green
Positive treatment
6.6 score
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 25 distinct citers.
How cited ↗
cited
Cited "but see"
Tallent v. National General Insurance
But see Silver v. Slusher, 770 P.2d 878, 884 (Okla.1988), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989).
discussed
Cited "but see"
Tallent v. National General Insurance
(2×)
But see Silver v. Slusher, 770 P.2d 878 (Okla. 1988), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989) (under statute language requiring increased limits of UIM coverage to be "offered," insurer had no duty to provide explanation of UIM coverage to insureds).
discussed
Cited as authority (rule)
Sykes v. Henderson Police Department
And because he has already pled a valid § 1983 cause of action for racial 14 discrimination, he has sufficiently alleged that the defendants were motivated by racial animus. 15 16 73 Sever v. Alaska Pulp Corp., 978 F.2d 1529, 1536 (9th Cir. 1992). 17 74 Caldeira v. Cnty. of Kauai, 866 F.2d 1175, 1177 (9th Cir. 1989), cert. denied, 493 U.S. 817 18 (1989) (noting that it’s well-stablished that there can be no § 1985 claim in the absence of a § 1983 claim); see also Thornton, 425 F.3d at 1168 (“The absence of a section 1983 deprivation 19 of rights precludes a section 1985 conspiracy claim…
discussed
Cited as authority (rule)
O'Neal v. Albertson
While O’Neal asserts that he was deprived of his First, Fifth, and Fourteenth Amendment 5 rights, he does not substantiate those allegations and instead submits a mélange of legal terms 6 and phrases for my consideration.58 Absent factual allegations showing a specific deprivation of 7 federal rights, O’Neal’s claims cannot proceed.59 O’Neal’s assertion that the Nevada DMV 8 failed to enforce its own regulations governing insurance coverage is similarly not actionable 9 under § 1983 because O’Neal fails to show that those regulations implicate a federal right.60 10 And to the ext…
discussed
Cited "see"
(PS) Whitsitt v. City of Lodi, California
See Caldeira v. Cnty. of Kauai, 866 F.2d 1175, 1182 (9th Cir.1989) (holding that 5 || “the absence of a section 1983 deprivation of rights precludes a section 1985 conspiracy claim 6 || predicated on the same allegations’), cert. denied, 493 U.S. 817 , 110 S.Ct. 69 , 107 L.Ed.2d 36 7 | (1989).
cited
Cited "see"
United States v. Kenneth Givens, Robert Turner, and Guinn Kelly
See United States v. Arrington, 867 F.2d 122, 125-26 (2d Cir.), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989).
cited
Cited "see"
United States v. Kenneth Givens
See United States v. Arrington, 867 F.2d 122, 125-26 (2d Cir.), cert. denied, 493 U.S. 817 (1989).
discussed
Cited "see"
Jerry Alan Goodman v. City of Santa Rosa Bryan Reynolds Able Towing Company Nathan Wallin
See Caldeira v. City of Kauai, 866 F.2d 1175, 1181 (9th Cir.), cert. denied, 493 U.S. 817 (1989). 6 Goodman, represented by counsel, argued in his Rule 59(e) motion that (1) his attempt to register his car, even given his refusal to pay a Smog Impact Fee, created a genuine issue of fact as to the status of his car registration and (2) the Smog Impact Fee is unconstitutional.
discussed
Cited "see"
Simmons v. Poe
See Caldeira v. County of Kauai, 866 F.2d 1175, 1181 (9th Cir.1989), cert. denied, 493 U.S. 817 , 110 S.Ct. 69 , 107 L.Ed.2d 36 (1989); see also Lenard v. Argento, 699 F.2d 874, 882-83 (7th Cir.1983), cert. denied, 464 U.S. 815 , 104 S.Ct. 69 , 78 L.Ed.2d 84 (1983) (a civil conspiracy under section 1985 is a combination of two or more persons acting in concert to commit an unlawful act, the principal element of which is an agreement or single plan between the parties to inflict a wrong against or injury upon another).
