green
Positive treatment
Quoted verbatim 2×
6.1 score
G Cite
cited 2× by 1 distinct case, last quoted 2000 ·
…he principles of takings law that apply to real property do not apply in the same manner to statutes imposing monetary liability.
⚠ not in text
cited 2× by 1 distinct case, last quoted 2004 ·
…in analyzing a takings claim, a court must first determine what was taken
⚠ not in text
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996
2011
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Arctic King Fisheries, Inc. v. United States
(2×)
in analyzing a takings claim, a court must first determine what was taken
examined
Cited as authority (quoted)
Commonwealth Edison Co. v. United States
(2×)
he principles of takings law that apply to real property do not apply in the same manner to statutes imposing monetary liability.
discussed
Cited "see"
Provost v. City of Newburgh
See United States v. Masotto, 73 F.3d 1233, 1238 (2d Cir.) (“An erroneous instruction requires a new trial unless the error is harmless.”), cert. denied, 519 U.S. 810 , 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996).
discussed
Cited "see"
First Hartford Corp. Pension Plan & Trust v. United States
(2×)
See Branch v. United States, 69 F.3d 1571, 1575 (Fed.Cir.1995), cert. denied, 519 U.S. 810 , 117 S.Ct. 55 , 136 L.Ed.2d 18 (1996) (declaring that “[t]his court [Federal Circuit] has not had occasion to address the question whether the Court of Federal Claims has jurisdiction over shareholder derivative actions, and we do not find it necessary to resolve that question in this case.”); see also California Hous.
cited
Cited "see"
Joseph H. Holzapfel, and Others Similarly Situated v. Town of Newburgh, Ny Charles M. Kehoe, Chief of Police, Town of Newburgh Police Department
See United States v. Masotto, 73 F.3d 1233, 1238 (2d Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996).
discussed
Cited "see"
United States v. Louis Malpeso, AKA Bobo Robert Gallagher Joseph Amato
See United States v. Masotto, 73 F.3d 1238 , 1242 n. 5 (2d Cir.) (“Although the district court did not instruct the jury that ‘use’ of a firearm requires a finding that the defendant ‘actively employed’ a firearm, the evidence establishes that crew members actively employed firearms during a violent crime.”), cert. denied, — U.S. -, 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996).
discussed
Cited "see"
Thomson v. Saatchi & Saatchi Holdings (USA), Inc.
See Stiltner v. Beretta U.S.A Corp., 14, F.3d 1473, 1480 (4th Cir.) (representations about disability benefits made in employment offer letter did not constitute a plan under test set forth in Donovan), cert. denied, — U.S. -, 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996).
discussed
Cited "see, e.g."
Petro-Hunt, L.L.C. v. United States
(2×)
Cos., Inc. v. United States, 583 F.3d 849, 856-57 (Fed.Cir.2009); see also Branch v. United States, 69 F.3d 1571, 1575 (Fed.Cir.1995), cert. denied, 519 U.S. 810 , 117 S.Ct. 55 , 136 L.Ed.2d 18 (1996) ("In analyzing a takings claim, a court must first determine what was taken.”).
discussed
Cited "see, e.g."
United States v. Rose
See Pinkerton v. United States, 328 U.S. 640, 646-48 , 66 S.Ct. 1180 , 90 L.Ed. 1489 (1946); see also United States v. Masotto, 73 F.3d 1233, 1240 (2d Cir.), cert. denied, 519 U.S. 810 , 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996).
discussed
Cited "see, e.g."
United States v. Demetric Wade
See, e.g., United States v. Ramos, 147 F.3d 281, 286-87 (3d Cir.1998) (finding foreseeabiity when evidence showed that defendant himself had carried a gun in previQus drug transactions); United States v. Fonseca-Caro, 114 F.3d 906, 908 (9th Cir.1997) (same), cert. denied, 522 U.S. 1097 , 118 S.Ct. 895 , 139 L.Ed.2d 880 (1998); United States v. Friend, 50 F.3d 548, 553-54 (8th Cir.1995) (finding foreseeabiity when evidence showed defendant's close relationship t9 the coconspirator and the defendant's discussions of his long-time involvement in the drug business), cert. granted and judgment vac.…
discussed
Cited "see, e.g."
Walcek v. United States
(2×)
See also Branch v. United States, 69 F.3d 1571, 1579 (Fed.Cir.1995), cert. denied, 519 U.S. 810 , 117 S.Ct. 55 , 136 L.Ed.2d 18 (1996); American Cont’l Corp. v. United States, 22 Cl.Ct. 692, 697 (1991).
cited
Cited "see, e.g."
Peter I. Diamondstone v. Christopher A. MacAluso Leroy Prior, David R. Stanton, A. James Walton, Jr., and State of Vermont
See, e.g., United States v. Masotto, 73 F.3d 1233, 1238 (2d Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996).
discussed
Cited "see, e.g."
