green
Positive treatment
Quoted verbatim 6×
10.8 score
G Cite
cited 2× by 2 distinct cases, last quoted 1991 ·
…it is the character of the work to be performed under the contract that is determinative of whether the agreement was maritime.
⚠ not in text
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 47 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
96 Cal. Daily Op. Serv. 9269, 96 Daily Journal D.A.R. 15,299 Arthur Calderon, Warden, and James Gomez, Director of the California Department of Corrections v. U.S. District Court for the Eastern District of California (Sacramento), Blufford Hayes, Jr., Real Party in Interest
when the district court's order is correct as a matter of law, it is obvious that the writ of mandamus should not be issued.
examined
Cited as authority (quoted)
A.I. Trade Finance, Inc. v. Centro Internationale Handelsbank AG
where a breach of contract has caused a party to maintain a suit against a third person, courts have permitted recovery from the breaching party of counsel fees and other litigation expenses incurred in the suit
discussed
Cited as authority (quoted)
American Marine Insurance Group v. Neptunia Insurance
an average is a partial, as opposed to a total loss.
discussed
Cited as authority (quoted)
Planned Premium Services of Louisiana, Inc. v. International Insurance Agents, Inc.
it is the character of the work to be performed under the contract that is determinative of whether the agreement was maritime.
discussed
Cited as authority (quoted)
Planned Premium Services Of Louisiana, Inc. v. International Insurance Agents, Inc.
it is the character of the work to be performed under the contract that is determinative of whether the agreement was maritime.
discussed
Cited as authority (quoted)
Nebco International Inc. v. M/V NATIONAL INTEGRITY
shipper's reason able expectation on booking cargo for shipment is that it will be stowed below deck, unless the shipper agrees to the contrary or a general port custom permits above deck stowage.
discussed
Cited "see"
United States v. George Campbell, Also Known as Ramadan, Also Known as Roland Campbell
Accord United States v. Van Cauwenberghe, 827 F.2d 424, 429 (9th Cir.1987), ce rt. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988); McGann v. United States Board of Parole, 488 F.2d 39, 40 (3d Cir.1973) (per curiam), cert. denied, 416 U.S. 958 , 94 S.Ct. 1974 , 40 L.Ed.2d 309 (1974); see also Casey v. Department of State, 980 F.2d 1472, 1476-77 (D.C.Cir.1992); id. at 1477 (“[A]t a minimum,’ Johnson means that an American court must give great deference to the determination of the foreign court in an extradition proceeding.”).
discussed
Cited "see"
Hurd v. United States
See Furka v. Great Lakes Dredge & Dock Co., 824 F.2d 330, 332 (4th Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 775 , 98 L.Ed.2d 861 (1988); Berg v. Chevron U.S.A., Inc., 759 F.2d 1425, 1430 (9th Cir.1985); Korpi v. United States, 961 F.Supp. 1335, 1347 (N.D.Cal. 1997), aff'd, 145 F.3d 1338 , 1998 WL 231207 (1998).
discussed
Cited "see"
In re Milestone Scientific Securities Litigation
See Hoxworth v. Blinder, Robinson & Co., Inc., 980 F.2d 912, 923 (3d Cir.1992)(quoting Grasty v. Amalgamated Clothing & Textile Workers Union, 828 F.2d 123 (3d Cir.), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988))(“‘factual differences will not render a claim atypical if the claim arises from the same event or practice or course of conduct that gives rise to the claims of the class members.’ ”); see also In re Prudential, 148 F.3d at 311 ; Baby Neal, 43 F.3d at 56 ; Easton & Co. v. Mutual Benefit Life Ins.
discussed
Cited "see"
Jerry Enterprises of Gloucester County, Inc. v. Allied Beverage Group, L.L.C.