discussed
Cited "see"
James E. Simmons, Individually and on Behalf of All Those He Represents v. Vernon Poe, Individually and in His Official Capacity as a Deputy Sheriff L.E. McCann Individually and in His Official Capacity as a Special Agent With the Virginia State Police Carl R. Baker, Superintendent of the Virginia State Police, in His Official Capacity M. Wayne Huggins, in His Official Capacity as Superintendent of the Virginia State Police, and Virginia State Police Julian E. Boyer, Individually and in His Official Capacity as a Magistrate in Powhatan County, Virginia, James E. Simmons, Individually and on Behalf of All Those He Represents v. Vernon Poe, Individually and in His Official Capacity as a Deputy Sheriff, and L.E. McCann Individually and in His Official Capacity as a Special Agent With the Virginia State Police Virginia State Police Carl R. Baker, Superintendent of the Virginia State Police, in His Official Capacity Julian E. Boyer, Individually and in His Official Capacity as a Magistrate in Powhatan County, Virginia, James E. Simmons, Individually and on Behalf of All Those He Represents v. L.E. McCann Individually and in His Official Capacity as a Special Agent With the Virginia State Police, and Virginia State Police Carl R. Baker, Superintendent of the Virginia State Police, in His Official Capacity Vernon E. Poe, Individually and in His Official Capacity as a Deputy Sheriff Julian E. Boyer, Individually and in His Official Capacity as a Magistrate in Powhatan County, Virginia
See Caldeira v. County of Kauai, 866 F.2d 1175, 1181 (9th Cir.1989), cert. denied, 493 U.S. 817 , 110 S.Ct. 69 , 107 L.Ed.2d 36 (1989); see also Lenard v. Argento, 699 F.2d 874, 882-83 (7th Cir.1983), cert. denied, 464 U.S. 815 , 104 S.Ct. 69 , 78 L.Ed.2d 84 (1983) (a civil conspiracy under section 1985 is a combination of two or more persons acting in concert to commit an unlawful act, the principal element of which is an agreement or single plan between the parties to inflict a wrong against or injury upon another). 48 This Court, under that standard, has rarely, if ever, found that a plaint…
discussed
Cited "see"
The American Casualty Company Of Reading, Pennsylvania v. Federal Deposit Insurance Corporation
See Silver v. Slusher, 770 P.2d 878, 884 (Okla.1988) (common law governs unless Oklahoma constitution or statutes clearly and expressly modify it) (citations omitted), cert. denied, 493 U.S. 817 (1989).
cited
Cited "see"
Kersting v. United States
See Caldeira v. County of Kauai, 866 F.2d 1175 (9th Cir.), cert. denied, 493 U.S. 817 , 110 S.Ct. 69 , 107 L.Ed.2d 36 (1989).
cited
Cited "see"
Rodgers v. Higgins
See in this connection Silver v. Slusher, Okl., 770 P.2d 878 , 882 n. 11 (1989), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989).
cited
Cited "see"
Fleet v. Sanguine, Ltd.
See in this connection Silver v. Slusher, Okl., 770 P.2d 878 , 882 n. 11 (1989), cert. den., 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989). 50 .
discussed
Cited "see"
Carter v. Commonwealth
Carter contends that he has demonstrated that his defense was prejudiced by his attorneys’ ineffectiveness in failing to ask relevant questions of Nancy Carter to ascertain why she revoked her consent to obtain the victim’s psychological records and whether DSS had encouraged her to file a spurious complaint. (2) “An actual conflict of interest exists when an attorney engages in wrongful conduct related to the client’s trial.” United States v. Jones, 900 F.2d 512, 519 (2d Cir.), cert. denied, 498 U.S. 846 (1990); see United States v. Arrington, 867 F.2d 122, 125 (2d Cir.), cert. deni…
discussed
Cited "see, e.g."
Badillo v. American Brands, Inc.
Co., 534 N.W.2d 204 (Mich. Ct. App. 1995); Burns v. Jaquays Mining Corp., 752 P.2d 28 (Ariz. Ct. App. 1987); Ayers v. Township of Jackson, 525 A.2d 287 (N.J. 1987); see also Elam v. Alcolac, Inc., 765 S.W.2d 42 (Mo. Ct. App. 1988) (dictum), cert. denied, 493 U.S. 817 (1989).
discussed
Cited "see, e.g."
Badillo v. American Brands, Inc.
Co., 210 Mich.App. 491 , 534 N.W.2d 204 (1995); Burns v. Jaquays Mining Corp., 156 Ariz. 375 , 752 P.2d 28 (Ct.App.1987); Ayers v. Township of Jackson, 106 N.J. 557 , 525 A.2d 287 (1987); see also Elam v. Alcolac, Inc., 765 S.W.2d 42 (Mo.Ct.App.1988), cert. denied, 493 U.S. 817 , 110 S.Ct. 69 , 107 L.Ed.2d 36 (1989) (dictum). [2] See, e.g., Carey v. Kerr-McGee Chem.
discussed
Cited "see, e.g."
