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Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited "but see"
Beechwood Restorative Care Center v. Leeds
See, e.g., Moccio, 95 F.3d at 200-02 (Rooker-Feldman barred all of plaintiff’s causes of action because the issues raised by plaintiff in his federal action challenging his termination were previously decided by the state court in his Article 78 proceeding); but see DiBlasio v. Novello, 344 F.3d 292, 296 (2d Cir.2003) (Rooker-Feldman did not bar plaintiff's due process claims, since it was not comparable to his Article 78 claim), cert. denied, - U.S. -, 124 S.Ct. 2018 , 158 L.Ed.2d 492 (2004). 15 .
discussed
Cited "see"
Campanella v. County of Monroe
See DiBlasio v. Novello, 344 F.3d 292, 302 (2d Cir.2003) (“Generally, due process requires that a state afford persons ‘some kind of hearing’ prior to depriving them of a liberty or property interest”) (quoting Hodel v. Virginia Surface Mining & Reclamation Ass’n, 452 U.S. 264, 299 , 101 S.Ct. 2352 , 69 L.Ed.2d 1 (1981)), cert. denied, 541 U.S. 988 , 124 S.Ct. 2018 , 158 L.Ed.2d 492 (2004); Bullock v. Gerould, 338 F.Supp.2d 446, 452 (W.D.N.Y.2004) (plaintiffs due process claim failed where he went through arbitration proceeding, in which he was “given a full opportunity to present …
discussed
Cited "see"
Garnett v. Commonwealth
(2×)
Such "`evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.'" Robinson, 231 Va. at 151 , 341 S.E.2d at 164 (quoting Bagley, 473 U.S. at 682 , 105 S.Ct. at 3383 ); see Kyles v. Whitley, 514 U.S. 419, 437 , 115 S.Ct. 1555, 1567 , 131 L.Ed.2d 490 (1995) (nondisclosure of evidence favorable to the accused "does not amount to a Brady violation, without more"); Hillman v. Hinkle, 114 F.Supp.2d 497, 502 (E.D.Va.2000). "[A] constitutional error occurs, and the conviction must be reve…
cited
Cited "see"
JAMES TERRELL, AS TRUSTEE FOR THE HEIRS AND NEXT OF KIN OF TALENA TERRELL, — v. BREK ANDREW LARSON SHAWN AARON LONGEN, —
See Slusarchuk v. Hoff, 346 F.3d 1178 , 1182-83 (8th Cir.2003), cert. denied, ___ U.S. ___, 124 S.Ct. 2018 , 158 L.Ed.2d 492 (2004); Helseth, 258 F.3d at 871 . 14 2.
discussed
Cited "see"
James Terrell v. Brek Larson
(2×)
See Slusarchuck v. Hoff, 346 F.3d 1178 , 1182-83 (8th Cir. 2003), cert. denied, 124 S. Ct. 2018 (2004); Helseth, 258 F.3d at 871 . 2.
discussed
Cited "see"
Mitchell v. Fishbein
See DiBlasio v. Novello, 344 F.3d 292, 297-98 (2d Cir.2003), cert. denied, ___ U.S. ___, 124 S.Ct. 2018 , 158 L.Ed.2d 492 (2004). 67 [I]n Butz the Court mentioned the following factors, among others, as characteristic of the judicial process and to be considered in determining absolute as contrasted with qualified immunity: [1] the need to assure that the individual can perform his functions without harassment or intimidation; [2] the presence of safeguards that reduce the need for private damages actions as a means of controlling unconstitutional conduct; [3] insulation from political influen…
cited
Cited "see"
Terrell v. Larson
See Slusarchuk v. Hoff, 346 F.3d 1178 , 1182-83 (8th Cir.2003) (quoting Helseth, 258 F.3d at 871 ), cert. denied, ___ U.S. ___, 124 S.Ct. 2018 , 158 L.Ed.2d 492 (2004). 44 2.
discussed
Cited "see"
Mitchell v. Fishbein
See DiBlasio v. Novello, 344 F.3d 292, 297-98 (2d Cir.2003), cert. denied, — U.S. —, 124 S.Ct. 2018 , 158 L.Ed.2d 492 (2004). [I]n Butz the Court mentioned the following factors, among others, as characteristic of the judicial process and to be considered in determining absolute as contrasted with qualified immunity: [1] the need to assure that the individual can perform his functions without harassment or intimidation; [2] the presence of safeguards that reduce the need for private damages actions as a means of controlling unconstitutional conduct; [3] insulation from political in fluence…
discussed
Cited "see"
James Terrell v. Brek Larson
(2×)
See Slusarchuk v. Hoff, 346 F.3d 1178 , 1182-83 (8th Cir. 2003) (quoting Helseth, 258 F.3d at 871 ), cert. denied, --- U.S. ----, 124 S. Ct. 2018 (April 19, 2004). 2.
discussed
Cited "see, e.g."
