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Positive treatment
5.5 score
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 26 distinct citers.
How cited ↗
cited
Cited "but see"
E.J. Wilson, Dearest Davis, and Cassandra Linder, Plaintiffs v. Roland Attaway
But see McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981) (“personal involvement,” custom, or policy required), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
discussed
Cited "see"
Scadlock v. Intermountain Healthcare
See McLaughlin v. City of LaGrange, 662 F.2d 1385, 1387 (11th Cir. 1981) (“[t]he fact that counsel has a busy practice does not establish ‘excusable neglect’”) cert. denied, McLaughlin v. LaGrange, 456 U.S. 979 ; 102 S. Ct. 2249 ; 72 L.
discussed
Cited "see"
People v. Withrow
Contrary to defendant's contention, the jury was justified in inferring, based on the victim's testimony, that defendant intended to deprive her of her bag or to appropriate it to himself ( see Penal Law § 155.05 [1]; see generally People v Arroyo , 54 NY2d 567, 578 [1982], cert denied 456 US 979 [1982]; People v Cooper , 134 AD3d 1583 , 1584-1585 [4th Dept 2015]).
discussed
Cited "see"
People v. Rivera
Pursuant to CPL 670.10 (1), a trial court may “allow into evidence the testimony of a witness given at a prior trial if the witness is outside the state and cannot with due diligence be brought before the court” (People v Diaz, 97 NY2d 109, 112 [2001]; see People v Arroyo, 54 NY2d 567, 569-570 [1982], cert denied 456 US 979 [1982]; People v Grice, 84 AD3d 1419, 1420 [2011], lv denied 17 NY3d 806 [2011]; People v Hilts, 46 AD3d 947, 948-949 [2007], affd 13 NY3d 895 [2009]).
discussed
Cited "see"
People v. Jackson
A showing, inter alia, that Bailey could not “with due diligence be found” would have been required before the defendant could have used, at his second trial, the alibi testimony Bailey had given at his first (CPL 670.10 [1]; see People v Arroyo, 54 NY2d 567, 571 [1982], cert denied 456 US 979 [1982]).
discussed
Cited "see"
People v. Combo
Prior testimony from specified previous proceedings may be admitted upon a showing that the witness “cannot with due diligence be found, or is outside the state or in federal custody and cannot with due diligence be brought before the court” (CPL 670.10 [1]; see, People v Arroyo, 54 NY2d 567, 571 , cert denied 456 US 979 ).
discussed
Cited "see"
Cindy L. Hanson v. The City of Oklahoma City, a Municipal Corporation Mary Hill, in Her Official Capacity as Court Administrator
See McLaughlin v. City of LaGrange, 662 F.2d 1385, 1387 (11th Cir.1981), cert. denied, 456 U.S. 979 (1982); see also Taumby v. United States, 902 F.2d 1362, 1367 (8th Cir.1990), vacated on other grounds, 919 F.2d 69 ; An-Port, Inc. v. MBR Indus., Inc., 142 F.R.D. 47, 48 (D.P.R.1992) (citing First Circuit cases).
cited
Cited "see"
Davis v. Pringle
See McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
cited
Cited "see"
Collins v. Walden
See McLaughlin v. City of LaGrange, 662 F.2d 1385 (11th Cir.1981), reh’g denied, 668 F.2d 536 (5th Cir.), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
discussed
Cited "see"
Kleckner v. Glover Trucking Corp.
See McLaughlin v. City of LaGrange, 662 F.2d 1385, 1387 (11th Cir. 1981), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982); Graham v. Pennsylvania Railroad, 342 F.2d 914 (D.C.Cir.1964), cert. denied, 381 U.S. 904 , 85 S.Ct. 1446 , 14 L.Ed.2d 286 (1965); Urban v. Talleyville Fire Company, 98 F.R.D. 634 (D.Del.1983).
discussed
Cited "see"
United States v. One Hundred Thirty-Seven (137) Draw Poker-Type MacHines & Six (6) Slot MacHines
Accord McLaughlin v. City of LaGrange, 662 F.2d 1385 (11th Cir.1981) (denial of appellants' motion for additional time to respond to motion for summary judgment was not an abuse of discretion), cert, denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982); Farina v. Mission Investment Trust, 615 F.2d 1068, 1076 (5th Cir.1980) ("absent an affirmative showing by the non-moving party of excusable neglect, according to Rule 6(b) a court does not abuse its discretion when it refuses to accept out-of-time affidavits” opposing a motion for summary judgment); Urban v. Talleyville Fire Co., 98 …
discussed
Cited "see"
Gonzalez v. Scully
(2×)
also: Cited "see, e.g."
See People v. Arroyo, 54 N.Y.2d 567 , 446 N.Y.S.2d 910, 915 , 431 N.E.2d 271, 277 (1982) cert. den., 456 U.S. 979 , 102 S.Ct. 2248 , 72 L.Ed.2d 855 . 12 With respect to the police and forensic reports allegedly containing inconsistent statements by the complainant, there is no apparent reason why these records could not have been subpoenaed and put into evidence at trial.
cited
Cited "see"
Colon v. Lomelo
See McLaughlin v. LaGrange, 662 F.2d 1385 , 1388 (11th Cir. 1981), reh. denied, 668 F.2d 536 (11th Cir.), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
discussed
Cited "see"
Louise Parrott, Individually and in Her Official Capacity as Administratrix of the Estate of Jeffrey Parrott, Deceased v. Max v. Wilson, Etc.
