green
Positive treatment
Quoted verbatim 4×
14.8 score
G Cite
cited 2× by 1 distinct case, last quoted 1996 ·
…n construing regulations, the general rules of statutoiy construction apply
⚠ not in text
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 38 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Metropolitan District Commission v. American Federation of State, County & Municipal Employees, Council 4, Local 184
(2×)
n construing regulations, the general rules of statutoiy construction apply
discussed
Cited as authority (quoted)
Ann Brunet v. City Of Columbus, Ohio
(2×)
also: Cited "see"
brunet i
discussed
Cited "see"
131 Beach Road, LLC v. Town Plan & Zoning Commission
(2×)
See Smith v. Zoning Board of Appeals, 227 Conn. 71, 86 , 629 A.2d 1089 (1993) (hold- ing that legal authority to enact zoning regulations for protection of ‘‘ ‘public health and safety’ ’’ includes con- sideration of environmental factors, which, in turn, includes historical factors), cert. denied, 510 U.S. 1164 , 114 S. Ct. 1190 , 127 L.
cited
Cited "see"
Tatas v. Ali Baba's Terrace, Inc.
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir. 1993), cert. denied, 510 U.S. 1164 (1994).
discussed
Cited "see"
Argyle Realty Associates v. New York State Division of Human Rights
Indeed, as the Second Circuit has noted, “it is ordinarily an abuse of discretion not to include pre-judgment interest in a back-pay award” (Clarke v Frank, 960 F2d 1146, 1153-1154 [1992], quoting Donovan v Sovereign Sec., Ltd., 726 F2d 55, 58 [1984]; see Saulpaugh v Monroe Community Hosp., 4 F3d 134, 145 [1993], cert denied 510 US 1164 [1994]).
discussed
Cited "see"
Lewis v. Planning & Zoning Commission
(2×)
See Smith v. Zoning Board, of Appeals, 227 Conn. 71, 98 , 629 A.2d 1089 (1993) (“[i]f the commission enacts subdivision regulations that exclusively concern zoning power, or if the subdivision regulations directly conflict, with a zoning power . . . the subdivision regulation [is] invalid”), cert. denied, 510 U.S. 1164 , 114 S. Ct. 1190 , 127 L.
discussed
Cited "see"
Heithaus v. Planning & Zoning Commission
(2×)
See Smith v. Zoning Board of Appeals, 227 Conn. 71,96-97 , 629 A.2d 1089 , cert. denied, 510 U.S. 1164 , 114 S. Ct. 1190 , 127 L.
discussed
Cited "see"
Leydon v. Town of Greenwich
(2×)
See Smith v. Zoning Board of Appeals, 227 Conn. 71, 82 , 629 A.2d 1089 (1993), cert. denied, 510 U.S. 1164 , 114 S. Ct. 1190 , 127 L.
discussed
Cited "see"
Laurel Beach Assn. v. Milford Zoning Brd., No. Cv99 06 58 98 (Mar. 15, 2000)
(2×)
See Smith v. Zoning Board of Appeals , 227 Conn. 71 , 80 , 629 A.2d 1089 , cert. denied, 510 U.S. 1164 , 114 S.Ct. 1190 , 127 L.Ed.2d 540 (1994); Frito-Lay, Inc. v. Planning Zoning Commission , supra, 206 Conn. 573 V DISCUSSION The association alleges that the board acted illegally, arbitrarily, capriciously and in abuse of the discretion vested in it by upholding the decision of the zoning enforcement officer.
cited
Cited "see"
Gaynor v. Martin
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 143 (2d Cir.1993), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see"
Indiana Lumbermens Mutual Insurance v. Timberland Pallet & Lumber Co.
(2×)
See Bums v. Lawther, 53 F.3d at 1240 . “[B]ecause the right to a jury trial is fundamental, ‘courts must indulge every reasonable presumption against waiver.’ ” Id., citing LaMarca v. Turner, 995 F.2d 1526, 1544 (11th Cir.1993), ce rt. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see"
Indiana Lumbermens Mutual Insurance Company, an Indiana Corporation v. Timberland Pallet and Lumber Company, Inc., a Missouri Corporation Justin C. Pliler Frank Cockrum, William Richard Chamberlain Deanna Sue Chamberlain William Timothy Chamberlain Tabitha Gail Chamberlaintiffany Rene Chamberlain, Mariah Lewis, Indiana Lumbermens Mutual Insurance Company, an Indiana Corporation v. Timberland Pallet and Lumber Company, Inc., a Missouri Corporation, Justin C. Pliler Frank Cockrum William Richard Chamberlain Deanna Sue Chamberlain William Timothy Chamberlain Tabitha Gail Chamberlain Tiffany Rene Chamberlain Mariah Lewis
See Burns v. Lawther, 53 F.3d at 1240 . "[B]ecause the right to a jury trial is fundamental, 'courts must indulge every reasonable presumption against waiver.'" Id., citing LaMarca v. Turner, 995 F.2d 1526, 1544 (11th Cir. 1993), cert. denied, 510 U.S. 1164 (1994).
cited
Cited "see"
Connolly v. Bidermann Industries U.S.A., Inc.
