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Positive treatment
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Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
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Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Cited "see"
Debra A. Howell v. Immigration and Naturalization Service
(2×)
See Randall v. Meese, 854 F.2d 472 , 482 n. 16 (D.C.Cir.1988) (stating that even after Cheng Fan Kwok, "the reviewability of district director status adjustment decisions is unsettled" and "the Supreme Court has not yet grappled with the question whether, outside the context of a deportation proceeding or order, district director status adjustment or asylum application denials are amenable to court review") (emphasis omitted), cert. denied, 491 U.S. 904 , 109 S.Ct. 3186 , 105 L.Ed.2d 694 (1989).
discussed
Cited "see"
United States v. Tommy Briscoe
See Lombardo v. United States, 865 F.2d 155, 159 (7th Cir.) (holding in case in which defendants claimed that the victims were defrauded only out of intangible rights, that the attempted sale of a piece of property at a price lower than existing higher bids constituted a scheme to obtain money or property by fraudulent means), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989); United States v. Dial, 757 F.2d 163, 168-70 (7th Cir.) (holding that a futures broker committed fraud by causing customers to lose additional profits because broker personally traded ahead of the custo…
discussed
Cited "see"
7547 Corp. v. Parker & Parsley Development Partners, L.P.
E.g., Wingate, 795 S.W.2d at 719 ; see generally, Leach v. FDIC, 860 F.2d 1266, 1269 (5th Cir.1988), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989); FDIC v. Howse, 802 F.Supp. 1554, 1561-62 (S.D.Tex.1992) (determination of whether claim is derivative turns on whether “all shareholders are “wounded’ or just one person has been hurt by the misconduct.”).
discussed
Cited "see"
Chanoff v. United States Surgical Corp.
See Leach v. FDIC, 860 F.2d 1266, 1273 (5th Cir.1988), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989) (finding that shareholders failed to state viable RICO claim because they did not allege injury to property that was distinct from injury suffered by corporation, and therefore had not alleged individual injury required under RICO); cf. Ceribelli v. Elghanayan, 990 F.2d 62, 62-63 (2d Cir.1993) (so long as plaintiffs suffered injury directly, they had standing to bring RICO claim even if corporation suffered identical injury for which it had similar right to recovery).
discussed
Cited "see"
Brandt v. Bassett
See Leach v. FDIC, 860 F.2d 1266, 1269, 1272 (5th Cir.1988) (FDIC succeeds to claims of failed bank), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989); Gaff v. FDIC, 814 F.2d 311, 315 (6th Cir.) (same), mod. on reh'g on other grounds, 828 F.2d 1145 (6th Cir.1987).
discussed
Cited "see"
United States v. Walters
See Lombardo v. U.S., 865 F.2d 155, 159-160 (7th Cir. 1989), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989); See also U.S. v. Diwan, 864 F.2d 715, 719-20 (11th Cir.1989), ce rt. denied, 492 U.S. 921 , 109 S.Ct. 3249 , 106 L.Ed.2d 595 (1989).
discussed
Cited "see"
In Re Sunrise Securities Litigation.
See Leach v. Federal Deposit Insurance Corp., 860 F.2d 1266, 1274 (5th Cir.1988) (incorporation of state law into RICO for purposes of shareholder suits implicates problem of uniformity throughout the states but is preferable to generating federal common law in this area), cert. denied, --- U.S. ----, 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989); see also Morgan, 797 F.2d at 475 (when federal government is not party to litigation, neutral state rules that do not undermine federal interests should be applied unless statute or constitution authorizes federal court to create federal rule).
discussed
Cited "see"
Popkin v. Jacoby (In re Sunrise Securities Litigation)
See Leach v. Federal Deposit Insurance Corp., 860 F.2d 1266, 1274 (5th Cir.1988) (incorporation of state law into RICO for purposes of shareholder suits implicates problem of uniformity throughout the states but is preferable to generating federal common law in this area), cert. denied, — U.S.-, 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989); see also Morgan, 797 F.2d at 475 (when federal government is not party to litigation, neutral state rules that do not undermine federal interests should be applied unless statute or constitution authorizes federal court to create federal rule).
discussed
Cited "see"
United States v. Riggs
See Lombardo v. United States, 865 F.2d 155, 157 (7th Cir.) (holding that the two elements of a wire fraud claim under § 1343 are a scheme to defraud and the use of wire communications in furtherance of the scheme), cert. denied, - U.S.-, 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989).
cited
Cited "see, e.g."
