green
Positive treatment
Quoted verbatim 2×
6.6 score
“if the district court's account of the evidence is plausible in light of the record viewed in its entirety, the court of appeals may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.”
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Mark Steven Verdugo
if the district court's account of the evidence is plausible in light of the record viewed in its entirety, the court of appeals may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.
examined
Cited as authority (quoted)
Hoke v. Thompson
virginia legislature has identified three different types of conduct, any of which would satisfy a finding of vileness. virginia does not require that the jury identify the particular predicate on which it relies
cited
Cited "see"
Minnesota Citizens Concerned For Life, Inc. v. Doug Kelley
See Service Employees Int'l Union v. Fair Political Practices Comm'n, 955 F.2d 1312 (9th Cir.), cert. denied, 505 U.S. 1230 , 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992).
cited
Cited "see"
Minnesota Citizens Concerned for Life, Inc. v. Kelley
See Service Employees Int’l Union v. Fair Political Practices Comm’n, 955 F.2d 1312 (9th Cir.), cert. denied, 505 U.S. 1230 , 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992).
discussed
Cited "see"
Terry v. Cross
See Bunch v. Thompson, 949 F.2d 1354 (4th Cir.1991), cert. denied, 505 *551 U.S. 1230, 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992).- Precisely this occurred here: Although the Supreme Court of Virginia’s decision does not disclose the basis, a “look through” to the trial court’s disposition of the matter discloses that claims (2), (3) and (4) were dismissed on Slayton grounds.
discussed
Cited "see"
Suster v. Marshall
See Service Employees Int’l Union v. Fair Political Practices Comm’n, 955 F.2d 1312, 1315 (9th Cir.1992), cert. denied, 505 U.S. 1230 , 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992); Shrink Missouri Gov’t Political Action Comm. v. Maupin, 71 F.3d 1422, 1427-28 (8th Cir.1995), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2579 , 135 L.Ed.2d 1094 (1996).
discussed
Cited "see"
Suster v. Marshall
See Service Employees Int'l Union v. Fair Political Practices Comm'n, 955 F.2d 1312 , 1315 (9th Cir.1992), cert. denied, 505 U.S. 1230 , 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992); Shrink Missouri Gov't Political Action Comm. v. Maupin, 71 F.3d 1422, 1427-28 (8th Cir.1995), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2579 , 135 L.Ed.2d 1094 (1996).
discussed
Cited "see"
Lem Davis Tuggle v. C.E. Thompson, Warden
See Bunch v. Thompson, 949 F.2d 1354 (4th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992), and Briley v. Bass, 750 F.2d 1238 (4th Cir.1984), ce rt. denied, 470 U.S. 1088 , 105 S.Ct. 1855 , 85 L.Ed.2d 152 (1985).
discussed
Cited "see"
Zeller v. the Florida Bar
See Service Employees Int'l Union v. Fair Political Practices Comm’n, 747 F.Supp. 580, 588-90 (E.D.Cal.1990) (striking down California Proposition 73 campaign funding provision which measured contribution limitations on fiscal year basis rather than by election), aff 'd, 955 F.2d 1312 (9th Cir.), cert. denied, 505 U.S. 1230 , 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992).
discussed
Cited "see"
Wagner v. Atme
See Service Employees Int'l Union v. Fair Political Practices Comm'n, 955 F.2d 1312 , 1317 n. 7 (9th Cir.), cert. denied, 112 S.Ct. 3056 (1992) (quoting Anderson v. Bessemer City, 470 U.S. 564, 573-74 (1989)). 7 Wagner also argues that the denial of limitation cannot be based either on a finding that he negligently failed to warn sleeping passengers, because the district court applied the wrong legal standard in assessing the standard of care to which he should be held, or on the doctrine of res ipsa loquitur.
discussed
Cited "see"
William H. Nevins, Sr. v. United States
See Service Employees Int'l Union v. Fair Political Practices, 955 F.2d 1312 , 1317 n. 7 (9th Cir.), cert. denied, 112 S.Ct. 3056 (1992) (if plausible, findings of fact are not clearly erroneous). 4 CONCLUSION 20 For the foregoing reasons, the judgment of the district court is 21 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed
Cited "see"
Paul F. Bracher and Leroy Elzer v. Director, Office of Workers' Compensation Programs, United States Department of Labor
See Stevedoring Svcs. of America, Inc. v. Eggert, 953 F.2d 552 , 556 (9th Cir.), cert. denied — U.S. -, 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992) (section 14(j) “does not provide employer with a right of repayment for alleged overpayment of compensation”); Ceres Gulf v. Cooper, 957 F.2d 1199, 1205 (5th Cir.1992).
