green
Positive treatment
Quoted verbatim 1×
6.5 score
G Cite
cited 2× by 1 distinct case, last quoted 1997 ·
…it is equally clear that the federal government is not obligated to provide particular services or benefits, nor to. undertake any specific fiduciary responsibilities in the absence of a specific provision in a treaty, agreement, executive order, or statute
⚠ not in text
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 "but see"
United States v. Daniel Clement Jones
But cf. United States v. Luttrell, 889 F.2d 806, 813 (9th Cir.1989) (requiring “reasoned grounds” to investigate a particular individual), vacated in part, 923 F.2d 764 (9th Cir.1991) (en banc) (rejecting the “reasoned grounds” requirement), ce rt. denied, — U.S.-, 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992).
examined
Cited as authority (quoted)
Miccosukee Tribe of Indians of Florida v. United States
(2×)
it is equally clear that the federal government is not obligated to provide particular services or benefits, nor to. undertake any specific fiduciary responsibilities in the absence of a specific provision in a treaty, agreement, executive order, or statute
discussed
Cited "see"
State Dept. of Public Safety v. Sexton
(2×)
See Ward v. Skinner , 943 F.2d 157 (1st Cir. 1991), cert. denied, 503 U.S. 959 , 112 S.Ct, 1558 , 118 L.Ed.2d 207 (1992) (DOT was entitled to rely on blanket prohibition in task force report without individual inquiry into particular driver's circumstances). "`Pretext means more than a mistake on the part of the employer; pretext means a lie, specifically a phony reason for some action." . . .
discussed
Cited "see"
Sokaogon Chippewa Community v. Babbitt
(2×)
See Havasupai Tribe v. Robertson, 943 F.2d 32, 34 (9th Cir.1991), cert. denied, 503 U.S. 959 , 112 S.Ct. 1559 , 118 L.Ed.2d 207 (1992) (party whose only evidence of bad faith is pure speculation not entitled to extra-record discovery); Portland Audubon, 984 F.2d at 1549 (discussing Public Power Council).
discussed
Cited "see"
Kaw Valley, Inc. v. Environmental Protection Agency of the United States
(2×)
Id. at 843 , 104 S.Ct. at 2782 (footnote omitted); see Rives v. Interstate Commerce Comm’n, 934 F.2d 1171 , 1174 (10th Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 1559 , 118 L.Ed.2d 207 (1992).
discussed
Cited "see"
Bright Lights, Inc. v. City of Newport
(2×)
See Lee v. Newport, No. 91-00613, 947 F.2d 945 (Table) (6th Cir. Nov. 5, 1991) (available on WESTLAW, 1991 WL 227750, p. *7 ) (disclosure requirement constitutional if it generally evaluates “an applicant’s fitness for the occupation”) (quoting Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986)), cert. denied, — U.S. —, 112 S.Ct. 1559 , 118 L.Ed.2d 207 (1992); Ellwest Stereo, 718 F.Supp. at 1567 (ordinance is “not unconstitutional simply because it imposes disclosure requirements on adult-oriented establishments which are not imposed on other businesses”); see also T-Marc, Inc. v. P…
cited
Cited "see"
United States v. Sager
See generally United States v. Luttrell, 889 F.2d 806, 811-12 (9th Cir.1989), cert. denied, — U.S. -, 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992).
discussed
Cited "see"
J.L. v. Social Security Administration
Accord, Ward v. Skinner, 943 F.2d 157, 160 (1st Cir.1991) (the fact that agency action is challenged under the APA would not “prevent us from reviewing other claims of illegality — such as a claim that the Department’s [action], say, rested on unconstitutional racial discrimination, or ... violated the Rehabilitation Act” (emphasis omitted)), cert. denied, — U.S. -, 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992); Clark v. Skinner, 937 F.2d 123 (4th Cir.1991) (APA review is a suitable method to challenge a Department of Transportation decision on the grounds that it violated the Rehabilitati…
discussed
Cited "see"
J.L., and K.P., on Behalf of Themselves and All Others Similarly Situated Share Ourselves v. Social Security Administration, Gwendolyn S. King, Commissioner of Social Security, and Louis D. Sullivan, M.D., Secretary of the Department of Health and Human Services, in Their Official Capacities
Accord, Ward v. Skinner, 943 F.2d 157, 160 (1st Cir.1991) (the fact that agency action is challenged under the APA would not "prevent us from reviewing other claims of illegality--such as a claim that the Department's [action], say, rested on unconstitutional racial discrimination, or ... violated the Rehabilitation Act" (emphasis omitted)), cert. denied, --- U.S. ----, 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992); Clark v. Skinner, 937 F.2d 123 (4th Cir.1991) (APA review is a suitable method to challenge a Department of Transportation decision on the grounds that it violated the Rehabilitation Act…
discussed
Cited "see, e.g."
