green
Positive treatment
Quoted verbatim 3×
7.3 score
“if the agency itself were an interested party ... deference might lead a court to endorse self-serving views that an agency might offer....”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 30 distinct citers.
How cited ↗
discussed
Cited "but see"
F. David Seinfeld, Leatrice Seinfeld, Frederick Seinfeld v. K. Frank Austen, Duane L. Burnham, H. Laurance Fuller
But see West 14th Street Commercial Corp. v. 5 West 14th Street Owners Corp., 815 F.2d 188, 194 (2d Cir.), cert. denied, 484 U.S. 871 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987) (indicating that even if plaintiffs had no express right of action under the statute, their state claims encompassed a substantial federal question and therefore still presented a federal question sufficient under 28 U.S.C. § 1331 ). 3 .
discussed
Cited as authority (quoted)
Eramo v. Rolling Stone, LLC
plaintiff may prove the defendant's subjective state of mind through the cumulation of circumstantial evidence.
discussed
Cited as authority (quoted)
California Energy Commission, Puget Sound Power & Light Company, Washington Water Power Company (\Wwp\")
if the agency itself were an interested party ... deference might lead a court to endorse self-serving views that an agency might offer....
discussed
Cited as authority (quoted)
California Energy Commission v. Bonneville Power Administration
if the agency itself were an interested party ... deference might lead a court to endorse self-serving views that an agency might of-fer_
cited
Cited "see"
Black Butte Coal Co. v. United States
See National Fuel Gas Supply Corp. v. Federal Energy Regulatory Comm’n, 811 F.2d 1563 (D.C.Cir.), cert. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
discussed
Cited "see"
Matao C. Yokeno v. Ramon C. Mafnas
See West 14th Street Comm'l Corp. v. 5 West 14th Owners Corp., 815 F.2d 188, 195-96 (2d Cir.) (construing complaint for declaratory relief as a coercive complaint to quiet title in order to determine existence of federal question), certs. denied, 484 U.S. 850 , 108 S.Ct. 151 , 98 L.Ed.2d 107 and 484 U.S. 871 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
cited
Cited "see"
Buckley v. McGraw-Hill, Inc.
See Tavoulareas v. Piro, 817 F.2d 762 (D.C.Cir.1987) (en banc), cert. denied, 484 U.S. 870 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
cited
Cited "see"
A/S Ivarans Rederi v. United States
See National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1568-73 (D.C.Cir.), cert. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
cited
Cited "see"
A/S Ivarans Rederi v. United States
See National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1568-73 (D.C.Cir.), cert. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
cited
Cited "see"
Carson Wayne Newton, Aka: Wayne Newton v. National Broadcasting Company, Inc. Brian Elliot Ross Ira Silverman Paul Greenberg, Carson Wayne Newton, Aka: Wayne Newton, Plaintiff-Cross-Appellant v. National Broadcasting Company, Inc. Brian Elliot Ross Ira Silverman Paul Greenberg, Defendants-Cross-Appellees
See Tavoulareas v. Piro, 817 F.2d 762, 779-80 (D.C.Cir.) (en banc), cert. denied, 484 U.S. 870 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
discussed
Cited "see"
Prins v. International Telephone & Telegraph Corp.
See Tavoulareas v. Piro, *91 817 F.2d 762, 779 (D.C.Cir.) (en banc) (“it is the role of the court to determine whether the challenged statement is ‘capable of bearing a particular meaning’ and whether ‘that meaning is defamatory’ ” (quoting Restatement (Second) of Torts § 614(i), at 311 (1977))), cert. denied, 484 U.S. 870 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
cited
Cited "see"
Newton v. National Broadcasting Co.
See Tavoulareas v. Piro, 817 F.2d 762, 779-80 (D.C.Cir.) (en banc), cert. denied, 484 U.S. 870 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
discussed
Cited "see"
National Fuel Gas Supply Corporation v. Federal Energy Regulatory Commission
See National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1566-67, 1572-74 (D.C.Cir.), cert. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987). 3 .The background and mechanics of the deferred tax reserve funds are discussed more extensively in PUC I, 817 F.2d at 860-61, and in Public Utilities Commission v. FERC, 894 F.2d 1372 , 1378-79 (D.C.Cir. 1990). 4 .
