green
Positive treatment
Quoted verbatim 2×
7.4 score
“this court is not obligated to research and construct legal arguments open to parties, especially when they are represented by counsel as in this case.”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 23 distinct citers.
How cited ↗
discussed
Cited "but see"
In Re Commercial Financial Services, Inc.
But see United States v. Shyres, 898 F.2d 647 (8th Cir.), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990)(corpo-ration’s disclosure of internal investigation report to grand jury did not waive attorney-client privilege).
discussed
Cited as authority (quoted)
John Doe v. Rausch
this court is not obligated to research and construct legal arguments open to parties, especially when they are represented by counsel as in this case.
discussed
Cited as authority (quoted)
State v. Wiles
response to a jury request for supplemental instructions is a matter within the sound discretion of the
discussed
Cited "see"
United States v. Walter Ewing
See United States v. Shyres, 898 F.2d 647, 656-57 (8th Cir.) (treating a ruling made by the district court under the Jencks Act, the substance of which is incorporated into Rule 26.2, as an evidentiary ruling and reviewing for an abuse of discretion), ce rt. denied 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990); Fed.R.Crim.P. 52(a) (harmless error).
cited
Cited "see"
Fields v. Roswarski
See John v. Barron, 897 F.2d 1387, 1392 (7th Cir.1990), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990) (test is whether the acts are those normally performed by a judge).
cited
Cited "see"
Hansborough v. Reickhoff
See John v. Barron, 897 F.2d 1387, 1392 (7th Cir.1990), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990) (test is whether the acts are those normally performed by a judge).
discussed
Cited "see"
Heim v. United States
See Banks v. Garrett, 901 F.2d 1084, 1087 (Fed.Cir.1990) (concluding that under 37 U.S.C. §§ 204 and 206, plaintiff was not entitled to back pay because he had not participated in active duty activities following his transfer into a non-pay billet), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
cited
Cited "see"
United States v. James Michael Dugan, United States of America v. Larry Leonard Thompson
See United States v. Shyres, 898 F.2d 647, 653-54 (8th Cir.1990), cert. denied, *868 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
discussed
Cited "see"
Thornton v. General Motors Corp.
See John v. Barron, 897 F.2d 1387, 1390 (7th Cir.)(addressing portion of Rule 11 finding as to monetary sanction but ruling that court had no jurisdiction over award of attorney’s fees in which amount not fixed), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990); see also Resolution Trust Corp. v. Bright, 6 F.3d 336 , 340 n. 5 (5th Cir.1993)(addressing number of Rule 11 sanctions although order contained one sanction over which the court did not have jurisdiction and apparently was not appealed by the parties).
cited
Cited "see"
United States v. Arthur A. Blumeyer, Iii, United States of America v. John W. Peckham, Jr.
See United States v. Shyres, 898 F.2d 647, 656 (8th Cir.), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
cited
Cited "see"
Sanford v. United States
See Banks v. Garrett, 901 F.2d 1084, 1087 (Fed.Cir.), cert, denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990); Heim v. United States, 22 Cl.Ct. 341, 344 , affd, 949 F.2d 403 (Fed.Cir.1991).
discussed
Cited "see"
United States v. Barry Garfinkel, United States of America v. Barry Garfinkel
See United States v. Shyres, 898 F.2d 647 , 651 n. 3 (8th Cir.) (section 1346 does not apply to a mail fraud scheme that came to fruition prior to November 1988), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
cited
Cited "see"
Laningham v. United States
See Banks, 901 F.2d 1084 , cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
discussed
Cited "see"
United States v. John R. Mason
See John v. Barron, 897 F.2d 1387, 1393 (7th Cir.) (“Rule 28(a)(4) plainly requires more than a one page argument unsupported by any authority.”), cert. denied, — U.S. -, 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
cited
Cited "see"
United States v. Charles L. Bussey, Jr.
See United States v. Shyres, 898 F.2d 647, 656 (8th Cir.), cert. denied, — U.S. -, 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
discussed
Cited "see, e.g."
