green
Positive treatment
Circuit Split
Quoted verbatim 5×
15.5 score
G Cite
cited 2× by 1 distinct case, last quoted 1998 ·
…a good faith belief in the merit of an argument is not sufficient; the attorney's belief must also be in accord with what a reasonable, competent attorney would believe under the circumstances.
⚠ not in text
cited 2× by 2 distinct cases, last quoted 1995 ·
…because of the unique structure of county government in texas ... elected county officials ... hold virtually absolute sway over the particular tasks or areas of responsibility entrusted to him by state statute and is accountable to no one other than the voters for his conduct t…
⚠ not in text
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
McMillian v. Johnson
(2×)
But see Turner v. Upton County, 915 F.2d 133, 136 (5th Cir.1990) (holding that sheriff is county policymaker in area of law enforcement by virtue of election by county voters), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991). 6 Our conclusion that, under Alabama law, law enforcement is an exercise of state power, whereas jail maintenance is an exercise of county power, accords with our other precedent.
discussed
Cited "but see"
McMillian v. Johnson
But see Turner v. Upton County, 915 F.2d 133, 136 (5th Cir. 1990) (holding that sheriff is county policymaker in area of law enforcement by virtue of election by county voters), cert. denied, 498 U.S. 1069 , 111 S. Ct. 788 (1991).6 Our conclusion that, under Alabama law, law enforcement is an exercise of state power, whereas jail maintenance is an exercise of county power, accords with our other precedent.
discussed
Cited "but see"
United States v. Charles L. Lamb
See United States v. Castagnet, 936 F.2d 57, 58-59 (2nd Cir.1991); United States v. McMillen, 917 F.2d 773, 774-75 (3rd Cir.1990); United States v. Hill, 915 F.2d 502, 505 (9th Cir.1990); but see United States v. Ehrlich, 902 F.2d 327, 330 (5th Cir.1990) (reviewing for clear error), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 851 (1991).
examined
Cited as authority (quoted)
Woolf v. Simone
inability to pay what the court would otherwise regard as an appropriate sanction should be treated as reasonably akin to an affirmative defense, with the burden upon the parties being sanctioned to come forward with evidence of their financial status.
discussed
Cited as authority (quoted)
United States v. Allen
where ... the vehicle contains no trunk, the entire inside of the vehicle constitutes the passenger compartment and may be lawfully searched.
examined
Cited as authority (quoted)
Hansen, Jones & Leta, P.C. v. Segal
(2×)
a good faith belief in the merit of an argument is not sufficient; the attorney's belief must also be in accord with what a reasonable, competent attorney would believe under the circumstances.
examined
Cited as authority (quoted)
Jerry Davis v. Ector County, Texas
because of the unique structure of county government in texas ... elected county officials ... hold virtually absolute sway over the particular tasks or areas of responsibility entrusted to him by state statute and is accountable to no one other than the voters for his conduct th…
examined
Cited as authority (quoted)
Jerry DAVIS v. ECTOR COUNTY, TEXAS, et al
because of the unique structure of county government in texas ... elected county officials ... hold virtually absolute sway over the particular tasks or areas of responsibility entrusted to him by state statute and is accountable to no one other than the voters for his conduct th…
cited
Cited "see"
Newbury v. City of Windcrest, Texas
See Turner v. Upton Cty, 915 F.2d 133, 136 (5th Cir. 1990), cert. denied, 498 U.S. 1069 (1991).
discussed
Cited "see"
T & W Funding Co. XII, L.L.C. v. Pennant Rent-A-Car Midwest, Inc.
(2×)
See White v. General Motors Corp. Inc., 908 F.2d 675, 685 (10th Cir.1990), cert. denied 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991). .
discussed
Cited "see"
Kindergartners Count, Inc. v. DeMoulin
(2×)
See White v. General Motors Corp., 908 F.2d 675, 685 (10th Cir.1990), cert. denied 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991). .
discussed
Cited "see"
Andrade v. City of San Antonio
(2×)
See Turner v. Upton County, Texas, 915 F.2d 133, 136 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
Gonzales v. Westbrook
(2×)
See Tuner v. Upton County, 915 F.2d 133, 136 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
Weingarten Realty Investors v. Albertson's, Inc.
(2×)
See Turner v. Upton County, 915 F.2d 133 , 137 n. 6 (5th Cir.1990), ce rt. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991); Villanueva v. McInnis, 723 F.2d 414, 418 (5th Cir.1984).
discussed
Cited "see"
Harris County Children Protective Services v. Richker
(2×)
See 908 F.2d 1, 4-5 (5 th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
Monsanto Co. v. Haskel Trading, Inc.
