green
Positive treatment
Quoted verbatim 1×
10.4 score
“we find no error in the district court's choice of the prima facie standard. a full-blown evidentiary hearing was not necessary in this case because the facts were, in all essential respects, undisputed. in such circumstances, the prima facie standard is both appropriate and pref…”
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 27 distinct citers.
examined
Cited as authority (quoted)
Bearse v. Main Street Investments
(2×)
also: Cited "see"
we find no error in the district court's choice of the prima facie standard. a full-blown evidentiary hearing was not necessary in this case because the facts were, in all essential respects, undisputed. in such circumstances, the prima facie standard is both appropriate and pref…
discussed
Cited as authority (rule)
Rodriguez v. SAMSUNG ELECTRONICS CO., LTD.
(2×)
also: Cited "see"
Ct. 1333, 137 L.Ed.2d 493 (1997). 6 Therefore, while the application of Korean law is a public factor that weighs in favor of granting defendant’s motion, this factor does not overcome the deference due to the plaintiffs choice of forum and the other factors favoring retention of jurisdiction in Massachusetts.
discussed
Cited "see"
Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC And Toth Enterprises II, P .A. D/B/A Victory Medical Center
(2×)
See Nowak v. Tak How Invs., Ltd., 94 F.3d 708 When a foreign corporation directly targets residents (1st Cir.1996), cert. denied 520 U.S. 1155 , 117 S.Ct. 1333 , in an ongoing effort to further a business relationship, 137 L.Ed.2d 493 (1997).
cited
Cited "see"
Blair ex rel. Estate of Blair v. Harris
See Jefferson v. City of Tarrant, 520 U.S. 1154 , 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997).
cited
Cited "see"
Thibodeau v. American Baptist Churches
See Bible Way Church of Our Lord Jesus Christ of the Apostolic Faith v. Beards, 680 A.2d 419, 430 (D.C. 1996), cert. denied, 520 U.S. 1155 , 117 S. Ct. 1335 , 137 L.
examined
Cited "see"
Moki Mac River Expeditions v. Drugg
(4×)
See Nowak v. Tak How Invs., Ltd., 94 F.3d 708 (1st Cir.1996), cert. denied 520 U.S. 1155 , 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997).
discussed
Cited "see"
Madan-Russo v. Grupo Posada, S.A. de C.V.
(2×)
See, Nowak v. Tak How Investments, Ltd., 94 F. 3d 708 (1st Cir.1996), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997) (finding that defendant’s arguments of cost of transporting witnesses did not constitute the type of “oppressiveness and vexation” disproportionate to the plaintiff’s convenience in suing in Massachusetts rather than Hong Kong for wrongful death of his wife in a hotel pool).
discussed
Cited "see"
Fern v. Immergut
See Nowak v. Tak How Invs., Ltd., 94 F.3d 708, 715-716 (1st Cir. 1996), cert. denied 520 U.S. 1155 (1997) (espousing flexible approach loosening proximate cause standard when circumstances dictate).
discussed
Cited "see"
Laurie Mcmenemy v. City Of Rochester
See Kern v. City of Rochester, 93 F.3d 38, 46-47 (2d Cir. 1996), cert. denied, 520 U.S. 1155 (1997); 42 U.S.C. § 2000e(b) (defining "employer" as an entity having at least fifteen employees). 25 Our decisions have emphasized, however, that an employment practice need not actually violate Title VII for the protected activities element of a retaliation claim to be satisfied.
discussed
Cited "see"
McMenemy v. City of Rochester
See Kern v. City of Rochester, 93 F.3d 38, 46-47 (2d Cir.1996), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997); 42 U.S.C. § 2000e(b) (defining “employer” as an entity having at least fifteen employees).
discussed
Cited "see"
Gonzalez v. New York State Department of Correctional Services Fishkill Correctional Facility
As the Eighth Circuit has held, “in order to establish a prima facie case of discrimination, the employee must have engaged in statutorily protected activity.” Smith v. Rice-land Foods, Inc., 151 F.3d 813, 818 (8th Cir.1998); see also Holt v. JTM Indus., Inc., 89 F.3d 1224, 1226-27 (5th Cir.1996), cert. denied, 520 U.S. 1229 , 117 S.Ct. 1821 , 137 L.Ed.2d 1029 (1997); See Kern v. City of Rochester, 93 F.3d 38, 44 (2d Cir.1996) (noting that a plaintiff must ordinarily assert her own rights and interests and cannot rely on the legal interests or rights of others), cert. denied, 520 U.S. 1155…
discussed
Cited "see"
City of Philadelphia v. Consolidated Rail Corp.
(2×)
See City of Philadelphia v. Pennsylvania Public Utility Comm'n, 676 A.2d 1298 (Pa. Cmwlth.1996), [*] appeal denied, 546 Pa. 657 , 684 A.2d 558 (1996), cert, denied, 520 U.S. 1155 , 117 S.Ct. 1334 , 137 L.Ed.2d 494 (1997).
discussed
Cited "see"
Strass v. Kaiser Foundation Health Plan of Mid-Atlantic
(2×)
See Bible Way Church v. Beards, 680 A.2d 419, 431 (D.C. 1996), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997); Griffith v. Butler, 571 A.2d 1161 , 1163 n. 3 (D.C.1990). .
discussed
Cited "see"
Owens v. Southern Development Council, Inc.
