Topic: arbitrary, capricious, whimsical, or manifestly unreasonabl… · Go Syfert
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Topic #24333

6 canonical passages across 5 cases, quoted by 17 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from ClearOne Communications, Inc. v. Bowers.

#Case FlagCanonical passage Citers
1 ClearOne Communications, Inc. v. Bowers Anchor
ca10 · 2011
green “arbitrary, capricious, whimsical, or manifestly unreasonable judgment.” 3
2 Vehicle Market Research, Inc. v. Mitchell International, Inc.
ca10 · 2014
green “a powerful weapon to employ against a party seeking to vindicate its rights, and there are often lesser weapons that can keep alleged inconsistent statements in check.” 3
3 Showtime Entertainment, LLC v. Town of Mendon
ca1 · 2014
green “faced a similar duality in the first amendment context.” 3
4 Petrella ex rel. N.P. v. Brownback
ca10 · 2012
green “the injury alleged must be 'concrete and particularized,” 3
5 BancInsure, Inc. v. Federal Deposit Insurance
ca10 · 2015
green “this circuit applies the doctrine of judicial estoppel 'both narrowly and cautiously.” 3
6 Showtime Entertainment, LLC v. Town of Mendon
ca1 · 2014
green “this case highlights the sometimes nebulous nature of the distinction between facial and as-applied challenges, for showtime's challenge does not fit neatly within our traditional concept of either type of claim.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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