green
Positive treatment
Quoted verbatim 2×
8.6 score
“the ____________________________ mere fact that plaintiff failed to file a timely opposition does not mean that defendant's rule 56 motion should be granted”
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
In Re N2N Commerce, Inc.
the mere fact that plaintiff failed to file a timely opposition does not mean that defendant's rule 56 motion should be granted
discussed
Cited as authority (quoted)
Varrasso v. Desmond
the ____________________________ mere fact that plaintiff failed to file a timely opposition does not mean that defendant's rule 56 motion should be granted
cited
Cited "see"
Carrasquillo Gonzalez v. Puerto Rico Treasury Department (In re Carrasquillo Gonzalez)
See Bias v. Advantage International, Inc., 905 F.2d 1558, 1560-61 (D.C.Cir.1990), cert. denied 498 U.S. 958 , 111 S.Ct. 387 , 112 L.Ed.2d 397 (1990).
cited
Cited "see"
Roman-Perez v. Operating Partners Co. (In re Roman-Perez)
See Bias v. Advantage International, Inc., 905 F.2d 1558, 1560-1561 (D.C.Cir.1990), cert. denied, 498 U.S. 958 , 111 S.Ct. 387 , 112 L.Ed.2d 397 (1990).
discussed
Cited "see"
Nelson A. Acosta v. United States
See United States v. Hays, 899 F.2d 515, 518 (6th Cir.), cert. denied, 498 U.S. 958 (1990). 15 Acosta also argues that appellate counsel was ineffective because she did not raise his first and second claims on direct appeal.
discussed
Cited "see"
Brewer v. Quaker State Oil Rfng. Corop.
Id.; see Perry v. Prudential-Bache Sec., Inc., 738 F. Supp. 843, 849 (D.N.J. 1989) (holding that age data on various employment records was used for computing employee's pension, not for the purpose of discrimination), aff'd, 904 F.2d 696 (3d Cir.), cert. denied, 498 U.S. 958 (1990).
discussed
Cited "see"
Judson C. Brewer v. Quaker State Oil Refining Corporation Quaker State Corporation
(2×)
Id.; see Perry v. Prudential-Bache Sec., Inc., 738 F.Supp. 843, 849 (D.N.J.1989) (holding that age data on various employment records was used for computing employee's pension, not for the purpose of discrimination), aff'd, 904 F.2d 696 (3d Cir.), cert. denied, 498 U.S. 958 , 111 S.Ct. 386 , 112 L.Ed.2d 397 (1990).
discussed
Cited "see"
United States v. Herman Washington, Roosevelt Pitts, Jr.
See 115 S.Ct. at 1630 (stating that regulated activity must "substantially affect" interstate commerce in order to be within Congress' power to regulate under the Commerce Clause). 3 United States v. Hays, 899 F.2d 515, 519-20 (6th Cir.), cert. denied, 498 U.S. 958 (1990) (holding that drug quantity is not considered by the court when sentencing career drug offenders)
discussed
Cited "see"
Jibson v. Michigan Education Association-Nea
See Lowary v. Lexington Local Bd. of Educ., 903 F.2d 422, 431-32 (6th Cir.) ("Lowary II ") (disallowing the use of a so-called "local union presumption," under which the chargeable portion of local teacher union dues is presumed to be the same as the chargeable portion of state teacher union dues), cert. denied, 498 U.S. 958 , 111 S.Ct. 385 , 112 L.Ed.2d 396 (1990). 33 Turning to the actual notices sent by MEA to nonmembers, plaintiffs make separate arguments concerning those notices sent before and after the Lehnert decision.
discussed
Cited "see"
Jibson v. Michigan Education Ass'n-NEA
See Lowary v. Lexington Local Bd. of Educ., 903 F.2d 422, 431-32 (6th Cir.) (“Lowary II ”) (disallowing the use of a so-called “local union presumption,” under which the chargeable portion of local teacher union dues is presumed to be the same as the chargeable portion of state teacher union dues), cert. denied, 498 U.S. 958 , 111 S.Ct. 385 , 112 L.Ed.2d 396 (1990).
discussed
Cited "see"
Albert Oliver v. Director, Office of Workers' Compensation Programs
See Migliorini v. Director, OWCP, 898 F.2d 1292, 1296 (7th Cir.), cert. denied, 498 U.S. 958 , 111 S.Ct. 385 , 112 L.Ed.2d 396 (1990) (medical opinion must establish claimant’s total disability); Clay v. Director, OWCP, 7 BLR 1-82, 1-84 (Benefits Review Bd.1984) (per curiam) (chronic obstructive pulmonary disease is insufficient in and of itself to establish totally disabling pulmonary impairment).
discussed
Cited "see, e.g."