See Saulpaugh v. Monroe Community Hospital, 4 F.3d 134, 145 (2d Cir. 1993), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
cited
Cited "see"
Manzi v. DiCarlo
See Saulpaugh v. Monroe Community Hospital, 4 F.3d 134, 143 (2d Cir.1993), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see"
Burke v. Royal Insurance
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir.1993) (back pay award in Title VII case should include “lost salary, including anticipated raises, and fringe benefits’’), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); Equal Employment Opportunity Commission v. Kallir, Philips, Ross, Inc., 420 F.Supp. 919, 924 (S.D.N.Y.1976) (including defendant’s contributions to plaintiff's pension and profit sharing plans when calculating amount of back pay award in Title VII case), aff'd mem, 559 F.2d 1203 (2d Cir.1977), ce rt. denied, 434 U.S. 920 , 98 S.Ct…
cited
Cited "see"
United States v. Ruff
See LaMarca v. Turner, 995 F.2d 1526, 1544 (11th Cir.1993), cert. denied, 510 U.S. 1164, 114 S.Ct. 1189 , 127 L.Ed.2d 539 .(1994).
discussed
Cited "see"
Fredette v. BVP Management Associates
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 148 (2d Cir.1993) (Van Graafeiland, J., concurring) ("[H]arassment is harassment regardless of whether it is caused by a member of the same or opposite sex.”), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see"
United States v. James Richard Hand, United States of America v. James L. Larson
(2×)
See United States v. Heuer, 4 F.3d 723, 734 (9th Cir.1993), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1190 , 127 L.Ed.2d 540 (1994); United States v. Oren, 893 F.2d 1057, 1064 (9th Cir.1990). 6 The government offered specific intent evidence from which a rational trier could have found that Larson and Hand agreed to create a false fish ticket classifying fish caught by Larson as fish caught by his wife.
discussed
Cited "see"
Wilson v. Glenwood Intermountain Properties, Inc.
(2×)
See Brunet v. City of Columbus, 1 F.3d 390, 398-99 (6th Cir.1993), cert. denied 510 U.S. 1164 , 114 S.Ct. 1190 , 127 L.Ed.2d 540 (1994) (male applicants who ranked too low to be eligible for hiring as firefighters lacked standing to challenge hiring of female applicants out of rank order); Donaghy v. City of Omaha, 933 F.2d 1448, 1455 (8th Cir.1991), cert. denied 502 U.S. 1059 , 112 S.Ct. 938 , 117 L.Ed.2d 109 (1992) (white applicant for promotion to police lieutenant had standing to challenge promotion of minority officers out of rank order only after he would have ranked high enough to be co…
discussed
Cited "see"
Duffy v. State Farm Mutual Automobile Insurance
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 142 (2d Cir.1993), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994) (“[A] Title YII plaintiff does not necessarily meet [her] burden of persuasion by convincing the fact-finder that the employer’s non-discriminatory explanation is not credible; rather, the trier of fact must find that the plaintiff has proven its explanation of discriminatory intent by preponderance of the evidence.”).
discussed
Cited "see"
MacKowski v. Stratford Zoning Commission, No. 309582 (Dec. 12, 1995)
See Smith v. Zoning Board of Appeals, 227 Conn. 71 , 629 A.2d 1089 (1993), cert. denied, ___ U.S. ___, 114 S.Ct. 1190 , 127 L.Ed.2d 540 (1994); Mansfield Development v. Mansfield Planning Zoning Commission, Superior Court, Judicial District of Tolland at Rockville, No. 45213 (1993).
discussed
Cited "see, e.g."
Woodbridge Newton Neighborhood Environmental Trust v. Connecticut Siting Council
(2×)
See, e.g., Smith v. Zoning Board of Appeals, 227 Conn. 71 , 84–85, 629 A.2d 1089 (1993) (reasoning that town planning and zoning commission had authority to promulgate regulations on basis of historical factors, despite absence of express reference to such factors in town charter, due to close relationship of historic preservation to enumerated factor in town charter of public health and safety, and explaining that ‘‘public health and safety includes protecting the environment, which, in turn, includes historic preservation’’), cert. denied, 510 U.S. 1164 , 114 S. Ct. 1190 , 127 L.
discussed
Cited "see, e.g."
