green
Positive treatment
Quoted verbatim 1×
5.8 score
“while the russell court was deciding a type of claim different from that in the instant case, we find the court's statements regarding the comprehensive remedial structure of erisa instructive.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
McDonough v. Blue Cross of Northeastern Pennsylvania
while the russell court was deciding a type of claim different from that in the instant case, we find the court's statements regarding the comprehensive remedial structure of erisa instructive.
discussed
Cited "see"
United States v. Frank Stevens
(2×)
See United States v. Shaw, 829 F.2d 714 (9th Cir.1987), ce rt. denied, 485 U.S. 1022 , 108 S.Ct. 1577 , 99 L.Ed.2d 892 (1988); United States ex. rel.
discussed
Cited "see"
United States v. Charles D. Matlock
See United States v. Shaw, 829 F.2d 714, 718 , 718 n. 1 (9th Cir.1987) (holding vouching harmless where trial court instructed jury that it should examine witness' testimony with greater caution than testimony of ordinary witness because witness was beneficiary of plea bargain and was an accomplice), cert. denied, 485 U.S. 1022 (1988).
cited
Cited "see"
Higgins v. Star Electric, Inc.
See Fahy v. Dresser Industries, Inc., 740 S.W.2d 635, 643 (Mo. banc 1987), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1576 , 99 L.Ed.2d 891 (1988).
cited
Cited "see"
42 Fed. R. Evid. Serv. 1089, 95 Cal. Daily Op. Serv. 6281, 95 Daily Journal D.A.R. 10,701 United States of America v. Guy W. Olano, Jr., United States of America v. Raymond M. Gray
See United States v. Shaw, 829 F.2d 714, 718 (9th Cir.1987), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1577 , 99 L.Ed.2d 892 (1988).
cited
Cited "see"
United States v. Olano
See United States v. Shaw, 829 F.2d 714, 718 (9th Cir.1987), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1577 , 99 L.Ed.2d 892 (1988).
cited
Cited "see"
John Robert Gibson v. Mutual Life Insurance Company of New York
See Trenton v. Scott Paper Co., 832 F.2d 806, 808-09 (3d Cir.1987), cert. denied, 485 U.S. 1022 (1988).
discussed
Cited "see"
16 Employee Benefits Cas. 2610, Pens. Plan Guide P 23881e the Blaw Knox Retirement Income Plan, Blaw Knox Pension Plan, Blaw Knox Iam Pension Plan, Blaw Knox Equipment Pension Plan, Blaw Knox Duraloy Pension Plan for Salaried Employees, Blaw Knox Duraloy Hourly Pension Plan and Fiduciaries Dean G. Wilson and Richard A. McIntyre v. White Consolidated Industries, Inc., and John Doe(s)
See Trenton v. Scott Paper Co., 832 F.2d 806, 809 (3d Cir.1987) ("It defies common sense to suggest that a corporation must allow a retirement board to make personnel decisions such as determining which plants need fewer employees."), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1576 , 99 L.Ed.2d 891 (1988); Payonk, 883 F.2d at 227 ("[T]he decision to terminate the HMW plan could only have been made and effectuated by HMW in its role as employer.
discussed
Cited "see"
Blaw Knox Retirement Income Plan v. White Consolidated Industries, Inc.
See Trenton v. Scott Paper Co., 832 F.2d 806, 809 (3d Cir.1987) (“It defies common sense to suggest that a corporation must allow a retirement board to make personnel decisions such as determining which plants need fewer employees.”), ce rt. denied, 485 U.S. 1022 , 108 S.Ct. 1576 , 99 L.Ed.2d 891 (1988); Payonk, 883 F.2d at 227 (“[T]he decision to terminate the HMW plan could only have been made and effectuated by HMW in its role as employer.
discussed
Cited "see"
United States v. Horst Schoenhoff
See United States v. Cataldo, 832 F.2d 869, 874-75 (5th Cir.1987), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1577 , 99 L.Ed.2d 892 (1988); Brooks v. Wyrick, 486 F.Supp. 939, 943-44 (E.D.Mo.1979), aff'd mem., 620 F.2d 308 (8th Cir.), cert. denied, 446 U.S. 969 , 100 S.Ct. 2949 , 64 L.Ed.2d 829 (1980).
discussed
Cited "see"
United States v. Johnson. United States v. Mann
See United States v. Shaw, 829 F.2d 714, 716-718 (9th Cir.1987), cert. denied, 485 U.S. 1022 (1988). 7 Tower was a codefendant in this case, but agreed to plead guilty to Count Three of the indictment and testify against Johnson and Mann in exchange for the government's dismissal of Counts One, Two, and Four.
discussed
Cited "see, e.g."
