green
Positive treatment
Quoted verbatim 3×
10.8 score
G Cite
cited 2× by 2 distinct cases, last quoted 1992 ·
…agency decisions that depart from established precedent without a reasoned explanation will be vacated as arbitrary and capricious.
⚠ not in text
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 40 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Bergeron v. Aero Sales, Inc.
abandonment is the voluntary relinquishment of the possession of an object by the owner with the intention of terminating his or her ownership. the intent to abandon must be clear and must be accompanied by some specific act of abandonment.
discussed
Cited as authority (quoted)
Diaz-Resendez v. I.N.S.
agency decisions that depart from established precedent without a reasoned explanation will be vacated as arbitrary and capricious.
discussed
Cited as authority (quoted)
Benedictor Diaz-Resendez v. Immigration & Naturalization Service
agency decisions that depart from established precedent without a reasoned explanation will be vacated as arbitrary and capricious.
cited
Cited "see"
Hayes v. WDL TECHNOLOGIES, INC.
See Patel v. Quality Inn South, 846 F.2d 700, 705-06 (11th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see"
State v. Brown
See State v. Pidcock, 306 Or 335, 340-42 , 759 P2d 1092 (1988), cert den, 489 US 1011 (1989) (lost briefcase; the court concluded that police officers lawfully could search for identification by opening the briefcase and, later, the manila envelopes contained inside it; but “[h]ad the deputies opened the manila envelopes in search of contraband, they would have violated defendant’s state * * * constitutional rights”).
discussed
Cited "see"
Enterprise Leasing Co. of Norfolk/Richmond v. Mepco, Inc. (In Re Mepco, Inc.)
In re Cardian Mortgage Corp., 122 B.R. 255, 258-59 , (Bankr.E.D.Va.1990); In re Crotts, 87 B.R. 418, 420 (Bankr.E.D.Va.1988); See generally, In re FCX, Inc., 853 F.2d 1149 , 1153 (4th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1118 , 103 L.Ed.2d 181 (1989).
discussed
Cited "see"
United States v. Eggen
(2×)
See United States v. Arruza, 26 MJ 234, 237 (CMA 1988), and cases cited therein, cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 183 (1989).
discussed
Cited "see"
Commonwealth v. Ellis
See generally Person v. Miller, 854 F.2d 656, 664 (4th Cir. 1988), cert. denied, 489 U.S. 1011 (1989) (court ‘‘must assume, both because of the general presumption of regularity that attaches to official conduct and because there is no disproof in the record” that United States Attorney was in control of prosecution).
cited
Cited "see"
Dowling v. Slotnik
Fuel Oil Buyers Group, Inc., 134 F.3d 50, 55 (2d Cir. 1997); see Patel v. Quality Inn South, 846 F.2d 700, 704 (11th Cir. 1988), cert. denied, 489 U.S. 1011 , 109 S. Ct. 1120 , 103 L.
discussed
Cited "see"
Morris v. State
(2×)
See State v. Pidcock, 306 Or. 335 , 759 P.2d 1092 , cert. den. 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 183 (1988); State v. Morton, 110 Or.App. 219 , 822 P.2d 148 (1991).
discussed
Cited "see"
American Freight System, Inc. v. Interstate Commerce Commission (In Re American Freight System, Inc.)
See In re FCX, Inc., 853 F.2d 1149 , 1153 (4th Cir.1988), cert. denied, Universal Cooperatives, Inc. v. FCX, Inc., 489 U.S. 1011 , 109 S.Ct. 1118 , 103 L.Ed.2d 181 (1989); In re Schauer, 835 F.2d 1222 , 1225 (8th Cir.1987).
cited
Cited "see"
Tyler v. Prudoff (In Re Prudoff)
See Universal Coops., Inc. v. FCX, Inc. (In re FCX, Inc.), 858 F.2d 1149 , 1153 (4th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1118 , 108 L.Ed.2d 181 (1989).
discussed
Cited "see"
N.A.A.C.P., Detroit Branch v. Detroit Police Officers Ass'n (D.P.O.A.)
