green
Positive treatment
Quoted verbatim 4×
9.4 score
G Cite
cited 2× by 2 distinct cases, last quoted 1990 · 2 courts ·
…here is a close factual and logical nexus between the pendent claims added under rule 18(a) and the original claim. therefore, pendent jurisdiction supports these claims.
⚠ not in text
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Gross Ex Rel. Gross v. Perrysburg Exempted Village School District
the cases from this and other circuits uniformly hold that a lawyer should receive a fee for preparing and successfully litigating the attorney fee case after the original case is over ....
examined
Cited as authority (quoted)
Big Rivers Electric Corp. v. Schilling (In Re Big Rivers Electric Corp.)
hjours spent preparing and litigating the attorney fee case should not exceed 3 of the hours in the main case when the issue is submitted on papers without a trial and should not exceed 5 of the hours in the main case when a trial is necessary.
discussed
Cited as authority (quoted)
King Fisher Marine Service, Inc. v. 21st Phoenix Corp.
here is a close factual and logical nexus between the pendent claims added under rule 18(a) and the original claim. therefore, pendent jurisdiction supports these claims.
discussed
Cited as authority (quoted)
King Fisher Marine Service, Inc., a Texas Corporation v. 21st Phoenix Corporation, F/k/a the Hanson Development Company, a Delaware Corporation, Defendant-Third-Party-Plaintiff-Appellee v. Langan Engineering Associates, Inc., a Corporation, Third-Party-Defendant-Appellant, Highlands Insurance Company, a Texas Corporation, Third-Party-Defendant
here is a close factual and logical nexus between the pendent claims added under rule 18(a) and the original claim. therefore, pendent jurisdiction supports these claims.
discussed
Cited "see"
People v. Turner
Instead, under current law, "[t]he unconstitutionality of a statute is not exempt from the requirement of preservation" ( People v Scott , 126 AD3d 645, 646 [1st Dept 2015], lv denied 25 NY3d 1171 [2015]; see People v Iannelli , 69 NY2d 684, 685 [1986], cert denied 482 US 914 [1987]; People v Dozier , 52 NY2d 781, 783 [1980]; People v Thomas , 50 NY2d 467, 473 [1980]).
discussed
Cited "see"
People v. Turner
Instead, under current law, "[t]he unconstitutionality of a statute is not exempt from the requirement of preservation" ( People v Scott , 126 AD3d 645, 646 [1st Dept 2015], lv denied 25 NY3d 1171 [2015]; see People v Iannelli , 69 NY2d 684, 685 [1986], cert denied 482 US 914 [1987]; People v Dozier , 52 NY2d 781, 783 [1980]; People v Thomas , 50 NY2d 467, 473 [1980]).
discussed
Cited "see"
People v. McWilliams
"The unconstitutionality of a statute is not exempt from the requirement of preservation" ( People v Scott , 126 AD3d 645, 646 [1st Dept 2015], lv denied 25 NY3d 1171 [2015]; see People v Iannelli , 69 NY2d 684, 685 [1986], cert denied 482 US 914 [1987]; People v Dozier , 52 NY2d 781, 783 [1980]; People v Thomas , 50 NY2d 467, 473 [1980]).
discussed
Cited "see"
O Centro Espirita Beneficente União Do Vegs in U.S. v. Duke
See Coulter v. Tennessee , 805 F.2d 146 , 151 (6th Cir. 1986) ("The cases from this and other circuits uniformly hold that a lawyer should receive a fee for preparing and successfully litigating the attorney fee case after the original case is over."), cert. denied , 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987) ; Gametech Int'l, Inc. v. Trend Gaming Sys., LLC , 380 F.Supp.2d 1084 , 1101 (D.