United States v. Cowan
See also United States v. Ward, 833 F.2d 1538, 1539 (11th Cir.1987)(the Eleventh Circuit summarily rejects the identical argument about the limitations of federal jurisdiction), ce rt. denied, 485 U.S. 1022 , 108 S.Ct. 1576 , 99 L.Ed.2d 891 (1988).
discussed
Cited "see, e.g."
United States v. Tom Minh Trinh, Also Known as Tu Nguyen, United States of America v. Phu Chi Truong
Compare United States v. Kerr, 981 F.2d 1050, 1053-54 (9th Cir.1992) (holding that where a prosecutor's vouching is serious, prompt curative action is required) with United States v. Shaw, 829 F.2d 714, 718 (9th Cir.1987) (holding that in cases of mild vouching a general instruction is sufficient to cure the error), cert. denied, 485 U.S. 1022 (1988). 14 It is also worth noting that the "vouched for" witness was not crucial to the government's case.
cited
Cited "see, e.g."
Beis v. Dias
See also Fahy v. Dresser Industries, Inc., 740 S.W.2d 635, 641 [9] (Mo.banc 1987), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1576 , 99 L.Ed.2d 891 (1988).
discussed
Cited "see, e.g."
United States v. Mortimer Leslie Grant Alice M. Grant, United States of America v. John S. Carter
We have previously rejected this argument as "ha[ving] no semblance of merit." In re Becraft, 885 F.2d 547 , 548 n. 2 (9th Cir.1989); see also United States v. Ward, 833 F.2d 1538, 1539 (11th Cir.1987) (argument that the federal government has jurisdiction over only the District of Columbia, federal enclaves, and federal possessions found "utterly without merit"), cert. denied, 485 U.S. 1022 (1988).
discussed
Cited "see, e.g."
United States v. Robert Irving Eyster, A/K/A Bobby, Jack Leroy Marshall
See, e.g., United States v. Shaw, 829 F.2d 714, 716-18 (9th Cir.1987) (applying plenary review), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1577 , 99 L.Ed.2d 892 (1988); United States v. Sims, 719 F.2d 375, 377-78 (11th Cir.1983) (same), cert. denied, 465 U.S. 1034 , 104 S.Ct. 1304 , 79 L.Ed.2d 703 (1984). 14 To find prosecutorial misconduct, a two-pronged test must be met: (1) the remarks must be improper, and (2) the remarks must prejudicially affect the substantial rights of the defendant.
cited
Cited "see, e.g."
MFA INC. v. Dettler
See, e.g., Fahy v. Dresser Industries, Inc., 740 S.W.2d 635, 641 (Mo. banc 1987), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1576 , 99 L.Ed.2d 891 (1988).
discussed
Cited "see, e.g."
Flick v. Borg-Warner Corporation
See also Trenton v. Scott Paper Co., 832 F.2d 806 (3d Cir.1987), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1576 , 99 L.Ed.2d 891 (1988). 25 What plaintiffs are urging on this appeal, however, is not merely a breach of fiduciary duty by the employer acting in its own interest in interpreting a contract, but rather a breach of contract by defendant qua employer.
cited
Cited "see, e.g."
Flick v. Borg-Warner Corp.
See also Trenton v. Scott Paper Co., 832 F.2d 806 (3d Cir.1987), cert. denied, 485 U.S. 1022 , 108 S.Ct. 1576 , 99 L.Ed.2d 891 (1988).
Retrieving the full opinion text from the archive…
Dresser Industries, Inc.
v.
Fahy
v.
Fahy
No. 87-1544.
Supreme Court of the United States.
Apr 25, 1988.
Cited by 1 opinion | Published
Citer courts: W.D. Pennsylvania (1)
Sup. Ct. Mo. Certiorari denied.