Anderson v. Procopy Technologies, Inc.
See Federal Motor Carrier Safety Act, 49 U.S.C.A. § 31131 et seq.; 49 C.F.R. § 391.41 (b)(8); see also, Ward. v. Skinner, 943 F.2d 157, 159 (1st Cir.1991), cert. denied, 503 U.S. 959 , 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992) (affirming DOT’s denial of waiver of rule prohibiting anyone with an "established medical history or clinical diagnosis of epilepsy” from driving commercial vehicles in interstate commerce, and observingAhat "a person is physically qualified to drive a motor vehicle if that person ... [h]as no established medical history or clinical diagnosis of epilepsy”). .
discussed
Cited "see, e.g."
Coleman v. Pennsylvania State Police
See also Ward v. Skinner, 943 F.2d 157 (1st Cir.1991), cert. denied, 503 U.S. 959 , 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992). 13 .As the District Court correctly noted, "Dr. Marrone can and has suspended the protocol when good medical evidence confirms there is no safety issue,” thereby applying an individualized assessment.
discussed
Cited "see, e.g."
State v. Lively
See Garza-Juarez, 992 F.2d at 904 ; see also United States v. Luttrell, 923 F.2d 764 (9th Cir.1991), cert. denied, 503 U.S. 959 , 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992) (and the cases cited therein).
cited
Cited "see, e.g."
C.K. v. Shalala
See also Ward v. Skinner, 943 F.2d 157, 160-61 (1st Cir.), cert. denied, 503 U.S. 959 , 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992).
discussed
Cited "see, e.g."
Environment Now! v. Espy
(2×)
In applying the arbitrary and capricious standard, “[t]he court shall review the whole record or those parts of it cited by a party ...” 5 U.S.C. § 706 . “[T]he focal point for judicial review should be the administrative record already in existence, not some new record made initially in the reviewing court.” Camp v. Pitts, 411 U.S. 138, 142 , 93 S.Ct. 1241, 1244 , 36 L.Ed.2d 106 (1973); see also, Havasupai Tribe v. Robertson, 943 F.2d 32, 34 (9th Cir.1991), cert. denied, — U.S. —, 112 S.Ct. 1559 , 118 L.Ed.2d 207 (1992).
discussed
Cited "see, e.g."
Huber v. Howard County, Md.
See also Ward v. Skinner, 943 F.2d 157 (1st Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1558 , 118 L.Ed.2d 207 (1992) (epileptic taking anticon-vulsant medicine is not otherwise qualified to drive commercial vehicles even though risk may be small); Serrapica, 708 F.Supp. at 72-73 (insulin-dependant diabetic not otherwise qualified to operate a sanitation truck); Davis v. Meese, 692 F.Supp. 505, 518-19 (E.D.Pa.1988), aff'd 865 F.2d 592 (1989) (insulin-dependent diabetic not otherwise qualified for a job with the FBI as a special agent or investigative specialist); Salmon Pineiro v. Lehman, 6…
discussed
Cited "see, e.g."
Holy Cross Wilderness Fund v. Madigan
(2×)
"When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more persuasive." Marsh, 490 U.S. at 378 , 109 S.Ct. at 1861 ; see also Havasupai Tribe v. Robertson, 943 F.2d 32, 34 (9th Cir.1991), petition for cert. denied, --- U.S. ----, 112 S.Ct. 1559 , 118 L.Ed.2d 207 (1992); Friends of the Earth v. Hall, 693 F.Supp. 904, 922 (W.D.Wash.1988) ("A federal court is not in the business of resolving scientific disagreements between plaintiffs' experts and…
discussed
Cited "see, e.g."
Holy Cross Wilderness Fund v. Madigan
(2×)
“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more persuasive.” Marsh, 490 U.S. at 378 , 109 S.Ct. at 1861 ; see also Havasupai Tribe v. Robertson, 943 F.2d 32, 34 (9th Cir.1991), petition for cert. denied, — U.S. -, 112 S.Ct. 1559 , 118 L.Ed.2d 207 (1992); Friends of the Earth v. Hall, 693 F.Supp. 904, 922 (W.D.Wash.1988) (“A federal court is not in the business of resolving scientific disagreements between plaintiffs’ expert…
Retrieving the full opinion text from the archive…
Havasupai Tribe
v.
United States
v.
United States
No. 91-1124.
Supreme Court of the United States.
Mar 30, 1992.
503 U.S. 959
1992 U.S. LEXIS 1967
Cited by 47 opinions | Published
Citer courts: S.D. Florida (2)
C. A. 9th Cir. Certiorari denied.