discussed
Cited "see"
Cody Farms, Inc. v. Deerman (In re Deerman)
See In re Ward, 21 F.3d 1119 , 1994 WL 134682 , *3 n. 8 (9th Cir.1994) (Table) (stating that “Arizona courts have recently accepted the use of nonmutual offensive collateral estoppel as long as the party against whom preclusion is sought had a ‘full and fair opportunity to litigate the issue in the prior proceedings.’ ”) (emphasis in original)(quoting Wetzel v. Arizona State Real Estate Dep’t, 151 Ariz. 330 , 727 P.2d 825, 828-29 (Ct.App.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987) (remaining citation omitted)). 15 The Deermans had a full and fair opport…
discussed
Cited "see"
Tinch v. City of Dayton
See Coulter v. Tennessee, 805 F.2d 146, 151 (6th Cir.1986) (noting that in “motions that go to a particular issue in a case, the question should be whether the person seeking compensation prevailed on the motion or in the end prevailed on the issue raised in the motion in part as a result of the motion”), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987).
discussed
Cited "see"
United States v. Eleven Vehicles
(2×)
See Coulter v. Tennessee, 805 F.2d 146, 151 (6th Cir.1986) (holding that district court did not err in limiting number of compensable attorney hours spent litigating fees to 3-5% of hours spent litigating merits), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987).
discussed
Cited "see"
United States v. Eleven Vehicles, Their Equipment and Accessories
See Coulter v. Tennessee, 805 F.2d 146, 151 (6th Cir. 1986) (holding that district court did not err in limiting number of compensable attorney hours spent litigating fees to 3-5% of hours spent litigating merits), cert. denied, 482 U.S. 914 (1987).
discussed
Cited "see"
Jackson Ex Rel. Jackson v. Philadelphia Housing Authority
See Coulter v. Tennessee, 805 F.2d 146, 151 (6th Cir.1986) cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987) (hours allowed for litigating an attorney fee case should not exceed three percent (3%) of the hours in the main case).
discussed
Cited "see"
Conopco, Inc. v. McCreadie
See United States v. City of Twin Falls, 806 F.2d 862, 870 (9th Cir.1986) cert. denied City of Twin Falls v. Envirotech Corp., 482 U.S. 914 , 107 S.Ct. 3185 , 96 L.Ed.2d 674 (1987) (although the goods versus services question is ordinarily one of fact for the jury, where the contract is unambiguous and there are no facts in dispute it is not error for the court to rule on the issue as a matter of law); DeGroft, 527 A.2d at 1323 (trial court improperly ruled as a matter of law that the U.C.C. would apply where a factfinder could reasonably conclude that the contract was one for services).
cited
Cited "see"
United States ex rel. Bartec Industries, Inc. v. United Pacific Co.
See United States v. City of Twin Falls, Idaho, 806 F.2d 862, 871 (9th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3185 , 96 L.Ed.2d 674 (1987); United States ex rel.
cited
Cited "see"
United States of America Ex Rel. Bartec Industries, Inc., Plaintiff-Appellee-Cross-Appellant v. United Pacific Company, Dba United Pacific Reliance Company, Defendant-Appellant-Cross-Appellee. And Kauai Builders, Inc., Defendant-Third-Party v. Simpson-Irvine, a Joint Venture Organized in the State of California Federal Insurance Company, a New Jersey Corporation, Third-Party Defendants-Cross-Appellees. And Simpson-Irvine, a Joint Venture, Fourth-Party Plaintiff-Cross-Appellee v. Bartec Industries, Inc., Fourth-Party Defendant-Cross-Appellant
See United States v. City of Twin Falls, Idaho, 806 F.2d 862, 871 (9th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3185 , 96 L.Ed.2d 674 (1987); United States ex rel.
cited
Cited "see"
Fleming v. Ayers & Associates
See Coulter v. Tennessee, 805 F.2d 146, 151, 152 (6th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987).
discussed
Cited "see"
Fleming v. Ayers & Associates
See Coulter v. Tennessee, 805 F.2d 146, 151, 152 (6th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987). 31 In Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983), the Supreme Court clarified the proper relationship between the results obtained and an award of attorney's fees.
cited
Cited "see"
First Golden Bancorporation v. Ronald F. Weiszmann, Third-Party and v. Morgan Stanley & Co., Incorporated, a Delaware Corporation Timothy Taebel and Lindner Management, Third-Party And
See United States v. City of Twin Falls, 806 F.2d 862, 866-68 (9th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3185 , 96 L.Ed.2d 674 (1987); Nishimatsu Constr.
