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Positive treatment
Quoted verbatim 1×
5.2 score
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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 "but see"
Elsevier v. Derwinski
Equitable tolling applies where “despite all due diligence [plaintiff] is unable to obtain vital information bearing on the existence of his claim_ [Equitable tolling] does not assume a wrongful — or any — effort by the defendant to prevent the plaintiff from suing.” Cada, 920 F.2d at 451 (citations omitted); but see Stark v. Dynascan Corp., 902 F.2d 549, 551 (7th Cir.1990) (“ ‘To invoke equitable tolling, the plaintiff must therefore show that the defendant attempted to mislead him and that the plaintiff reasonably relied on the misrepresentation by neglecting to file a timely cha…
discussed
Cited as authority (quoted)
Foutty v. Equifax Services, Inc.
equitable tolling applies where the defendant has wrongfully deceived or misled the plaintiff in order to conceal the existence of a cause of action.
discussed
Cited "see"
Prelich v. Medical Resources, Inc.
Nevertheless, “[t]he Court applies equitable exceptions sparingly because the certainty and repose the [procedural] provisions confer will be lost if their application is up for grabs in every case.” Moret v. Geren, 494 F.Supp.2d 329, 337 (D.Md.2007); see English v. Pabst Brewing Co., 828 F.2d 1047, 1049 (4th Cir.1987), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2037 , 100 L.Ed.2d 621 (1988).
discussed
Cited "see"
Jankovitz v. Des Moines Independent Community School District
See id. at 17-23 (citing, e.g., Karlen v. City Colleges of Chicago, 837 F.2d 314 (7th Cir.) ( Karlen ) (early retirement incentive plan violates ADEA where benefits drop from eighty percent of accumulated sick pay to forty-five percent of accumulated sick pay when an employee reaches the age of 65), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 622 (1988)).
discussed
Cited "see"
Jankovitz v. Des Moines Independent Community School District
See id. at 17-23 (citing, e.g., Karlen v. City Colleges of Chicago, 837 F.2d 314 (7th Cir.) (Karlen) (early retirement incentive plan violates ADEA where benefits drop from eighty percent of accumulated sick pay to forty-five percent of accumulated sick pay when an employee reaches the age of 65), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 622 (1988)).
discussed
Cited "see"
United States v. Adams
See United States v. Gipson, 835 F.2d 1323, 1324 (10th Cir.), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 623 (1988); United States v. DeLuna, 763 F.2d 897, 907 (8th Cir.)(both stating that disqualification only appropriate if facts provide what an objective, knowledgable member of the public would find to be a reasonable basis for doubting the judge’s impartiality) cert. denied, 474 U.S. 980 , 106 S.Ct. 382 , 88 L.Ed.2d 336 (1985).
cited
Cited "see"
D.P. Muth J.P. Muth v. United States
See English v. Pabst Brewing Co., 828 F.2d 1047, 1049 (4th Cir.1987), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2037 , 100 L.Edüd 621 (1988).
cited
Cited "see"
Buko v. American Medical Laboratories, Inc.
See English v. Pabst Brewing Co., 828 F.2d 1047, 1051 (4th Cir.1987), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2037 , 100 L.Ed.2d 621 (1988).
discussed
Cited "see"
Davila v. State
(2×)
See United States v. Gipson, 835 F.2d 1323 (10th Cir.), cert. denied 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 623 (1988), and particularly so since that court cited its decision in United States v. Broce, 781 F.2d 792 (10th Cir.1986) which has now been reversed by the United States Supreme Court in Broce, 488 U.S. 563 , 109 S.Ct. 757 .
cited
Cited "see"
United States v. Cooley
See United States v. Gipson, 835 F.2d 1323 (10th Cir.), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 623 (1988).
cited
Cited "see, e.g."
Robert J. Solon v. Gary Community School Corporation, Cross-Appellee
See, e.g., Karlen v. City Colleges of Chicago, 837 F.2d 314, 318 (7th Cir.), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 622 (1988).
discussed
Cited "see, e.g."
United States v. Maurice Horton
(2×)
Although the denial of a motion for mandatory recusal under section 144 need not be appealed immediately, and is not waived when the defendant pleads guilty, United States v. Troxell, 887 F.2d 830, 833 (7th Cir.1989); see also United States v. Gipson, 835 F.2d 1323 (10th Cir.), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 623 (1988), the denial of a request that the judge recuse himself under section 455(a) must be appealed immediately by application for writ of mandamus, or it is waived.
discussed
Cited "see, e.g."
