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Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 32 distinct citers.
discussed
Cited as authority (quoted)
Morin v. Trupin
expanding the scope of rico beyond congressional intent is judicial legislation violative of the separation of powers doctrine established in the united states constitution.
discussed
Cited as authority (quoted)
Slagle v. United States Ex Rel. Baldwin
the question is whether an agency 'considered' environmental effects, not the correctness of the decision.
discussed
Cited "see"
Martinez v. Cornell Corrections of Texas
See Bordanaro v. McLeod, 871 F.2d 1151, 1166-67 (1st Cir.1989), cert. denied, 493 U.S. 820 , 110 S.Ct. 75 , 107 L.Ed.2d 42 (1989); Grandstaff v. City of Borger, Tex., 767 F.2d 161, 171 (5th Cir. 1985), cert. denied, 480 U.S. 916 , 107 S.Ct. 1369 , 94 L.Ed.2d 686 (1987).
discussed
Cited "see"
State v. Bradshaw
Accord Hutchings, 950 P.2d at 430 ("`A [RICO] violation occurs not when the defendant engages in the predicate acts, but only when he uses or invests the proceeds of that activity in an enterprise.'") (citation omitted). ¶ 31 Similarly, in Grider v. Texas Oil & Gas Corp., 868 F.2d 1147 (10th Cir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 43 (1989), the court stated: "Significantly, the [RICO] statute does not state that it is unlawful to receive racketeering income; rather, as the ... language underscores, the statute prohibits a person who has received such income from using …
discussed
Cited "see"
Flamingo Hilton-Laughlin v. National Labor Relations Board
(2×)
See Kessel Food Mkts., Inc. v. NLRB, 868 F.2d 881 , 887-88 (6th Cir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 43 (1989); NLRB v. Sanford Home for Adults, 669 F.2d 35 , 37 (2d Cir.1981); cf. Blinder, Robinson & Co. v. SEC., 837 F.2d 1099, 1104-07 (D.C.Cir.1988) (SEC's authority to seek injunction in district court and to later impose administrative penalty does not violate due process), cert. denied, 488 U.S. 869 , 109 S.Ct. 177 , 102 L.Ed.2d 146 (1988).
discussed
Cited "see"
Trifid Corp. v. National Imagery and Mapping Agency
Camp v. Pitts, 411 U.S. at 142 , 93 S.Ct. 1241 ; see Missouri Coalition *1097 for the Environment v. Corps of Engineers of United States Army, 866 F.2d 1025, 1031 (8th Cir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 42 (1989).
cited
Cited "see"
Newton County Wildlife Association v. George Rogers Arkansas Forestry Association, Intervenors-Appellees
See Missouri Coalition for the Env’t v. Corps of Engineers, 866 F.2d 1025 , 1031 (8th Cir.) (standard of review), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 42 (1989).
cited
Cited "see"
Newton Cty. Wildlife v. George Rogers
See Missouri Coalition for the Env’t v. Corps of Engineers, 866 F.2d 1025 , 1031 (8th Cir.) (standard of review), cert. denied, 493 U.S. 820 (1989).
discussed
Cited "see"
Asseo v. Bultman Enterprises, Inc.
See Kessel Food Markets, Inc., 287 NLRB 426 , 429, 1987 WL 90101 (1987) (When a potential successor states its intention to operate “nonunion” before it completes its hiring process, it is an indicia of a discriminatory hiring motive.), enforced by 868 F.2d 881 (6th Cir.1989), ce rt. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 43 (1989).
discussed
Cited "see"
Commander Properties Corp. v. Beech Aircraft Corp.
