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Top citers, strongest first. 50 distinct citers.
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discussed
Cited as authority (quoted)
Baerga-Suárez v. United States
it is not enough merely to mention a possible argument in the most skeletal way, leaving the court to do counsel's work ... 'judges are not expected to be mind readers.
discussed
Cited as authority (quoted)
Carol L. Kirchner GAFFORD, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Appellee
(2×)
also: Cited "see, e.g."
judges are not expected to be mindreaders. consequently, a litigant has an obligation "to spell out its arguments squarely and distinctly," or else forever hold its peace.
discussed
Cited "see"
Muhammad Rais v. Eric Holder, Jr.
See United States v. Elder, 90 F.3d 1110, 1118 (6th Cir.1996) (“[I]t is a ‘settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.’”) (quoting United States v. Zannino, 895 F.2d 1, 17 (1st Cir.1990), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990)).
discussed
Cited "see"
Conservation Law Foundation, Inc. v. Jackson
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.1990) (“It is not enough merely to mention a possible argument in the most skeletal way, leaving the court to do counsel’s work.”), cert, denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
cited
Cited "see"
Berkshire Medical Center, Inc. v. U.W. Marx, Inc.
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
cited
Cited "see"
Tayag v. Lahey Clinic Hospital, Inc.
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert, denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
discussed
Cited "see"
United States v. Santiago-Vazquez
(2×)
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 (1990).
discussed
Cited "see"
Nollet v. Justices, Trial
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (reciting that "issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived"), cert. denied, 494 U.S. 1082 (1990).
discussed
Cited "see"
United States of America, Plaintiff-Appellee/cross-Appellant v. Rosalind K. Reed, Defendant-Appellant/cross-Appellee
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (noting the “settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived”), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
discussed
Cited "see"
Geissal v. Moore Medical Corp.
See Oakley v. City of Longmont, 890 F.2d 1128, 1133 (10th Cir.1989), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990). 6 Scrutinizing the disputed language "in light of the entire legislative scheme" enacted by Congress, id. at 1132-33, the Tenth Circuit concluded that the statute "contemplates continuation coverage to remain available to the covered employee despite a spouse's preexisting insurance policy," id. at 1133.
discussed
Cited "see"
Noonan v. Rauh
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) ("issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived"), cert. denied, 494 U.S. 1082 (1990). 8 trial testimony that the Rauhs always paid their household expenses from their joint accounts (i.e. the accounts were mere "convenience" accounts), and argues that her testimony conclusively rebutted any presumption that the Debtor intended to give Mrs. Rauh a beneficial interest in the deposited funds.
discussed
Cited "see"
Noonan v. Rauh
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) ("issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived”), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990). 5 .
discussed
Cited "see"
Bonnie L. Geissal v. Moore Medical Corp.
See Oakley v. City of Longmont, 890 F.2d 1128, 1133 (10th Cir.1989), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990). 6 Scrutinizing the disputed language “in light of the entire legislative scheme” enacted by Congress, id. at 1132-33, the Tenth Circuit concluded that the statute “contemplates continuation coverage to remain available to the covered employee despite a spouse’s preexisting insurance policy,” id. at 1133.
discussed
Cited "see"
Kerrigan v. Commissioner
See United States v. ___ _____________ Zannino, 895 F.2d 1, 17 (1st Cir.) ("[I]issues adverted to in _______ a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived."), cert. denied, ____________ 494 U.S. 1082 (1990).
discussed
Cited "see"
Kerrigan v. Commissioner
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) ("[I]issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived."), cert. denied, 494 U.S. 1082 (1990). 2 Dismissed in part; affirmed in part.
discussed
Cited "see"
United States v. Hardy
See ___ United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (invoking _____________ _______ "the settled appellate rule that issues adverted to in a perfunc- tory manner, unaccompanied by some effort at developed argumenta- tion, are deemed waived"), cert. denied, 494 U.S. 1082 (1990). _____ ______ Nor do we discern a sound basis in reason or common sense. 21 United States v. Guthrie, 931 F.2d 564, 572-73 (9th Cir. 1991) ______________ _______ (noting that vacated convictions may be considered under 4A1.3); accord, e.g., Fahm, 13 F.3d at 451 n.3 (affirming use of ______ ____ ____ uncharged and…
discussed
Cited "see"
United States v. Hardy
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (invoking “the settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived”), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
cited
Cited "see"
Cmm Cable Rep, Inc., D/B/A Creative Media Management, Inc. v. Ocean Coast Properties, Inc., D/b/a/ Wpor-Fm, Robert Gold, Individually and Officially as General Manager, Graphics North, Inc. And James Spizuoco, Cmm Cable Rep, Inc., D/B/A Creative Media Management, Inc. v. Ocean Coast Properties, Inc., D/b/a/ Wpor-Fm, Robert Gold, Individually and Officially as General Manager, Graphics North, Inc. And James Spizuoco
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
cited
Cited "see"
CMM Cable Rep, Inc. v. Ocean Coast Properties, Inc.
