green
Positive treatment
Quoted verbatim 2×
4.5 score
“as to the inadequacy of legal remedies, the eleventh amendment bar to an award of retroactive damages against the clearly establishes that any legal remedy is unavailable and the only relief available is equitable in nature.”
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 10 distinct citers.
examined
Cited as authority (quoted)
City of Carmel v. Martin Marietta Materials, Inc.
as to the inadequacy of legal remedies, the eleventh amendment bar to an award of retroactive damages against the clearly establishes that any legal remedy is unavailable and the only relief available is equitable in nature.
discussed
Cited as authority (quoted)
Harris County v. Gist
rule 56(c) allows a court to grant a summary judgment in favor of a party that did not request it
discussed
Cited "see"
First Puerto Rican Festival of New Jersey, Inc. v. City of Vineland
See Temple University v. White, 941 F.2d 201, 219 (3d Cir.1991), cert. denied, 502 U.S. 1032 , 112 S.Ct. 873 , 116 L.Ed.2d 778 (1992). “[A]t least in noncommercial cases, the court should consider the possible loss to the enjoined party together with the hardship that a bond requirement would impose on the applicant.” Id. (quotation omitted).
discussed
Cited "see"
In the Matter of Dp Partners Ltd. Partnership, Debtor. Hall Financial Group, Inc. v. Dp Partners, Ltd. Partnership Sussex Properties, Inc.
See NL Indus., Inc. v. GHR Energy Corp., 940 F.2d 957 (5th Cir.1991) (holding that an administrative expense claimant need not file a proof of claim under section 501 to be entitled to reimbursement of expenses incurred to benefit the debtor’s estate), cert. denied, 502 U.S. 1032 , 112 S.Ct. 873 , 116 L.Ed.2d 778 (1992). 20 .
discussed
Cited "see"
In Re Pro Set, Inc.
Section 503 provides that an entity may file a request for payment of an administrative expense which the court shall allow after notice and hearing. 11 U.S.C. § 503 . 5 In contrast, the Code directs a creditor to file a proof of claim. 11 U.S.C. § 501 ; see NL Industries, Inc. v. GHR Energy Corp., 940 F.2d 957, 966 (5th Cir.1991) (noting that administrative expense claimants are to file requests for payment rather than proofs of claim), cert. denied, 502 U.S. 1032 , 112 S.Ct. 873 , 116 L.Ed.2d 778 (1992); In re Packard Properties, Ltd., 118 B.R. 61, 63 (Bankr.N.D.Tex.1990) (McGuire, C.J.) (…
discussed
Cited "see"
Hogan v. State
See generally, Annot. 8 A.L.R.4th 16 (1981).' Lewis v. State , 535 So.2d 228 , 235 (Ala.Cr.App. 1988)." Prince v. State , 584 So.2d 889 (Ala.Cr.App. 1991), cert. denied, 502 U.S. 1032 , 112 S.Ct. 873 , 116 L.Ed.2d 778 (1992).
discussed
Cited "see, e.g."
Union Pacific Railroad v. Trona Valley Federal Credit Union
Generally, we have stated that since standing “goes to the existence of a claim for relief and is jurisdictional in nature, it can be raised at any point in the procedure.” Matter of Various Water Rights in Lake DeSmet Reservoir, 623 P.2d 764, 767 (Wyo.1981) (citing Parker v. Bowron, 40 Cal.2d 344 , 254 P.2d 6 (1953)); see also Mekss v. Wyoming Girls’ School, 813 P.2d 185, 205 (Wyo.1991), cert. denied, 502 U.S. 1032 , 112 S.Ct. 872 , 116 L.Ed.2d 777 (1992).
discussed
Cited "see, e.g."
Hill v. Butterworth
See also Temple Univ. v. White, 941 F.2d 201 , 214-15 (3d Cir.1991) (elements of permanent injunction include irreparable harm, success on the merits, inadequacy of legal remedies, and balancing of competing claims of injury and the public interest), cert. denied, 502 U.S. 1032 , 112 S.Ct. 873 , 116 L.Ed.2d 778 (1992). .
discussed
Cited "see, e.g."
Hawksbill Sea Turtle v. Federal Emergency Management Agency
Burlington N. R.R. v. Hyundai Merchant Marine Co., 63 F.3d 1227, 1231-32 (3d Cir. 1995); see also Temple University v. White, 941 F.2d 201, 212 (3d Cir. 1991), cert. denied, 502 U.S. 1032 (1992); O'Leary v. Liberty Mutual Ins.
discussed
Cited "see, e.g."
Finney v. Bransom
See, e.g., NL Industries v. GHR Energy Corp., 940 F2d 957, 963-64 (5th Cir 1991), cert den 502 US 1032 (1992) (two years elapsed between filing of complaint and proposed amendment); Johnson v. Educational Testing Service, 754 F2d 20, 23, 27 (1st Cir), cert den 472 US 1029 (1985) (nine years elapsed between filing of motion for summary judgment and motion to amend); Carroll v. Pittsburgh Steel Co., 103 F Supp 788, 788-90 (WD Pa 1952) (motion to amend filed after court had granted summary judgment, which was 18 months after filing of original complaint).
Mekss
v.
Wyoming Girls' School
v.
Wyoming Girls' School
No. 91-668.
Supreme Court of the United States.
Jan 13, 1992.
Published
Citer courts: Indiana Court of Appeals (1) · S.D. Texas (1)
Sup. Ct. Wyo. Certiorari denied.