Securities & Exchange Commission v. Better Life Club of America, Inc.
See also Holloway v. Peat, Marwick, & Mitchell, 900 F.2d 1485 (10th Cir.1990), cert. denied, 498 U.S. 958 , 111 S.Ct. 386 , 112 L.Ed.2d 396 ; SEC v. American Board of Trade, 751 F.2d 529 (2d Cir.1984).
discussed
Cited "see, e.g."
John L. Lancaster v. Air Line Pilots Association International United Airlines, Inc.
See, e.g., Lowary v. Lexington Local Bd. of Educ., 903 F.2d 422, 430 (6th Cir.) (“Normally, assuming valid objection procedure, dissent will not be presumed — it must be affirmatively asserted to the union.”), ce rt. denied, 498 U.S. 958 , 111 S.Ct. 385 , 112 L.Ed.2d 396 (1990).
discussed
Cited "see, e.g."
United States v. Three Juveniles
Compare State ex. rel Dispatch Printing Co. v. Solove (In re T.R.) 52 Ohio St.3d 6, 16-17 , 556 N.E.2d 439 (1990) (“[W]e conclude that there is no qualified right of public access to juvenile court proceedings to determine if a child is abused, neglected, or dependent, or to determine custody of a minor child.”), cert. denied, 498 U.S. 958 , 111 S.Ct. 386 , 112 L.Ed.2d 396 (1990) with In re N.H., 63 Ohio Misc.2d 285 , 294, 626 N.E.2d 697 (Ct. Common Pleas 1992) (holding right of access does apply to delinquency proceedings).
discussed
Cited "see, e.g."
Thomas Henry Anderson v. American Airlines, Inc.
See, e.g., Grote v. Trans World Airlines, Inc., 905 F.2d 1307 (9th Cir.), cert. denied, 498 U.S. 958 , 111 S.Ct. 386 , 112 L.Ed.2d 397 (1990). 5 However, we concur with the Tenth Circuit’s conclusion that the distinctions between RLA preemption and LMRA pre-emption are irrelevant to the pre-emption inquiry in this case: whether Anderson’s state law claim requires an interpretation of the CBA.
discussed
Cited "see, e.g."
Anderson v. American Airlines, Inc.
See, e.g., Grote v. Trans World Airlines, Inc., 905 F.2d 1307 (9th Cir.), cert. denied, 498 U.S. 958 , 111 S.Ct. 386 , 112 L.Ed.2d 397 (1990).5 However, we concur 4 Other cases that American has cited in which courts have found that the RLA pre-empts state law claims are not to the contrary.
discussed
Cited "see, e.g."
Milam v. Herrlin
See Andrews, 406 U.S. at 325-26 , 92 S.Ct. at 1565-66 ; see also Grote v. Trans World Airlines, Inc., 905 F.2d 1307, 1310 (9th Cir.), cert. denied, 498 U.S. 958 , 111 S.Ct. 386 , 112 L.Ed.2d 397 (1990) (emotional distress and defamation claims preempted by RLA); Edelman v. Western Airlines, Inc., 892 F.2d 839, 844-45 (9th Cir.1989) (breach of implied contract, emotional distress and defamation claims preempted); Hannah v. Metro-North Commuter R.R.
Retrieving the full opinion text from the archive…
Patterson
v.
United States
v.
United States
No. 89-7659.
Supreme Court of the United States.
Nov 5, 1990.
Published
Citer courts: First Circuit (1) · D. Massachusetts (1)
C. A. 4th Cir. Certiorari denied.