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Top citers, strongest first. 18 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Robert Orchano v. Advanced Recovery, Inc., Defendant-Third-Party-Plaintiff, Bank of New Haven, Defendant-Third-Party-Defendant-Appellee
Finally, although the district court stated that “ ‘the most critical factor in determining the reasonableness of a fee award is the degree of success obtained’ ” and “ ‘the amount of damages awarded as compared to the amount sought,’ ” First Fee Ruling at 5 (quoting Farrar v. Hobby, 506 U.S. at 114, 113 S.Ct. at 574-75 ), and indicated that it had in fact “consider[ed] the degree of success obtained,” Second Fee Ruling at 2, the court provided no explanation as to why Orchano’s success should be viewed as less than 100%.
discussed
Cited "see"
ACLU Nebraska Found. v. CITY OF PLATTSMOUTH, NE.
See Carhart v. Stenberg, 11 F.Supp.2d 1134, 1137-38 (D.Neb.1998) (awarding attorney fees to lead counsel and four supporting lawyers in partial-birth abortion ease) (“That multiple supporting counsel were necessary is proven by the fact that at one hearing, [four lawyers were present for the party opposing the attorney fee award and two lawyers for that party participated in briefing, arguments, and trial responsibilities].”) Regarding whether the 318.2 hours claimed by the lawyers were reasonably expended, the issue “ ‘is not whether hindsight vindicates an attorney’s time expenditu…
cited
Cited "see"
Commonwealth v. Pike
See Commonwealth v. Levasseur, 32 Mass. App. Ct. 629, 635-637 (1992), cert. denied, 506 U.S. 1053 (1993), and authorities therein cited. c.
cited
Cited "see"
New York State Society of Certified Public Accountants v. Eric Louis Associates, Inc.
See Grant v. Martinez, 973 F.2d 96, 101 (2d Cir.1992), cert. denied, 506 U.S. 1053 , 113 S.Ct. 978 , 122 L.Ed.2d 132 (1993).
cited
Cited "see"
In Re Vista Foods USA, Inc.
See Grant v. Martinez, 973 F.2d 96, 99 (2nd Cir.1992), cert. denied, 506 U.S. 1053 , 113 S.Ct. 978 , 122 L.Ed.2d 132 (1993).
discussed
Cited "see"
Marshall v. State of New York Division of State Police
See Grant v. Martinez, 973 F.2d 96 , 101 (2d Cir.1992), cert. denied sub nom., Bethlehem Steel Corp. v. Grant, 506 U.S. 1053 , 113 S.Ct. 978 , 122 L.Ed.2d 132 (1993); Loper v. New York City Police Dept., 853 F.Supp. 716, 723 (S.D.N.Y. 1994).
discussed
Cited "see"
Vasile v. Dean Witter Reynolds Inc.
Other decisions often collapse the various criteria by emphasizing that the crucial element underlying all of these standards is the factual predicate of the several claims asserted, “[f]or it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action, not the legal theory upon which a litigant relies.” Saud v. Bank of New York, 929 F.2d 916, 919 (2d Cir.1991) (quoting Expert Elec., Inc. v. Levine, 554 F.2d 1227 ,1234 (2d Cir.), cert. denied, 434 U.S. 903 , 98 S.Ct. 300 , 54 L.Ed.2d 190 (1977)); accord Woods v. Dunlop Tire Corp., 972 F.2d 36, 39 …
discussed
Cited "see"
Ramirez v. Brooklyn Aids Task Force
For it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action, not the legal theory upon which a litigant relies.” Expert Elec., Inc. v. Levine, 554 F.2d 1227, 1234 (2d Cir.), cert. denied, 434 U.S. 903 , 98 S.Ct. 300 , 54 L.Ed.2d 190 (1977); accord Woods v. Dunlop Tire Corp., 972 F.2d 36, 39 (2d Cir.1992), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir.1989) (res judicata applies to claims arising “from a ‘single core of operative facts’ ”) (citation…
discussed
Cited "see"
Williams v. New York City Housing Authority
(2×)
See Grant v. Martinez, 973 F.2d 96, 99 (2d Cir.1992), cert. denied, 506 U.S. 1053 , 113 S.Ct. 978 , 122 L.Ed.2d 132 (1993).
discussed
Cited "see"
Bonnie & Co. Fashions, Inc. v. Bankers Trust Co.
See Grant v. Martinez, 973 F.2d 96, 99 (2d Cir.1992), cert. denied, 506 U.S. 1053 , 113 S.Ct. 978 , 122 L.Ed.2d 132 (1993); Algie v. RCA Global Communications, Inc., 891 F.Supp. 875, 894 (S.D.N.Y.1994).
discussed
Cited "see"
Allen v. Westpoint-Pepperell, Inc.