United States v. Abbell
See also, United States v. Arrington, 867 F.2d 122, 125 (2d Cir.) (upholding disqualification of defense attorney called to testify about scheme to obstruct justice in which he was involved), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989); Draganescu v. First National Bank of Hollywood, 502 F.2d 550 (5th Cir.1974) (interpreting an earlier version of the Code of Professional Responsibility of the Florida Supreme Court, finding that disqualification of attorney did not cause a substantial hardship even though attorney could speak to clients in their own language, Romanian, and…
discussed
Cited "see, e.g."
Robert L. Barrett Barrett Cattle, Inc. B & R Farms Johnny Slover Johnny Slover Cattle, Inc. v. Gerald Tallon, Individually the Bank of Johnston County Ray Fox, Individually, and Doing Business as R.R.R. Cattle Company Alvin Bradshaw, Individually, and Doing Business as R.R.R. Cattle Company, Robert L. Barrett Barrett Cattle, Inc. B & R Farms Johnny Slover Johnny Slover Cattle, Inc. v. The Bank of Johnston County, and Gerald Tallon, Individually Ray Fox, Individually, and Doing Business as R.R.R. Cattle Company Alvin Bradshaw, Individually, and Doing Business as R.R.R. Cattle Company
See, e.g., Silver v. Slusher, 770 P.2d 878 , 881 n. 8 (Okla.1988), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989); Sears, Roebuck & Co. v. Meadows, 877 S.W.2d 281, 282-83 (Tex.1994) (per curiam).
discussed
Cited "see, e.g."
Barrett v. Tallon
See, e.g., Silver v. Slusher, 770 P.2d 878 , 881 n. 8 (Okla.1988), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989); Sears, Roebuck & Co. v. Meadows, 877 S.W.2d 281, 282-83 (Tex.1994) (per curiam).
discussed
Cited "see, e.g."
United States v. Isaacson
Stewart v. Kelly, 870 F.2d 854, 856-58 (2d Cir.1989); see also United States v. Arrington, 867 F.2d 122, 128-29 (2d Cir.) (affirming district court’s disqualification of defendant’s attorney despite defendant’s consent to representation), cer t. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989).
cited
Cited "see, e.g."
Austin v. Cockings
See also Silver v. Slusher, 770 P.2d 878, 881 (Okla.1988), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989).
discussed
Cited "see, e.g."
United States v. Millan
As the Supreme Court has noted, "a defendant's valued right to have his trial completed by a particular tribunal must in some instances be subordinated to the public's interest in fair trials designed to end in just judgments." Wade v. Hunter, 336 U.S. 684, 689 , 69 S.Ct. 834, 837 , 93 L.Ed. 974 (1949). 31 Since a trial judge is best situated to decide intelligently whether "the ends of substantial justice cannot be attained without discontinuing the trial," it is well recognized that "a mistrial may be declared without the defendant's consent and even over his objection, and he may be retried…
discussed
Cited "see, e.g."
United States v. Millan
Since a trial judge is best situated to decide intelligently whether “the ends of substantial justice cannot be attained without discontinuing the trial,” it is well recognized that “a mistrial may be declared without the defendant’s consent and even over his objection, and he may be retried consistently with the Fifth Amendment.” Gori v. United States, 367 U.S. 364, 368 , 81 S.Ct. 1523, 1526 , 6 L.Ed.2d 901 (1961); see also United States v. Arrington, 867 F.2d 122, 125 (2d Cir.), cert. denied, 493 U.S. 817 , 110 S.Ct. 70 , 107 L.Ed.2d 37 (1989).
discussed
Cited "see, e.g."
Stychno v. Ohio Edison Co.
See e.g., Borden v. Affiliated FM Insurance Co., 682 F.Supp. 927, 928-929 (S.D.Ohio 1987) (Graham, J.), aff'd, 865 F.2d 1267 (6th Cir.1989), ce rt. denied, 493 U.S. 817 , 110 S.Ct. 68 , 107 L.Ed.2d 35 (1989).
Retrieving the full opinion text from the archive…
Hudson
v.
National Railroad Passenger Corporation
v.
National Railroad Passenger Corporation
No. 88-1985.
Supreme Court of the United States.
Oct 2, 1989.
493 U.S. 817
Published
C. A. 2d Cir. Certiorari denied.