green
Positive treatment
Quoted verbatim 2×
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G Cite
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 23 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Harrison v. Enventure Capital Group, Inc.
there has been a remarkable change of attitude by the supreme court regarding the inference of private rights of action
discussed
Cited as authority (quoted)
Riegel Textile Corporation v. Celanese Corporation
to determine the message to be found in the void of express congressional statement, we resort neither to our own notions of sound policy nor to our concept of what best suits the public weal.
discussed
Cited "see"
Limor v. Buerger (In Re Del-Met Corp.)
See Woodruff v. Tomlin, 616 F.2d 924 (6th Cir.), cert. denied, 449 U.S. 888 , 101 S.Ct. 246 , 66 L.Ed.2d 114 (1980) (claim based on an attorney’s conflict of interest is a malpractice claim under Tennessee law).
discussed
Cited "see"
C & H NATIONWIDE, INC. v. Thompson
(2×)
See Rogers v. Frito-Lay, Inc., 611 F.2d 1074, 1080 (5th Cir.) (what happened after a statute was enacted may be history and it may come from members of the Congress, but it is not part of the legislative history of the original enactment), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980).
discussed
Cited "see"
National Labor Relations Board v. McCullough Environmental Services, Inc.
See NLRB v. Laredo Coca Cola Bottling Co., 613 F.2d 1338, 1342 (5th Cir.) (finding that invitations to employees to disclose their union activities and sympathies constitute interrogation), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980).
discussed
Cited "see"
N.L.R.B. v. McCullough Environmental Services, Inc.
See NLRB v. Laredo Coca Cola Bottling Co., 613 F.2d 1338, 1342 (5th Cir.) (finding that invitations to employees to disclose their union activities and sympathies constitute interrogation), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 1115 (1980).
discussed
Cited "see"
Columbia Portland Cement Company v. National Labor Relations Board
See Methodist Hospital of Ky., Inc. v. NLRB, 619 F.2d 563, 567 (6th Cir.), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980); accord General Telephone Co., 251 NLRB 737 , 739 (1980), enforced, 672 F.2d 894 (D.C.Cir.1981).
cited
Cited "see"
Petty v. Privette
See Wood ruff v. Tomlin, 616 F.2d 924 (6th Cir.1980), cert. denied, 449 U.S. 888 , 101 S.Ct. 246 , 66 L.Ed.2d 114 (1980).
discussed
Cited "see"
Shuttleworth v. Broward County
See Rogers v. Frito-Lay, Inc., 611 F.2d 1074, 1095 (5th Cir.1980), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980)); See also Miener v. State of Missouri, 673 F.2d 969, 968 (8th Cir.1982), cert. denied, 459 U.S. 909 , 103 S.Ct. 215 , 74 L.Ed.2d 171 (1982); Pushkin v. Regents of University of Colorado, 658 F.2d 1372 , 1381 (10th Cir.1981); Camenisch v. University of Texas, 616 F.2d 127, 134 (5th Cir.1980), vacated as moot, 451 U.S. 390 , 101 S.Ct. 1830 , 68 L.Ed.2d 175 (1981).
discussed
Cited "see"
Howard L. Moon v. Secretary, United States Dept. Of Labor
See Rogers v. Frito-Lay, Inc., 611 F.2d 1074, 1085 (5th Cir.) (no private right of action against federal contractor under section 503), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980). 7 .
discussed
Cited "see"
Martinson Manufacturing Co. v. Seery
(2×)
A fortiori, an attorney is not liable for an error in judgment on points of new occurrence or of nice or doubtful construction, or for a mistaken opinion on a point of law that has not been settled by a court of last resort and on which reasonable doubt may well be entertained by informed lawyers. 7 Am.Jur.2d Attorneys at Law § 201 (1980); accord Woodruff v. Tomlin, 616 F.2d 924 , 932 (6th Cir.), cert. denied, 449 U.S. 888 , 101 S.Ct. 246 , 66 L.Ed.2d 114 (1980); Baker v. Beal, 225 N.W.2d 106, 112 (Iowa 1975); Meagher v. Kavli, 256 Minn. 54, 60-61 , 97 N.W.2d 370, 375 (1959); Hodges v. Carter…
discussed
Cited "see"
Summers v. Sears, Roebuck & Co.
See Woodruff v. Tomlin, 616 F.2d 924 (6th Cir.1980), cert. denied, 449 U.S. 888 , 101 S.Ct. 246 , 66 L.Ed.2d 114 (1980); Glinsey v. Baltimore & Ohio Railroad, 495 F.2d 565 (6th Cir.1974), cert. denied, 419 U.S. 968 , 95 S.Ct. 232 , 42 L.Ed.2d 184 (1974); Wright & Miller, Federal Practice and Procedure, Civil § 4507 (1982).
cited
Cited "see"
Ruth Anne M v. Alvin Independent School District
See Rogers v. Frito-Lay, Inc., 611 F.2d 1074, 1088 (5th Cir.) cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980) (Goldberg, J., dissenting).
discussed
Cited "see, e.g."
Blecher & Collins, P.C. v. Northwest Airlines, Inc.