United States v. Abelis
An appellant bears the burden of showing that the requested instruction " 'accurately represented the law in every respect and that, viewing as a whole the charge actually given, he was prejudiced.' " United States v. Dove, 916 F.2d 41, 45 (2d Cir.1990) (quoting United States v. Ouimette, 798 F.2d 47, 49 (2d Cir.1986), cert. denied, 488 U.S. 863 , 109 S.Ct. 163 , 102 L.Ed.2d 134 (1988)); see also United States v. Thompson, 76 F.3d 442, 454 (2d Cir.1996). " 'A jury instruction is erroneous if it misleads the jury as to the correct legal standard or does not adequately inform the jury on the law…
discussed
Cited "see, e.g."
United States v. Abelis
An appellant bears the burden- of showing that the requested instruction “ 'accurately represented the law in every respect and that, viewing as a whole the charge actually given, he was prejudiced.’ ” United States v. Dove, 916 F.2d 41, 45 (2d Cir.1990) (quoting United States v. Ouimette, 798 F.2d 47, 49 (2d Cir.1986), cert. denied, 488 U.S. 863 , 109 S.Ct. 163 , 102 L.Ed.2d 134 (1988)); see also United States v. Thompson, 76 F.3d 442, 454 (2d Cir.1996). “ ‘A jury instruction is erroneous if it mis leads the jury as to the correct legal standard or does not adequately inform the jur…
discussed
Cited "see, e.g."
Maritrans Inc. v. United States
(2×)
See, e.g., Branch v. United States, 69 F.3d 1571 (Fed.Cir.1995), cert. denied, — U.S. -, 117 S.Ct. 55 , 136 L.Ed.2d 18 (1996); Golden Pacific Bancorp, v. United States, 15 F.3d 1066, 1073-74 (Fed.Cir.), cert. denied, 513 U.S. 961 , 115 S.Ct. 420 , 130 L.Ed.2d 335 (1994); see also California Housing Securities, Inc. v. United States, 959 F.2d 955 (Fed.Cir.), cert. denied, 506 U.S. 916 , 113 S.Ct. 324 , 121 L.Ed.2d 244 (1992).
discussed
Cited "see, e.g."
United States v. Muyet
The Second Circuit has affirmed convictions when even though the jury instructions were erroneous, the evidence demonstrated that the defendant or defendants played “some part in directing the enterprise’s affairs.” See United States v. Workman, 80 F.3d 688, 695, 697-98 (2d Cir.), cert. denied, 117 S.Ct.; see also United States v. Masotto, 73 F.3d 1233, 1238, 1239 (2d Cir.), cert. denied, — U.S. -, 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996); United States v. Wong, 40 F.3d 1347, 1372-74 (2d Cir.1994); Thai 29 F.3d at 816 .
discussed
Cited "see, e.g."
United States v. Miller
See, e.g., United States v. Masotto, 73 F.3d 1233, 1238-39 (2d Cir.), cert. denied, - U.S.-, 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996); Napoli v. United States, 45 F.3d 680, 683-84 (2d Cir.) (convictions of defendants, who were “high up on the ‘ladder of operation,’ ” were unaffected by Reves error), cert. denied, 514 U.S. 1084 , 115 S.Ct. 1796 , 131 L.Ed.2d 724 (1995); see also Metromedia Co. v. Fugazy, 983 F.2d 350, 369 (2d Cir.1992) (error in RICO pattern instruction subject to harmless-error analysis), cert, denied, 508 U.S. 952 , 113 S.Ct. 2445 , 124 L.Ed.2d 662 (1993); United States v…
discussed
Cited "see, e.g."
United States v. Miller
See, e.g., United States v. Masotto, 73 F.3d 1233, 1238-39 (2d Cir.), cert. denied, --- U.S. ----, 117 S.Ct. 54 , 136 L.Ed.2d 18 (1996); Napoli v. United States, 45 F.3d 680, 683-84 (2d Cir.) (convictions of defendants, who were "high up on the 'ladder of operation,' " were unaffected by Reves error), cert. denied, 514 U.S. 1084 , 115 S.Ct. 1796 , 131 L.Ed.2d 724 (1995); see also Metromedia Co. v. Fugazy, 983 F.2d 350, 369 (2d Cir.1992) (error in RICO pattern instruction subject to harmless-error analysis), cert. denied, 508 U.S. 952 , 113 S.Ct. 2445 , 124 L.Ed.2d 662 (1993); United States v. …
Retrieving the full opinion text from the archive…
Ben BRANCH, Trustee, etc.
v.
UNITED STATES
v.
UNITED STATES
No. 95-1807.
Supreme Court of the United States.
Oct 7, 1996.
Cited by 1 opinion | Published
Citer courts: Federal Claims (4)
Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.