green
Positive treatment
Quoted verbatim 3×
6.2 score
G Cite
cited 2× by 2 distinct cases, last quoted 2008 ·
…affidavits submitted by an agency are 'accorded a presumption of good faith.
⚠ not in text
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 42 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
In Defense of Animals v. National Institutes of Health
affidavits submitted by an agency are 'accorded a presumption of good faith.
discussed
Cited as authority (quoted)
Hodes v. US DEPT. OF HUD
affidavits submitted by an agency are accorded a presumption of good faith.
discussed
Cited as authority (quoted)
Hodes v. U.S. Department of Housing & Urban Development
affidavits submitted by an agency are 'accorded a presumption of good faith.
discussed
Cited "see"
Republic Of Panama v. Bcci Holdings (Luxembourg) S.A.
See IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1055-57 (2d Cir.1993) (comparing jurisdictional standards under 12(b)(1) and 12(b)(2) with 12(b)(6) standards), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994). 15 When a jurisdictional motion to dismiss depends, as in this case, on the assertion of a right created by a federal statute, the court should dismiss for lack of jurisdiction only if "the right claimed is 'so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise devoid of merit as not to involve a federal controversy.' " Id. at 10…
discussed
Cited "see"
Republic of Panama v. BCCI Holdings (Luxembourg) S.A.
See IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1055-57 (2d Cir.1993) (comparing jurisdictional standards under 12(b)(1) and 12(b)(2) with 12(b)(6) standards), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
cited
Cited "see"
H & P RESEARCH, INC. v. Liza Realty Corp.
See IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir.1993), cert. denied, -U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994); Torres v. CBS News, 879 F.Supp. 309, 311-12 (S.D.N.Y.1995).
discussed
Cited "see"
Herman Benjamin Ferguson v. Federal Bureau of Investigation
See Carney v. Department of Justice, 19 F.3d 807, 812 (2d Cir.) (“Affidavits or declarations supplying facts indicating that the agency has conducted a thorough search and giving reasonably detailed explanations why any withheld documents fall within [a FOIA] exemption” suffice to meet the government’s burden, and, absent a showing of bad faith on the government’s part, a district court .may award summary judgment based on such affidavits or declarations (footnote omitted)), cert. denied, - U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see"
Nowak v. Ironworkers Local 6 Pension Fund
This approach preserves the exception set forth in The Fair and Bell v. Hood, permitting the court to dismiss for lack of subject matter jurisdiction--even if a federal claim is asserted on the face of the complaint--where the federal question "is so plainly insubstantial as to be devoid of any merits and thus [does] not present[ ] any issue worthy of adjudication." Giulini v. Blessing, 654 F.2d 189, 192 (2d Cir.1981); see IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1056 (2d Cir.1993) ("The question ... is whether the federal ... claim was so insubstantial, implausible, or otherwise com…
discussed
Cited "see"
Nowak v. Ironworkers Local 6 Pension Fund
This approach preserves the exception set forth in The Fair and Bell v. Hood, permitting the court to dismiss for lack of subject matter jurisdiction — even if a federal claim is asserted on the face of the complaint — where the federal question “is so plainly insubstantial as to be devoid of any merits and thus [does] not present[] any issue worthy of adjudication.” Giulini v. Blessing, 654 F.2d 189, 192 (2d Cir.1981); see IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1056 (2d Cir.1993) (“The question ... is whether the federal ... claim was so insubstantial, implausible, or ot…
cited
Cited "see"
Katzman v. Central Intelligence Agency
See Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 812 (2d Cir.), cert. denied, — U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see"
Federal Deposit Insurance v. Hillcrest Associates
Our rule is that “failure to object timely to a magistrate’s report operates as a waiver of any further judicial review of the magistrate’s decision.” Small v. Secretary of Health & Human Servs., 892 F.2d 15, 16 (2d Cir.1989) (per curiam) (reiterating general rule and outlining exception for pro se litigants unless the “magistrate’s report explicitly states that failure to object to the report within ten (10) days will preclude appellate review and specifically cites 28 U.S.C. § 636 (b)(1) and Rules 72, 6(a) and 6(e) of the Federal Rules of Civil Procedure”); see IUE AFL-CIO Pen…
discussed
Cited "see"
Federal Deposit Insurance Corporation v. Hillcrest Associates
Sec. 636 (b)(1) and Rules 72, 6(a) and 6(e) of the Federal Rules of Civil Procedure"); see IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir.1993), cert. denied, --- U.S. ----, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994); Wesolek v. Canadair Ltd., 838 F.2d 55 , 58 (2d Cir.1988); McCarthy v. Manson, 714 F.2d 234, 237 (2d Cir.1983); John B.
discussed
Cited "see, e.g."
Prou v. Giarla
Therefore, “if personal jurisdiction can be established under RICO, the doctrine of pendent personal jurisdiction would come into play, making it unnecessary to consider Florida’s long-arm statute.” Koch, 847 F.Supp.2d at 1374 ; see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1056 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994) (“[U]nder the doctrine of pendent personal jurisdiction, where a federal statute authorizes nationwide service of process and the federal and state claims ‘derive from a common nucleus of operative fact’ ... the d…
discussed
Cited "see, e.g."
