green
Positive treatment
4.6 score
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Building & Contstruct v. NLRB
We held that where an affirmative obligation is imposed on the assumption that it is realistically achievable and defendants have made a good faith effort to comply, but compliance has not been achieved, "a court of equity has power to modify the injunction in light of experience." Id. at 1120-21.
discussed
Cited "see"
Churchill v. Pearl River Basin Dev. Dist.
See Jagnandan v. Mississippi State University, 373 So.2d 252 (Miss. 1979), cert. denied 444 U.S. 1026 , 100 S.Ct. 690 , 62 L.Ed.2d 660 , reh'g denied, 448 U.S. 914 , 101 S.Ct. 34 , 65 L.Ed.2d 1177 (1980); Rolph v. Board of Trustees of Forrest County General Hospital, 346 So.2d 377 (Miss. 1977); and Berry v. Hinds County, 344 So.2d 146 (Miss. 1977) (all overruled prospectively from July 1, 1984, by Pruett v. City of Rosedale, 421 So.2d 1046 (Miss. 1982)).
discussed
Cited "see"
W.L. Gore & Associates, Inc. And Gore Enterprise Holdings, Inc. v. C.R. Bard, Inc.
See Delaware Valley Citizens' Council v. Commissioner of Pennsylvania, 674 F.2d 976, 981 (3d Cir.), cert. denied, 459 U.S. 905 , 103 S.Ct. 206 , 74 L.Ed.2d 165 (1982). 16 When litigation is ended by the deliberate choice of the parties, a movant's burden for modification of a consent order is particularly heavy, United States Steel Corp. v. Fraternal Association of Steel Haulers, 601 F.2d 1269, 1274 (3d Cir.1979), for "while consent decrees are judicial acts, they have often been recognized as having many of the attributes of a contract voluntarily undertaken." Philadelphia Welfare Rights Orga…
discussed
Cited "see"
Inmates of the Suffolk County Jail v. Kearney
See Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114 (3d Cir.1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980); New York State Association for Retarded Children, Inc. v. Carey, 706 F.2d 956 (2d Cir.), cert. denied, 464 U.S. 915 , 104 S.Ct. 277 , 78 L.Ed.2d 257 (1983); Nelson v. Collins, 659 F.2d 420 (4th Cir.1981); Plyler v. Evatt, 846 F.2d 208 (4th Cir.), cert. denied, - U.S. -, 109 S.Ct. 241 , 102 L.Ed.2d 230 (1988).
cited
Cited "see"
Twelve John Does v. District of Columbia
See Philadelphia WRO v. Skapp, 602 F.2d 1114 (3d Cir.1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980); N.Y.
discussed
Cited "see"
Badgley v. Santacroce
See Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114, 1119-20 (3rd Cir.1979) cert. denied 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980). (“[W]hile consent decrees are judicial acts, they have often been recognized as having many of the attributes of a contract voluntarily undertaken”).
cited
Cited "see"
United States v. City of Fort Smith, and the State of Arkansas
See Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114, 1120 (3d Cir.1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980).
discussed
Cited "see"
Evans v. Buchanan
See Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114, 1119-21 (3d Cir. 1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980); United States Steel Corp. v. Fraternal Association of Steel Haulers, 601 F.2d 1269, 1273-74 (3d Cir. 1979); Mayberry v. Maroney, 558 F.2d 1159, 1163-64 (3d Cir. 1977).
discussed
Cited "see, e.g."
Reed v. Rhodes
See, e.g., Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114 , 1119—1121 (CA3 1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980), in which modification of a consent decree was allowed in light of changes in circumstances that were beyond the defendants’ control and were not contemplated by the court or the parties when the decree was entered.
discussed
Cited "see, e.g."
Rufo v. Inmates of Suffolk County Jail
(2×)
See, e. g., Philadelphia Welfare Rights Organization v. Shapp, 602 F. 2d 1114 , 1119 1121 (CA3 1979), cert. denied, 444 U. S. 1026 (1980), in which modification of a consent decree was allowed in light of *381 changes in circumstances that were beyond the defendants' control and were not contemplated by the court or the parties when the decree was entered.
discussed
Cited "see, e.g."