New York State Office of Mental Health v. New York State Division of Human Rights
The purpose of back pay is to make a person whole and redress the economic injury that has resulted from unlawful employment discrimination (see Matter of Freudenthal v County of Nassau, 99 NY2d 285, 291 [2003]; see also Saulpaugh v Monroe Community Hosp., 4 F3d 134 , 145 [2nd Cir 1993], cert denied 510 US 1164 [1994]).
discussed
Cited "see, e.g."
Town of Enfield v. Enfield Shade Tobacco, LLC
(2×)
See, e.g., Smith v. Zoning Board of Appeals, 227 Conn. 71, 89 , 629 A.2d 1089 (1993), cert. denied, 510 U.S. 1164 , 114 S. Ct. 1190 , 127 L.
discussed
Cited "see, e.g."
Wood v. Zoning Board of Appeals
(2×)
See, e.g., Smith v. Zoning Board of Appeals, 227 Conn. 71, 89 , 629 A.2d 1089 (1993), cert. denied, 510 U.S. 1164 , 114 S. Ct. 1190 , 127 L.
discussed
Cited "see, e.g."
Linda B. Jones v. Unum Life Insurance Company of America
(2×)
The court may, for example, consider whether the plaintiff would have invested the money at some higher rate, see generally Diduck v. Kaszycki & Sons Contractors, Inc., 974 F.2d at 286 ; or it may take into account the rate of interest the defendant would have had to pay to borrow the money it withheld from the plaintiff, see, e.g., EEOC v. Wooster Brush Co. Employees Relief Ass'n, 727 F.2d 566 , 579 (6th Cir. 1984) (discussing cases); see also Saulpaugh v. Monroe Community Hospital, 4 F.3d 134, 145 (2d Cir.) (Title VII authorizes prejudgment interest to prevent the defendant "from attempting …
discussed
Cited "see, e.g."
Commonwealth v. Chmiel
(2×)
See Doll, 288 Pa. at 533 , 136 A. at 798 (finding that attack on attorney’s integrity rendered admissible "at least part” of his testimony despite privileged nature of communications disclosed); Warren, 264 Pa.Super. at 279 n. 6, 399 A.2d at 776 n. 6 (finding that trial court had properly overruled appellant’s objection, based on attorney-client privilege, to introduction at PCHA hearing of letter from appellant to former attorney, where letter confirmed attorney’s testimony that appellant had sought to plead guilty in order to expedite sentencing); see also Commonwealth v. Ferri, 410 …
discussed
Cited "see, e.g."
78 Fair empl.prac.cas. (Bna) 988, 75 Empl. Prac. Dec. P 45,762 Christine M. Gierlinger, Plaintiff-Appellant-Cross-Appellee v. John Gleason, Defendant-Appellee-Cross-Appellant
A. Prejudgment Interest 78 In a suit to enforce a federal right, the question of whether or not to award prejudgment interest is ordinarily left to the discretion of the district court, see, e.g., Endico Potatoes, Inc. v. CIT Group/Factoring, Inc., 67 F.3d 1063, 1071-72 (2d Cir.1995), which is to take into consideration "(i) the need to fully compensate the wronged party for actual damages suffered, (ii) considerations of fairness and the relative equities of the award, (iii) the remedial purpose of the statute involved, and/or (iv) such other general principles as are deemed relevant by the c…
discussed
Cited "see, e.g."
Alba v. Ansonia Board of Education
See, e.g., Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 143 (2d Cir.1993), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994) (finding that an employee’s speech did not involve a matter of public concern because the plaintiffs complaints about her supervisors did not implicate system-wide discrimination, but instead were motivated solely by her individual employment situation); Mazurek v. Wolcott Bd. of Educ., 849 F.Supp. 154, 157-58 (D.Conn.1994) (holding that a substitute teacher’s complaints about a school board’s general policies on calling substitute teachers…
discussed
Cited "see, e.g."
White-Ruiz v. City of New York
See, e.g., Saulpaugh v. Monroe Community Hosp., 4 F.3d 134, 143 (2d Cir.1993) (quoting Connick v. Myers, 461 U.S. 138, 147 , 103 S.Ct. 1684, 1690 , 75 L.Ed.2d 708 (1983)), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1993).
discussed
Cited "see, e.g."
