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Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
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Top citers, strongest first. 40 distinct citers.
How cited ↗
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.
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).
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"
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.”).
cited
Cited "see"
McKenny v. John v. Carr & Son, Inc.
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see"
Donald Binder v. Long Island Lighting Company
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 142 (2d Cir.1993) (“[A] plaintiff may meet [the] ultimate burden of proof by combining her proof of the elements constituting a prima facie case with evidence that defendant’s proffered reasons for its acts were false.”), cert. denied, — U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); DeMarco v. Holy Cross High Sch., 4 F.3d 166, 170 (2d Cir.1993) (“Proof that the employer has provided a false reason for its action permits the finder of fact to determine that the defendant’s actions were motivated by an improper discriminatory i…
discussed
Cited "see"
Onan v. County of Roanoke, Va.
See Saulpaugh v. Monroe Community Hospital, 4 F.3d 134, 143 (2d Cir.1993), cert. denied, 114 S.Ct. 1189 (1994); Allen v. Denver Public School Board, 928 F.2d 978, 982 (10th Cir.1991); Gray v. Lacke, 885 F.2d 399, 414 (7th Cir.1989), cert. denied, 494 U.S. 1029 (1990); Greenwood v. Ross, 778 F.2d 448, 455 (8th Cir.1985); Day v. Wayne County Board of Auditors, 749 F.2d 1199, 1204-05 (6th Cir.1984); Irby v. Sullivan, 737 F.2d 1418, 1428 (5th Cir.1984). 8 Because Onan asserted no basis for his Sec. 1983 claims except his Title VII rights, the district court properly dismissed the claims.
discussed
Cited "see"
Rao v. New York City Health and Hospitals Corp.
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134, 145 (2d Cir.1993) (holding failure to compound interest on Title VII back pay award was an abuse of ■ discretion, because compounding interest was the only way to make the plaintiff whole), cert. denied, — U.S. —, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994). 5 .
discussed
Cited "see"
McIntosh v. Irving Trust Co.
See Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir.1993) (failure to apply compound rate of interest to back pay award constituted an abuse of discretion because compounding interest is the only way to make the plaintiff whole), cert. denied, — U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); see also Frank v. Relin, 851 F.Supp. 87, 91 (W.D.N.Y.1994) (applying post-judgment treasury bill rate provided in 28 U.S.C. § 1961 (a) and compounding interest annually); Hollie, 834 F.Supp. at 71 (applying average treasury bill rate and compounding interest annually).
discussed
Cited "see"
Romine v. Bonner/Boundary Task Force
See Doe v. State of Louisiana, 2 F.3d 1412, 1420 (5th Cir.1993), cert. denied, 114 S.Ct. 1189 (1994); Landstrom v. Illinois Dep't of Children & Family Servs., 892 F.2d 670 , 676-77 (7th Cir.1990); Franz v. Lytle, 791 F.Supp. 827, 833 (D.Kan.1992), aff'd, 997 F.2d 784 (10th Cir.1993).
cited
Cited "see"
Hardie Vertrain Sims, Jr. v. Mashburn, Officer, Coi, John B. Sanderson, Sgt., Gene Kelly, Officer, Coi Malone, Officer, Coi L. Burton, Warden
See LaMarca v. Turner, 995 F.2d 1526, 1543 (11th Cir.1993), cert. denied, - U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994) (quoting Jones v. Diamond, 636 F.2d 1364, 1368 (5th Cir.1981)).
discussed
Cited "see, e.g."
Linda B. Jones v. Unum Life Insurance Company of America
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 attempti…
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)).
discussed
Cited "see, e.g."
Luciano v. Olsten Corp.
See e.g., Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 144 (2d Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); see also Proulx v. Citibank, 681 F.Supp. 199 (S.D.N.Y.1988), aff'd, 862 F.2d 304 (2d Cir.1988).
discussed
Cited "see, e.g."
Walker v. Coughlin
New York State Ass’n of Retarded Children, 711 F.2d at 1152-53 ; see also Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 146 (2d Cir.1993) (district court did not abuse discretion in applying average historic rate in order to avoid awarding defense counsel “a windfall due to the protracted nature of the litigation”), cert. denied, — U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see, e.g."
Mulqueen v. Daka, Inc.
See Reichman v. Bonsignore, Brignati & Mazzotta P.C., 818 F.2d 278, 281 (2d Cir.1987); see also Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir.1993), cert. denied, — U.S.-, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see, e.g."
Smith v. United States
In the Eleventh Circuit, "supervisors can be liable under section 1983 only if they actually participated in the allegedly wrongful act, or if a causal connection exists between their acts and the alleged violation." Post v. City of Fort Lauderdale, 7 F.3d 1552, 1560-61 (11th Cir. 1993); see also LaMarca v. Turner, 995 F.2d 1526, 1538 (11th Cir.1993), cert. denied, ___ U.S. ___, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see, e.g."
Weitzman v. Stein
To determine the amount of attorneys’ fees, “[t]he most useful starting point” is to multiply “the number of hours reasonably expended on the litigation ... by a reasonable hourly rate.” Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933, 1939 , 76 L.Ed.2d 40 (1983); see also Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see, e.g."
