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Positive treatment
Quoted verbatim 2×
7.4 score
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Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Laruan v. West
the use of the 'preponderance of evidence' standard is the traditional standard in civil and administrative proceedings. it is the one contemplated by the apa
discussed
Cited as authority (quoted)
Bienvenido Diaz v. Schwerman Trucking Company
because we find that the union's was not a breach of its duty of fair representation, we need not decide whether the the employment contract.
cited
Cited as authority (rule)
E. D. Systems Corporation v. Southwestern Bell Telephone Company
Ct. 104, 66 L.Ed.2d 39 (1980).
discussed
Cited "see"
State v. Kimbrough
See, State v. Menne, 380 So.2d 14 (La.1980), cert. denied, Louisiana v. Menne, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980); Watkins, supra. In the instant case, the record discloses that the officers first interviewed defendant concerning the altercation between him and Roberts.
discussed
Cited "see"
United States v. Ricardo Ruiz and Tyrone Michael Crawford
(2×)
See United States v. L’Hoste, 609 F.2d 796 (5th Cir.), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980).
discussed
Cited "see"
United States v. Carlos J. Acosta, Jr.
(2×)
See United States v. L'Hoste, 609 F.2d 796, 809-813 (5th Cir.), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980). 3 .
cited
Cited "see"
State v. Ford
See State v. Menne, 380 So.2d 14 (La. 1980), cert. denied 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980).
discussed
Cited "see"
Smith v. Babcock & Wilcox Co.
Under sections 8(b) and 9(a) of the NLRA, 29 U.S.C. §§ 158 (b), 159(a), a union, as the exclusive bargaining representative of its member employees, has a “statutory duty fairly to represent all of those employees . . .. ” Vaca v. Sipes, 386 U.S. 171, 177 , 87 S.Ct. 903, 909 , 17 L.Ed.2d 842 (1967) (citing, inter alia, Ford Motor Co. v. Huffman, 345 U.S. 330 , 73 S.Ct. 681 , 97 L.Ed. 1048 (1953)); see Freeman v. O’Neal Steel, Inc., 609 F.2d 1123, 1125 (5th Cir.), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980).
discussed
Cited "see"
John W. Harris v. Schwerman Trucking Company
See Freeman v. O’Neal Steel, Inc., 609 F.2d 1123, 1127 (5th Cir.), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980) (“The union representative is not a lawyer and he cannot be expected to function as one.”); Connally v. Transcon Lines, 583 F.2d 199, 203 (5th Cir. 1978) (although the representation “was not perfect,” it “was not so poor as to deprive the plaintiffs of a fair hearing”).
discussed
Cited "see"
United States v. Harry O. Stratton, William D. Riggs and Loy Z. Harrell, United States of America v. Samuel S. Smith
An indictment is sufficient if (1) it contains “the elements of the offense charged and fairly informs the defendant of the charge against which he must defend,” and (2) it enables the accused “to plead an acquittal or conviction in bar of future prosecutions for the same offense.” United States v. Bailey, 444 U.S. 394 , 100 S.Ct. 624, 636 , 62 L.Ed.2d 575 (1980); Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887, 2907 , 41 L.Ed.2d 590 (1974); see United States v. L'Hoste, 609 F.2d 796, 800 (5th Cir.), cert. denied, - U.S. -, 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980).
cited
Cited "see, e.g."
State v. Hammond
Id.; see also State v. Menne, 380 So.2d 14, 19 (La.), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980).
discussed
Cited "see, e.g."
George Goff, Appellee/cross-Appellant v. Steve Dailey, Superintendent of Clarinda Richard Huckins, Correctional Officer, Appellants/cross-Appellees
(2×)
Charlton v. FTC, 543 F.2d 903, 907, 908 (D.C.Cir.1976) (footnotes omitted) (quoting In re Adriaans, 28 App.D.C. 515, 524 (1907)); see also Sea Island Broadcasting Corp. v. FCC, 627 F.2d 240, 243 (D.C.Cir.) (“the ‘preponderance of evidence’ standard is the traditional standard in civil and administrative proceedings”), cert. denied, 449 U.S. 834 , 101 S.Ct. 105 , 66 L.Ed.2d 39 (1980); Collins Secs.
discussed
Cited "see, e.g."
Melvin Landry v. The Cooper/t. Smith Stevedoring Company, Inc.
See also Freeman v. O’Neal Steel, Inc., 609 F.2d 1123, 1126-27 (5th Cir.), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980) (A union did not breach its duty of fair representation by informing an employee that his grievance had been rejected by an arbitrator, when in fact it had been withdrawn).
discussed
Cited "see, e.g."
Noel v. United States
See also United States v. L’Hoste, 609 F.2d 796, 812 (5th Cir.), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980). 4 Federal courts have only limited authority to review the decision of the Attorney General or the Secretary of the Treasury upon a petition for remission or mitigation.
discussed
Cited "see, e.g."
United States v. Charles S. Kravitz
See, e.g., United States v. L’Hoste, 609 F.2d 796 (5th Cir.1980), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980) (defendant’s stock interest in his company ordered forfeited due to use of company to secure government contracts through illegal kickbacks).
discussed
Cited "see, e.g."
United States v. Marvin P. Johnson, Robert A. Wilkins, Duane Quamina, Patricia Gordon, Mark Francis Johnson
See, e.g., United States v. L’Hoste, 609 F.2d 796, 805 (5th Cir.) (“A trial judge is under no obligation to give a requested instruction that ... has been covered adequately by other instructions.”), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980).
discussed
Cited "see, e.g."
United States v. Veon
Although this court has been unable to find any relevant congres *243 sional history as to this provision, Congress explained that the purpose of the cognate provision in RICO was “to prevent preconviction transfers of property to defeat the purpose of the new chapter.” H.R.Rep.No. 91 — 1549, 91st Cong., 2d Session 57, reprinted in [1970] U.S.Code Cong. & Admin.News, pp. 4007, 4033; see also United States v. L’Hoste, 609 F.2d 796, 811 (5th Cir.) cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980).
discussed
Cited "see, e.g."
RKO General, Inc. v. Federal Communications Commission
See, e.g., Sea Island Broadcasting Corp. v. FCC, 627 F.2d 240, 243 (D.C.Cir.), cert. denied, 449 U.S. 834 , 101 S.Ct. 105 , 66 L.Ed.2d 39 (1980); Golden Broadcasting Systems, Inc., 68 F.C.C.2d at 1101-04.
discussed
Cited "see, e.g."
Rko General, Inc. v. Federal Communications Commission, Multi-State Communications, Inc., Intervenor. Rko General, Inc. v. Federal Communications Commission, Fidelity Television, Inc., Multi-State Communications, Inc., Intervenors. Rko General, Inc. v. Federal Communications Commission, Fidelity Television, Inc., New England Television Corporation, Dudley Station Corporation, Multi-State Communications, Inc., Community Broadcasting of Boston, Inc., Intervenors
See, e.g., Sea Island Broadcasting Corp. v. FCC, 627 F.2d 240, 243 (D.C.Cir.), cert. denied, 449 U.S. 834 , 101 S.Ct. 105 , 66 L.Ed.2d 39 (1980); Golden Broadcasting Systems, Inc., 68 F.C.C.2d at 1101-04.
Retrieving the full opinion text from the archive…
L'Hoste
v.
United States
v.
United States
No. 79-1898.
Supreme Court of the United States.
Oct 6, 1980.
Cited by 114 opinions | Published
Citer courts: Eleventh Circuit (1) · Veterans Claims (1)
C. A. 5th Cir. Certiorari denied.