discussed
Cited "see"
Metropolitan Stevedore Company v. Wesley Brickner Director, Office of Workers Compensation Programs
See Stevedoring Serv. of Am., Inc. v. Eggert, 953 F.2d 552 , 555-57 (9th Cir.) (when statute provided that overpayments would be deducted from future compensation payments, court would not permit remedy of recoupment), cert. denied, — U.S. -, 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992).
cited
Cited "see"
Michael R. Jones v. United Parcel Service, Inc., a Foreign Corporation
See Service Employees Int'l Union v. Fair Political Practices Com'n, 955 F.2d 1312 , 1317 n. 7 (9th Cir.), cert. denied, 112 S.Ct. 3056 & 3057 (1992) (scope of review on appeal).
discussed
Cited "see, e.g."
Baker v. Mereshian (In Re Mereshian)
Under the clearly erroneous standard, the reviewing court may not reverse the district court’s findings “simply because it is convinced that it would have decided the case differently.” Anderson v. Bessemer City, 470 U.S. 564, 573 , 105 S.Ct. 1504, 1511 , 84 L.Ed.2d 518 (1985); see also Service Employees Int’l Union v. Fair Political Practices Comm’n, 955 F.2d 1312 , 1317 n. 7 (9th Cir.), cert, denied, 505 U.S. 1230 , 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992).
discussed
Cited "see, e.g."
Granite State Insurance Company v. Smart Modular Technologies, Inc.
Under the clearly erroneous standard, the reviewing court may not reverse the district court’s findings “simply because it is convinced that it would have decided the case differently.” Anderson v. Bessemer City, 470 U.S. 564, 573 , 105 S.Ct. 1504, 1511 , 84 L.Ed.2d 518 (1985); see also Service Employees Int’l Union v. Fair Political Practices Comm’n, 955 F.2d 1312 , 1317 n. 7 (9th Cir.), cert. denied, 505 U.S. 1230 , 112 S.Ct. 3056 , 3057, 120 L.Ed.2d 922 (1992).
cited
Cited "see, e.g."
Jones v. Welborn
See also Bunch v. Thompson, 949 F.2d 1354 (4th Cir.1991), cert. denied, — U.S. —, 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992).
discussed
Cited "see, e.g."
Rainier National Bank v. Mark Hartstein, and Lady's Legs
"If the district court's account of the evidence is plausible in light of the record viewed in its entirety, the court of appeals may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently." Id. at 573-74 ; see also Service Employees Int'l Union v. Fair Political Practices, 955 F.2d 1312 , 1317, n. 7 (9th Cir.), cert. denied, 112 S.Ct. 3056 (1992). 38 Hartstein argues there was no competent evidence presented to establish several propositions, including: "Appellant [Hartstein] knew of the terms of the Lady's Legs Merch…
discussed
Cited "see, e.g."
United States v. Felipe Gutierrez
See United States v. Wilson, 639 F.2d 500 , 503 n. 2 (9th Cir.1981) (selective prosecution is essentially a factual inquiry); see also Services Employees Int’l. v. Fair Political Practices Comm’n., 955 F.2d 1312 , 1317 n. 7 (9th Cir.), cert. denied, — U.S.-, 112 S.Ct. 3056 , 120 L.Ed.2d 922 (1992) (whether a law discriminates is a factual question); United States v. McConney, 728 F.2d 1195, 1203 (9th Cir.) (en banc), cert. denied, 469 U.S. 824 , 105 S.Ct. 101 , 83 L.Ed.2d 46 (1984) (state of mind is essentially a factual inquiry).
Retrieving the full opinion text from the archive…
Bunch
v.
Thompson, Warden
v.
Thompson, Warden
No. 91-1757.
Supreme Court of the United States.
Jun 29, 1992.
Published
Citer courts: Ninth Circuit (1) · E.D. Virginia (1)
C. A. 4th Cir. Motion of petitioner for leave to proceed further herein informa pauperis granted. Certiorari denied.