74 Fair empl.prac.cas. (Bna) 625, 71 Empl. Prac. Dec. P 44,851 J. Doe and H. Doe, by Their Parents and Next Friends, David and Mary Doe v. City of Belleville, Illinois
Elec. & Gas Co., 568 F.2d 1044 , 1047 n. 4 (3d Cir.1977); Wrightson v. Pizza Hut of America, Inc., 99 F.3d 138, 142-43 (4th Cir.1996); Yeary v. Goodwill Indus.-Knoxville, Inc., 107 F.3d 443, 447-48 (6th Cir.1997); Quick v. Donaldson Co., 90 F.3d 1372 , 1376 n. 4, 1377, 1379 (8th Cir.1996); Steiner v. Showboat Operating Co., 25 F.3d 1459, 1464 (9th Cir.1994), cert. denied, 513 U.S. 1082 , 115 S.Ct. 733 , 130 L.Ed.2d 636 (1995); Fredette v. BVP Management Assocs., 112 F.3d 1503 (11th Cir.1997); see also Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 148 (2d Cir.1993) (Van Graafeiland, J., con…
discussed
Cited "see, e.g."
Doe ex rel. Doe v. City of Belleville
Elec. & Gas Co., 568 F.2d 1044 , 1047 n. 4 (3d Cir.1977); Wrightson v. Pizza Hut of America, Inc., 99 F.3d 138, 142-43 (4th Cir.1996); Yeary v. Goodwill Indus.-Knoxville, Inc., 107 F.3d 443, 447-48 (6th Cir.1997); Quick v. Donaldson Co., 90 F.3d 1372 , 1376 n. 4, 1377, 1379 (8th Cir.1996); Steiner v. Showboat Operating Co., 25 F.3d 1459, 1464 (9th Cir.1994), cert. denied, 513 U.S. 1082 , 115 S.Ct. 733 , 130 L.Ed.2d 636 (1995); Fredette v. BVP Management As socs., 112 F.3d 1503 (11th Cir.1997); see also Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 148 (2d Cir.1993) (Van Graafeiland, J., co…
discussed
Cited "see, e.g."
Roe v. Antle
However, opposition to discrimination against oneself, because almost exclusively relating to a personal dispute, does not touch on matters of public concern. 6 See id. (“In the present case, [the plaintiff] was not addressing concerns relating to employment practices which affected him directly____ Contrary to defendants’ assertion, [the plaintiffs] statements cannot be characterized simply as a personal grievance.”); see also Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 143 (2d Cir.1993) (hospital employee’s complaints about sexual harass *1530 ment were “personal in nature an…
discussed
Cited "see, e.g."
Miller v. City of Philadelphia
See also Doe v. State of Louisiana, 2 F.3d 1412, 1417 (5th Cir.1993) (casé worker and supervisor entitled to qualified immunity because law not clearly established with respect to claim that case worker manipulated children to state false allegations of abuse), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); Frazier v. Bailey, 957 F.2d 920, 929 (1st Cir.1992) (holding that plaintiff failed to prove that child care worker’s alleged conduct in programming children to accuse parent of abuse violated amorphous right of family integrity); Hodorowski v. Ray, 844 F.2d 1210, …
discussed
Cited "see, e.g."
Ralph and Sharon Hughes v. City of North Olmsted
See supra note 1; see also Doe v. State of Louisiana, 2 F.3d 1412, 1417 (5th Cir.1993), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994) (quoting, Hodorowski v. Bay, 844 F.2d 1210, 1217 (5th Cir.1988)) (in holding that child care workers were entitled to qualified immunity, the court noted “[i]t is beyond dispute that many aspects of family *243 integrity possess constitutional stature,” however, “reasonable government officials, knowing only that they must not infringe on family integrity, would not necessarily know just what conduct was prohibited.... [I]n the abse…
discussed
Cited "see, e.g."
O'QUINN v. New York University Medical Center
See also Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir.1993) (“Title VII authorizes a district court to grant pre-judgment interest on a back pay award.”), cert. denied, 510 U.S. 1164 , 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994) (citing Clarke v. Frank, 960 F.2d 1146, 1153-54 (2d Cir.1992)).
Retrieving the full opinion text from the archive…
Heuer
v.
United States
v.
United States
93-1099.
Supreme Court of the United States.
Feb 28, 1994.
Published
Citer courts: Supreme Court of Connecticut (4) · Sixth Circuit (2)
Heuer
v.
United States.
No. 93-1099.
Supreme Court of United States.
February 28, 1994.
1
Appeal from the C. A. 9th Cir.
2
Certiorari denied. Reported below: 4 F. 3d 723.