See Anthony v. Bowen, 848 F.2d 1278 (D.C.Cir.1988), ce rt. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); S-1 and S-2 v. State Board of Education, 21 F.3d 49 (4th Cir.) (en banc), cert. denied, — U.S.-, 115 S.Ct. 205 , 130 L.Ed.2d 135 (1994); Falcon v. General Tel.
discussed
Cited "see"
Detroit Branch v. Detroit Police Officers Association
See Anthony v. Bowen, 848 F.2d 1278 (D.C.Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); S-1 and S-2 v. State Board of Education, 21 F.3d 49 (4th Cir.) (en banc), cert. denied, --- U.S. ----, 115 S.Ct. 205 , 130 L.Ed.2d 135 (1994); Falcon v. General Tel.
cited
Cited "see"
In Re: Greenbelt Road Second Limited Partnership, Debtor. Theresa Ryan Schrider Charles Joseph Schrider v. Roger Schlossberg, Trustee-Appellee
See Universal Coops., Inc. v. FCX, Inc. ( In re FCX, Inc.), 853 F.2d 1149, 1153 (4th Cir.1988), cert. denied, 489 U.S. 1011 (1989).
cited
Cited "see"
Sanford J. Berger Robert M. Fertel v. Cuyahoga County Bar Association
See Sparks v. Character and Fitness Comm., 859 F.2d 428, 432-34 (6th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 183 (1989).
cited
Cited "see"
State v. Paasch
See State v. Pidcock, 306 Or 335 , 759 P2d 1092 , cert den 489 US 1011 (1988); State v. Morton, 110 Or App 219 , 822 P2d 148 (1990).
cited
Cited "see"
Helen Mayfield v. Michael Francks Dennis Path Ariana Herberg Leslie Healy
See Sparks v. Character and Fitness Comm., 859 F.2d 428, 434 (6th Cir.1988), cert. denied, 489 U.S. 1011 (1989). 5 Accordingly, the district court's judgment is affirmed.
examined
Cited "see"
Disabled American Veterans v. Commissioner of Internal Revenue
(4×)
See Graphic Communications Int’l Union, Local 554 v. Salem-Gravure, 843 F.2d 1490 , 1493 (D.C.Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); Brock v. Williams Enter., 832 F.2d 567, 574 (11th Cir.1987).
discussed
Cited "see"
United States v. Calabrese
See Justice O'Connor's concurring opinion, 455 U.S. at 221 , 102 S.Ct. at 948, which is discussed below 3 See also Person v. Miller, 854 F.2d 656, 664 (4th Cir.1988) ("[T]he doctrine of implied bias is limited in application to those extreme situations where the relationship between a prospective juror and some aspect of the litigation is such that it is highly unlikely that the average person could remain impartial in his deliberations under the circumstances."), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); United States v. Allsup, 566 F.2d 68, 71-72 (9th Cir.1977) (…
discussed
Cited "see"
Jesse T. Duke Sidney W. Fox v. Uniroyal Incorporated Uniroyal Chemical Company, Incorporated, and Norman R. Barden Joseph R. Bishop, (Two Cases) Sidney W. Fox, Jesse T. Duke v. Uniroyal Incorporated Uniroyal Chemical Company, Incorporated, and Norman R. Barden Joseph R. Bishop, Jesse T. Duke Sidney W. Fox v. Uniroyal Incorporated Uniroyal Chemical Company, Incorporated, and Norman R. Barden Joseph R. Bishop
See Person v. Miller, 854 F.2d 656, 665 (4th Cir.1988) (denial of severance motion is an abuse of discretion only if denial deprives defendant of fair trial), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see"
Duke v. Uniroyal Inc.
See Person v. Miller, 854 F.2d 656, 665 (4th Cir.1988) (denial of severance motion is an abuse of discretion only if denial deprives defendant of fair trial), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989).
cited
Cited "see"
American Mining Congress v. United States Environmental Protection Agency
See Environmental Defense Fund v. EPA, 852 F.2d 1316 , 1318-24 (D.C.Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 183 (1989); 1988 Rule, 53 Fed.Reg. at 35,412-13.
discussed
Cited "see, e.g."
Grochocinski v. Crossman (In Re Crossman)
Id. at 494 (quoting In re Schauer, 835 F.2d 1222 , 1225 (8th Cir.1987)); see also In re FCX, 853 F.2d 1149 , 1155 (4th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1118 , 103 L.Ed.2d 181 (1989).
discussed
Cited "see, e.g."