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
cited
Cited "see"
McCue v. City of Rochester
See United States v. Zannino, 8 95 F.2d 1, 17 (1st Cir.), cert, denied, 494 U.S. 1082 (1990). 19 exculpatory information with additional allegations of injury caused by imprisonment.
discussed
Cited "see"
Dodi v. The Putnam Companies
See ___ United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. ______________ _______ _____ denied, 494 U.S. 1082 (1990). ______ -5- the statement from the Opposition or the paragraph in the second affidavit.
cited
Cited "see"
Dodi v. The Putnam Companies
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 (1990) 2 Dodi argues that proof of pretext is not always required.
discussed
Cited "see"
Thomas v. Chater
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) ("It is not enough merely to mention a possible argument in the most skeletal way, leaving the court to do counsel's work, create the ossature for the argument, and put flesh on its bones."), cert. denied, 494 U.S. 1082 , 108 L.
discussed
Cited "see"
Damon v. Sun Company, Inc.
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) ("[W]e see no reason to abandon the settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived."), cert. denied, 494 U.S. 1082 (1990). 12 That section provides, in pertinent part: Any person receiving . . . a demand for relief who . . . makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning its rejection and thereby limit any recovery to the relief tender…
discussed
Cited "see"
Damon v. Sun Company, Inc.
See United States v. Zannino, 895 F.2d 1 , 17 ___ _____________ _______ (1st Cir.) ("[W]e see no reason to abandon the settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived."), cert. denied, 494 U.S. 1082 (1990). ____________ 12 That section provides, in pertinent part: Any person receiving . . . a demand for relief who . . . makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning its rejection and thereby…
discussed
Cited "see"
Roy R. Damon and Eleanor M. Damon v. Sun Company, Inc., Roy R. Damon and Eleanor M. Damon v. Sun Company, Inc.
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) ("[W]e see no reason to abandon the settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.”), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990). 12 .
cited
Cited "see"
United States v. Schaefer
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (admonishing that matters neither briefed nor argued are waived), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990). 9 .
discussed
Cited "see"
United States v. Schaefer
See United States v. Zannino, 895 F.2d 1 , ___ _____________ _______ 17 (1st Cir.) (admonishing that matters neither briefed nor argued are waived), cert. denied, 494 U.S. 1082 (1990). _____ ______ 17 bound by the rules of evidence except those with respect to privileges," in deciding "[p]reliminary questions concerning . . . the admissibility of evidence") & 1101(d)(1) (declaring the Evidence Rules inapplicable to "[t]he determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court").
discussed
Cited "see"
United States v. Mitchell
See United States v. ___ _____________ Zannino, 895 F.2d 1, 17 (1st Cir.) (applying "the settled _______ appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived."), cert. denied, 494 U.S. 1082 (1990).
discussed
Cited "see"
United States v. Mitchell
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (applying “the settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.”), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
discussed
Cited "see"
Cash Energy, Inc. v. Weiner, Etc.
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) ("[I]ssues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived."), cert. denied, 494 U.S. 1082 (1990) 4 In addition to affidavits, Rule 56 allows a party to support or oppose summary judgment with pleadings, depositions, answers to interrogatories, and admissions on file.
discussed
Cited "see"
Cash Energy, Inc. v. Weiner, Etc.