See Grasty v. Amalgamated Clothing & Textile Workers Union, AFL — CIO, 828 F.2d 123, 128 (3d Cir.) (holding that “in most cases as long as one of the representatives is adequate, the adequacy of representation requirement is met”), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988); see, e.g., Stephenson, 177 F.R.D. at 286-87 ; Brown v. LaSalle Northwest Nat’l Bank, 1993 WL 313563 , *4 (N.D.Ill.1993); Gillis v. Hoechst Celanese Corp., 1992 WL 68333 , *7 (E.D.Pa.
discussed
Cited "see"
In Re Prudential Insurance Co. of America Sales Practices Litigation
See Grasty v. Amalgamated Clothing & Textile Workers Union, 828 F.2d 123, 131 (3d Cir.1987) (holding typicality satisfied where named plaintiffs did not share all of the claims of the class but the claims alleged appeared to stem from a single course of conduct by which the defendant failed to represent its members fairly and effectively), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988).
discussed
Cited "see"
Cyrix Corporation, and Sgs-Thomson Microelectronics, Inc., and International Business MacHines Corporation v. Intel Corporation
See Unidisco, Inc. v. Schattner, 824 F.2d 965, 968 , 3 USPQ2d 1439, 1441 (Fed.Cir.1987) (“Resale of the product by Unidisco could not infringe the patent if Unidisco purchased the product from an authorized seller.”), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988).
discussed
Cited "see"
Findley v. Falise
See Ingersoll Milling Machine Co. v. M/V Bodena, 829 F.2d 293, 309 (2d Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988); Bunge Corp. v. London & Overseas Insurance Co., 394 F.2d at 497 .
discussed
Cited "see"
In Re Joint Eastern and Southern District Asbestos Litigation (Two Cases). In Re Johns-Manville Corporation, Debtor (Two Cases). Bernadine K. Findley, as of the Estate of Hilliard Findley, Uma Lail Caldwell, as of the Estate of Odell Caldwell, Joseph C. Jones, James William Barnette, Jr., on Behalf of Themselves, and All Others Similarly Situated as Beneficiaries of the Manville Personal Injury Settlement Trust, Edward Lindley, Class, Future Leslie Gordon Fagen, as Legal Representative of Future on Behalf of Future of the Manville Personal Injury Settlement Trust and the Subclass of Present Maryland Plaintiffs-Intervenors-Appellees, United States Fidelity and Guaranty Company, Plaintiff-Intervenor-Appellant, Porter-Hayden Co., a Member of the Distributor Subclass, Intervenor-Appellant, Owens-Corning Fiberglass Corporation and Subclass 3, Consisting of All Beneficiaries of the Manville Trust Who, as Former Producers, Manufacturers, Distributors, And/or Installers of Asbestos and Asbestos-Containing Products, Have or May Have in the Future Contribution And/or Indemnification Claims Against the Manville Trust (Except for Those Distributors Whose Claims for Contribution And/or Indemnification Are Based on Their Distribution of Asbestos-Containing Products of Manville Corp. (The Manville Distributors Subclass), Shall Be Referred to as \The Co-Defendant Manufacturers Subclass\"
See Ingersoll Milling Machine Co. v. M/V Bodena, 829 F.2d 293, 309 (2d Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988); Bunge Corp. v. London & Overseas Insurance Co., 394 F.2d at 497 .
cited
Cited "see"
United States v. Darnell Garcia
See United States v. Van Cauwenberghe, 827 F.2d 424, 428 (9th Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988). 2 .
discussed
Cited "see"
Lake v. First Nationwide Bank
See Grasty v. Amalgamated Clothing & Textile Workers Union, 828 F.2d 123, 128-29 (3d Cir.1987) (noting that the absence of conflict and a vigorous prosecution are the “two principal factors in determining the adequacy of representation”), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988).
discussed
Cited "see"
Cyrix Corp. v. Intel Corp.
