green
Positive treatment
Quoted verbatim 1×
4.0 score
“because the specific language of 523(a)(8) does not allow for relief to a debtor who has failed to show 'undue hardship,' the statute cannot be overruled by the general principles of equity contained in 105(a).”
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004
2015
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
United States v. Kirtis Thomas
See United States v. Wright, 343 F.3d 849, 860 (6th Cir.2003), cert. denied,, 541 U.S. 990 , 124 S.Ct. 2016 , 158 L.Ed.2d 496 (2004) (holding that the defendant did not suffer prejudice from absent witnesses because he “presented no evidence concerning who these witnesses [were] or how the delay in the indictment corresponds to their inability to testify ” (emphasis added)).
cited
Cited "see"
Happ v. Corning, Inc.
See Rumsfeld v. Freedom NY, Inc., 329 F.3d 1320, 1331 (Fed.Cir.2003), cert. denied, 541 U.S. 987 , 124 S.Ct. 2016 , 158 L.Ed.2d 491 (2004); Agroindustrias Vezel v. H.P.
cited
Cited "see"
United States v. Harris
See United States v. Wright, 343 F.3d 849, 867 (6th Cir.2003), cert. denied, 541 U.S. 990 , 124 S.Ct. 2016 , 158 L.Ed.2d 496 (2004). 3 .
discussed
Cited "see, e.g."
American Apparel, Inc. v. United States
“Because every situation in which parties enter into a contractual relationship is unique, there is no definitive test for determining whether a change is beyond the scope of a particular contract.” Keeter Trading Co. v. United States, 79 Fed.Cl. 243, 260 (2007) (citation omitted); see also Rumsfeld v. Freedom NY, Inc., 329 F.3d 1320, 1332 (Fed.Cir.), reh’g and reh’g en banc denied, 346 F.3d 1359 (Fed.Cir.2003), cert. denied, 541 U.S. 987 , 124 S.Ct. 2016 , 158 L.Ed.2d 491 (2004) (“The finding of a cardinal change is ‘principally a question of fact’ ” (quoting Allied Materials …
discussed
Cited "see, e.g."
United States v. Hampton Poole
As a general rule, this Court does not address on appeal issues that were not raised and ruled upon in the district court, but may address such issues “in exceptional circumstances” or where application of the rule would result in a “plain miscarriage of justice.” United States v. $100,375.00 in United States Currency, 70 F.3d 438, 441 (6th Cir.1995); United States v. Pickett, 941 F.2d 411, 415 (6th Cir.1991); see also, United States v. Wright, 343 F.3d 849, 867 (6th Cir.2003), cert. denied, 541 U.S. 990 , 124 S.Ct. 2016 , 158 L.Ed.2d 496 (2004).
discussed
Cited "see, e.g."
United States v. Poole
As a general rule, this Court does not address on appeal issues that were not raised and ruled upon in the district court, but may address such issues “in exceptional circumstances” or where application of the rule would result in a “plain miscarriage of justice.” United States v. $100,375.00 in United States Currency, 70 F.3d 438, 441 (6th Cir. 1995); United States v. Pickett, 941 F.2d 411, 415 (6th Cir. 1991); see also, United States v. Wright, 343 F.3d 849, 867 (6th Cir. 2003), cert. denied, 124 S. Ct. 2016 (2004).
Retrieving the full opinion text from the archive…
Roland Jay COX
v.
HEMAR INSURANCE CORPORATION OF AMERICA
v.
HEMAR INSURANCE CORPORATION OF AMERICA
No. 03-7992.
Supreme Court of the United States.
Apr 19, 2004.
Published
Citer courts: D. Massachusetts (1)
Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.