green
Positive treatment
Quoted verbatim 1×
5.1 score
“since the plaintiff's constitutional rights have adequate protection in the court of appeals, congress' decision to place exclusive jurisdiction in this court is unchallengeable.”
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977
2001
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Semi-Alloys, Inc. v. Morio
since the plaintiff's constitutional rights have adequate protection in the court of appeals, congress' decision to place exclusive jurisdiction in this court is unchallengeable.
discussed
Cited "see"
State v. Gordon
See Wheeler, 285 Mont. at 402 , 948 P.2d at 699 . ¶29 Moreover, State v. White (Ariz. App. 1989), 773 P.2d 482, 484 , State v. Phillips (Ariz. App. 1983), 678 P.2d 512 , 514, and People v. Drummond (N.Y. 1976), 359 N.E.2d 663 , 664, cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977), involved routine contentions on appeal that the sentences imposed after plea agreements and entry of guilty pleas were illegal and did not involve arguments on appeal that pre-plea rulings violated the law or the constitution.
cited
Cited "see"
Martini v. Federal National Mortgage Ass'n
See Day v. Avery, 548 F.2d 1018 , 1029-30 & n. 61 (D.C.Cir.1976), ce rt. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977) (collecting cases).
discussed
Cited "see"
Hantover, Inc. v. Omet, S.N.C. of Volentieri & C.
See Day v. Avery, 548 F.2d 1018, 1022 (D.C.Cir.1976), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977) ("in cases not seeking enforcement of a substantive right existing under the Constitution or a federal law, capacity of a partnership to sue or be sued is determined by reference to the law of the forum State” under Rule 17(b)).
discussed
Cited "see"
Naartex Consulting Corporation, Russell Huff v. James G. Watt, Secretary of Interior
Furthermore, damages are “restricted in all cases to such damages as were the natural and proximate consequences, or the direct consequences, of the fraud, and to such damages as can be clearly defined and ascertained.” 37 Am.Jur.2d, Fraud & Deceit § 343, at 461; see Day v. Avery, 548 F.2d 1018, 1028 (D.C.Cir.1976), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977).
cited
Cited "see"
Howard v. Riggs National Bank
See Day v. Avery, 179 U.S.App.D.C. 63, 70-71 , 548 F.2d 1018, 1025-26 (1976), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977); W.
discussed
Cited "see"
National Conference of Catholic Bishops v. Smith
See Grutka v. Barbour, 549 F.2d 5 , 9-10 (7th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977). 34 The case of Surinach v. Pesquera de Busquets, 604 F.2d 73 (1st Cir. 1979), relied on by plaintiffs at oral argument for the proposition that First Amendment free exercise rights are subject to the same protection as are First Amendment free speech rights, is clearly distinguishable on its facts. 35 (d) Lack of Ripeness 36 Finally, even if the plaintiffs presented a case or controversy a challenge to the PDA at this time would also fail for lack of ripeness.
cited
Cited "see"
National Conference of Catholic Bishops v. Smith
See Grutka v. Barbour, 549 F.2d 5 , 9-10 (7th Cir.), cert, denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977).
discussed
Cited "see"
National Conference of Catholic Bishops v. Bell
See Grutka v. Barbour, 549 F.2d 5, 9-10 (7th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977). (d) Lack of Ripeness Finally, even if the plaintiffs presented a case or controversy a challenge to the PDA at this time would also fail for lack of ripeness.
cited
Cited "see"
Surinach v. Pesquera De Busquets
See, Grutka v. Barbour, 549 F.2d 5, 10 (C.A. 7, 1977), cert. den. 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 . 9 *128 The Complaint filed in this case is hereby DISMISSED.
discussed
Cited "see, e.g."
Kitt v. Capital Concerts, Inc.
Furthermore, in his complaint, Mr. Kitt only makes a blanket allegation that his “professional and personal reputations were damaged, and [that] he sustained other damages.” Indeed, he conceded during discovery, as the trial court noted, that “[s]ince the concert, his earnings, performances, and private teachings have increased.” To recover in the District, “appellant’s proof of damages [is] crucial.” Dresser, supra, 465 A.2d at 839 (citations omitted); see also Day v. Avery, 179 U.S.App.D.C. 63, 74 , 548 F.2d 1018, 1029 (1976) (per curiam) (“a sine qua non of any recovery for …
discussed
Cited "see, e.g."
Hughes v. State
See also People v. Drummond, Ct.App., 40 N.Y.2d 990 , 391 N.Y.S.2d 67 , 359 N.E.2d 663 (1976), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977); In the Interest of D.D., Fla.App., 564 So.2d 1224, 1225 (1990).
cited
Cited "see, e.g."
National Bank of Washington v. Mallery
See Fed.R.Civ.P. 17(b); see also Day v. Avery, 548 F.2d 1018 (D.C.Cir.1976), cert. denied, 431 U.S. 908 , *26 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977).
discussed
Cited "see, e.g."
Nappe v. Anschelewitz, Barr, Ansell & Bonello
See, e.g., Day v. Avery, 548 F.2d 1018, 1029 (D.C.Cir.1976), cert. denied, 431 US. 908, 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977); Monteleone v. Trail Pontiac, Inc., 395 So. 2d 1003, 1004 (Ala.Civ.App.1980), writ denied, 395 So. 2d 1005 (Ala.1981); Beik v. Thorsen, 169 Conn. 593, 594 , 363 A. 2d 1030, 1031 (1975); Zeliff v. Sabatino, 15 N.J. 70, 77 (1954) (Burling, J., dissenting); Mumphord v. First Victoria Nat’l Bank, 605 S.W.2d 701, 704-05 (Tex.Civ.App.1980); D.
Retrieving the full opinion text from the archive…
Day
v.
Avery
v.
Avery
No. 76-1249.
Supreme Court of the United States.
May 2, 1977.
C. A. D. C. Cir. Certiorari denied.
Mr. Justice Powell took no part in the consideration or decision of this petition.