See United States v. Hon, 904 F.2d 803, 807 (2d Cir.1990) (noting that “Congress’s 1962 amendment. of the ‘likely to confuse’ language in the Lanham Act ‘evinc[ed] a clear purpose to outlaw the use of trademarks which are likely to cause confusion, mistake, or deception of any kind, not merely ... as to source of origin’ ” (citation omitted)), cert. denied, 498 U.S. 1069 , 111 S.Ct. 789 , 112 L.Ed.2d 851 (1991).
discussed
Cited "see"
Landscape Properties, Inc., Debtor in Possession, C. Richard Crockett Crockett & Brown, Pllc v. Joe D. Whisenhunt Robert A. Vogel Richard C. Downing
(2×)
See White v. General Motors Corp., 908 F.2d 675, 685 (10th Cir.1990) (“Inability to pay what the court would otherwise regard as an appropriate sanction should be treated as reasonably akin to an affirmative defense, with the burden upon the parties being sanctioned to come forward with evidence of their financial status.”), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
C. Richard Crockett v. Whisenhunt
See White v. General Motors Corp., 908 F.2d 675, 685 (10th Cir. 1990) ("Inability to pay what the court would otherwise regard as an appropriate sanction should be treated as reasonably akin to an affirmative defense, with the burden upon the parties being sanctioned to come forward with evidence of their financial status."), cert. denied, 498 U.S. 1069 (1991). 12 D.
discussed
Cited "see"
Matsushita Electronics Corp. v. Loral Corp.
(2×)
See White v. General Motors Corp., 908 F.2d 675, 682 (10th Cir.1990) (stating that a reasonable attorney should investigate "obvious affirmative defenses” before filing suit), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991). 24 .
discussed
Cited "see"
Hicks v. Bexar County, Tex.
(2×)
See Turner v. Upton County, Texas, 915 F.2d 133, 136 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
CSU Holdings, Inc. v. Xerox Corp.
(2×)
See Augustine v. Adams, 169 F.R.D. 664 , (D.Kan.1996) (“The sanction to be imposed should be the least severe of those available, which appears adequate to deter and punish the wrongdoer.”) (citing White v. General Motors Corp., Inc., 908 F.2d 675, 685 (10th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991)); Cal Dive, 127 F.R.D. at 215 (court should limit discovery sanctions to the least destructive form).
discussed
Cited "see"
Persyn v. United States
(2×)
See Cooter & Gell, 496 U.S. at 393 , 110 S.Ct. at 2454 ; accord White v. General Motors Corp., 908 F.2d 675, 683 (10th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
Udall v. Federal Deposit Insurance
(2×)
See White v. General Motors Corp., 908 F.2d 675, 684 (10th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991) (the appropriate sanction should be the least severe sanction adequate to deter and punish).
discussed
Cited "see"
ADO FINANCE, AG v. McDonnell Douglas Corp.
(2×)
See White v. General Motors Corp., 908 F.2d 675, 684 (10th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991); Cleveland Demolition Co. v. Azcon Scrap Corp., 827 F.2d 984, 988 (4th Cir.1987); Gregory P. Joseph, Sanctions: The Federal Law of Litigation Abuse § 16(D)(5)(a), at 297 (1994).
discussed
Cited "see"
Gerald Branch-Bey v. Neal Caauwe and Otto Soyk
See Richardson v. Henry, 902 F.2d 414, 416 (5th Cir.1990), cert. denied, 498 U.S. 901 (1990), and cert. denied, 498 U.S. 1069 (1991). 5 The appellant's failure to provide a transcript in the record on appeal, makes it impossible for us to engage in meaningful review.
discussed
Cited "see"
Galen Schrag Merlin Kaufman Michael Maloney Dale McCurry A.J. McCurry Robert McCurry Odel McCurry Cecil McCurry James Meier William G. Schwartz, John R. Nickelson, Individually, and in His Capacity as Administrator of the Estate of Neola Nickelson, James Craig Dodd, Esq. v. Ted Dinges, Jr. Gary Dinges Mark Youngers Charles Brooks Jay Ewing Robert \Bob\" Simpson Bonaventure A. Kreutzer
See White v. General Motors Corp., 908 F.2d 675, 685 (10th Cir.1990)("[T]he sanctioning of a party requires specific findings that the party was aware of the wrongdoing."), cert. denied, 498 U.S. 1069 (1991) 13 In response to Youngers' contention that plaintiffs' counsel failed to conduct a reasonable inquiry or to act reasonably upon the inquiry he did conduct, plaintiffs' counsel merely argued that the district court's order of August 13, 1993, granting summary judgment to Youngers was wrong.
cited
Cited "see"
United States v. Coleman
Id.; see Richardson v. Henry, 902 F.2d 414, 416 (5th Cir.), cert. denied, 498 U.S. 901 (1990) and 498 U.S. 1069 (1991).