Thomas R. Lussier v. Marvin Runyon, United States Postmaster General, Thomas R. Lussier v. Marvin Runyon, United States Postmaster General
See, e.g., Saulpaugh v. Monroe Community Hosp., 4 F.3d 134, 145 (2d Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); Shore v. Federal Express Corp., 777 F.2d 1155, 1158-60 (6th Cir.1985); Thompson v. Sawyer, 678 F.2d 257, 292 (D.C.Cir.1982) (collecting cases); see also United States v. Burke, 504 U.S. 229 , 239 n. 9, 112 S.Ct. 1867 , 1873 n. 9, 119 L.Ed.2d 34 (1992) (noting approvingly, in dictum, that “[s]ome courts have allowed Title VII plaintiffs who were wrongfully discharged and for whom reinstatement was not feasible to recover ‘front pay’ or future lo…
discussed
Cited "see, e.g."
Lussier v. Postmaster General
See, e.g., Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir. 1993), cert. denied, 114 S. Ct. 1189 (1994); Shore v. Federal Express Corp., 777 F.2d 1155, 1158-60 (6th Cir. 1985); Thompson v. Sawyer, 678 F.2d 257, 292 (D.C.
discussed
Cited "see, e.g."
Lussier v. Postmaster General
See, e.g., Saulpaugh ___ ____ _________ v. Monroe Community Hosp., 4 F.3d 134 , 145 (2d Cir. 1993), cert. ______________________ _____ denied, 114 S. Ct. 1189 (1994); Shore v. Federal Express Corp., ______ _____ ______________________ 777 F.2d 1155, 1158-60 (6th Cir. 1985); Thompson v. Sawyer, 678 ________ ______ F.2d 257, 292 (D.C.
discussed
Cited "see, e.g."
Yellow Freight Systems, Inc. v. Robert B. Reich, Secretary of Labor, and John A. Thom
Id. at-, 113 S.Ct. at 2753 ; see also Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 , 142 (2d Cir.1993) (“We read Hicks as doing no more than reiterating the longstanding rule that despite shifting burdens of production, a plaintiff always shoulders the ultimate burden of proof.... [T]he trier of fact must find that the plaintiff has proven its explanation of discriminatory intent by a fair preponderance of the evidence.”), cert. denied, — U.S. —, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994).
discussed
Cited "see, e.g."
Martinez v. Mafchir
See, e.g., Doe v. Louisiana, 2 F.3d 1412, 1417 (5th Cir.1993) (blending constitutional violation analysis with clearly established law analysis), cert. denied, — U.S. —, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); Frazier, 957 F.2d at 921-22 (same).
discussed
Cited "see, e.g."
Martinez v. Mafchir
See, e.g., Doe v. Louisiana, 2 F.3d 1412, 1417 (5th Cir.1993) (blending constitutional violation analysis with clearly established law analysis), cert. denied, --- U.S. ----, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); Frazier, 957 F.2d at 921-22 (same).
discussed
Cited "see, e.g."
Hodge ex rel. Hodge v. Jones
Frazier v. Bailey, 957 F.2d 920, 931 (1st Cir.1992) (“[T]he dimensions of [the] right [to familial privacy] have yet to be clearly established.”); see also Doe v. Louisiana, 2 F.3d 1412, 1416 (5th Cir.1993) (while there is a constitutional right to “family integrity,” it is not clearly established), cert. denied, — U.S. -, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); Hodorowski, 844 F.2d at 1217 (the right to “family integrity” is a “nebulous” one).
discussed
Cited "see, e.g."
Hodge v. Jones
Frazier v. Bailey, 957 F.2d 920, 931 (1st Cir.1992) ("[T]he dimensions of [the] right [to familial privacy] have yet to be clearly established."); see also Doe v. Louisiana, 2 F.3d 1412, 1416 (5th Cir.1993) (while there is a constitutional right to "family integrity," it is not clearly established), cert. denied, --- U.S. ----, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994); Hodorowski, 844 F.2d at 1217 (the right to "family integrity" is a "nebulous" one).
discussed
Cited "see, e.g."
Moscowitz v. Brown
Section 1983 Claims The Second Circuit recently explained that “a Title VII plaintiff is not precluded from bringing a concurrent § 1983 cause of action, so long as the § 1983 claim is based on a distinct violation of a constitutional right.” Gierlinger v. New York State Police, 15 F.3d 32 (2d Cir.1994); see also, Saulpaugh v. Monroe Community Hosp., 4 F.3d 134, 143 (2d Cir.1993), cert, denied, — U.S.-, 114 S.Ct. 1189 , 127 L.Ed.2d 539 (1994) (citing Day v. Wayne County Bd. of Auditors, 749 F.2d 1199 (6th Cir.1984)); Carrero v. New York City Housing Auth., 890 F.2d 569 , 579 (2d Cir.19…
Retrieving the full opinion text from the archive…
Mertens
v.
Wilkinson, Governor of Kentucky
v.
Wilkinson, Governor of Kentucky
93-1071.
Supreme Court of the United States.
Feb 28, 1994.
Published
Mertens
v.
Wilkinson, Governor of Kentucky, et al.
No. 93-1071.
Supreme Court of United States.
February 28, 1994.
1
Appeal from the Sup. Ct. Ky.
2
Certiorari denied.