Fenje v. Feld
Compare Hannon v. Turnage, 892 F.2d 653, 659 (7th Cir.), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990) (no property interest came into being because, under applicable federal statute, Veteran Administration’s appointment of an unlicensed physician was void ab initio).
discussed
Cited "see, e.g."
McDonnell Douglas Corp. v. USEEOC
See also United States v. Shyres, 898 F.2d 647, 657 (8th Cir.), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990) (privilege not waived by production of documents to grand jury); In re Grand Jury Subpoena, 478 F.Supp. 368, 371 (E.D.Wis.1979) (privilege not waived by submission of documents to SEC).
discussed
Cited "see, e.g."
City of Idaho Falls v. Beco Const. Co., Inc.
(2×)
See, e.g., U.S. v. Shyres, 898 F.2d 647 , 657 n. 5 (8th Cir.1990) ("[w]e doubt that the document constituted a summary, inasmuch as [the co-conspirator] prepared it in furtherance of the conspiracy, not in preparation for trial" (emphasis supplied)), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
discussed
Cited "see, e.g."
Paul J. McArdle v. Michael J. Tronetti and Steven Reilly
See, e.g., John v. Barron, 897 F.2d 1387, 1392 (7th Cir.), cert. denied, — U.S. -, 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990); Moses v. Parwatikar, 813 F.2d 891 (8th Cir.), cert. denied, 484 U.S. 832 , 108 S.Ct. 108 , 98 L.Ed.2d 67 (1987); Ashelman v. Pope, 793 F.2d 1072 , *1086 1077-1078 (9th Cir.1986); Dykes v. Hosemann, 776 F.2d 942, 946 (11th Cir.1985); Holloway v. Walker, 765 F.2d 517, 522 (5th Cir.), cert. denied, 474 U.S. 1037 , 106 S.Ct. 605 , 88 L.Ed.2d 583 (1985). .Otherwise, judges, prosecutors, witnesses and others “on mere allegations of conspiracy or prior agreement, could be haule…
discussed
Cited "see, e.g."
Susanne Littlefield v. Malcolm McGuffey Susanne Littlefield v. Wally MacK Santa Maria Realty and Malcolm McGuffey
We recently explained that a “litigant who fails to press a point by supporting it with pertinent authority, or by showing why it is sound despite a lack of supporting authority, forfeits the point.” Pelfresne v. Village of Williams Bay, 917 F.2d 1017, 1023 (7th Cir.); see also John v. Barron, 897 F.2d 1387, 1392-94 (7th Cir.1990), ce rt. denied, — U.S. —, 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
cited
Cited "see, e.g."
Hansen v. Bennett
See, e.g., Hannon v. Turnage, 892 F.2d 653, 654 (7th Cir.), cert. denied, — U.S. -, 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990). 1.
cited
Cited "see, e.g."
Hansen v. Bennett
See, e.g., Hannon v. Turnage, 892 F.2d 653, 654 (7th Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990). 1.
discussed
Cited "see, e.g."
Heim v. United States
While active duty officers are paid because of their status as such (see 37 U.S.C. § 204 ), “[u]nder the Reservists Pay Mandating Statute, a reservist is not entitled to compensation at the prescribed rate unless he is ordered to perform and actually performs the work.” Ayala v. United States, 16 Cl.Ct. 1, 4 (1988) (citing United States v. Wickersham, 201 U.S. 390 , 26 S.Ct. 469 , 50 L.Ed. 798 (1906)); see also Banks v. Garrett, 901 F.2d 1084, 1087 (Fed.Cir.) cert. denied, — U.S. -, 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990).
Retrieving the full opinion text from the archive…
Banks
v.
Garrett, Secretary of the Navy
v.
Garrett, Secretary of the Navy
No. 89-1966.
Supreme Court of the United States.
Oct 1, 1990.
Published
Citer courts: Missouri Court of Appeals (1) · E.D. Tennessee (1)
C. A. Fed. Cir. Certiorari denied.