Securities & Exchange Commission v. Hatch
The defendant, movant here, must clearly show a “grievous wrong evoked by new and unforeseen conditions.” U.S. v. Wheeling Pittsburgh Steel Corp., 818 F.2d 1077 , 1088 (3d Cir.1987); De Filippis, 567 F.2d at 334 (both quoting Swift & Co., 286 U.S. at 119 , 52 S.Ct. at 464 ); see also Philadelphia Welfare Rights Org. v. Shapp, 602 F.2d 1114 , 1119 (3d Cir.1979) (“[rule 60(b)(5) ] relief is extraordinary and may be granted only upon a showing of exceptional circumstances”), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980)).
discussed
Cited "see, e.g."
Monmouth County Correctional Institution Inmates v. Lanzaro
See also Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114, 1120-21 (3d Cir.1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980) in which the Court of Appeals for the Third Circuit acknowledged that “a court of equity has the power to modify [an] injunction in the light of experience.” With these principles in mind, I shall now review the defendants compliance with the orders of this court and evaluate the conditions of the facility to determine whether the circumstances require a modification of my existing orders in light of both the evidence and the …
discussed
Cited "see, e.g."
United States v. Wheeling-Pittsburgh Steel Corp.
See, e.g., Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114 (3d Cir.1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980) (affirming modification of consent decree requiring Commonwealth to perform medical testing); Mayberry v. Maroney, 558 F.2d 1159 (3d Cir.1977) (reversing order modifying consent decree prohibiting placing prisoners in a prison basement).
discussed
Cited "see, e.g."
United States v. Wheeling-Pittsburgh Steel Corporation
See, e.g., Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114 (3d Cir.1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980) (affirming modification of consent decree requiring Commonwealth to perform medical testing); Mayberry v. Maroney, 558 F.2d 1159 (3d Cir.1977) (reversing order modifying consent decree prohibiting placing prisoners in a prison basement). 23 Furthermore, in In re Grand Jury Proceedings (U.S. Steel-Clairton Works), 525 F.2d 151, 154-56 (3d Cir.1975), we held that a district court's order granting an indefinite stay of grand jury proceeding…
discussed
Cited "see, e.g."
Stephanie Mitchell, on Behalf of Themselves and All Others Similarly Situated v. Marlin W. Johnston, in His Official Capacity as Acting Commissioner of the Texas Department of Human Resources, Stephanie Mitchell, on Behalf of Themselves and All Others Similarly Situated, and Eddie Mae Benson, Intervenor-Appellant v. Marlin W. Johnston, in His Official Capacity as Acting Commissioner of the Texas Department of Human Resources
See also Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114, 1122 (3d Cir.1979), cert. denied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980); Stanton v. Bond, 504 F.2d 1246 (7th Cir.1974). 43 Further explication of the legislative history of the EPSDT program is unnecessary.
discussed
Cited "see, e.g."
Mitchell v. Johnston
See also Philadelphia Welfare Rights Organization v. Shapp, 602 F.2d 1114, 1122 (3d Cir.1979), cert. de nied, 444 U.S. 1026 , 100 S.Ct. 689 , 62 L.Ed.2d 660 (1980); Stanton v. Bond, 504 F.2d 1246 (7th Cir.1974).
discussed
Cited "see, e.g."
Dravosburg Housing Ass'n v. Borough of Dravosburg
See, e.g., Equal Employ ment Opportunity Commission v. Safeway Stores, Inc., 611 F.2d 795 (10th Cir. 1979), cert. denied, 446 U.S. 952 (1980), Philadelphia Welfare Bights Organization v. Shapp, 602 F.2d 1114 (3d Cir. 1979), cert. denied, 444 U.S. 1026 (1980), and Coca-Cola Co. v. Standard Bottling Co., 138 F.2d 788 (10th Cir. 1943). 1 Unfortunately for the Borough and the Authority, however, they have been unable to point to a single appellate case in Pennsylvania which has adopted the principle applied by the federal courts.
Retrieving the full opinion text from the archive…
Palmer
v.
Board of Education of the City of Chicago
v.
Board of Education of the City of Chicago
No. 79-738.
Supreme Court of the United States.
Jan 7, 1980.
444 U.S. 1026
Certiorari.
Cited by 1 opinion | Published
C. A. 7th Cir. Certiorari denied.
Mr. Justice Brennan would grant certiorari.