green
Positive treatment
Quoted verbatim 2×
5.6 score
“t is well-established that we may reconsider earlier ninth circuit precedent only by en banc review or after an intervening supreme court decision.”
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
cited
Cited "but see"
Oliverio Martinez v. City of Oxnard Oxnard Police Department Art Lopez, Chief Maria Pena Andrew Salinas Ron Zavala, and Ben Chavez
But see Cooper v. Dupnik, 963 F.2d 1220, 1244-45 (9th Cir.1992) (en banc), cert. denied, 506 U.S. 953 , 113 S.Ct. 407 , 121 L.Ed.2d 332 (1992).
discussed
Cited as authority (quoted)
Save Our Cumberland Mountains v. Norton
agency decisions are set aside only if they are 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
discussed
Cited as authority (quoted)
Francisco Valencia-Enriquez v. Immigration and Naturalization Service
t is well-established that we may reconsider earlier ninth circuit precedent only by en banc review or after an intervening supreme court decision.
discussed
Cited "see"
Smith v. Bowers
See Local 1814, Int’l Longshoremen’s Ass’n v. New York Shipping Ass’n, 965 F.2d 1224 (2d Cir.1992), cert. denied, 506 U.S. 953 , 113 S.Ct. 406 , 121 L.Ed.2d 331 (1992) (holding that the civil enforcement provisions of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-68 , took precedence over the prohibitions of the NLA).
discussed
Cited "see"
James Lingler and Jeffrey Gezymalla v. John R. Fechko
See Cooper v. Dupnik, 963 F.2d 1220, 1238-44 (9th Cir.) (en banc), cert. denied, 506 U.S. 953 , 113 S.Ct. 407 , 121 L.Ed.2d 332 (1992) (holding that an exaction of incriminating statements from a member of the public in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), was actionable under § 1983 and the Fifth Amendment despite the fact that the statements were not used against the declarant in any criminal case).
discussed
Cited "see"
Disclosure to the Government, During the Guilt Phase of a Trial, of the Results of a Court-Ordered Mental Examination
See Cooper v. Dupnik, 963 F.2d 1220 (9th Cir.) (en banc) (holding that § 1983 claim for infringement of privilege against self-incrimination was stated by allegations that the plaintiffs statements were compelled, although the statements were never used), cert, denied, 506 U.S. 953 (1992).
cited
Cited "see"
Tana J. Waid v. Merrill Area Public Schools, Dr. Strand Wedul and James Boettcher
See Tucker v. United States Dept. of Commerce, 958 F.2d 1411 , 1413 (7th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 407 , 121 L.Ed.2d 332 (1992).
discussed
Cited "see"
Munitions Carriers Conference, Inc. v. United States
See Essex Electro Engineers, Inc. v. United States, 960 F.2d 1576 (Fed.Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (holding that Federal Acquisition Regulations inter *337 preting the Contracts Dispute Act were exempt from § 553). 1 In one ease, the D.C.
discussed
Cited "see"
Montauk Oil Transportation Corporation v. Steamship Mutual Underwriting Association (Bermuda) Limited
See Local 1814, Int’l Longshoremen’s Ass’n. v. New York Shipping Ass’n., Inc., 965 F.2d 1224, 1232 (2d Cir.1992) (“Arbitration is a contractual right ....”), cert. denied, 506 U.S. 953 , 113 S.Ct. 406 , 121 L.Ed.2d 331 (1992); cf. Morewitz, 62 F.3d at 1364 (“Arbitration is clearly an affirmative defense_”).
discussed
Cited "see, e.g."
United States v. Garcia
The privilege against self-incrimination protects the individual from being compelled to incriminate himself in any matter; it does not distinguish degrees of incrimination.” Miranda v. Arizona, 384 U.S. 436, 476 , 86 S.Ct. 1602, 1629 , 16 L.Edüd 694 (1966). “‘The privilege afforded not only extends to answers that would in themselves support a conviction ... but likewise embraces those which would furnish a link in the chain of evidence needed to prosecute....’” Malloy v. Hogan, 378 U.S. 1, 11 , 84 S.Ct. 1489, 1495 , 12 L.Ed.2d 653 (1964) (quoting Hoffman v. United States, 341 U.S.…
discussed
Cited "see, e.g."
Krell v. Prudential Insurance
The court's line of reasoning would render any objection meritless, and consequently we reject it. . "[I]t is widely recognized that courts without jurisdiction to hear certain claims have the power to release those claims as part of a judgment.” Grimes, 17 F.3d at 1563 ; see also Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1287-88 (9th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (noting that the weight of authority holds that a federal court may release claims which are not in the complaint provided they are based on the "same factual predicate”).
discussed
Cited "see, e.g."
In Re: The Prudential Insurance Company Of America Sales Practices Litigation
The court's line of reasoning would render any objection meritless, and consequently we reject it. 82 "[I]t is widely recognized that courts without jurisdiction to hear certain claims have the power to release those claims as part of a judgment." Grimes, 17 F.3d at 1563 ; see also Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1287-88 (9th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992) (noting that the weight of authority holds that a federal court may release claims which are not in the complaint provided they are based on the "same factual predicate").
discussed
Cited "see, e.g."
