green
Positive treatment
Quoted verbatim 1×
7.2 score
“the eleventh amendment does not bar state-law actions against state officials in their individual capacity.”
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 25 distinct citers.
discussed
Cited "see"
Cullinan v. Abramson
(2×)
See Linne v. Rideoutte, 971 F.2d 766 (D.C.Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1643 , 123 L.Ed.2d 265 (1993), where the enactment of RICO was held not to have abrogated the immunities by which government officials and witnesses are protected from civil damage claims.
discussed
Cited "see"
Cullinan v. Abramson
(2×)
See Linne v. Rideoutte, 971 F.2d 766 (D.C.Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1643 , 123 L.Ed.2d 265 (1993), where the enactment of RICO was held riot to have abrogated the immunities by which government officials and witnesses are protected from civil damage claims.
cited
Cited "see"
Gaines v. City of Phoenix
See Imagineering, Inc. v. Kiewit Pacific Co., 976 F.2d 1303, 1309 (9th Cir.1992), cert. denied, 507 U.S. 1004 (1993). 3 AFFIRMED.
cited
Cited "see"
Schwartz v. Upper Deck Co.
See Imagineering, Inc. v. Kiewit Pacific Co., 976 F.2d 1303 (9th Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993) (subcontractors’ lost profits claim too speculative).
discussed
Cited "see"
Chacko v. Texas a & M University
A plaintiff, however, can “pursue a remedy under § 1983 as well as under Title VII when the employer’s conduct violates both Title VII and a separate constitutional or statutory right.” See id. at n. 13 (emphasis *1196 in original) (citing Johnston v. Harris County Flood Control Dist., 869 F.2d 1565, 1573 (5th Cir.1989), cert. denied, 493 U.S. 1019 , 110 S.Ct. 718 , 107 L.Ed.2d 738 (1990)); accord Wilson v. UT Health Ctr., 973 F.2d 1263, 1268 (5th Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993).
discussed
Cited "see"
Sharp v. City of Houston
A plaintiff, however, can “pursue a remedy under § 1983 as well as under Title VII when the employer’s conduct violates both Title VII and a separate constitutional or statutory right.” See id. at n. 13 (emphasis in original) (citing Johnston v. Harris County Flood Control Dist., 869 F.2d 1565, 1573 (5th Cir.1989), cert. denied, 493 U.S. 1019 , 110 S.Ct. 718 , 107 L.Ed.2d 738 (1990)); accord Wilson v. UT Health Ctr., 973 F.2d 1263, 1268 (5th Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993).
cited
Cited "see"
Schwartz v. the Upper Deck Co.
See Imagineering, Inc. v. Kiewit Pacific Co., 976 F.2d 1303 (9th Cir.1992), cert denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993).
discussed
Cited "see"
United States v. Winters
(2×)
See U.S. v. Heath, 970 F.2d 1397, 1406 (5th Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1643 , 123 L.Ed.2d 265 (1993).
discussed
Cited "see"
United States v. Winters
(2×)
See U.S. v. Heath, 970 F.2d 1397, 1406 (5th Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1643 , 123 L.Ed.2d 265 (1993). 16 Winters complains that the district court coerced the jury into finding him guilty by stating that "[i]f you should fail to agree on a verdict as to the remaining counts the case is left open and must be tried again." Winters asserts this claim despite acknowledging that the modified Allen charge given by the court in this case has been explicitly approved by the Fifth Circuit.
discussed
Cited "see"
United States v. Juvenile Shoe Corp. of America
(2×)
See In re C-T of Virginia, Inc., 977 F.2d 137 , 140 (4th Cir. 1992) (holding in a pre-Reorganized CF & I decision that section 4980 operates primarily to generate revenue), cert. denied, 507 U.S. 1004 (1993).5 5 In reaching its conclusion, the Fourth Circuit used a test similar to Reorganized CF & I for determining whether a levy constitutes an excise tax or a penalty.
discussed
Cited "see"
In Re Juvenile Shoe Corporation Of America
See In re C-T of Virginia, Inc., 977 F.2d 137 , 140 (4th Cir.1992) (holding in a pre-Reorganized CF & I decision that section 4980 operates primarily to generate revenue), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993). 5 8 To recapture the revenue lost to the government, Congress chose a flat tax on the amount reverted to the corporation.
discussed
Cited "see"
In Re American Honda Motor Co. Dealerships Litig.