See Unidisco, Inc. v. Schattner, 824 F.2d 965, 968 , 3 U.S.P.Q.2d 1439, 1441 (Fed.Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988).” (Emphasis added.) Also see Intel Corp. v. U.S. Intern.
cited
Cited "see"
United States v. Bill Don Pearson, Arthur Robert Pearson, and Tommy Gibbons Pearson
See United States v. Van Cauwenberghe, 827 F.2d 424, 432 (9th Cir.1987), cert. denied, 484 U.S. 1042 (1988).
cited
Cited "see"
Shirley J. Connolly v. Washington Gas Light Company
See Robinson v. Montgomery Ward & Co., 823 F.2d 793, 796 (4th Cir. 1987), cert. denied, 484 U.S. 1042 (1988).
cited
Cited "see"
Shaw v. Whirlpool Financial Corp. (In Re the Appliance Store, Inc.)
See Grasty v. Amalgamated Clothing and Textile Workers Union, AFL-CIO, 828 F.2d 123 (3d Cir. 1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988).
discussed
Cited "see"
Intel Corporation v. Ulsi System Technology, Inc.
(2×)
See Unidisco, Inc. v. Schattner, 824 F.2d 965, 968 , 3 USPQ2d 1439, 1441 (Fed.Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988). 10 In the instant case, the issue as to whether ULSI is free from infringement liability turns on whether there was a sale of 'C87 coprocessors by HP to ULSI.
discussed
Cited "see"
Herman Krangel, Plaintiffs-Respondents v. General Dynamics Corporation, Defendants-Petitioners
See Survival Systems Division of the Whittaker Corp. v. U.S. District Court, 825 F.2d 1416 (9th Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 861 (1988) (discretionary remand orders generally reviewable only by petition for writ of mandamus because such orders do not finally determine a substantive legal issue under the collateral order doctrine).
discussed
Cited "see"
United States v. Brian Douglas Hammer
See United States v. Van Cauwenberghe, 827 F.2d 424, 434-35 (9th Cir.1987), cert, denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988); Phillips v. United States, 679 F.2d 192, 196 (9th Cir.1982).
cited
Cited "see"
United States v. Donald M. Georgeoff
See United States v. Talbot, 825 F.2d 991, 997 (6th Cir.1987), cert. denied, 484 U.S. 1042 (1988).
discussed
Cited "see"
Putnam Resources v. Ronald M. Pateman, Ronald M. Pateman v. Frenkel & Company, Inc.
See Ingersoll Milling Machine Co. v. M/V Bodena, 829 F.2d 293 (2d Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988); Wisniewski, 579 F.Supp. at 1014 ; see also 9 Couch, Couch on Insurance 2d § 38.76 (1985) (“Good faith and the requirements of the contract of [marine] insurance obligate the insured to make a specific and full disclosure of all material facts of which he has, or ought to have knowledge ... to the insurer.”); 2 J.
cited
Cited "see"
Michael Ward v. Thomas Minick Erwin Henes
See Ghandi v. Police Dep't of Detroit, 747 F.2d 338 , 354 (6th Cir.1984), appeal after remand, 823 F.2d 959 (1987), cert. denied, 484 U.S. 1042 (1988).
discussed
Cited "see"
Dennis B. Umshler v. Department of the Interior
See O.P.M. v. Richmond, 496 U.S. ----, 110 S.Ct. 2465 , and 110 L.Ed.2d 387 (1990), where the Supreme Court stated "We have reversed every finding of estoppel [against the government] that we have reviewed." See also Chula Vista City School District v. Bennett, 824 F.2d 1573 , cert. denied, 484 U.S. 1042 (Fed.Cir.1987).
cited
Cited "see"
Watkins v. Mabus
See Monroe v. City of Woodville, Miss., 819 F.2d 507 , 511 n. 2 (5th Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988).
cited
Cited "see"
Elvis Presley Enterprises, Inc. v. Elvisly Yours, Inc. Elvisly Yours, Ltd. Sid Shaw
See Ghandi v. Police Dep’t. of Detroit, 747 F.2d 338 , 354 (6th Cir.1984), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 861 (1988).
discussed
Cited "see"
Glen W. King v. Allstate Insurance Company
(2×)
Co., 540 F.2d 1257, 1261 (5th Cir.1976), cert. denied, 431 U.S. 967 , 97 S.Ct. 2926 , 53 L.Ed.2d 1063 (1977); accord Ingersoll Milling Machine Co. v. M/V Bodena, 829 F.2d 293, 305-06 (2d Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988). 3 This approach reflects the supremacy and uniformity traditionally accorded to federal maritime law.