Restore et al v. US Dept. Agriculture
The Tenth Circuit has repeatedly articulated the test for whether a particular action is related to other actions with cumulatively significant impacts as whether the actions were "so interdependent that it would be unwise or irrational to complete one without the others." Id., (guoting Park County Resource Council, Inc. v. United States Dep't of Aqric., 817 F.2d 609 , 623 (10th Cir. 1987), overruled on other grounds by Village of Los Ranchos De Albuguergue v. Marsh, 956 F.2d 970 , 973 (10th Cir.), cert. denied 506 U.S. 817 (19 92)); see also Communities, Inc. v. Busev, 956 F.2d 619 , 627 (6th…
discussed
Cited "see, e.g."
United States v. Lee
The privilege against self-incrimination protects the individual from being compelled to incriminate himself in any matter; it does not distinguish degrees of incrimination.” Miranda v. Arizona, 384 U.S. 436, 476 , 86 S.Ct. 1602, 1629 , 16 L.Ed.2d 694 (1966). “‘The privilege afforded not only extends to answers that would in themselves support a conviction ... but likewise embraces those which would furnish a link in the chain of evidence needed to prosecute----’ ” Malloy v. Hogan, 378 U.S. 1, 11 , 84 S.Ct. 1489, 1495 , 12 L.Ed.2d 653 (1964) (quoting Hoffman v. United States, 341 U.S…
discussed
Cited "see, e.g."
Orozco v. County of Monterey
See, e.g., Wiley v. Doory, 14 F.3d 993 (4th Cir.1994) (canvassing cases from various circuits), appeal after remand sub nom Wiley v. Mayor and City Council of Baltimore, 48 F.3d 773 , and cert. denied, — U.S.-, 116 S.Ct. 89 , 133 L.Ed.2d 45 (1995); Singer v. Maine, 49 F.3d 837 (1st Cir.1995) (privilege not violated where plaintiff did not claim privilege, was not threatened with dismissal, and was not asked to waive immunity); Wiley v. Mayor and City Council of Baltimore, 48 F.3d 773 (4th Cir.) (privilege not violated where plaintiffs not ásked to waive privilege and questions posed were na…
discussed
Cited "see, e.g."
Flanagan v. Ahearn (In re Astestos Litigation)
See, e.g., Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1288 (9th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992); Nottingham Partners v. Trans-Lux Corp., 925 F.2d 29, 34 (1st Cir. 1991).
cited
Cited "see, e.g."
Continental Casualty v. Rudd
See, e.g., Class Plaintiffs v. City of Seattle, 955 F.2d 1268 , 1288 (9th Cir.), cert. denied, 506 U.S. 953 (1992); Nottingham Partners v. Trans-Lux Corp., 925 F.2d 29, 34 (1st Cir. 1991).
discussed
Cited "see, e.g."
In Re Asbestos Litigation
See, e.g., Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1288 (9th Cir.), cert. denied, 506 U.S. 953 , 113 S.Ct. 408 , 121 L.Ed.2d 333 (1992); Nottingham Partners v. Trans-Lux Corp., 925 F.2d 29, 34 (1st Cir.1991).
discussed
Cited "see, e.g."
Ortez v. Washington County
Police Dep’t, 40 F.3d 1041, 1044 (9th Cir.1994) (stating that “[discharge assumes constitutional dimension when the employee has a property interest in continued employment, or a liberty interest in not being defamed, as a result of which [ ]he may not be terminated without due process”); see also Cooper v. Dupnik, 924 F.2d 1520, 1532 (9th Cir.1991), aff'd 963 F.2d 1220 (9th Cir.) (en banc), cert. denied, 506 U.S. 953 , 113 S.Ct. 407 , 121 L.Ed.2d 332 (1992); Brady v. Gebbie, 859 F.2d 1543, 1547-48, 1552 (9th Cir.1988), ce rt. denied, 489 U.S. 1100 , 109 S.Ct. 1577 , 103 L.Ed.2d 943 (198…
discussed
Cited "see, e.g."
71 Fair empl.prac.cas. (Bna) 584, 68 Empl. Prac. Dec. P 44,170, 97 Cal. Daily Op. Serv. 5069, 96 Daily Journal D.A.R. 8191 Robert T. Ortez, Sr. v. Washington County, State of Oregon John Junkin, County Attorney Michelle Barrerr, County Attorney Charles Cameron, County Administrator and Susan Wilson, County Supervisor
Police Dep't, 40 F.3d 1041, 1044 (9th Cir.1994) (stating that "[d]ischarge assumes constitutional dimension when the employee has a property interest in continued employment, or a liberty interest in not being defamed, as a result of which [ ]he may not be terminated without due process"); see also Cooper v. Dupnik, 924 F.2d 1520, 1532 (9th Cir.1991), aff'd 963 F.2d 1220 (9th Cir.) (en banc), cert. denied, 506 U.S. 953 , 113 S.Ct. 407 , 121 L.Ed.2d 332 (1992); Brady v. Gebbie, 859 F.2d 1543, 1547-48, 1552 (9th Cir.1988), cert. denied, 489 U.S. 1100 , 109 S.Ct. 1577 , 103 L.Ed.2d 943 (1989).
Retrieving the full opinion text from the archive…
DCP Farms
v.
Secretary of Agriculture
v.
Secretary of Agriculture
No. 92-124.
Supreme Court of the United States.
Nov 2, 1992.
506 U.S. 953
Published
Citer courts: Ninth Circuit (1) · E.D. Tennessee (1)
C. A. 5th Cir. Certiorari denied.