In Re Kansas Personal Communication Services, Ltd.
See also In re FCX, Inc., 853 F.2d 1149 , 1153 (4th Cir.1988), cert. denied, Universal Cooperatives, Inc. v. FCX, Inc., 489 U.S. 1011 , 109 S.Ct. 1118 , 103 L.Ed.2d 181 (1989)(once a property interest has passed to the estate, it is subject to the same limitations imposed upon the debtor by applicable non-bankruptcy law); In re Schauer, 835 F.2d 1222 , 1225 (8th Cir.1987). 44 . § 1124(2). 45 .
discussed
Cited "see, e.g."
Delp v. Douglas
As such, “[sections] 363(b)(1) and 704 are ‘simply enabling statutes that give the trustee the authority to sell or dispose of property if the debtors would have had the same right under state law.’” Integrated Solutions, 193 B.R. at 729 (quoting In re Schauer, 835 F.2d 1222 , 1225 (8th Cir.1987)); see also In re FCX, Inc., 853 F.2d 1149 , 1155 (4th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1118 , 103 L.Ed.2d 181 (1989) (Sections 363(b)(1) and 704 “evince no intent to enlarge the trustee’s rights to take such actions beyond the debtor’s pre-bankruptcy rights.”).
discussed
Cited "see, e.g."
Gonzales v. Thomas
We are looking for similarities that would inherently create in a juror a “substantial emotional involvement, adversely affecting impartiality.” Allsup, 566 F.2d at 71; see Burton, 948 F.2d at 1159 (noting “the inherently prejudicial nature” of the juror’s own situation); see also Person v. Miller, 854 F.2d 656, 664 (4th Cir.1988) (inquiring whether “it is highly unlikely that the average person could remain impartial in his deliberations under the circumstances”), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see, e.g."
Obiora E. Egbuna v. Time-Life Libraries, Incorporated, Equal Employment Opportunity Commission, Amicus Curiae
The court then considered whether the enactment of the IRCA altered the scope of Title VII's protections, and concluded that "Congress did not intend that the IRCA amend or repeal any of the previously legislated protections of the federal labor and employment laws accorded to aliens, documented or undocumented, including the protections of Title VII." Id. at 592-94 ; see also EEOC v. Hacienda Hotel, 881 F.2d 1504 , 1517 n. 10 & n. 11 (9th Cir.1989) (assuming, without deciding, "that the undocumented workers in this case were entitled to the protections of Title VII," but noting that the IRCA …
cited
Cited "see, e.g."
In Re CF & I Fabricators of Utah, Inc.
See, e.g., Universal Coop., Inc. v. FCX, Inc. (In re FCX, Inc.), 853 F.2d 1149 , 1156 (4th Cir.1988), ce rt. denied, 489 U.S. 1011 , 109 S.Ct. 1118 , 103 L.Ed.2d 181 (1989).
discussed
Cited "see, e.g."
Hunter v. Supreme Court of New Jersey
See Cohran, 790 F.Supp. at 1575-1576 ; see also Sparks v. Character and Fitness Committee of Kentucky, 859 F.2d 428 (6th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 183 (1989) (members of Committee on Character and Fitness entitled to judicial immunity).
discussed
Cited "see, e.g."
Integrated Solutions, Inc. v. Service Support Specialties, Inc.
See also In re FCX, Inc., 853 F.2d 1149 , 1155 (4th Cir.1988) (“Neither § 363(b)(1), nor § 704, is an empowering statute in the sense that the new rights or powers for dealing with the property of the estate are created.... [They] evince[] no intent to enlarge the trustee’s rights to take such actions beyond the debt- or’s pre-bankruptcy rights.”), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1118 , 103 L.Ed.2d 181 (1989); In re Bishop College, 151 B.R. 394, 398-399 (Bankr.N.D.Tx.1993); In re Draughon Training Institute, Inc., 119 B.R. 927, 933 (Bankr.W.D.La.1990).
discussed
Cited "see, e.g."
In Re Dow Corning Corp.
