green
Positive treatment
Quoted verbatim 2×
6.4 score
“rule 23, of course, accords considerable discretion to a district court in fashioning notice to a class.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 25 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Carlough v. Amchem Products, Inc.
rule 23, of course accords considerable discretion to a district court in fashioning notice to a class.
discussed
Cited as authority (quoted)
In re Domestic Air Transportation Antitrust Litigation
rule 23, of course, accords considerable discretion to a district court in fashioning notice to a class.
discussed
Cited as authority (rule)
Findley v. Blinken (In Re Joint Eastern & Southern District Asbestos Litigation)
Yet, if no class is certified under Rule (b)(1)(B), non-class members who opt out under Rule 23(b)(3) would conceivably receive all of the punitive damages or, if their cases are not completed first, none at all. [[Image here]] There is, therefore, a substantial probability that “adjudication with respect to individual members of the class ... would as a practical matter be dispositive of the interests of the other members not parties to the adjudication.” Id. at 728.
discussed
Cited "see"
Arar v. Ashcroft
See Chaser Shipping Corp. v. U.S., 649 F.Supp. 736, 739 (S.D.N.Y.1986), affd, 819 F.2d 1129 (2d Cir.1987) (affirming dismissal by district court of tort claims by foreign shipping company against United States under covert military operations in Nicaragua), cert, denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988), rehrg. denied, 487 U.S. 1243 , 108 S.Ct. 2921 , 101 L.Ed.2d 952 (1988).
discussed
Cited "see"
Thurston v. United States
Devine v. Cook, 3 Utah 2d 134 , 279 P.2d 1073, 1080 (1955); Hall v. Blackham, 18 Utah 2d 164 , 417 P.2d 664 (1966); see Allen v. United States, 588 F.Supp. 247 (D.Utah 1984), rev’d on other grounds, 816 F.2d 1417 (10th Cir.1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 694 , 98 L.Ed.2d 647 (1988). 5.
discussed
Cited "see"
Atlanta College of Medical and Dental Careers, Inc. v. Richard W. Riley, Secretary of Education, in His Official Capacity, Wilfred American Educational Corporation, Doing Business as Wilfred Academy of Hair and Beauty Culture v. Richard W. Riley, Secretary of Education, in His Official Capacity
See Independent Community Bankers Ass'n v. Board of Governors of the Federal Reserve System, 820 F.2d 428 , 434 (D.C.Cir.1987) (clear meaning of a statute can be overridden only by a clearly contrary legislative intent), cert. denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see"
Atlanta College of Medical & Dental Careers, Inc. v. Riley
See Independent Community Bankers Ass’n v. Board of Governors of the Federal Reserve System, 820 F.2d 428, 434 (D.C.Cir.1987) (clear meaning of a statute can be overridden only by a clearly contrary legislative intent), cert, denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see"
McLendon v. Continental Group, Inc.
Newberg, Newberg on Class Actions § 11.-42, at 454 (2d ed. 1977) (same); see generally, In re Agent Orange Product Liability Litigation, 597 F.Supp. 740 (E.D.N.Y. 1984), aff'd, 818 F.2d 145 (2d Cir.1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see"
Maiorana v. Owens-Corning Fiberglas Corp.
See In re “Agent Orange” Product Liability Litigation, 597 F.Supp. 740, 785 (E.D.N.Y.1984), aff’d on other grounds, 818 F.2d 145 (2d Cir.1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see"
In Re Owens-Corning Fiberglas Corp.
See In re "Agent Orange" Product Liability Litigation, 597 F.Supp. 740, 785 (E.D.N.Y.1984), aff'd on other grounds, 818 F.2d 145 (2d Cir.1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see"
Johnson ex rel. Estate of Johnson v. United States, Department of Interior
See Allen v. United States, 816 F.2d 1417, 1424-25 (10th Cir.1987) (McKay, J., concurring) (concern that the discretionary function exception has been interpreted to apply "in all but the most trivial of matters"), cert. denied, 484 U.S. 1004 , 108 S.Ct. 694 , 98 L.Ed.2d 647 (1988). .While characterized as the Berkovitz analysis, the contours of the discretionary function exception evolved from three important United States Supreme Court decisions: Dalehite v. United States, 346 U.S. 15 , 73 S.Ct. 956 , 97 L.Ed. 1427 (1953); United States v. S.A.
cited
Cited "see"
Taylor v. Liberty National Life Insurance
See In re Agent Orange Product Liability Litigation, 818 F.2d 145, 168-69 (2d Cir.1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988).
cited
Cited "see"
United States v. Hurst
See generally United States v. Saipaia, 24 MJ 172 (CMA 1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 694 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see"
Kennewick Irrigation District v. United States of America, Kennewick Irrigation District Burlington Northern Railroad Company National Railroad Passenger Corporation v. United States of America, Kennewick Irrigation District v. United States
See Allen v. United States, 816 F.2d 1417, 1421 (10th Cir.1987) (Allen ) (broad and general duty imposed by statute on Atomic Energy Commission to promote safety in atomic testing left room for exercise of discretion), cert. denied, --- U.S. ----, 108 S.Ct. 694 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see"
Kennewick Irrigation District v. United States
See Allen v. United States, 816 F.2d 1417, 1421 (10th Cir.1987) (Allen) (broad and general duty imposed by statute on Atomic Energy Commission to promote safety in atomic testing left room for exercise of discretion), cert. denied, — U.S. -, 108 S.Ct. 694 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see"
United States Fidelity & Guaranty Company v. United States
Accord Allen v. United States, 816 F.2d 1417 , 1422 n. 5 (10th Cir.1987) (quoting Myslakowski and stating that it is “irrelevant whether the alleged failure to warn was a matter of ‘deliberate choice’ or a mere oversight”), petition for cert. denied, — U.S. -, 108 S.Ct. 694 , 98 L.Ed.2d 647 (1987); In re Consolidated United States Atmospheric Testing Litigation, 820 F.2d 982 , 998 & n. 19 (9th Cir.1987) (quoting Allen and Myslakowski and holding that the exception “does not require an analysis of the decisionmaking process”).
discussed
Cited "see, e.g."