Hamrick v. Lewis, 515 F.Supp. 983, 987 (N.D.Ill.1981); see McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982); Ford v. Byrd, 544 F.2d 194, 195 (5th Cir.1976); Sims v. Adams, 537 F.2d 829, 831-32 (5th Cir.1976); Berry v. McLemore, 670 F.2d 30, 32-34 (5th Cir.1982); Owens v. Haas, 601 F.2d 1242, 1246-47 (2d Cir.1979); Hampton v. Holmesburg Prison Officials, 546 F.2d 1077, 1082 (3d Cir.1976); cf. Vasquez v. Snow, 616 F.2d 217, 220 (5th Cir.1980); Whitehurst v. Wright, 592 F.2d 834, 838 (5th Cir.1979). 26 .
discussed
Cited "see, e.g."
Schoenman v. Federal Bureau of Investigation
Simply put, the “excuse of being a solo practitioner is as good as no excuse at all.” Parks v. Ingersoll-Rand, 380 Fed.Appx. 190, 195 (3d Cir.2010); see also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1387 (11th Cir.1981) (per curiam), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
discussed
Cited "see, e.g."
People v. Wiggins
We also hold that the trial court correctly allowed the prosecution to present a transcript of that witness’s testimony at the second trial, pursuant to CPL 670.10, as the prosecution made a good faith effort to locate him (see, Ohio v Roberts, 448 US 56, 74-76 ; see also, People v Arroyo, 54 NY2d 567, 570-571 , cert denied 456 US 979 ).
discussed
Cited "see, e.g."
Baldwin Technology Corp. v. Dahlgren International, Inc. (In Re Dahlgren International, Inc.)
See United States v. O’Neil, 709 F.2d 361 , 373-74 (1983) (discussing excusable neglect under Fed.R.Civ.P. 60[b]); see also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1387 (11th Cir.1981) (discussing other acts of neglect that fall short of Rule 6[b][2]’s demands), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982); 4A Wright & Miller § 1165 (expounding on the same Rule 6[b][2] principles). • In this case, Baldwin’s motion came after the three year period had expired, and there is neither good cause shown nor excusable neglect.
discussed
Cited "see, e.g."
Ouziel v. Coyle
We find that insofar as the same foundation facts served as a predicate for each proceeding and since the plaintiff suffered only one injury as a result of the acts complained of, which has already been compensated by the recovery obtained in the prior proceeding, the instant action is barred (see, Velazquez v Water Taxi, 49 NY2d 762 ; Matter of Reilly v Reid, 45 NY2d 24 ; see also, Zarcone v Perry, 78 AD2d 70 , affd 55 NY2d 782 , cert denied 456 US 979 ).
discussed
Cited "see, e.g."
Robert Geiserman v. John H. MacDonald A.B. & A.B. & Associates
See Farina v. Mission Investment Trust, 615 F.2d 1068, 1076 (5th Cir.1980) (court did not abuse its discretion by refusing to grant additional time to file affidavits where there was no showing of excusable neglect); see also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1387 (11th Cir.1981), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982) ("a busy practice does not establish 'excusable neglect’ ”); 4A Wright & Miller, Federal Practice and Procedure § 1165, at 480-81 (1987) (rule 6(b) motion will probably not be granted on the ground of “simple inadvertence”).
discussed
Cited "see, e.g."
Loveladies Harbor, Inc. v. United States
RUSCC 6(b) (press of other matters or acts within a party’s control does not constitute excusable neglect); see also McLauglin v. City of Lagrange, 662 F.2d 1385 , 1387 (11th Cir.1981) (per curiam) (fact that party was a solo practitioner and engaged with other cases does not constitute excusable neglect for party’s delay), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982); Mawhinney v. Heckler, 600 F.Supp. 783, 784 (D.Me.1985) (delay caused by backlog of cases does not constitute excusable neglect).
cited
Cited "see, e.g."
Rosario v. Kuhlman
See also People v. Arroyo (1982) 54 N.Y.2d 567 , 446 N.Y.S.2d 910 , 431 N.E.2d 271 , cert. denied 456 U.S. 979 , 102 S.Ct. 2248 , 72 L.Ed.2d 855 .
discussed
Cited "see, e.g."
Greg Zatler v. Louie L. Wainwright
(2×)
See also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981) (footnote omitted), ce rt. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
cited
Cited "see, e.g."
Miller v. Anderson
See Also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
cited
Cited "see, e.g."
Bush v. Ware
See also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981), ce rt. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
discussed
Cited "see, e.g."
General Television Arts, Inc. v. Southern Railway Company
Hence this Court and its predecessor continued to hold after the enactment of Rule 4(a)(2) in 1979 that a final judgment does not “retroactively validate the premature notice of appeal.” United States v. Taylor, 632 F.2d 530, 531 (5th Cir. Unit A 1980); see also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1387 (11th Cir.1981), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
cited
Cited "see, e.g."
Cynthia Wellington, Guardian of the Estate of Robert D. Gravelle v. Brian L. Daniels, Darrel W. Stephens and City of Newport News, Virginia
See also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981), cert. denied, 456 U.S. 979 , 102 S.Ct. 2249 , 72 L.Ed.2d 856 (1982).
Retrieving the full opinion text from the archive…
Wilson
v.
United States
v.
United States
No. 81-6348.
Supreme Court of the United States.
May 17, 1982.
Published
C. A. 3d Cir. Certiorari denied.