See Imagineering, Inc. v. Kiewit Pacific Co., 976 F.2d 1303, 1310 (9th Cir. 1992) (“[T]he facts alleged do not establish ‘proof of concrete financial loss,’ let alone show that money was paid out____”), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993). 9 Here', plaintiffs have alleged a tangible business loss: they claim that they should have received more cars than they did, cars that would have been immediately sold for a profit.
discussed
Cited "see, e.g."
Hill v. Opus Corp.
See also Imagineering, Inc. v. Kiewit Pacific Co., 976 F.2d 1303, 1311 (9th Cir.1992) ("In order to maintain a cause of action under RICO then, the plaintiff must show not only that the defendant’s violation was a `but for’ cause of his injury, but that it was the proximate cause as well" (citation omitted)), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993); accord Chaset, 300 F.3d at 1086-87; Oki Semiconductor Co. v. Wells Fargo Bank, Nat’l Ass’n, 298 F.3d 768, 773 (9th Cir.2002); Resolution Trust Corp. v. Keating, 186 F.3d 1110, 1117 (9th Cir.1999).
discussed
Cited "see, e.g."
Association of Washington Public Hospital Districts v. Philip Morris Inc.
Oregon Laborers, 185 F.3d at 963 ; see also Imagineering, Inc. v. Kiewit Pacific Co., 976 F.2d 1303 (9th Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993) (holding that subcontractors lacked standing to bring RICO claim against defendant, whose fraud allegedly caused their prime contractor to lose bid); Pillsbury, Madison & Sutro v. Lerner, 31 F.3d 924, 929 (9th Cir.1994) (affirming dismissal of subtenant’s RICO claim that defendant’s fraudulent acts raised master tenant’s rent, which was passed on to plaintiff).
discussed
Cited "see, e.g."
Wardell Moore v. State
(2×)
See Wawrykow v. State , 866 S.W.2d 87, 89 (Tex. App.--Beaumont 1993, pet. ref'd); see also United States v. Heath , 970 F.2d 1397, 1402 (5th Cir.1992), cert. denied sub nom , Cheng v. U.S. , 507 U.S. 1004 (1993).
discussed
Cited "see, e.g."
Obigbo v. State
(2×)
See Jones v. State, 900 S.W.2d 392, 399 (Tex.App.-San Antonio 1995, pet. refd); Wawrykow v. State, 866 S.W.2d 87, 88-89 (Tex.App.-Beaumont 1993, pet. ref'd); see also United States v. Heath, 970 F.2d 1397, 1402 (5th Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1643 , 123 L.Ed.2d 265 (1993).
discussed
Cited "see, e.g."
Grace v. Rosenstock
Id. at 929-31; see also Howing Co. v. Nationwide Corp., 972 F.2d 700, 708-09 (6th Cir. 1992) (holding that the loss of a state law remedy creates a federal action under § 13(e) of the Securities Exchange Act), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1645 , 123 L.Ed.2d 266 (1993); Thouret v. Hudner, No. 95 Civ. 1793(JSM), 1996 WL 38824 , at *2-3 (S.D.N.Y.
cited
Cited "see, e.g."
Caro v. City of Dallas
See, e.g., Wilson v. UT Health Center, 973 F.2d 1263, 1269 (5th Cir.1992), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993).
discussed
Cited "see, e.g."
Shinn v. College Station Independent School District
No. 380, 689 F.Supp. 1055, 1058-59 (D.Kan.1986) (dismissing plaintiff's first amendment claim where the complaint did not indicate retaliation by school officials or a restriction of plaintiff's first amendment rights); see also Wilson v. UT Health Ctr., 973 F.2d 1263, 1270 (5th Cir.1992) (upholding directed verdict on first amendment claim because plaintiff produced insufficient evidence that certain defendants "retaliated against her for her speech"), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993). 2 6 For the foregoing reasons, we AFFIRM the judgment of the district c…
discussed
Cited "see, e.g."