In Re Air Disaster At Lockerbie Scotland On December 21, 1988
As one court put it, "court records are full of the conflicting opinions of doctors, engineers and accountants, to name just a few of the legions of expert witnesses." United States v. Stifel, 433 F.2d 431, 438 (6th Cir.1970), cert. denied, 401 U.S. 994 , 91 S.Ct. 1232 , 28 L.Ed.2d 531 (1971); see also In re "Agent Orange" Product Liability Litigation, 818 F.2d 145, 172 (2d Cir.1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see, e.g."
Pagnucco v. Pan American World Airways, Inc.
As one court put it, “court records are full of the conflicting opinions of doctors, engineers and accountants, to name just a few of the legions of expert witnesses.” United States v. Stifel, 433 F.2d 431, 438 (6th Cir.1970), cert. denied, 401 U.S. 994 , 91 S.Ct. 1232 , 28 L.Ed.2d 531 (1971); see also In re “Agent Orange” Product Liability Litigation, 818 F.2d 145, 172 (2d Cir.1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see, e.g."
United States v. Williams
(2×)
The Court unequivocally adopted the Supreme Court’s holding that, where evidence is relevant, material, and favorable to the defense, such evidence “is constitutionally required to be admitted.” See United States v. Valenzuela-Bernal, 458 U.S. 858, 867 , 102 S.Ct. 3440, 3446 , 73 L.Ed.2d 1193 (1982), cited in United States v. Dorsey, supra at 5 and United States v. Colon-Angueira, 16 MJ at 26; see also United States v. Saipaia, 24 MJ 172, 175 (CMA 1987) (“Primarily, Mil.R.Evid. 412 is a rule of relevance, specifically concerned with the relevance of the victim’s sexual past in a tria…
cited
Cited "see, e.g."
Renaud v. Martin Marietta Corp.
See, e.g., Allen v. United States, 588 F.Supp. 247, 413 (D.Utah 1984), rev’d on other grounds, 816 F.2d 1417 (10th Cir.1987), cert. denied, 484 U.S. 1004 , 108 S.Ct. 694 , 98 L.Ed.2d 647 (1988).
discussed
Cited "see, e.g."
Bates v. Tenco Services, Inc.
See e.g., In Re "Agent Orange"Product Liability Litigation, 100 F.R.D. 718 (E.D.N.Y.1983) aff'd, 818 F.2d 145 (2d Cir.1987), cert. denied, sub nom Pinkney v. Dow Chemical Co., 484 U.S. 1004 , 108 S.Ct. 695 , 98 L.Ed.2d 647 (1988) (different members of the plaintiff class had causes of action against some but not other defendant chemical companies); See also, In Re Asbestos School Litigation, 104 F.R.D. 422 (E.D.Pa.1984). .
discussed
Cited "see, e.g."
Davenport v. Gerber Products Co.
See e.g., In re “Agent Orange Product” Liability Litigation, 818 F.2d 145, 166-67 (2d Cir.1987) (citing Port Authority Police Benevolent Ass’n. v. Port Authority of New York & New Jersey, 698 F.2d 150, 154 (2d Cir.1983) (“Since plaintiff has satisfied the requirement of a common question of law or fact, Rule 23(a)(2), the denial of class certification must be reversed.”)), cert. denied, — U.S. -, 108 S.Ct. 695 , 98 L.Ed.2d 647 , — U.S.-, 108 S.Ct. 2899 , 101 L.Ed.2d 932 (1988).
discussed
Cited "see, e.g."
Jones v. United States
See also Allen v. United States, 816 F.2d 1417 (10th Cir.1987), cert. denied, — U.S. —, 108 S.Ct. 694 , 98 L.Ed.2d 647 (1988) (section 2680(a) protected Atomic Energy Commission’s failure to require closer supervision and to disseminate more public information in its execution of federal atomic bomb tests); Barnson v. United States, 816 F.2d 549 (10th Cir.1987), cert. denied, — U.S. —, 108 S.Ct. 229 , 98 L.Ed.2d 188 (1987) (decisions of Atomic Energy Commission and Public Health Service not to warn miners of radiation hazards and not to regulate the safety and health of miners were d…
cited
Cited "see, e.g."
Piechowicz v. United States
See id. at 814, 104 S.Ct. at 2764-65; see also Allen v. United States, 816 F.2d 1417, 1422 (10th Cir. 1987), cert. denied, — U.S.-, 108 S.Ct. 694 , 98 L.Ed.2d 647 (1988). 20 .
Retrieving the full opinion text from the archive…
Saipaia
v.
United States
v.
United States
No. 87-324.
Supreme Court of the United States.
Jan 11, 1988.
Published
Citer courts: N.D. Georgia (1) · E.D. Pennsylvania (1)
Ct. Mil. App. Certiorari denied.