Kaiser v. Stewart
See also Leach v. FDIC, 860 F.2d 1266, 1273-74 (5th Cir.1988), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989).
discussed
Cited "see, e.g."
Roma Construction Company and Peter Zanni v. Ralph R. Arusso
(2×)
See, e.g., Leach v. FDIC, 860 F.2d 1266 (5th Cir.1988), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989).
discussed
Cited "see, e.g."
Kai Wu Chan v. Reno
Because of the special benefit it confers upon an alien who would otherwise be required to depart from the United States to apply for an immi *1293 grant visa and then return, Section 245 adjustment is considered to be “extraordinary relief.” Howell v. I.N.S., 72 F.3d 288, 290 (2d Cir. Dec. 20, 1995) (quoting Jain v. I.N.S., 612 F.2d 683, 687 (2d Cir.1979), cert. denied, 446 U.S. 937 , 100 S.Ct. 2155 , 64 L.Ed.2d 789 (1980)); see also Randall v. Meese, 854 F.2d 472, 474 (D.C.Cir.1988) (Ruth Bader Ginsburg, J.) (quoting Jain, 612 F.2d at 687 ), cert. denied, 491 U.S. 904 , 109 S.Ct. 3186 , …
discussed
Cited "see, e.g."
Lundman v. McKown
(2×)
See Hermanson v. State, 570 So.2d 322, 328-29 (Fla.Dist.Ct.App.1990) (seven-year-old diabetic died in spite of Florida’s criminally sanctioned reporting requirements), rev’d, 604 So.2d 775 (Fla.1992); see also Walker v. Superior Court, 47 Cal.3d 112 , 253 Cal.Rptr. 1 , 763 P.2d 852, 871 (1988) (authorities generally will not learn of faith healing unless and until someone dies), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989).
discussed
Cited "see, e.g."
Vernon v. City of Los Angeles
See also Walker v. Superior Court, 47 Cal.3d 112 , 253 Cal.Rptr. 1, 18-20 , 763 P.2d 852, 869-71 (1988) (applying federal balancing test and compelling state interest analysis as a matter of state constitutional law), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989); Molko, 46 Cal.3d 1092 , 252 Cal.Rptr. at 133 , 762 P.2d at 57 (same); In re Arias, 42 Cal.3d 667 , 230 Cal.Rptr. 505, 520 , 725 P.2d 664, 679 (1986) (same). 36 In Sherbert v. Verner, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963), the Supreme Court articulated the balancing test that has traditionally bee…
discussed
Cited "see, e.g."
Vernon v. City of Los Angeles
See also Walker v. Superior Court, 47 Cal.3d 112 , 253 Cal.Rptr. 1, 18-20 , 763 P.2d 852, 869-71 (1988) (applying federal balancing test and compelling state interest analysis as a matter of state constitutional law), cert. denied, 491 U.S. 905 , 109 S.Ct. 3186 , 105 L.Ed.2d 695 (1989); Molko, 46 Cal.3d 1092 , 252 Cal.Rptr. at 133 , 762 P.2d at 57 (same); In re Arias, 42 Cal.3d 667 , 230 Cal.Rptr. 505, 520 , 725 P.2d 664, 679 (1986) (same).
discussed
Cited "see, e.g."
McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc.
Compare Roitman v. New York City Transit Authority, 704 F.Supp. 346, 348 (E.D.N.Y.1989) (inability to obtain employment was not a deprivation of a property interest for purposes of mail and wire fraud statutes) and United States v. Slay, 717 F.Supp. 689, 693 (E.D.Mo.1989) ("mere contemplation of an ongoing contractual relationship" does not rise to a property right protected by the mail and wire fraud statutes) with Lombardo v. United States, 865 F.2d 155, 159-160 (7th Cir.) (defendants’ fraudulent manipulation of sale of pension fund property caused deprivation of property interest where fu…
Retrieving the full opinion text from the archive…
Leach
v.
Federal Deposit Insurance Corporation
v.
Federal Deposit Insurance Corporation
No. 88-1604.
Supreme Court of the United States.
Jun 19, 1989.
Published
C. A. 5th Cir. Certiorari denied.