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8 New York opinions name it 3 courts 1975–2001 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Johnson v. Blumgreen2 sentences2001Where, as here, a State claim is joined with a Federal constitutional claim that would permit an award of an attorney’s fee pursuant to 42 USC § 1988 , and the matter is resolved on the State claim without reaching the Federal constitutional claim, an award of an attorney’s fee pursuant to 42 USC § 1988 may still be made if the Federal claim, although unresolved, is sufficient to meet the “Gibbs test” (United Mine Workers v Gibbs, 383 US 715, 725 ; see, Matter of Johnson v Blum, 58 NY2d 454 ). 2001Under the Gibbs test, the Federal claim must have substance sufficient to confer subject matter jurisdiction on the Federal courts, and the Federal and non-Federal claims must “derive from a common nucleus of operative fact” (United Mine Workers v Gibbs, 383 US at 725 ; see, Matter of Johnson v Blum, 58 NY2d 454, 459 ). | 5 | 5 |
United Mine Workers of America v. Gibbsred2 sentences2001Where, as here, a State claim is joined with a Federal constitutional claim that would permit an award of an attorney’s fee pursuant to 42 USC § 1988 , and the matter is resolved on the State claim without reaching the Federal constitutional claim, an award of an attorney’s fee pursuant to 42 USC § 1988 may still be made if the Federal claim, although unresolved, is sufficient to meet the “Gibbs test” (United Mine Workers v Gibbs, 383 US 715, 725 ; see, Matter of Johnson v Blum, 58 NY2d 454 ). 2001Under the Gibbs test, the Federal claim must have substance sufficient to confer subject matter jurisdiction on the Federal courts, and the Federal and non-Federal claims must “derive from a common nucleus of operative fact” (United Mine Workers v Gibbs, 383 US at 725 ; see, Matter of Johnson v Blum, 58 NY2d 454, 459 ). | 1 | 7 |
Joseph v. Ruffogreen2 sentences1997The underlying rational is that “ ‘ “[i]n some instances * * * the claim * * * may involve a constitutional question which the courts are reluctant to resolve if the non-constitutional claim is dispositive” ’ ” (Joseph v Ruffo, 101 AD2d 664, 666 , affd 64 NY2d 980 , quoting Matter of Johnson v Blum, 58 NY2d 454, 458, n 2 ). 1997The underlying rational is that “ ‘ “[i]n some instances * * * the claim * * * may involve a constitutional question which the courts are reluctant to resolve if the non-constitutional claim is dispositive” ’ ” (Joseph v Ruffo, 101 AD2d 664, 666 , affd 64 NY2d 980 , quoting Matter of Johnson v Blum, 58 NY2d 454, 458, n 2 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hagans v. Lavine
green
2 sentences2001Here, contrary to the ap pellant’s contention on appeal, the plaintiffs Federal claims were sufficient to meet the Gibbs test (see, Matter of Johnson v Blum, supra; Hagans v Lavine, 415 US 528 ). 2001Here, contrary to the ap pellant’s contention on appeal, the plaintiffs Federal claims were sufficient to meet the Gibbs test (see, Matter of Johnson v Blum, supra; Hagans v Lavine, 415 US 528 ). | 6 | 1983–2001 |
Hensley v. Eckerhart
green
2 sentences1984Thus, while the award of attorneys’ fees is justified under both the Gibbs test and the Matter of Johnson vBlum (supra) rationale, the fee must be refined in accordance with the degree of success obtained in keeping with the instructions of the United States Supreme Court in Hensley v Eckerhart (supra), which was handed down several months after Johnson and is, therefore binding upon this court. 1984Thus, while the award of attorneys’ fees is justified under both the Gibbs test and the Matter of Johnson vBlum (supra) rationale, the fee must be refined in accordance with the degree of success obtained in keeping with the instructions of the United States Supreme Court in Hensley v Eckerhart (supra), which was handed down several months after Johnson and is, therefore binding upon this court. | 2 | 1984–1997 |
Thomasel v. Perales
green
2 sentences1997Reviewing the first prong of the Gibbs test, which requires that the allegation have “substance sufficient to confer subject matter jurisdiction” (Matter of Johnson v Blum, supra, at 458, n 2), we find that both the facts and the verdict support the allegation that this claim was not “ ‘wholly insubstantial’, ‘obviously frivolous’ or ‘obviously without merit’ ” (Matter of Thomasel v Perales, 78 NY2d 561, 569 , quoting Hagens v Lavine, 415 US 528, 537-538 ). 1997Reviewing the first prong of the Gibbs test, which requires that the allegation have “substance sufficient to confer subject matter jurisdiction” (Matter of Johnson v Blum, supra, at 458, n 2), we find that both the facts and the verdict support the allegation that this claim was not “ ‘wholly insubstantial’, ‘obviously frivolous’ or ‘obviously without merit’ ” (Matter of Thomasel v Perales, 78 NY2d 561, 569 , quoting Hagens v Lavine, 415 US 528, 537-538 ). | 1 | 1997–1997 |
Texas State Teachers Ass'n v. Garland Independent School District
green
2 sentences1997Having determined that plaintiff was partially successful on the State claim and that the Federal allegations met the Gibbs test, we agree with Supreme Court that plaintiff was a “prevailing party” within the meaning of 42 USC § 1988 and thus entitled to an award of reasonable counsel fees (see, Texas Teachers Assn. v Garland School Dist., 489 US 782, 791 ). 1997Having determined that plaintiff was partially successful on the State claim and that the Federal allegations met the Gibbs test, we agree with Supreme Court that plaintiff was a “prevailing party” within the meaning of 42 USC § 1988 and thus entitled to an award of reasonable counsel fees (see, Texas Teachers Assn. v Garland School Dist., 489 US 782, 791 ). | 1 | 1997–1997 |
Joseph v. Ruffo
green
2 sentences1997The underlying rational is that “ ‘ “[i]n some instances * * * the claim * * * may involve a constitutional question which the courts are reluctant to resolve if the non-constitutional claim is dispositive” ’ ” (Joseph v Ruffo, 101 AD2d 664, 666 , affd 64 NY2d 980 , quoting Matter of Johnson v Blum, 58 NY2d 454, 458, n 2 ). 1997The underlying rational is that “ ‘ “[i]n some instances * * * the claim * * * may involve a constitutional question which the courts are reluctant to resolve if the non-constitutional claim is dispositive” ’ ” (Joseph v Ruffo, 101 AD2d 664, 666 , affd 64 NY2d 980 , quoting Matter of Johnson v Blum, 58 NY2d 454, 458, n 2 ). | 1 | 1997–1997 |
Miranda v. Arizona
green
1 sentence1975Although the landmark Miranda case, decided on June 13, 1966 (Miranda v Arizona, 384 US 436 ), was applicable to trials begun after that date (here the trial began in September, 1966), that decision was not cited by Gibbs in his brief before the Court of Appeals. | 1 | 1975–1975 |
People v. Navarro
neutral
1 sentence1975Furthermore, the State Reporter’s headnote of the case in the Court of Appeals ( 29 NY2d 754 ) states: "In the Court of Appeals defendant Gibbs argued that the trial court committed prejudicial error when it limited his counsel’s examination of prosecution witnesses concerning the fact that he had been requested to, and did, submit to a lie detector test; that the verdict was against the weight of the credible evidence, and that he had been illegally detained as a material witness following the stabbing.” I know that this court did not consider the Miranda issue when it affirmed petitioner’s c | 1 | 1975–1975 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.