green
Positive treatment
Quoted verbatim 1×
6.7 score
G Cite
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Save Our Cumberland Mountains v. Norton
agency decisions are set aside only if they are 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
discussed
Cited "see"
Executive Court Reporters, Inc. v. United States
(2×)
Dawco, 930 F.2d at 878 ; see Essex Electro Eng’rs, Inc. v. United, States, 960 F.2d 1576, 1580-81 (Fed.Cir.), cert. denied, — U.S.—, 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (holding valid claim under CDA requires sum certain); Mingus Constructors, Inc. v. United States, 812 F.2d 1387,1395 (Fed.Cir.1987) (same); Contract Cleaning, 811 F.2d at 592-93 (same); Tecom, 732 F.2d at 936-37 (same).
discussed
Cited "see"
Munitions Carriers Conference, Inc. v. United States
(2×)
See Essex Electro Engineers, Inc. v. United States, 960 F.2d 1576 (Fed.Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (holding that Federal Acquisition Regulations inter *337 preting the Contracts Dispute Act were exempt from § 553). 1 In one ease, the D.C.
examined
Cited "see"
Reflectone, Inc. v. John H. Dalton, Secretary of the Navy
(4×)
See Essex Electro Eng'rs, Inc. v. United States, 960 F.2d 1576, 1580-81 (Fed.Cir.) ("[T]he dictionary definition of 'claim' supports the reasonableness of the requirement that the money be sought as a matter of right."), cert. denied, --- U.S. ----, 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992).
discussed
Cited "see"
Simmons v. Simmons
(2×)
See In the matter of CGF, 168 Wis.2d 62 , 483 N.W.2d 803 (1992), cert. denied, — U.S.-, 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992); Puleo v. Forgue, 610 A.2d 124 (R.I.1992); In re Groleau, 585 N.E.2d 726 (Ind.App. 3 Dist.1992); In Interest of R.C.E., 535 So.2d 673 (Fla.App.1988); Santaniello v. Santaniello, 18 Kan.App.2d 112 , 850 P.2d 269 (1992).
discussed
Cited "see"
Detroit International Bridge Co. v. United States
(2×)
The caselaw is clear, however, that, except for very limited circumstances, “a demand for interest alone is not a claim under the CDA” Esprit Corp. v. United States, 6 Cl.Ct. 546, 548 (1984) (citing Nab-Lord Associates v. United States, 682 F.2d 940 , 230 Ct.Cl. 694, 699 (1982)), aff'd, 776 F.2d 1062 (Fed.Cir. 1985) (table); accord Essex Electro Engineers, Inc. v. United States, 22 Cl.Ct. 757, 766 (1991), aff'd, 960 F.2d 1576 (Fed.Cir.), cert, denied, — U.S.-, 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992).
discussed
Cited "see"
Heyl & Patterson, Inc. v. Sean C. O'keefe, Acting Secretary of the Navy
(2×)
See Essex Electro Eng'rs, Inc. v. United States, 960 F.2d 1576, 1580 (Fed.Cir.), cert. denied, — U.S. —, 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992).
discussed
Cited "see, e.g."
In Re: The Prudential Insurance Company Of America Sales Practices Litigation
(2×)
The court's line of reasoning would render any objection meritless, and consequently we reject it. 82 "[I]t is widely recognized that courts without jurisdiction to hear certain claims have the power to release those claims as part of a judgment." Grimes, 17 F.3d at 1563 ; see also Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1287-88 (9th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (noting that the weight of authority holds that a federal court may release claims which are not in the complaint provided they are based on the "same factual predicate").
discussed
Cited "see, e.g."
Krell v. Prudential Insurance
(2×)
The court's line of reasoning would render any objection meritless, and consequently we reject it. . "[I]t is widely recognized that courts without jurisdiction to hear certain claims have the power to release those claims as part of a judgment.” Grimes, 17 F.3d at 1563 ; see also Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1287-88 (9th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (noting that the weight of authority holds that a federal court may release claims which are not in the complaint provided they are based on the "same factual predicate”).
discussed
Cited "see, e.g."
In Re Asbestos Litigation
(2×)
See, e.g., Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1288 (9th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992); Nottingham Partners v. Trans-Lux Corp., 925 F.2d 29, 34 (1st Cir.1991).
discussed
Cited "see, e.g."