See United States v. ___ ______________ Zannino, 895 F.2d 1, 17 (1st Cir.) ("[I]ssues adverted to in _______ a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived."), cert. denied, _____ ______ 494 U.S. 1082 (1990). -6- 6 the adverse party's response, by affidavits or as otherwise provided in this rule,4 must set forth specific facts showing there is a genuine issue for trial." Fed.
discussed
Cited "see"
Argencourt v. United States
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) ("[Ijssues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.”), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
discussed
Cited "see"
Argencourt v. United States
See United States v. ___ ______________ Zannino, 895 F.2d 1, 17 (1st Cir.) ("[I]ssues adverted to in _______ a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived."), cert. denied, _____ ______ 494 U.S. 1082 (1990).
cited
Cited "see"
United States v. Ecker
See United States v. Zannino, 895 F.2d 1, 17 (1st ___ _____________ _______ Cir.) (arguments not raised squarely are waived), cert. _____ denied, 494 U.S. 1082 (1990). ______ -5- 5 II.
cited
Cited "see"
United States v. Ecker
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (arguments not raised squarely are waived), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
cited
Cited "see"
United States v. Valle
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990). 2 .
discussed
Cited "see"
United States v. Valle
See United States v. ___ ______________ Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 _______ _____ ______ (1990). 6 expressed a desire to stay silent nor requested counsel) and rejected the appellant's contradictory version of his interaction with the police.
discussed
Cited "see"
United States v. Piper
(2×)
See United States v. Zannino, 895 F.2d ___ _____________ _______ 1, 17 (1st Cir.) (explaining that issues not briefed and argued are deemed abandoned), cert. denied, 494 U.S. 1082 (1990). _____ ______ 13 questions.
discussed
Cited "see"
United States v. George Labonte, United States of America v. David E. Piper, United States of America v. Alfred Lawrence Hunnewell, Stephen Dyer v. United States
(2×)
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990). 72 B.
examined
Cited "see"
United States v. Hunnewell
(4×)
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990).
cited
Cited "see"
McClary v. Pepe
See ___ United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. ______________ _______ _____ denied, 494 U.S. 1082 (1990). ______ district court is affirmed. ________ -2-
cited
Cited "see"
McClary v. Pepe
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 (1990)
discussed
Cited "see"
United States v. DeGrandis
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), ___ _____________ _______ cert. denied 494 U.S. 1082 (1980) (claims raised in _____ ______ conclusory fashion, unsupported by developed argumentation, are deemed waived). -2- 2 DeGrandis argues, however, that 5H1.12 effected a substantive change to the Guidelines subsequent to his offense, and therefore its application to him was a violation of the Ex Post Facto Clause of the Constitution.
discussed
Cited "see"
United States v. DeGrandis
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied 494 U.S. 1082 (1980) (claims raised in conclusory fashion, unsupported by developed argumentation, are deemed waived) 3 In order to assume that such authority existed, we must further assume that lack of youthful guidance was a permissible ground for departure at the time of the bank robbery, and therefore the application of Guideline Sec. 5H1.12, which was in effect at the time of sentencing but not at the time of the offense, would violate the Ex Post Facto Clause 4 Once again, we assume but do not decide that such a depar…
discussed
Cited "see"
United States v. Gertner
See United ___ ______ States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (discussing a ______ _______ litigant's obligation to spell out its arguments squarely and distinctly in the trial court), cert. denied, 494 U.S. 1082 _____ ______ (1990); Patterson-Leitch Co. v. Massachusetts Mun.
discussed
Cited "see"
United States v. Gertner
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (discussing a litigant's obligation to spell out its arguments squarely and distinctly in the trial court), cert. denied, 494 U.S. 1082 (1990); Patterson-Leitch Co. v. Massachusetts Mun.
cited
Cited "see"
United States v. Jaime Catano, United States v. Michael Murray, United States v. Leonel Catano, United States v. James Murray
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 (1990).
discussed
Cited "see"
United States v. Nancy Gertner, Etc., John Doe, Intervenor
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.) (discussing a litigant’s obligation to spell out its arguments squarely and distinctly in the trial court), cert. denied, 494 U.S. 1082 , 110 S.Ct. 1814 , 108 L.Ed.2d 944 (1990); Paterson-Leitch Co. v. Massachusetts Mun.
discussed
Cited "see"
Simanonok v. United States
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082 (1990) (claims are deemed waived if they are merely adverted to in a perfunctory fashion without any attempt at developed argumentation). 13 C.
Retrieving the full opinion text from the archive…
Guerrero
v.
United States
v.
United States
No. 89-1429.
Supreme Court of the United States.
Apr 16, 1990.
494 U.S. 1082
Published
Citer courts: Sixth Circuit (1) · D. Puerto Rico (1)
C. A. 10th Cir. Certiorari denied.