cited
Cited "see"
A/s Ivarans Rederi v. United States of America and Federal Maritime Commission, Companhia De Navegacao Lloyd Brasileiro, Intervenors. A/s Ivarans Rederi v. United States of America and Federal Maritime Commission, United States Lines (s.a.), Empresa Lineas Maritimas Argentinas S.A., Companhia De Navegacao Lloyd Brasileiro, Intervenors
See National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1569 (D.C.Cir.), cert. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
cited
Cited "see"
Corson and Gruman Company v. National Labor Relations Board
See National Fuel Gas Supply v. FERC, 811 F.2d 1563 , 1566 (D.C.Cir.), cert. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
discussed
Cited "see"
David Price v. Viking Penguin, Inc. And Peter Matthiessen, William Styron, Kurt Vonnegut, John Irving, Alfred Kazin and Susan Sontag, Amicus Curiae
Amant v. Thompson, the Court indicated what types of evidence might suffice to show reckless disregard in a story: if there was evidence that the story was fabricated, if the story was inherently improbable, if the sources were entirely anonymous and their reports unverified, or if there were particular reasons to doubt sources. 390 U.S. at 732 , 88 S.Ct. at 1327 ; accord Tavoulareas v. Piro, 817 F.2d 762, 790 (D.C.Cir.), cert. denied, 484 U.S. 870 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
cited
Cited "see"
Liberty Lobby, Inc. v. John Rees
See Tavoulareas v. Piro, 817 F.2d 762, 788 (D.C.Cir.) (en banc), cert. denied, — U.S. -, 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987); see also Restatement (Second) of Torts § 581A comment f, at 237 (1977).
discussed
Cited "see, e.g."
Cajun Electric Power Cooperative, Inc. v. Federal Energy Regulatory Commission, Louisiana Public Service Commission, Intervenors
We stated that “[i]f after these proceedings it still can be said that the parties never meant squarely to address the issue raised by this dispute, then the Commission is entitled to place its own construction on the resultant ambiguity — so long as it is reasonable.” 924 F.2d at 1137; see also National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1568-70 (D.C.Cir.), cert. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987) (holding that FERC’s interpretation of a settlement agreement between the Commission’s staff and a private party was entitled to Chevron deference).
discussed
Cited "see, e.g."
Box Tree South, Ltd. v. Bitterman
See also, West 14th Street Commercial Corp. v. 5 West Uth Owners Corp., 815 F.2d 188, 196 (2d Cir.) (interpreting Merrell Dow as holding that the federal issue involved in the case was not sufficiently substantial to invoke federal question jurisdiction, because “the federal statute was merely incorporated by reference as a standard of conduct in a state negligence action”), cert. denied 484 U.S. 850 , 108 S.Ct. 151 , 98 L.Ed.2d 107 and 484 U.S. 871 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
discussed
Cited "see, e.g."
Foretich v. Capital Cities/ABC, Inc.
Waldbaum, 627 F.2d at 1296 (citation and footnote omitted); see id. at 1292 (defining a “public controversy” as “a specific public dispute that has foreseeable and substantial ramifications for persons beyond its immediate participants”); see also Tavoulareas v. Piro, 817 F.2d 762, 772-75 (D.C.Cir.) (en banc) (reaffirming and applying the Wald-baum test), cert. denied, 484 U.S. 870 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987); Smolla, supra, § 2.12, at 2-37 (“To the extent that one of the primary First Amendment values protected by Gertz is the allowance of breathing space for speech dir…
discussed
Cited "see, e.g."
Foretich v. Capital Cities/Abc, Inc.
Rather, a public controversy is a dispute that in fact has received public attention because its ramifications will be felt by persons who are not direct participants. 103 Waldbaum, 627 F.2d at 1296 (citation and footnote omitted); see id. at 1292 (defining a "public controversy" as "a specific public dispute that has foreseeable and substantial ramifications for persons beyond its immediate participants"); see also Tavoulareas v. Piro, 817 F.2d 762, 772-75 (D.C.Cir.) (en banc) (reaffirming and applying the Waldbaum test), cert. denied, 484 U.S. 870 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987); Smo…
discussed
Cited "see, e.g."
Alabama Power Company Georgia Power Company Gulf Power Company Mississippi Power Company Savannah Electric and Power Company Southern Company Services, Inc. v. Federal Energy Regulatory Commission, Alabama Public Service Commission City of Tallahassee, Florida Oglethorpe Power Corporation, Intervenors. Alabama Power Company Georgia Power Company Gulf Power Company Mississippi Power Company Savannah Electric and Power Company Southern Company Services, Inc. v. Federal Energy Regulatory Commission, Alabama Public Service Commission Cajun Electric Power Cooperative, Inc., Intervenors
See, e.g., National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1571 (D.C.Cir.) (recognizing that "if the agency itself were an interested party to the agreement, deference might lead a court to endorse self-serving views that an agency might offer in a post hoc reinterpretation of its contract"), cert. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
discussed
Cited "see, e.g."