See Grider v. Texas Oil & Gas Corp., 868 F.2d 1147 , 1149 (10th Cir.) cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 43 (1989) (disapproving our decision in Smith v. MCI Telecommunications Corp., 678 F.Supp. 823 (D.Kan. 1987), on which we relied in holding that Commander had stated a § 1962(a) claim). .
cited
Cited "see"
Stauber v. Shalala
See Missouri Coalition for the Environment v. Corps of Engineers of United States Army, 866 F.2d 1025, 1031-32 (8th Cir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 42 (1989).
discussed
Cited "see"
McGrath v. MacDonald
Rather, in order to establish municipal liability, “a plaintiff must show that a policy or custom of the city led to the constitutional deprivation alleged.” Santiago v. Fenton, 891 F.2d 373, 381 (1st Cir.1989) (liability under section 1983 requires demonstration of municipal policy or custom) (citations omitted); see Bordanaro v. McLeod, 871 F.2d 1151, 1158-59 (1st Cir.1989), cert. denied, 493 U.S. 820 , 110 S.Ct. 75 , 107 L.Ed.2d 42 (1989) (discussing municipal liability based on unconstitutional custom and failure to train); see generally City of Canton v. Harris, 489 U.S. 378, 388 , 10…
discussed
Cited "see"
Febus-Rodriguez v. Betancourt-Lebron
Gutiérrez-Rodríguez, 882 F.2d at 562 ; see Bordanaro v. McLeod, 871 F.2d 1151, 1163 (1st Cir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 75 , 107 L.Ed.2d 42 (1989). 4 An official displays such reckless or callous indifference when it would be manifest to any reasonable official that his conduct was very likely to violate an individual’s constitutional rights.
discussed
Cited "see"
Rodriguez v. Lebron
Thus, this appeal does not ______ affect plaintiffs' claims against Oquendo in his official capacity, although that claim, in essence, is simply a claim against the Municipality of Cayey. -8- 8 F.2d at 562; see Bordanaro v. McLeod, 871 F.2d 1151, 1163 (1st ___ _________ ______ Cir.), cert. denied, 493 U.S. 820 (1989).4 _____ ______ An official displays such reckless or callous indifference when it would be manifest to any reasonable official that his conduct was very likely to violate an individual's constitutional rights.
discussed
Cited "see"
Delaney v. Merchants River Transportation
See, Employers Ins. of Wausau v. Suwannee River Spa Lines, Inc., 866 F.2d 752, 760 (5th Cir.) cert. denied, 493 U.S. 820 , 110 S.Ct. 77 , 107 L.Ed.2d 43 (1989); affirmed after remand, 978 F.2d 1422 (5th Cir.1992); petition for cert. filed May 11, 1993.
cited
Cited "see"
ca5 1993
See Employers Ins. of Wausau v. Suwannee River Spa Lines, Inc., 866 F.2d 752, 755 (5th Cir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 77 , 107 L.Ed.2d 43 (1989). 13 D.
discussed
Cited "see"
Nugget Hydroelectric, L.P. v. Pacific Gas and Electric Company
See Ouaknine v. MacFarlane, 897 F.2d 75, 83 (2d Cir.1990) (Ouaknine)] Rose v. Bartle, 871 F.2d 331, 356-58 (3d Cir.1989) (Rose)] Grider v. Texas Oil & Gas Corp., 868 F.2d 1147, 1149-51 (10th Cir.) (Grider), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 43 (1989); but see Busby v. Crown Supply, Inc., 896 F.2d 833, 837-38 (4th Cir.1990).
cited
Cited "see"
Brenda Kay West v. Truman Medical Center West, Inc., Missouri Hospitality Management, Inc., Doing Business as the Kansas City Marriott Plaza Hotel
See Farnsworth v. City of Kansas City, Mo., 863 F.2d 33, 34 (8th Cir. 1988) (per curiam), cert. denied, 493 U.S. 820 (1989).
cited
Cited "see"
Harry Ulrich, Jr. v. The Goodyear Tire and Rubber Company
See Sewell v. Jefferson County Fiscal Court, 863 F.2d 461 (6th Cir.1988), cert. denied, 493 U.S. 820 (1989). 13 Therefore, the decision of District Judge Sam H.