Myriam E. Laborde-Garcia v. Puerto Rico Telephone Co.
The Fourteenth Amendment says that the Commonwealth may not deprive a person of “property without due process of law.” The Supreme Court has made clear that “property” includes the job of a government employee who (under local law) cannot be dismissed except for “good cause.” Loudermill, 470 U.S. at 538-39 , 105 S.Ct. at 1491-92 ; see also Kercado-Melendez v. Aponte-Roque, 829 F.2d 255, 262 (1st Cir.1987), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2037 , 100 L.Ed.2d 621 (1988).
discussed
Cited "see, e.g."
Laborde-Garcia v. Puerto
The Fourteenth Amendment says that the Commonwealth may not deprive a person of "property without due process of law." The Supreme Court has made clear that "property" includes the job of a government employee who (under local law) cannot be dismissed except for "good cause." Loudermill, 470 U.S. at 538-39 ; see also __________ ___ ____ Kercado-Melendez v. Aponte-Roque, 829 F.2d 255, 262 (1st ________________ ____________ Cir. 1987), cert. denied, 486 U.S. 1044 (1988).
discussed
Cited "see, e.g."
Laborde-Garcia v. Puerto
The Fourteenth Amendment says that the Commonwealth may not deprive a person of "property without due process of law." The Supreme Court has made clear that "property" includes the job of a government employee who (under local law) cannot be dismissed except for "good cause." Loudermill, 470 U.S. at 538-39 ; see also Kercado-Melendez v. Aponte-Roque, 829 F.2d 255, 262 (1st Cir. 1987), cert. denied, 486 U.S. 1044 (1988).
discussed
Cited "see, e.g."
Libront v. Columbus McKinnon Corp.
See also Karlen v. City Colleges of Chicago, 837 F.2d 314, 317 (7th Cir.), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 622 (1988), holding that “a worker who elects early retirement cannot turn around and sue his employer unless he can show that he was forced to take early retirement by an explicit or implicit threat to fire (or otherwise punish) him because of his age if he did not.” (emphasis added), citing Henn, 819 F.2d 824 .
discussed
Cited "see, e.g."
Louis Vadino v. A. Valey Engineers
Such an estoppel may occur “where the plaintiff knew of the existence of his cause of action but the defendant’s conduct caused him to delay in bringing his lawsuit,” Cerbone v. International Ladies’ Garment Workers’ Union, 768 F.2d 45 , 50 (2d Cir.1985); see also English v. Pabst Brewing Co., 828 F.2d 1047, 1049 (4th Cir. 1987), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2037 , 100 L.Ed.2d 621 (1988), thereby “lull[ing him] into a false security,” Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231, 233 , 79 S.Ct. 760, 762 , 3 L.Ed.2d 770 (1959) (quoting Schroeder v. Young, 16…
discussed
Cited "see, e.g."
Cronin v. ITT CORPORATION
Dister v. Continental Group, Inc., 859 F.2d 1108 (2nd Cir.1988) (court upheld dismissal of ADEA complaint without suggesting that there was anything wrong with an enhanced pension program containing an age component for determining eligibility); Cipriano v. Board of Education of City School District, 785 F.2d 51, 59 (2nd Cir.1986) ("such a floor is inherent in any age-based retirement plan within the purview of § [623] 4(f)(2)’’); see also Karlen v. City Colleges of Chicago, 837 F.2d 314, 318 (7th Cir.) cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 622 (1988) ("The protected …
discussed
Cited "see, e.g."
Delwood C. Collins v. Manuel Marina-Martinez
This means, ordinarily, that a tenured employee is “entitled to oral or written notice of the charges against him, an explanation of the employer’s evidence, and an opportunity to present his side of the story.” Loudermill, 470 U.S. at 546 , 105 S.Ct. at 1495 ; see also Kercado-Melendez v. Aponte-Roque, 829 F.2d 255, 263 (1st Cir.1987), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2037 , 100 L.Ed.2d 621 (1988).
Retrieving the full opinion text from the archive…
Elmendorf
v.
Shaler Area School District
v.
Shaler Area School District
No. 87-1714.
Supreme Court of the United States.
Jun 6, 1988.
Pa. Commw. Ct. Certiorari denied.