cited
Cited "see"
Wright v. United States
See Chula Vista City School Dist. v. Bennett, 824 F.2d 1573 , 1582 (Fed.Cir.1987), cert denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 861 (1988).
discussed
Cited "see"
Mary Ann Hansen v. Blue Cross of California Ventura County Foundation for Medical Care
See Survival Systems Div. of Whittaker Corp. v. United States District Court, 825 F.2d 1416, 1418 (9th Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 861 (1988) (“In this case, the order of remand did not resolve a matter of substantive law, as in Pelleport....
discussed
Cited "see, e.g."
Fidelity National Title Insurance Company v. APM Management Service's, LLC
The determining question for whether the adverse testimonial privilege applies to a case is not whether the case is criminal or civil, but whether the desired testimony in the particular case raises a threat to the spouse’s penal interests.“ See In re Martenson, 779 F.2d 461, 464 (8th Cir. 1985) (finding that a wife must testify against her husband in a civil wrongful levy action against the United States, in which the husband’s mother was the plaintiff, because the case implicated only the husband’s property interests, rather than his penal interests); see also United States v. Cauwen…
discussed
Cited "see, e.g."
Perkins v. American Electric Power Fuel Supply, Inc.
See, e.g., Ingersoll Milling Machine Co. v. M/V Bodena, 829 F.2d 293, 311 (2d Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988); Marathon Pipe Line Co. v. M/V Sea Level II, 806 F.2d 585, 593 (5th Cir.1986); Parker Towing Co. v. Yazoo River Towing, Inc., 794 F.2d 591, 594 (11th Cir.1986).
discussed
Cited "see, e.g."
Szczubelek v. Cendant Mortgage Corp.
See also Grasty v. Amalgamated Clothing & Textile Workers Union, 828 F.2d 123, 130 (3d Cir.1987), cert. denied 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988) (noting that “factual differences will not render a claim atypical if the claim arises from the same event or practice or course of conduct that gives rise to the claims of the class members, and if it is based on the same legal theory.”).
discussed
Cited "see, e.g."
McKowan Lowe & Co., Ltd. v. Jasmine Ltd.
See also Grasty v. Amalgamated Clothing and Textile Workers Union, AFL-CIO, 828 F.2d 123, 130 (3d Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988)(named plaintiffs were typical although they did not share all of the class claims); Grossman v. Waste Management, Inc., 100 F.R.D. 781, 791 (N.D.Ill.1984)(named plaintiff could not represent 10(b)(5) class because she was subject to nonreliance defense but could adequately represent Section 11 and 12 class).
discussed
Cited "see, e.g."
O-D
See, e.g., Matter of Burbano, 20 I&N Dec. 872, 874 (BIA 1994) (“[W]e recognize that the immi- gration judge who presides over a case has certain observational advantages due to his or her presence at the exclusion or deportation hearing. . . . [T]he Board ordinarily gives significant weight to the determinations of the immi- gration judge regarding the credibility of witnesses at the hearing.”); see also Matter of Kulle, 19 I&N Dec. 318 (BIA 1985), aff’d, 825 F.2d 1188 (7th Cir. 1987), cert. denied, 484 U.S. 1042 (1988).
discussed
Cited "see, e.g."
In Re: Grand Jury (Pt. II)
See, e.g., United States v. Van Cauwenberghe, 827 F.2d 424, 431 (9th Cir. 1987)(refusing to recognize the spousal privilege where the witness failed to demonstrate that the testimony was adverse to her spouse’s penal interests), cert. denied, 484 U.S. 1042 (1988); In re Martenson, 779 F.2d 461, 464 (8th Cir. 1985)(same); In re Grand Jury Proceedings, 664 F.2d 423, 430 (5th Cir. 1981) (same), cert. denied, 455 U.S. 1000 (1982).
discussed
Cited "see, e.g."