discussed
Cited "see"
Curran v. City of Boston
See Bordanaro v. McLeod, 871 F.2d 1151, 1158-9 (1st Cir.1989), cert. denied, 493 U.S. 820 , 110 S.Ct. 75 , 107 L.Ed.2d 42 (1989), (discussing municipal liability under Section 1983); see also generally City of Canton v. Harris, 489 U.S. 378 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989) (municipality may be held liable only where failure to train amounts to deliberate indifference).
cited
Cited "see"
Michael J. Foley v. City of Lowell, Massachusetts, Michael J. Foley v. City of Lowell, Massachusetts
See Bordanaro v. McLeod, 871 F.2d 1151, 1156 (1st Cir.) (collecting relevant Supreme Court cases), cert. denied, 493 U.S. 820 , 110 S.Ct. 75 , 107 L.Ed.2d 42 (1989).
discussed
Cited "see, e.g."
Fenske Media Corp. v. Banta Corp.
See, e.g., Grider v. Texas Oil & Gas Corp., 868 F.2d 1147, 1148 (10thCir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 43 (1989) ("beyond doubt” that non-movant "can prove no set of facts’’).
cited
Cited "see, e.g."
AGIP Petroleum Co. v. Gulf Island Fabrication, Inc.
Id. at 876, 106 S.Ct. at 2304; see also Employers Ins. of Wausau v. Suwannee River Spa Lines, Inc., 866 F.2d 752, 767 (5th Cir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 77 , 107 L.Ed.2d 43 (1989).
discussed
Cited "see, e.g."
Curtis Sullivan v. Curt Malone Debby
Resources Co. v. Elton Leather Corp., 958 F.2d 204 , 206 (8th Cir.1992) (per curiam) (standard of review for dismissal); see also Farnsworth v. City of Kansas City, 863 F.2d 33, 34 (8th Cir.1988) (per curiam) ("pro se litigants are not excused from complying with court orders"), cert. denied, 493 U.S. 820 (1989). 4 We also conclude that the district court properly required Sullivan to bear the attorneys' fees and cost associated with the aborted deposition, see Fed.R.Civ.P. 37(b)(2), and we see no impropriety in the filing restriction tied to that sanction, see Foster v. Eberle, 978 F.2d 1014,…
discussed
Cited "see, e.g."
Hegarty v. Wright
See, e.g., Santiago v. Fenton, 891 F.2d 373, 382 (1st ___ ____ ________ ______ 34 34 Cir. 1989) (decision not to discipline or fault subordinates' conduct, following investigation, is insufficient, standing alone, to demonstrate supervisor's "deliberate indifference"); see also Fraire, 957 F.2d at 1278-79 . ___ ____ ______ Even though the district court ruled that Havey's subsequent conduct did not amount to deliberate indifference, it expressed serious reservations concerning some of his conduct, see Bordanaro v. McLeod, 871 F.2d 1151, 1166-67 (1st Cir.), cert. ___ _________ ______ _____ deni…
discussed
Cited "see, e.g."
Chamblin v. Northwood, NH, et al
Although a municipality can face liability under section 1983 for inadequate training of its employees, such liability will accrue "only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact." Canton v. Harris, 489 U.S. 378, 388 (1989) (footnote omitted); see also Bordanaro v. McLeod, 871 F.2d 1151, 1158-63 (1st Cir.), cert, denied sub nom., Everett v. Bordanaro, 493 U.S. 820 (1989); Santiago v. Fenton, 891 F.2d 373, 381 (1st Cir. 1989).
discussed
Cited "see, e.g."
Mathon v. Marine Midland Bank, N.A.
