Topic: due process,' unlike some legal rules, is not a technical c… · Go Syfert
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Topic #4758

8 canonical passages across 6 cases, quoted by 70 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 Cafeteria & Restaurant Workers Union, Local 473 v. McElroy.

#Case FlagCanonical passage Citers
1 Cafeteria & Restaurant Workers Union, Local 473 v. McElroy Anchor
scotus · 1961
green “due process,' unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances.” 34
2 Robin Zinser v. Accufix Research Institute, Inc.
ca9 · 2001
green “class certification under rule 23(b)(2) is appropriate only where the primary relief sought is declaratory or injunctive.” 13
3 Waste Management Holdings, Inc. v. Mowbray
ca1 · 2000
green “an abuse occurs when a court, in making a discretionary ruling, relies upon an improper factor, omits consideration of a factor entitled to substantial weight, or mulls the correct mix of factors but makes a clear error of judgment in assaying them.” 7
4 Dukes v. Wal-Mart Stores, Inc.
cand · 2004
green “is recoverable as an equitable, make-whole remedy in employment class actions notwithstanding its monetary nature.” 4
5 Dolores DONINGER Et Al., Appellants, v. PACIFIC NORTHWEST BELL, INC., Appellee
ca9 · 1977
green “judgment of the trial court should be given the greatest respect and the broadest discretion” 3
6 Sperling v. Hoffmann-La Roche, Inc.
njd · 1996
green “decentralized, discretionary decisionmaking is not inherently discriminatory.” 3
7 Dukes v. Wal-Mart Stores, Inc.
cand · 2004
green “and while the presence of excessive subjectivity, alone, does not necessarily create a common question of fact, where, as here, such subjectivity is part of a consistent corporate policy and supported by other evidence giving rise to an inference of discrimination, courts have n…” 3
8 Dukes v. Wal-Mart Stores, Inc.
cand · 2004
green “plaintiffs may demonstrate commonality by showing that class members have shared legal issues by divergent facts or that they share a common core of facts but base their claims for relief on different legal theories.” 3

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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