Shinn Ex Rel. Shinn v. College Station Independent School District
(2×)
No. 380, 689 F.Supp. 1055, 1058-59 (D.Kan.1986) (dismissing plaintiff's first amendment claim where the complaint did not indicate retaliation by school officials or a restriction of plaintiff's first amendment rights); see also Wilson v. UT Health Ctr., 973 F.2d 1263, 1270 (5th Cir.1992) (upholding directed verdict on first amendment claim because plaintiff produced insufficient evidence that certain defendants "retaliated against her for her speech"), cert. denied, 507 U.S. 1004 , 113 S.Ct. 1644 , 123 L.Ed.2d 266 (1993).2 2 Additionally, because the Plaintiffs have failed to establish the vi…
discussed
Cited "see, e.g."
Boyd v. Scott
See e.g., United States v. Heath, 970 F.2d 1397, 1406 (5th Cir. 1992) (reviewing modified Allen charge for compliance with semantic deviation from approved Allen charges, and assessing coerciveness of surrounding circumstances), cert. denied, 113 S. Ct. 1643 (1993); United States v. Lindell, 881 F.2d 1313, 1321 (5th Cir. 1989) (same), cert. denied, Kinnear v. United States, 493 U.S. 1087 (1990) and 496 U.S. 926 (1990); United States v.Bottom, 638 F.2d 781, 787 (5th Cir. 1981) (same). 18 484 U.S. 231 , (1988) 13 sentencing him to death.
discussed
Cited "see, e.g."
Boyd v. Scott
(2×)
See e.g., United States v. Heath, 970 F.2d 1397, 1406 (5th Cir.1992) (reviewing modified Allen charge for compliance with semantic deviation from approved Allen charges, and assessing coerciveness of surrounding circumstances), cer t. denied, - U.S. -, 113 S.Ct. 1643 , 123 L.Ed.2d 265 (1993); United States v. Lindell, 881 F.2d 1313, 1321 (5th Cir.1989) (same), cert. denied, Kinnear v. United States, 493 U.S. 1087 , 110 S.Ct. 1152 , 107 L.Ed.2d 1056 (1990) and 496 U.S. 926 , 110 S.Ct. 2621 , 110 L.Ed.2d 642 (1990); United States v. Bottom, 638 F.2d 781, 787 (5th Cir.1981) (same). . 484 U.S. 231…
discussed
Cited "see, e.g."
United States v. Frank Stallings, Jr.
See, e.g., United States v. Welliver, 976 F.2d 1148, 1151 (8th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1643 , 123 L.Ed.2d 265 (1993); Kiser, 948 F.2d at 424 ; United States v. Monie, 907 F.2d 793, 794 (8th Cir.1990).
discussed
Cited "see, e.g."
United States v. Hord
The amended § 1344 also changes the penalties for a violation of the section to a fine of not more than $1,000,000 or imprisonment for not more than 20 years, or both. 18 U.S.C. § 1344 (Supp. 1993); see also United States v. Medeles, 916 F.2d 195 , 196-97 and 197 n.1 (discussing amendments to § 1344). - 8 - Heath, 970 F.2d 1397, 1402 (5th Cir. 1992), cert. denied, ___ U.S. ___, 113 S. Ct. 1643 (1993), we found a single execution of a scheme to defraud, although the scheme involved procuring two separate loans from a single financial institution.
discussed
Cited "see, e.g."
United States of America, Appellee/cross-Appellant v. James P. Groene, Appellant/cross-Appellee
(2×)
See, e.g., United States v. Welliver, 976 F.2d 1148, 1154-55 (8th Cir. 1992), cert. denied, - U.S. -, 113 S.Ct. 1643 , 123 L.Ed.2d 265 (1993); United States v. Lewin, 900 F.2d at 147-48 ; and United States v. Land, 877 F.2d at 19 ; see also United States v. Gray, 897 F.2d at 1429 .
Linne
v.
Rideoutte
v.
Rideoutte
No. 92-996.
Supreme Court of the United States.
Mar 29, 1993.
C. A. D. C. Cir. Certiorari denied.