See e.g., Grider v. Texas Oil & Gas Corp., 868 F.2d 1147, 1150 (10th Cir.), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 43 (1989) (RICO § 1962(a) should not be expanded beyond the terms of its own language); United States v. Anderson, 626 F.2d 1358 , 1365 n. 11 (8th Cir.1980), cert. denied, 450 U.S. 912 , 101 S.Ct. 1351 , 67 L.Ed.2d 336 (1981) (expansion of RICO beyond what Congress intended is judicial legislation).
discussed
Cited "see, e.g."
Jack Southward v. South Central Ready Mix Supply Corporation
Fullerton Transfer, 910 F.2d at 336 n. 6.; see also Kessel Food Mkts., Inc. v. NLRB, 868 F.2d 881 , 889 (6th Cir.) (since union did not show substantial continuity, NLRB “properly refused to impose successor status and the resulting bargaining obligation on [second employer]”), cert. denied, 493 U.S. 820 , 110 S.Ct. 76 , 107 L.Ed.2d 43 (1989); Landmark Int’l Trucks, Inc. v. NLRB, 699 F.2d 815, 818 (6th Cir.1983) (“successor employer ... had a duty to recognize and bargain with [union], though it was not bound by the terms of the collective bargaining agreement between [predecessor and …
discussed
Cited "see, e.g."
Lightning Lube, Inc. v. Witco Corp.
This allegation is required because section 1962(a) “is directed specifically at the use or investment of racketeering income, and requires that a plaintiffs injury be caused by the use or investment of income in the enterprise.” Brittingham, 943 F.2d at 303 (emphasis added); see also Grider v. Texas Oil & Gas Corp., 868 F.2d 1147, 1149 (10th Cir.1989) (recognizing that section 1962(a) “does not state that it is unlawful to receive racketeering income ... [rather] the statute prohibits a person who has received such income from using or investing it in the proscribed manner” (emphasis …
discussed
Cited "see, e.g."
ca3 1993
This allegation is required because section 1962(a) "is directed specifically at the use or investment of racketeering income, and requires that a plaintiff's injury be caused by the use or investment of income in the enterprise." Brittingham, 943 F.2d at 303 (emphasis added); see also Grider v. Texas Oil & Gas Corp., 868 F.2d 1147, 1149 (10th Cir.1989) (recognizing that section 1962(a) "does not state that it is unlawful to receive racketeering income ... [rather] the statute prohibits a person who has received such income from using or investing it in the proscribed manner" (emphasis in orig…
discussed
Cited "see, e.g."
Cannon v. City and County of Denver
Watson v. City of Kansas City, 857 F.2d 690, 696 (10th Cir.1988) (showing by police arrest statistics and other evidence sufficient, as to alleged unconstitutional municipal policy or custom, to avoid summary judgment); see also Bordanaro v. McLeod, 871 F.2d 1151, 1155-58 (1st Cir.) (evidence of long-standing, widespread practice of police breaking down doors without a warrant when arresting a felon sufficient to support jury findings for plaintiffs of existence of unconstitutional custom, attribution of it to the municipality, and its causal link to plaintiffs' injuries on § 1983 claim), cer…
discussed
Cited "see, e.g."
Cannon v. City & County of Denver
Watson v. City of Kansas City, 857 F.2d 690, 696 (10th Cir.1988) (showing by police arrest statistics and other evidence sufficient, as to alleged unconstitutional municipal policy or custom, to avoid summary judgment); see also Bordanaro v. McLeod, 871 F.2d 1151, 1155-58 (1st Cir.) (evidence of long-standing, widespread practice of police breaking down doors without a warrant when arresting a felon sufficient to support jury findings for plaintiffs of existence of unconstitutional custom, attribution of it to the municipality, and its causal link to plaintiffs’ injuries on § 1983 claim), c…
City of Everett, Massachusetts
v.
Bordanaro
v.
Bordanaro
No. 88-2036.
Supreme Court of the United States.
Oct 2, 1989.
493 U.S. 820
Cited by 3 opinions | Published
Citer courts: D. Minnesota (1) · S.D. New York (1)
C. A. 1st Cir. Certiorari denied.