Board of Managers of the Charles House Condominium v. Infinity Corp.
Compare West 14th Street Commercial Corp. v. 5 West 14th Owners Corp., 815 F.2d 188, 192 (2d Cir.), cert. denied, 484 U.S. 871 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987) (discussing why a lease is a "contract" within meaning of the Act). 24 .
discussed
Cited "see, e.g."
Alabama Power Co. v. Federal Energy Regulatory Commission
See, e.g., National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1571 (D.C.Cir.) (recognizing that "if the agency itself were an interested party to the agreement, deference might lead a court to endorse self-serving views that an agency might offer in a post hoc reinterpretation of its contract”), cer t. denied, 484 U.S. 869 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
cited
Cited "see, e.g."
Chapin v. Greve
See, e.g., Tavoulareas v. Piro, 817 F.2d 762, 779 (D.C.Cir.) (en banc), cert. denied, 484 U.S. 870 , 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987); Wilder v. Johnson Pub.
discussed
Cited "see, e.g."
James Patrick Price v. Thomas H. Brittain, Jr.
See also Tavoulareas v. Piro, 759 F.2d 90, 107-09 (D.C.Cir.) (holding that de novo review of district court rulings on issues involving constitutional fact is limited to the "ultimate constitutional fact” and declining to review the court’s credibility determinations), vacated and reinstated in relevant part, 763 F.2d 1472 , 1479-80 (D.C.Cir.1985) (opinion on petition for rehearing), cert. denied, — U.S. -, 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
discussed
Cited "see, e.g."
South Carolina Pipeline Corporation v. Federal Energy Regulatory Commission
Co. v. F.C.C., 541 F.2d 346 , 351 (3d Cir.1976), cert. denied, 429 U.S. 1092 , 97 S.Ct. 1104 , 51 L.Ed.2d 538 (1977) (rejecting argument that deference is not due agency's construction of contract); see also National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1569 (D.C.Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987) (court should defer to agency's construction of agreement); Manufacturer's Light & Heat Co. v. F.P.C., 374 F.2d 88 , 89 (3d Cir.1967) (Commission's conclusion as to what parties contemplated in subscribing to a settlement agreement deserves deference).…
discussed
Cited "see, e.g."
South Carolina Pipeline Corp. v. Federal Energy Regulatory Commission
Co. v. F.C.C., 541 F.2d 346 , 351 (3d Cir.1976), cert. denied, 429 U.S. 1092 , 97 S.Ct. 1104 , 51 L.Ed.2d 538 (1977) (rejecting argument that deference is not due agency’s construction of contract); see also National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1569 (D.C.Cir.), cert. denied, — U.S. -, 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987) (court should defer to agency’s construction of agreement); Manufacturer’s Light & Heat Co. v. F.P.C., 374 F.2d 88 , 89 (3d Cir.1967) (Commission’s conclusion as to what parties contemplated in subscribing to a settlement agreement deserves defere…
discussed
Cited "see, e.g."
Boston Edison Company v. Federal Energy Regulatory Commission, City of Holyoke Gas and Electric Department, Intervenors
See, e.g., Columbia Gas Transmission Corp. v. FPC, 530 F.2d 1056, 1059 (D.C.Cir.1976) (‘.‘there is room, in review of administrative agencies, for some deference to their views even on matters of law like the meaning of contracts ... where the understanding of the documents involved is enhanced by technical knowledge of industry conditions and practices”); see also National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 , 1570 (D.C.Cir.) (suggesting that, as a matter of routine, reviewing courts should defer to plausible agency interpretations of contracts within regulated industry), cert.…
discussed
Cited "see, e.g."
Contemporary Mission, Inc. v. The New York Times Company
Compare Cianci v. New Times Publishing Co., 639 F.2d 54, 69 (2d Cir.1980) (constitutional privilege of neutral reportage unavailable where article failed to report, among other things, appellant's claim of innocence to rape charge). 49 The Times' investigation "taken as a whole ... was sufficiently thorough and professional when held up to the daunting standards of actual malice." Tavoulareas v. Piro, 817 F.2d 762, 797 (D.C.Cir.) (in banc), cert. denied, --- U.S. ----, 108 S.Ct. 200 , 98 L.Ed.2d 151 (1987).
Retrieving the full opinion text from the archive…
Tavoulareas
v.
Washington Post Co.
v.
Washington Post Co.
No. 86-1967.
Supreme Court of the United States.
Oct 5, 1987.
C. A. D. C. Cir. Certiorari denied.
Justice Scalia took no part in the consideration or decision of this petition.