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Positive treatment
Quoted verbatim 1×
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“person who is an operator of a facility is not protected from liability by the legal structure of ownership”
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Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Bestfoods
person who is an operator of a facility is not protected from liability by the legal structure of ownership
discussed
Cited as authority (rule)
D.L., Glen Black, Ann Black, Steven Lucas, and K.L., by her Next Friend, D.L. v. Christine Huck, Laura Zimmerman, Angela Smith Grossman, Rhonda Friend, Angyl McClaine, and Indiana Dept. of Child Svcs.
Welfare of Wabash Cnty., 937 F.2d 1172, 1175 (7th Cir. 1991), cert. denied, 502 U.S. 1004 9 (1991), a Seventh Circuit case that is relevant to the case at hand as a CHINS proceeding was the subject of that case as well, and is helpful because the court dissected the various actions underlying the complaint to determine which qualified for immunity.
discussed
Cited "see"
Ortiz v. Jimenez-Sanchez
See Briscoe v. LaHue, 460 U.S. 325, 326 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983); accord Millspaugh v. County Dep’t of Public Welfare, 937 F.2d 1172, 1176 (7th Cir.) cert. denied, 502 U.S. 1004 , 112 S.Ct. 638 , 116 L.Ed.2d 656 (1991); Stem v. Ahearn, 908 F.2d 1, 6 (5th Cir.1990); Meyers v. Contra Costa County Dep’t of Social Serv., 812 F.2d 1154, 1156-57 (9th Cir.), cert. denied, 484 U.S. 829 , 108 S.Ct. 98 , 98 L.Ed.2d 59 (1987).
discussed
Cited "see"
Commonwealth v. Donahue
See In re Condemnation by Urban Redevelopment Auth. of Pittsburgh, 527 Pa. 550, 560 , 594 A.2d 1375, 1380 (providing that decision of planning “commission to designate an area for redevelopment .... is an internal decision made by a government body presumed to perform its duties in good faith and according to law”), cert. denied sub. nom E-V Co. v. Urban Redevelopment Auth. of Pittsburgh, 502 U.S. 1004 , 112 S.Ct. 638 , 116 L.Ed.2d 656 (1991); see also In re Condemnation by Redevelopment Auth. of Lancaster of Real Estate in Lancaster, 682 A.2d 1369, 1372 (Pa.Cmwlth.1996)(“The law presume…
discussed
Cited "see"
Weinberg v. Comcast Cablevision of Philadelphia, L.P.
See Matter of Condemnation by Urban Redevelopment Authority of Pittsburgh, 527 Pa. 550 , 594 A.2d 1375 (1991), cert. denied, 502 U.S. 1004 , 112 S.Ct. 638 , 116 L.Ed.2d 656 (1991) (demonstrating exercise of eminent domain power by local agency, under Pennsylvania’s Urban Redevelopment Law at 35 P.S. §§ 1701-1719.1, to take property to repair urban blight). ¶ 20 With respect to Hill House’s constitutional challenges, the Act makes several provisions for compensation to the landlord for the property that is taken.
discussed
Cited "see"
Davenport v. International Brotherhood of Teamsters
See. e.g., Walker v. Consolidated Freightways Inc., 930 F.2d 376 , 381 (4th Cir.), cert, denied, 502 U.S. 1004 , 112 S.Ct. 636 , 637, 116 L.Ed.2d 654 , 655 (1991) (finding an employer liable to a union for a knowing breach of the collective bargaining agreement); Parker v. Teamsters Local 413, et. al., 501 F.Supp. 440 (S.D.Ohio 1980), modified on appeal, 657 F.2d 269 (6th Cir.1981). 2 .
cited
Cited "see"
Miller v. City of Philadelphia
See Millspaugh v. County Department of Public Welfare of War bash County, 937 F.2d 1172, 1157-77 (7th Cir.), cert. denied, 502 U.S. 1004 , 112 S.Ct. 638 , 116 L.Ed.2d 656 (1991).
discussed
Cited "see"
Knight v. State of Ala.
Accord Reopell v. Com. of Massachusetts, 936 F.2d 12, 15 (1st Cir.1991), (prejudgment interest is recoverable in an action against a state bi’ought pursuant to a federal statute, “provided, of course, the Eleventh Amendment has been effectively abrogated by Congress in respect to the underlying damages award”) cert. denied, 502 U.S. 1004 , 112 S.Ct. 637 , 116 L.Ed.2d 655 (1991).
discussed
Cited "see"
69 Fair empl.prac.cas. (Bna) 1348, 33 fed.r.serv.3d 604 Annette Winbush Marie Clark Harley Cooper Rita Williams Beverly Davis Lisa Sue Voyd Helen Floyd Terrance Jordan Nora Duncan Intervenor-Plaintiffs-Appellees, Frances Carson Intervenor-Plaintiff, Elzie Pittman Intervenor-Plaintiff-Appellee, Carolyn McBride Charles Duncan Billie J. Harmon Edwin Lee Rollins Roberta J. Hubbard Rose Perry Ricardo Hunt Charles Floyd Estate of Patricia Perry Wendell Winbush Maricarol Martin Intervenor-Plaintiffs, Donita Duncan, Intervenor-Plaintiff-Appellee v. State of Iowa, by Glenwood State Hospital William Campbell Rich Bowman Max Moore Richard Crawford
See Reopell v. Massachusetts, 936 F.2d 12, 15 (1st Cir.) ("[I]nterest is includible [against a state defendant] if, under normal litigation principles and rules of statutory construction, a court could have been expected to allow prejudgment interest on the underlying recovery."), cert. denied, 502 U.S. 1004 , 112 S.Ct. 637 , 116 L.Ed.2d 655 (1991); Pegues, 899 F.2d at 1454 ("Congress did not limit the tools with which courts could fashion relief to victims of discrimination perpetrated by state defendants.") (emphasis added). 32 We further reject the defendants' contention that the district c…
discussed
Cited "see"
Winbush v. Iowa
See Reopell v. Massachusetts, 936 F.2d 12, 15 (1st Cir.) (“[I]nterest is includible [against a state defendant] if, under normal litigation principles and rules of statutory construction, a court could have been expected to allow prejudgment interest on the underlying recovery.”), cer t. denied, 502 U.S. 1004 , 112 S.Ct. 637 , 116 L.Ed.2d 655 (1991); Pegues, 899 F.2d at 1454 (“Congress did not limit the tools with which courts could fashion relief to victims of discrimination perpetrated by state defendants.”) (emphasis added).
discussed
Cited "see, e.g."
Jones v. Union Carbide Chemicals and Plastics Co., Inc.
See also Walker v. Teamsters Local 71, 714 F.Supp. 178, 190-94 (W.D.N.C.1989), aff'd in part and rev'd in part, 930 F.2d 376 (4th Cir.), cert. denied, 502 U.S. 1004 (1991) (concluding failure to comply with a constitutional provision requiring a ratification vote is a breach of the duty of fair representation). 30 It must be remembered, moreover, that it was the International which, on April 15, 1991, adopted Official Circular 750, denying "indefinite laid off members" the right to "participate in any matters that have a direct effect on the collective bargaining agreement." 8 (J.A. 228.) The …
Retrieving the full opinion text from the archive…
Crude Co.
v.
Department of Energy
v.
Department of Energy
No. 91-455.
Supreme Court of the United States.
Dec 9, 1991.
Published
Citer courts: Supreme Court (1)
Temp. Emerg. Ct. App. Certiorari denied.