See, e.g., Woodruff v. Tomlin, 616 F.2d 924, 930 (6th Cir.1980), cert. denied, 449 U.S. 888 , 101 S.Ct. 246 , 66 L.Ed.2d 114 (1980) (holding attorney not liable for error resulting from “an exercise of professional judgment.”); Kirsch v. Duryea, 21 Cal.3d 303 , 146 Cal. Rptr. 218, 222 , 578 P.2d 935, 939 (1978) (remarking that an attorney is not an “insurer of the soundness of his opinions.”). *1453 Blecher insists that his rejection of Continental’s approach had nothing to do with reconciling the competing interests of the airlines.
discussed
Cited "see, e.g."
Grantham and Mann, Inc., D/B/A Grantham Safety Industries, Inc. v. American Safety Products, Inc., Sam Evans, Richard J. Althoff and James Hunneke
Co., 311 U.S. 223, 237 , 61 S.Ct. 179, 183 , 85 L.Ed. 139 (1940)) (emphasis supplied by Bosch); see also Woodruff v. Tomlin, 616 F.2d 924, 928-29 (6th Cir.), cert. denied, 449 U.S. 888 , 101 S.Ct. 246 , 66 L.Ed.2d 114 (1980).
discussed
Cited "see, e.g."
William Morrison Smith v. United States Postal Service
Compare Rogers v. Frito-Lay, Inc., 611 F.2d 1074 (5th Cir.) (finding no private right of action), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980), with Chaplin v. Consolidated Edison Co., 482 F.Supp. 1165, 1173 (S.D.N.Y. 1980) (recognizing private right of action).
cited
Cited "see, e.g."
National Labor Relations Board v. Great Western Coca-Cola Bottling Company
See, e.g., NLRB v. Laredo Coca Cola Bottling Co., 613 F.2d 1338, 1342 (5th Cir.), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980).
discussed
Cited "see, e.g."
Chaplin v. Consolidated Edison Co. of New York, Inc.
See also Rogers v. Frito-Lay, Inc., 611 F.2d 1074 (5th Cir.), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980) (no private right of action exists under § 503; question of possible third-party beneficiary claim not presented but if it were "we would also need to consider whether implication of a third-party beneficiary claim turns on the same considerations as implication of a private cause of action,” id. at 1079 n. 5). 21 .
discussed
Cited "see, e.g."
Marlene Industries Corporation v. National Labor Relations Board, and International Ladies' Garment Workers' Union, Intervenor
Compare Methodist Hospital of Kentucky, Inc., v. NLRB, 619 F.2d 563, 568-70 (6th Cir.), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980), citing, Percival v. National Drama Corp., 181 Cal. 631, 637 , 185 P. 972, 974 (1919): A discharge cannot be effected by a secret, undisclosed intention on the part of the master.
discussed
Cited "see, e.g."
United States v. City of Miami
Compare Rogers v. Frito-Lay, Inc., 611 F.2d 1074, 1080 (5th Cir.) (“The retroactive wisdom provided by the subsequent speech of a member of Congress stating that yesterday we meant something that we did not say is an ephemeral guide to history.”), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980) and id. at 1082 (“[A] committee is not the Congress.
discussed
Cited "see, e.g."
27 Fair empl.prac.cas. 913, 27 Empl. Prac. Dec. P 32,328 United States of America v. The City of Miami, Florida v. Fraternal Order of Police, City of Miami Lodge No. 20, Kenneth R. Harrison, President, and the Miami Police Benevolent Association
Compare Rogers v. Frito-Lay, Inc., 611 F.2d 1074, 1080 (5th Cir.) ("The retroactive wisdom provided by the subsequent speech of a member of Congress stating that yesterday we meant something that we did not say is an ephemeral guide to history."), cert. denied, 449 U.S. 889 , 101 S.Ct. 246 , 66 L.Ed.2d 115 (1980) and id. at 1082 ("(A) committee is not the Congress.
discussed
Cited "see, e.g."
Van Horn Lodge, Inc. v. White
(2×)
See also Woodruff v. Tomlin, 616 F.2d 924, 936 (6th Cir.1980), cert. denied, ___ U.S. ___, 101 S.Ct. 246 , 66 L.Ed.2d 114 (1980). [2] Although the majority holds that White and Jones were not negligent as a matter of law, the following considerations persuade me that there is a question of fact as to White and Jones' compliance with the standard imposed by DR 2-110: a.
discussed
Cited "see, e.g."
Uneeda Davis v. Ball Memorial Hospital Association Patricia Roberts Harris, in Her Capacity as Secretary of Health, Education and Welfare
(2×)
We believe those factors uniformly indicate that Congress did not wish to permit a private right of action against the Secretary under the circumstances alleged here. 56 This Court has noted with respect to the first of the Cort factors that courts have often used "too facile" an approach in considering whether a particular party is "one of the class for whose especial benefit the statute was enacted." Simpson v. Reynolds Metals Co., supra at 25; see also Rogers v. Frito-Lay, Inc., 611 F.2d 1074, 1079 (5th Cir. 1980), certiorari denied, --- U.S. ----, 101 S.Ct. 246 , 66 L.Ed.2d 115 .
Retrieving the full opinion text from the archive…
Tomlin
v.
Woodruff
v.
Woodruff
No. 79-1802.
Supreme Court of the United States.
Oct 6, 1980.
Published
Citer courts: Second Circuit (1) · W.D. New York (1)
C. A. 6th Cir. Motion of Tennessee Bar Association for leave to file a brief as amicus curiae granted. Certiorari denied.