Inamed Corporation, Inamed Development Company and Bioenterics Corporation v. Lubomyr I. Kuzmak
See 4 Wright & Miller, Federal Practice and Procedure § 1069.2 *1363 (2000); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1056-57 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Aupperlee v. Coughlin
DISCUSSION A. Rule 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Rodolico v. Unisys Corp.
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Covello v. Depository Trust Co., Local 153
Fed.R.Civ.P. 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the *61 complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Arizona Premium Finance, Inc. v. Bielli
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994)…
discussed
Cited "see, e.g."
Asdourian v. Konstantin
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), *353 cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1…
discussed
Cited "see, e.g."
East Hampton Airport Property Owners Ass'n v. Town Board
DISCUSSION A. Rule 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” *143 Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Lambertson v. Kerry Ingredients, Inc.
On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) only if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
DeSantis v. Roz-Ber, Inc.
On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Bell Sports, Inc. v. System Software Associates, Inc.
On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Morris v. Northrop Grumman Corp.
Rule 12(b)(6) Standard On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ ” Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049 , 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
CONTINENTAL ORTHOPEDIC APP. v. Health Ins. Plan
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) standard On a motion to dismiss for failure to state a claim, "the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears `beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Continental Orthopedic Appliances, Inc. v. Health Insurance Plan of Greater New York, Inc.
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) standard On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Warren v. Fischl
Rule 12(b)(6) standard On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ ” Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Continental Orthopedic Appliances, Inc. v. Health Insurance Plan
DISCUSSION A Fed.R.Civ.P. 12(b)(6) standard On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Goldman v. Belden, 754 F.2d.l059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir. 1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (199…
discussed
Cited "see, e.g."
Harrison v. NBD INC.
Standard of review On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Dupont v. United States
See Willard v. Internal Revenue Service, 776 F.2d 100 , 102 n. 3 (4th Cir.1985); United States v. County of Arlington, 702 F.2d 485, 489-90 (4th Cir.1983); see also Carney v. U.S. Department of Justice, 19 F.3d 807 , 812 n. 1 (2d Cir.), cert, denied, 513 U.S. 823 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994); Thomas v. U.S. Department of Energy, 719 F.2d 342 , 344 n. 3 (10th Cir.1983).
discussed
Cited "see, e.g."
Willner v. Town of North Hempstead
Fed.R.Civ.P. 12(b)(6) standard Oh a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Procter & Gamble Co. v. Quality King Distributors, Inc.
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41 , *195 45-46, 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
In Re Health Management, Inc. Securities Litigation
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985)(quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Harrison v. NBD INC.
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049,1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Federal Deposit Insurance v. Pelletreau & Pelletreau
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
cited
Cited "see, e.g."
Wine Markets International, Inc. v. Bass
See e.g., IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1056 (2d Cir.1993), cert. denied, — U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
United States Ex Rel. DeCarlo v. Kiewit/AFC Enterprises, Inc.
Rule 9(b)’s heightened pleading requirements reflect “the desire to spare defendants the harm to their reputations attendant to an allegation of fraud absent con *1050 crete factual circumstances supporting the allegation.” Devaney v. Chester, 709 F.Supp. 1255, 1260 (S.D.N.Y.1989); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1057 (2d Cir.1993), cert. denied, — U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994) (requirement ensures defendant receives fair notice while protecting the defendant’s reputation and discouraging strike suits).
cited
Cited "see, e.g."
Burke v. Dowling
See, e.g., IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, — U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Cornett v. Sheldon
Moore, Federal Practice P 56.24 at 56-1438) (citation omitted); see also, Carney v. Dep’t of Justice, 19 F.3d 807, 813 (2d Cir.) (holding that district court did not eir in denying plaintiff discovery pursuant to Rule 56(f), because the plaintiff's allegations were “grounded in mere speculation"), cert. denied, - U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994). 11 .
discussed
Cited "see, e.g."
Cronin v. Browner
See, e.g., IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1055 (2d Cir.1993) (applying jurisdictional rule in action brought under the Multiemployer Pension Plan Amendment Act, 29 U.S.C. § 1381 , the relevant portion of which states that the district courts "shall have exclusive jurisdiction” over actions brought by persons “adversely affected by the act or omission of any party under this subtitle," 29 U.S.C. §§ 1451 (a), (c)), cert. denied, — U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994); Gallant Securities, Inc., supra, 878 F.2d 71 (2d Cir.1989) (applying standard where complain…
discussed
Cited "see, e.g."
Mathon v. Marine Midland Bank, N.A.
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir. 1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir. 1993), cert. denied, — U.S. —, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Fogel v. Metropolitan Life Insurance
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir. 1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir. 1993), cert. denied, - U.S. -, 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
Retrieving the full opinion text from the archive…
McDonough
v.
Shalala, Secretary of Health and Human Services
v.
Shalala, Secretary of Health and Human Services
No. 93-2043.
Supreme Court of the United States.
Oct 3, 1994.
Published
Citer courts: District of Columbia (3)
C. A. 3d Cir. Certiorari denied.