discussed
Cited "see"
Kent Anthony Krueger v. Bill Reimer, District Attorney Fred Moore, Judge, Comal County
(2×)
See Turner v. Upton County, 915 F.2d 133, 137-38 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991) (county may be held hable for the acts of district attorney who entered into conspiracy with county sheriff, the ultimate repository of law enforcement power in the county).
discussed
Cited "see"
Krueger v. Reimer
See Turner v. Upton County, 915 F.2d 133, 137-38 (5th Cir. 1990), cert. denied, 498 U.S. 1069 (1991) (county may be held liable for the acts of district attorney who entered into conspiracy with county sheriff, the ultimate repository of law enforcement power in the county).
discussed
Cited "see"
Tolis v. BD. OF SUP'RS OF LA. STATE UNIV. & AGR. & MECHANICAL COLLEGE
(2×)
See Stem v. Ahearn, 908 F.2d 1, 4 (5th Cir.1990), cert. den. 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
cited
Cited "see"
United States v. Campbell
See id. 9 . 902 F.2d 327 (5th Cir.1990), cert. den. 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 851 (1991). 10 .
discussed
Cited "see"
Carol J. Pope, Gwen G. Caranchini v. Federal Express Corporation Danny R. Collins
(2×)
See White v. General Motors Corp., 908 F.2d 675, 685 (10th Cir.1990) (in determining appropriate sanction, the court may consider the wrongdoer’s history, experience and ability, the severity of the violation, the degree to which malice or bad faith contributed to the violation, and other factors), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
Flood v. Hardy
(2×)
See Turner v. Upton County, Tex., 915 F.2d 133, 137 (5th Cir. 1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
Keathley v. Vitale
(2×)
See Turner v. Upton County, Texas, 915 F.2d 133, 136 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991) (discussing various theories of municipal liability under § 1983). 3 .
discussed
Cited "see"
The John G. And Marie Stella Kenedy Memorial Foundation v. Garry Mauro, Commissioner of the General Land Office
(2×)
Will v. Michigan Dep’t of State Police, 491 U.S. 58 , 71 & n. 10, 109 S.Ct. 2304 , 2312 & n. 10, 105 L.Ed.2d 45 (1989); see Stem v. Ahearn, 908 F.2d 1, 4 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991); see also Howlett v. Rose, 496 U.S. 356, 365-66 , 110 S.Ct. 2430, 2437 , 110 L.Ed.2d 332 (1990) .(“Will establishes that the State and the arms of the State, which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit [under § 1983] in either federal or state court.”).
discussed
Cited "see"
John G. and Marie Stella Kenedy Memorial Foundation v. Mauro
(2×)
Will v. Michigan Dep't of State Police, 491 U.S. 58 , 71 & n. 10, 109 S.Ct. 2304 , 2312 & n. 10, 105 L.Ed.2d 45 (1989); see Stem v. Ahearn, 908 F.2d 1, 4 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991); see also Howlett v. Rose, 496 U.S. 356, 365-66 , 110 S.Ct. 2430, 2437 , 110 L.Ed.2d 332 (1990) ("Will establishes that the State and the arms of the State, which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit [under § 1983] in either federal or state court.").
discussed
Cited "see"
Silva v. Witschen
See White v. General Motors Corp., Inc., 908 F.2d 675, 685 (10th Cir. 1990) ("[i]nability to pay what the court would otherwise regard as an appropriate sanction should be treated as reasonably akin to an affirmative defense, with the burden upon the parties being sanctioned to come forward with evidence of their financial status"), cert. denied, 498 U.S. 1069 (1991).
discussed
Cited "see"
Silva v. Witschen
See White v. General Motors Corp., Inc., ___ _____ ___________________________ 908 F.2d 675, 685 (10th Cir. 1990) ("[i]nability to pay what the court would otherwise regard as an appropriate sanction should be treated as reasonably akin to an affirmative defense, with the burden upon the parties being sanctioned to come forward with evidence of their financial status"), cert. denied, 498 U.S. 1069 ____ ______ (1991).
discussed
Cited "see"
Richard Silva v. Peter Witschen, City of East Providence, Stephen Linder
(2×)
See White v. General Motors Corp., Inc., 908 F.2d 675, 685 (10th Cir.1990) ("[i]nability to pay what the court would otherwise regard as an appropriate sanction should be treated as reasonably akin to an affirmative defense, with the burden upon the parties being sanctioned to come forward with evidence of their financial status”), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
examined
Cited "see"
Jane Doe v. Taylor Independent School District, Mike Caplinger in His Official Capacities and Eddy Lankford in His Official and Individual Capacities
(4×)
See Stem v. Ahearn, 908 F.2d 1, 5 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
Doe v. Taylor Independent School Dist.
