green
Positive treatment
Quoted verbatim 1×
15.5 score
“we find that issue preclusion is present .... by finding for the defendants in the general verdict, the jury, of necessity, concluded ... that there was no trespass in this case.”
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
Securities & Exchange Commission v. Goldstone
(5×)
also: Cited as authority (rule), Cited "see", Cited "see, e.g."
we find that issue preclusion is present .... by finding for the defendants in the general verdict, the jury, of necessity, concluded ... that there was no trespass in this case.
cited
Cited as authority (rule)
Onvoy, Inc. v. Allete, Inc.
Servs. of America, 231 F.3d at 731; Butler v. Pollard, 800 F.2d 223, 225-26 (10th Cir. 1986).
discussed
Cited as authority (rule)
Ag Services of America, Inc., an Iowa Corporation v. John D. Nielsen, A/K/A Jack Nielsenand Diamond Hill Farms, Clovis, Inc., a New Mexico Corporation, Defendants-Third-Party Plaintiffs-Third-Party Counter-Defendants-Appellants v. Terry Lundell, Third-Party Defendant-Third-Party Counter-Claimant
Our opinion recognizes that rule by citing Robinson v. Volkswagenwerk AG, 56 F.3d 1268, 1273 (10th Cir. 1995); Skinner v. Total Petroleum, Inc., 859 F.2d 1439, 1442-43 (10th Cir. 1988); and Butler v. Pollard, 800 F.2d 223, 224-26 (10th Cir. 1986). 2 Instruction 8-AC told the jurors, inter alia, that a party is estopped from relying on the statute of limitations if that party is guilty of "conduct which amounts to a false representation or concealment of material facts, or, at least, which is calculated to convey the impression that facts are otherwise than, and inconsistent with, those which t…
discussed
Cited as authority (rule)
AG Services of America, Inc. v. Nielsen
Our opinion recognizes that rule by citing Robinson v. Volkswagenwerk AG, 56 F.3d 1268, 1273 (10th Cir.1995); Skinner v. Total Petroleum, Inc., 859 F.2d 1439, 1442-43 (10th Cir.1988); and Butler v. Pollard, 800 F.2d 223, 224-26 (10th Cir.1986). .
discussed
Cited as authority (rule)
Dennis Skinner, and Cross-Appellant v. Total Petroleum, Inc., a Michigan Corporation, and Cross-Appellee
Dairy Queen, Inc. v. Wood, 369 U.S. 469, 472-73 , 82 S.Ct. 894, 897 , 8 L.Ed.2d 44 (1962); Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 510-11 , 79 S.Ct. 948, 957 , 3 L.Ed.2d 988 (1959) (“only under the most imperative circumstances ... can the right of a jury trial of legal issues be lost through the prior determination of equitable claims”); Butler v. Pollard, 800 F.2d 223, 225 (10th Cir.1986).
cited
Cited as authority (rule)
Mabry v. The State Board Of Community Colleges And Occupational Education
Heyman v. Kline, 456 F.2d 123, 130-31 (2d Cir.), cert. denied, 409 U.S. 847 , 93 S.Ct. 53 , 34 L.Ed.2d 88 (1972). 19 Butler v. Pollard, 800 F.2d 223, 224-25 (10th Cir.1986).
cited
Cited "see"
Marquardt v. Perry
Ag Services, 281 F.8d at 730; see Butler v. Pollard, 800 F.2d 223, 224-26 (10th Cir.1986).
discussed
Cited "see"
Ag Services of America, Inc. v. Nielsen
(2×)
also: Cited "see, e.g."
See Butler v. Pollard, 800 F.2d at 225-26 .
discussed
Cited "see"
Ag Services of America, Inc., an Iowa Corporation v. John D. Nielsen, Also Known as Jack Nielsen and Diamond Hill Farms, Clovis, Inc., a New Mexico Corporation, Defendants-Third-Party Plaintiffs-Third-Party Counter v. Terry Lundell, Third-Party Defendant- Third-Party Counter-Claimaint
(2×)
also: Cited "see, e.g."
See Butler v. Pollard, 800 F.2d at 225-26 . 25 Further developing its argument that no specific fact findings can be inferred from the jury verdict, Ag Services argues that the jury could have reached its disposition by accepting any of several defenses offered at trial by Nielsen.
Retrieving the full opinion text from the archive…
Victor ARGUELLES-VASQUEZ, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
84-7697.
Court of Appeals for the Ninth Circuit.
Sep 22, 1986.
Carlos Vellanoweth, Los Angeles, Cal., for petitioner., Evelyn Matteucci, Asst. U.S. Atty., Los Angeles, Cal., for respondent.
Browning, Goodwin, Wallace, Sneed, Kennedy, Anderson, Hug, Tang, Schroeder, Fletcher, Farris, Pregerson, Alarcon, Poole, Nelson, Canby, Norris, Reinhardt, Beezer, Hall, Wiggins, Brunetti, Kozinski, Noonan, Thompson.
Published
ORDER
Upon the vote of a majority of the regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Rule 25 of the Rules of the United States Court of Appeals for the Ninth Circuit. The previous three-judge panel assignment is withdrawn.