See Defendants’ Trial Memorandum at 1-4 (citing Woods v. Dunlop Tire Corp., 972 F.2d 36, 38 (2d Cir.1992) (doctrine of claim preclusion bars all attempts to litigate issues that were or could have been litigated at a prior proceeding), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993)).
discussed
Cited "see"
Allen v. WestPoint-Pepperell, Inc.
See Defendants’ Trial Memorandum at 1 — 4 (citing Woods v. Dunlop Tire Corp., 972 F.2d 36, 38 (2d Cir.1992) (doctrine of claim preclusion bars all attempts to litigate issues that were or could have been litigated at a prior proceeding), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993)).
discussed
Cited "see, e.g."
Overview Books, LLC v. United States
See also Woods v. Dunlop Tire Corp., 972 F.2d 36, 39 (2d Cir.1992) (“It is this identity of facts surrounding the occurrence which constitutes the cause of action, not the legal theory upon which [plaintiffs] chose to frame [their] complaint.”), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993); Berlitz Schs. of Languages of Am., Inc. v. Everest House, 619 F.2d 211 , 215 (2d Cir.1980) (“[W]hatever legal theory is advanced, when the factual predicate upon which claims are based are substantially identical, the claims are deemed to be duplicative for purposes of res judi…
cited
Cited "see, e.g."
Commonwealth v. Martin
Compare Commonwealth v. Levasseur, 32 Mass. App. Ct. 629, 636-637 (1992), cert. denied, 506 U.S. 1053 (1993).
discussed
Cited "see, e.g."
In Re Red Dot Scenic, Inc.
See, e.g., Woods v. Dunlop Tire Corp., 972 F.2d 36, 38-9 (2d Cir.1992), ce rt. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993); 18 Moore’s Federal Practice 3d, § 121.20[2] at 131— 43-5 (preclusive effect of prior judgment depends on whether the same transaction or connected series of transactions is at issue in later litigation). 9 Conclusion For the foregoing reasons, the Trustee’s claim objection is granted and Carroll’s claim is disallowed; provided that if Carroll has previously satisfied the judgment, with interest, in the adversary proceeding, section 502(d) of th…
discussed
Cited "see, e.g."
Walker v. Envirotest Systems, Inc.
The Court acknowledged the unfairness of its decision on the plaintiff, 3 but held that the crucial factor was that she had chosen to submit her case to the state courts for review. 4 Id.; see also Woods v. Dunlop Tire Corp., 972 F.2d 36, 38-40 (2d Cir.1992) (holding that plaintiffs Title VII claim was barred by res judicata based upon plaintiffs bringing a prior federal action under the Labor Management Relations Act, even though plaintiff had not obtained a right-to-sue letter from the EEOC at the time the LMRA action was commenced), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d …
discussed
Cited "see, e.g."
Borg-Warner Protective Services Corp. v. Guardsmark, Inc.
Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752, 769 , 104 S.Ct. 2731, 2740 , 81 L.Ed.2d 628 (1984); see also Guzowski v. Hartman, 969 F.2d 211 (6th Cir.1991), cert. denied, 506 U.S. 1053 , 113 S.Ct. 978 , 122 L.Ed.2d 132 (1993); Potters Medical Center v. City Hospital Ass’n., 800 F.2d 568, 573 (6th Cir.1986).
discussed
Cited "see, e.g."
Guam Society of Obstetricians & Gynecologists v. Ada
See, e.g., Grant v. Martinez, 973 F.2d 96, 100 (2nd Cir.1992) (recognizing a “strong presumption” that lodestar represents a reasonable fee, but noting that other considerations may lead to upward or downward departure from lodestar), cert. denied, 506 U.S. 1053 , 113 S.Ct. 978 , 122 L.Ed.2d 132 (1993); Shipes v. Trinity Industries, 987 F.2d 311, 323 (5th Cir.1993) (recognizing that enhancement for results obtained may be warranted), cert. denied, 510 U.S. 991 , 114 S.Ct. 548 , 126 L.Ed.2d 450 (1993); Velazquez Heman- dez v. Morales, 810 F.Supp. 25, 28 (D.P.R.1992) (in exceptional case, co…
Retrieving the full opinion text from the archive…
Pepper Burns Insulation, Inc.
v.
Artco Contracting, Inc.
v.
Artco Contracting, Inc.
No. 92-814.
Supreme Court of the United States.
Jan 11, 1993.
Published
C. A. 4th Cir. Certiorari denied.