But its lesser known exception limits that general rule as follows: “Unless some *441 federal interest requires a different result, there is no reason why [state defined property] interests should be analyzed differently simply because an interested party is involved in a bankruptcy proceeding.” 440 U.S. at 55 , 99 S.Ct. at 918 (emphasis added); see also Foos, 183 B.R. at 157 (“A particular state law will continue to apply ... until there is ‘actual conflict with the system provided by the Bankruptcy [Code]....”’) (quoting from Universal Cooperatives, Inc. v. FCX, Inc. (In re FCX, …
discussed
Cited "see, e.g."
Shelton v. Wallace
Ashbrook, 617 F.2d at 476 ; See Foster, 864 F.2d at 417 (similar); See also, Sparks v. Character and Fitness Committee, 859 F.2d 428 (6th Cir.1988) (appropriate inquiry is whether the function in question is a truly judicial act or an act that simply happens to have been done by judges), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 183 (1989).
discussed
Cited "see, e.g."
United States v. Combs
Cf. United States v. Azure, 801 F.2d 336, 340 (8th Cir.1986); United States v. Arruza, 26 MJ 234, 237 (CMA 1988); see also 26 MJ at 239 (Sullivan, J., concurring in the result) (agreeing that experts may not give their opinion as to a witness’ truthfulness), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 183 (1989).
cited
Cited "see, e.g."
Ruby H. Harris, Sister on Behalf of the Heirs of the Real Estate Lucretia Hand, Deceased v. Heidi Koneig, Referee, Cuyahoga Probate Court
See, e.g., Sparks v. Character and Fitness Comm., 859 F.2d 428, 434 (6th Cir.1988), cert. denied, 489 U.S. 1011 (1989).
discussed
Cited "see, e.g."
Del Rey Tortilleria, Inc. v. National Labor Relations Board
Sure-Tan, 467 U.S. at 912, 104 S.Ct. at 2819 (Brennan, J., dissenting); see also Patel v. Quality Inn South, 846 F.2d 700, 704-05 (11th Cir.1988) (concluding that Fair Labor Standards Act applies to undocumented aliens and permits recovery of unpaid minimum wages), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see, e.g."
Del Rey Tortilleria, Inc. v. National Labor Relations Board
Sure-Tan, 467 U.S. at 912 , 104 S.Ct. at 2819 (Brennan, J., dissenting); see also Patel v. Quality Inn South, 846 F.2d 700, 704-05 (11th Cir.1988) (concluding that Fair Labor Standards Act applies to undocumented aliens and permits recovery of unpaid minimum wages), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 182 (1989). 53 It is true that this policy analysis did not carry the day when applied to the backpay remedy at issue in Sure-Tan.
discussed
Cited "see, e.g."
United States v. Calabrese
See also Person v. Miller, 854 F.2d 656, 664 (4th Cir.1988) ("[T]he doctrine of implied bias is limited in application to those extreme situations where the relationship between a prospective juror and some aspect of the litigation is such that it is highly unlikely that the average person could remain impartial in his deliberations under the circumstances.”), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); United States v. Allsup, 566 F.2d 68, 71-72 (9th Cir.1977) (implied bias justified an excu-sal for cause where ‘‘[t]he potential for substantial emotional invol…
cited
Cited "see, e.g."
O'BRANNON v. State
See also Person v. Miller, 854 F.2d 656 (4th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see, e.g."
Natural Resources Defense Council, Inc. v. Administrator, U.S. Environmental Protection Agency
See 42 U.S.C. § 7409 (a) (imposing even stricter deadlines for initial standards); see also Environmental Defense Fund v. EPA, 852 F.2d 1316 , 1331 (D.C.Cir.1988) (imposing on EPA a schedule for fulfilling its statutory obligations under the Resource Conservation and Recovery Act), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 183 (1989); Sierra Club v. EPA, 719 F.2d 436 , 470 (D.C.Cir.1983) (requiring EPA to fulfill its obligations under the Clean Air Act within six months, the period originally specified by Congress), cert. denied, 468 U.S. 1204 , 104 S.Ct. 3571 , 82 L.Ed.2d 87…
Retrieving the full opinion text from the archive…
Universal Cooperatives, Inc.
v.
FCX, Inc.
v.
FCX, Inc.
No. 88-753.
Supreme Court of the United States.
Feb 21, 1989.
Cited by 5 opinions | Published
Citer courts: Fifth Circuit (2) · Court of Appeals of Oregon (1)
C. A. 4th Cir. Certiorari denied.