In Re Grand Jury
See, e.g., United States v. Van Cauwenberghe, 827 F.2d 424, 431 (9th Cir.1987)(refusing to recognize the spousal privilege where the witness failed to demonstrate that the testimony was adverse to her spouse’s penal interests), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988); In re Martenson, 779 F.2d 461, 464 (8th Cir.1985)(same); In re Grand Jury Proceedings, 664 F.2d 423, 430 (5th Cir.1981) (same), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 1631, 71 L.Ed.2d 866 (1982).
discussed
Cited "see, e.g."
Crumpton v. Philip Morris, USA
However, in order to satisfy the second element of a prima facie case, Crumpton, a non-applicant must show that he was a “potential victim of unlawful discrimination” and that he “was deterred from applying for the job by the employer’s discriminatory practices.” Id. at 367-68 , 97 S.Ct. at 1871 ; see also Robinson v. Montgomery Ward & Co., 823 F.2d 793, 796 (4th Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988).
cited
Cited "see, e.g."
United States v. Schiffer
See, e.g., Kulle v. United States, 825 F.2d 1188, 1192 (7th Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988).
examined
Cited "see, e.g."
Lionel James Casey v. Department of State
(4×)
See, e.g., United States v. Van Cauwenberghe, 827 F.2d 424, 429 (9th Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988); McGann v. United States Bd. of Parole, 488 F.2d 39, 40 (3rd Cir.1973) (per curiam), cert. denied, 416 U.S. 958 , 94 S.Ct. 1974 , 40 L.Ed.2d 309 (1974). 5 The government, in order to bolster [ 299 U.S.App.D.C. 34 ] its jurisdictional argument, accordingly argues that an extradition decision is entirely within the discretion of the extraditing country.
discussed
Cited "see, e.g."
United States v. Ghanim Hermis
This court has said that pre-indictment delay is fatal to the government's case only when the defendant shows (1) "substantial prejudice to his right to a fair trial" and (2) "that the delay was an intentional device by the government to gain a tactical advantage." United States v. Duncan, 763 F.2d 220, 222 (6th Cir.1985); see also United States v. Talbot, 825 F.2d 991, 998 (6th Cir.1987), cert. denied, 484 U.S. 1042 (1988); United States v. Greene, 737 F.2d 572, 574-75 (6th Cir.1984).
discussed
Cited "see, e.g."
Dotson v. United States Postal Service
Watkins v. Northwestern Ohio Tractor Pullers Assn., 630 F.2d 1155, 1158 (6th Cir.1980) (citations omitted); see also, Ghandi v. Police Dept. of the City of Detroit, 747 F.2d 338 (6th Cir.1984), cert. denied, sub nom., Ghandi v. Fayed, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 861 (1988).
discussed
Cited "see, e.g."
Norwich Union Fire Insurance Society Ltd. v. Lykes Bros. Steamship Co.
See, e.g., Ingersoll Milling Machine Co. v. M/V Bodena, 829 F.2d 293 (2d Cir. 1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988); O’Connell Machinery Co., Inc. v. M/V Americana, 797 F.2d 1130 (2d Cir.1986); Thyssen, Inc. v. S.S.
discussed
Cited "see, e.g."
Louis Vadino v. A. Valey Engineers
See also Grasty v. Amalgamated Clothing and Textile Workers Union, 828 F.2d 123 (3d Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 860 (1988) (suit against union for violation of union constitutions maintained without joining a sec *261 tion 301 claim against the employer).
discussed
Cited "see, e.g."
United States v. Mancuso
See, e.g., United States v. Van Cauwenberghe, 827 F.2d 424, 431 (9th Cir.1987) (trial judge may order severance if it appears that a defendant may be significantly prejudiced by a joint trial with his codefendants), cert. denied, 484 U.S. 1042 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988).
Retrieving the full opinion text from the archive…
Kulle
v.
Immigration and Naturalization Service
v.
Immigration and Naturalization Service
No. 87-716.
Supreme Court of the United States.
Jan 25, 1988.
Published
C. A. 7th Cir. Certiorari denied.