cited
Cited "see"
First Golden Bancorporation v. Weiszmann
See United States v. City of Twin Falls, 806 F.2d 862, 866-68 (9th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3185 , 96 L.Ed.2d 674 (1987); Nishimatsu Constr.
cited
Cited "see"
Federal Deposit Insurance v. Loube
See United States v. Twin Falls, 806 F.2d 862 , 867 (9th Cir.1986), cert. denied 482 U.S. 914 , 107 S.Ct. 3185 , 96 L.Ed.2d 674 (1987).
discussed
Cited "see"
In Re Crazy Eddie Securities Litigation
See United States v. City of Twin Falls, Idaho, 806 F.2d 862, 868 (9th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3185 , 96 L.Ed.2d 674 (1987); United States v. Collins & Co. General Contractors, 648 F.Supp. 967, 971 (M.D.Ga.1986); see also United Mine Workers of America v. Gibbs, 383 U.S. 715, 726 , 86 S.Ct. 1130, 1139 , 16 L.Ed.2d 218 (1966).
cited
Cited "see"
Robert G. Jackson, Robert P. Gettys, Attorney-Appellant v. The Law Firm of O'hara, Ruberg, Osborne and Taylor
See Coulter v. State of Tennessee, 805 F.2d 146, 149 (6th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987).
discussed
Cited "see, e.g."
Jones v. Fleetwood Motor Homes
See also Coulter v. State of Tennessee, 805 F.2d 146, 151 (6th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987); Duke v. Uniroyal, Inc., 928 F.2d 1413 , 1425 (4th Cir.), cert. denied, 502 U.S. 963 , 112 S.Ct. 429 , 116 L.Ed.2d 449 (1991); Castle v. Bentsen, 872 F.Supp. 1062, 1067 (D.D.C.1995); General Electro Music Corp. v. Samick Music Corp., 1994 WL 87445 *2 (N.D.Ill.
discussed
Cited "see, e.g."
Triple B Farms, an Idaho Partnership v. Haney Seed Co., an Idaho Corporation, and Hartford Accident & Indemnity Company
See International Eng'g Co., Inc. v. Daum Industries, Inc., 630 P.2d 155, 158-59 (Idaho 1981); see also United States v. City of Twin Falls, Idaho, 806 F.2d 862, 879 (9th Cir.1986) (federal courts apply state law regarding attorney fee awards in diversity actions), cert. denied, 482 U.S. 914 , 107 S.Ct. 3185 , 96 L.Ed.2d 674 (1987)
discussed
Cited "see, e.g."
Grand v. Cigna Property & Casualty Co.
Dowell v. Ross, 134 Ariz. 422 , 657 P.2d 410 (1982); El Paso Natural Gas Co. v. State, 123 Ariz. 219 , 599 P.2d 175 (1979), cert. denied, 445 U.S. 938 , 100 S.Ct. 1331 , 63 L.Ed.2d 772 (1980); see also Wetzel v. Arizona State Real Estate Department, 151 Ariz. 330 , 727 P.2d 825 (App.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987).
cited
Cited "see, e.g."
People v. Harrison
As defense counsel did not register further objection, the issues are unpreserved for appellate review (see, CPL 470.05; see also, People v Iannelli, 69 NY2d 684 , cert denied 482 US 914 ).
discussed
Cited "see, e.g."
Webb, Secretary of the Navy v. Maldonado
(2×)
See also Coulter v. Tennessee, 805 F. 2d 146, 148-149 (CA6 1986) (“Congress did not intend that lawyers . . . receive excess compensation or incentives beyond the amount necessary to cause competent legal work to be performed”), cert. denied, 482 U. S. 914 (1987).
Retrieving the full opinion text from the archive…
Di Bella
v.
United States
v.
United States
No. 86-1488.
Supreme Court of the United States.
Jun 8, 1987.
482 U.S. 914
Published
C. A. 2d Cir. Certiorari denied.