Adams v. New York State Education Department
See, e.g., Abramson v. Pataki, 278 F.3d 93, 101-02 (2d Cir.2002). 23 Third, a plaintiff must satisfy the “plus” component — deprivation of a “ ‘tangible interest’ or property right.” DiBlasio v. Novello, 344 F.3d 292, 302 (2d Cir.2003), cert. denied, 541 U.S. 988 , 124 S.Ct. 2018 , 158 L.Ed.2d 492 (2004). 24 Although “it is not entirely clear what the ‘plus’ [requirement] is,” Neu v. Corcoran, 869 F.2d at 667 , “the deleterious effects which flow directly from a sullied reputation would normally ... be insufficient.
discussed
Cited "see, e.g."
Novartis Corp. v. Teva Pharmaceuticals USA, Inc.
The doctrine of prosecution history estop-pel "precludes a patent owner in an infringement suit from obtaining a construction of a claim that would in effect resurrect subject matter surrendered during the course of proceedings in the Patent and Trademark Office.” 5A-18 Chisum, supra, § 18.05; see also Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 234 F.3d 558, 564-65 (Fed.Cir.2000) (en banc) ("The logic of prosecution history estoppel is that the patentee, during prosecution, has created a record that fairly notifies the public that the patentee has surrendered the right to claim pa…
discussed
Cited "see, e.g."
Metrologic Instruments, Inc. v. Symbol Technologies, Inc.
The doctrine of prosecution history estoppel "precludes a patent owner in an infringement suit from obtaining a construction of a claim that would in effect resurrect subject matter surrendered during the course of proceedings in the Patent and Trademark Office.” 5A-18 Chisum, supra, § 18.05; see also Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 234 F.3d 558, 564-65 (Fed.Cir.2000) (en banc) ("The logic of prosecution history estoppel is that the patentee, during prosecution, has created a record that fairly notifies the public that the patentee has surrendered the right to claim par…
discussed
Cited "see, e.g."
New Windsor Volunteer Ambulance Corps, Inc. v. Meyers
Although postdeprivation remedies can provide constitutionally sufficient process in circumstances where the deprivation was caused by a state agent’s conduct that was “random” and “unauthorized,” Zinermon, 494 U.S. at 130 , 110 S.Ct. 975 ; see, e.g., Hudson v. Palmer, 468 U.S. 517, 532 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); Parratt v. Taylor, 451 U.S. 527, 541 , 101 S.Ct. 1908 , 68 L.Ed.2d 420 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327 , 106 S.Ct. 662 , 88 L.Ed.2d 662 (1986), on the rationale that the state cannot reasonably anticipate such conduct, s…
discussed
Cited "see, e.g."
New Windsor Volunteer Ambulance Corps, Inc. v. Meyers
Although postdeprivation remedies can provide constitutionally sufficient process in circumstances where the deprivation was caused by a state agent's conduct that was "random" and "unauthorized," Zinermon, 494 U.S. at 130 , 110 S.Ct. 975 ; see, e.g., Hudson v. Palmer, 468 U.S. 517, 532 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); Parratt v. Taylor, 451 U.S. 527, 541 , 101 S.Ct. 1908 , 68 L.Ed.2d 420 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327 , 106 S.Ct. 662 , 88 L.Ed.2d 662 (1986), on the rationale that the state cannot reasonably anticipate such conduct, see, e.g., …
discussed
Cited "see, e.g."
Sodexho Marriott Management, Inc. v. United States
See Newport News Shipbuilding & Dry Dock Co. v. Garrett, 6 F.3d 1547, 1554 (Fed.Cir.1993); see also Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki, 344 F.3d 1359 , 1370 n. 4 (Fed.Cir.2003), cert. denied, — U.S. —, 124 S.Ct. 2018 , 158 L.Ed.2d 492 (2004), and cert. denied, — U.S. —, 124 S.Ct. 2019 , 158 L.Ed.2d 492 (2004) (“Consistent with Supreme Court precedent, the holdings of that Court and our own regarding the Festo presumption of surrender and its rebuttal apply to all granted patents and to all pending litigation that has not been concluded with a final judgment, including ap…
Retrieving the full opinion text from the archive…
Lovitt
v.
True, Warden
v.
True, Warden
03-8751.
Supreme Court of the United States.
Apr 19, 2004.
Cited by 1 opinion | Published
Sup. Ct. Va. Motion of National Association of Criminal Defense Lawyers et al. for leave to file a brief as amici curiae granted. Certiorari denied.