(2×)
See Stem v. Ahearn, 908 F.2d 1, 5 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
Warden v. E.R. Squibb & Sons, Inc.
(2×)
See White v. General Motors Corp., Inc., 908 F.2d 669 (10th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991).
discussed
Cited "see"
United States v. Patricia Lynn Fisher
See United States v. Ehrlich, 902 F.2d 327, 330-31 (5th Cir.1990), cert. denied, 498 U.S. 1069 , 111 S.Ct. 788 , 112 L.Ed.2d 851 (1991) (embezzlement conviction under 18 U.S.C. § 656 ); see also United States v. Christiansen, 958 F.2d 285, 287-88 (9th Cir.1992) (although embezzlement includes an element of breach of trust, the abuse of trust enhancement requires more culpable conduct than breach of trust and therefore § 3B1.3 applies); United States v. Milligan, 958 F.2d 345, 347 (11th Cir.1992) (same); United States v. Georgiadis, 933 F.2d 1219, 1225 (3d Cir.1991) (abuse of trust as defined…
discussed
Cited "see"
Rea v. Commonwealth
By electing to plead guilty to three charges and not guilty to the remainder, defendant neither “transformed the single prosecution into two separate prosecutions nor captured for himself any special protections against successive prosecutions under the double jeopardy clause.” Id. at 205-06 , 415 S.E.2d at 447 ; see United States v. Quinones, 906 F.2d 924, 928 (2d Cir. 1990), cert. denied, 498 U.S. 1069 (1991); Stevens v. Commonwealth, 14 Va. App. 238 , 415 S.E.2d 881 (1992).
discussed
Cited "see"
Schrob v. Catterson
Other courts have applied this reasoning to denials of absolute immunity, and have similarly held that, where “the availability of [absolute] immunity cannot ... be determined as a matter of law, [the court of appeals] lack[s] jurisdiction over th[e] interlocutory appeal and [is] obliged to dismiss so that the matter may proceed in the trial court.” White v. Frank, 855 F.2d 956, 962 (2d Cir.1988); accord Stem v. Ahearn, 908 F.2d 1, 3 (5th Cir.1990), cert, denied, — U.S. -, 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991); United States v. Yonkers Bd. of Educ., 893 F.2d at 502; Compania Mexicana De…
discussed
Cited "see"
No. 91-5669
But see Craft v. Wipf, 810 F.2d 170, 171-73 (8th Cir.1987). 44 Other courts have applied this reasoning to denials of absolute immunity, and have similarly held that, where "the availability of [absolute] immunity cannot ... be determined as a matter of law, [the court of appeals] lack[s] jurisdiction over th[e] interlocutory appeal and [is] obliged to dismiss so that the matter may proceed in the trial court." White v. Frank, 855 F.2d 956, 962 (2d Cir.1988); accord Stem v. Ahearn, 908 F.2d 1, 3 (5th Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991); United States …
cited
Cited "see"
Smith v. Travis County Education District
See Stem v. Ahearn, 908 F.2d 1, 4 (5th Cir.1990) (citations omitted) cert. denied — U.S. —, 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991); see also Minton v. St.
discussed
Cited "see"
Stevens v. Commonwealth
Walker v. Commonwealth, 14 Va. App. 203, 205 , 415 S.E.2d 446, 447 (1992); see United States v. Quinones, 906 F.2d 924 (2d Cir. 1990), cert. denied, 498 U.S. 1069 (1991); Jeffers v. United States, 432 U.S. 137 (1977).
discussed
Cited "see"
Walker v. Commonwealth
(2×)
See United States v. Quinones, 906 F.2d 924 (2d Cir. 1990), cert. denied, 498 U.S. 1069 (1991).
discussed
Cited "see"
Dotson v. Chester
Accordingly, the Sheriff's strip search policy was Plymouth County's policy, and the County must respond in damages for any injuries inflicted pursuant to that policy. 21 Id. (emphasis in original); see Turner v. Upton County, Tex., 915 F.2d 133, 136 (5th Cir.1990) (concluding that the "county sheriff is the county's final policymaker in the area of law enforcement ... by virtue of the office to which the sheriff has been elected...."), cert. denied, --- U.S. ----, 111 S.Ct. 788 , 112 L.Ed.2d 850 (1991); Zook v. Brown, 865 F.2d 887, 895 (7th Cir.1989) (concluding that by county delegation and …
Retrieving the full opinion text from the archive…
Anderson
v.
State Bar of California
v.
State Bar of California
No. 90-920.
Supreme Court of the United States.
Jan 22, 1991.
Cited by 154 opinions | Published
C. A. 9th Cir. Certiorari denied.