Flanagan v. Ahearn (In re Astestos Litigation)
(2×)
See, e.g., Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1288 (9th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992); Nottingham Partners v. Trans-Lux Corp., 925 F.2d 29, 34 (1st Cir. 1991).
discussed
Cited "see, e.g."
The Laguna Greenbelt, Inc. v. United States Department Of Transportation
Id.; see also Communities, Inc. v. Busey, 956 F.2d 619, 625-26 (6th Cir.) (EIS lacking complete remediation plan adequate where sufficient investigation was conducted to identify mitigation alternatives and make reasonable estimate of cost), cert. denied, --- U.S. ----, 113 S.Ct. 408 , 121 L.Ed.2d 332 (1992); Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 205-06 (D.C.Cir.) (agency not required to finish mitigation studies or execute mitigation plans before project begins), cert. denied, --- U.S. ----, 112 S.Ct. 616 , 116 L.Ed.2d 638 (1991). 45 The EIS contains a reasonably complete …
discussed
Cited "see, e.g."
Laguna Greenbelt, Inc. v. United States Department of Transportation
Id.; see also Communities, Inc. v. Busey, 956 F.2d 619, 625-26 (6th Cir.) (EIS lacking complete remediation plan adequate where sufficient investigation was conducted to identify mitigation alternatives and make reasonable estimate of cost), cert. denied, — U.S. -, 113 S.Ct. 408 , 121 L.Ed.2d 332 (1992); Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 205-06 (D.C.Cir.) (agency not required to finish mitigation studies or execute mitigation plans before project begins), cert. denied, — U.S. -, 112 S.Ct. 616 , 116 L.Ed.2d 638 (1991).
discussed
Cited "see, e.g."
C.L. Grimes v. Vitalink Communications Corporation
(2×)
See, e.g., Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1287-88 (9th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (a federal court may release not only claims alleged in the complaint, but also state claims arising from the same nucleus of operative facts over which the court would not have jurisdictional competency); TBK Partners Ltd. v. Western Union Corp., 675 F.2d 456, 460 (2d Cir.1982) (same); In re Corrugated Container Antitrust Litig., 643 F.2d 195, 221-22 (5th Cir.1981), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982) (same).
discussed
Cited "see, e.g."
Grimes v. Vitalink Communications Corp.
(2×)
See, e.g., Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1287-88 (9th Cir.), cert. denied, — U.S. -, 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (a federal court may release not only claims alleged in the complaint, but also state claims arising from the same nucleus of operative facts over which the court would not have jurisdictional competency); TBK Partners Ltd. v. Western Union Corp., 675 F.2d 456, 460 (2d Cir.1982) (same); In re Corrugated Container Antitrust Litig., 643 F.2d 195, 221-22 (5th Cir.1981), ce rt. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982) (same).
discussed
Cited "see, e.g."
In Re the Jnc Companies, and Related Cases, Debtors. David Randall Jenkins the Jnc Companies, an Arizona Corporation v. Lawrence Ollason, in His Individual Capacity Arthur Andersen & Company, a National Accounting Partnership Dean E. Bakke, Individually Fred T. Boice, Individually and in His Official Capacity as Trustee in Bankruptcy Ralph E. Seefeldt, Individually Michael M. Neal, Individually Seefeldt, Sparks & Neal, P.C., an Arizona Professional Corporation Susan G. Boswell, Individually Streich Lang, P.A., a Professional Law Association Admiral Insurance Company, a Delaware Corporation W.R. Berkley Corporation, a Delaware Corporation
Id. at 316-17 ; see also Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1278-79 (9th Cir.) (bondholder and trustee are in privity), cert. denied, 113 S.Ct. 408 (1992). 15 In the present case, the Seefeldt appellees are the attorneys who were appointed by the bankruptcy court to represent Boice.
Retrieving the full opinion text from the archive…
ESSEX ELECTRO ENGINEERS, INC.
v.
UNITED STATES
v.
UNITED STATES
No. 92-263.
Supreme Court of the United States.
Nov 2, 1992.
Published
Citer courts: E.D. Tennessee (1)
Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit.
Denied.