See Kern v. City of Rochester, 93 F.3d 38, 47 (2d Cir.1996) (“There is no indication that any of the non-officer board members performed any traditional employee duties, such as maintaining records or managing the office.”), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997); Equal Employment Opportunity Comm’n v. First Catholic Slovak Ladies Ass’n, 694 F.2d 1068, 1070 (6th Cir.1982) (listing the traditional employee duties as maintaining records, preparing financial statements, and managing the office), cert. denied, 464 U.S. 819 , 104 S.Ct. 80 , 78 L.Ed.2d 90 (1983…
discussed
Cited "see"
Burton v. Statewide Grievance Committee, No. Cv97 0573377 (Sep. 24, 1998)
"False statements, made with reckless disregard of the truth, do not enjoy constitutional protection." (Citations omitted; internal quotation marks omitted.) Id.; see In re Howard , 912 S.W.2d 61 , 63 (Mo., 1995); see Idaho State Bar v. Topp , 925 P.2d 1113 , 1116 (Idaho, 1996), cert. denied, ___ U.S. ___, CT Page 10937 117 S.Ct. 1334 , 137 L.Ed.2d 493 (1997).
cited
Cited "see"
Raymond v. Moyle v. Director, Office of Workers' Compensation Programs Jones Oregon Stevedoring Co.
See Sproull v. Director, OWCP, 86 F.3d 895, 898 (9th Cir.1996), cert. denied — U.S. -, - 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997).
cited
Cited "see"
Unicomp, Inc. v. Harcros Pigments, Inc.
See Recommended Decision at 2 (quoting Nowak v. Tak How Invs., Ltd., 94 F.3d 708, 712-13 (1st Cir.1996), cert. denied, - U.S. —, 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997)). 2 .
cited
Cited "see"
Scott v. Jones
See Nowak v. Tak How Investments, Ltd., 94 F.3d 708, 715 (1st Cir. 1996), cert. denied, — U.S. -, 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997).
discussed
Cited "see"
Eagle Marine Services v. Director, Office of Workers Compensation Programs Alfred B. Wolfskill
See Sproull v. Director, OWCP, 86 F.3d 895 (9th Cir.1996) (rejecting the employer’s argument that vacation pay received postinjury, which was earned the previous calendar year, constitutes postinjury earnings), cert. denied, — U.S. -, 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997). 7 The decision of the Benefits Review Board affirming the ALJ’s order awarding benefits to Alfred Wolfskill is affirmed.
discussed
Cited "see"
Systemation, Inc. v. Engel Industries, Inc.
See Nowak v. Tak How Investments, Ltd., 94 F.3d 708, 713-717 (1 Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997); Christopher v. Mount Snow, Ltd., 1996 WL 590738 (D.Mass.1996).
discussed
Cited "see, e.g."
Boyd v. Larregui
See also Patterson v. Cty. of Oneida, N.Y., 375 F.3d 206 , 226 (2d Cir. 2004) ("A policy, custom, or practice may also be inferred where 'the municipality so failed to train its employees as to display a deliberate indifference to the constitutional rights of those within its jurisdiction.'") (quoting Kern v. City of Rochester, 93 F.3d 38, 44 (2d Cir.1996), cert. denied, 520 U.S. 1155 (1997)). 10 Plaintiff has chosen to draft his failure to train claim as a claim for "deliberate indifference" to his constitutional rights.
discussed
Cited "see, e.g."
Brown v. NEW YORK STATE DEPT. OF CORREC. SERVICES
Patterson v. County of Oneida, 375 F.3d 206, 230 (2d Cir.2004); see also Kern v. City of Rochester, 93 F.3d 38, 43 (2d Cir.1996) ("Mere employment by a state or municipality does not automatically mean that a defendant's actions are taken under the color of state law"), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997).
discussed
Cited "see, e.g."
Brown v. New York State Department of Correctional Services
Patterson v. County of Oneida, 375 F.3d 206, 230 (2d Cir.2004); see also Kern v. City of Rochester, 93 F.3d 38, 43 (2d Cir.1996) (“Mere employment by a state or municipality does not automatically mean that a defendant’s actions are taken under the color of state law”), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997).
discussed
Cited "see, e.g."
District of Columbia v. Beretta, U.S.A., Corp.
(2×)
R. 12(b)(6) (failure to state a claim on which relief can be granted); see also Bible Way Church v. Beards, 680 A.2d 419, 432 (D.C.1996), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997) (affirming dismissal of breach of contract and tortious interference with contract claims under Rule 12(b)(6) because the complaint did not indicate that plaintiff had a contract with defendant).
discussed
Cited "see, e.g."
Daggitt v. United Food And Commercial Workers International Union, Local 304a
See, e.g., Kern v. City of Rochester, 93 F.3d 38, 47 (2d Cir. 1996) (holding non-officer executive board members did not perform traditional employee duties and therefore were not employees for purposes of Title VII jurisdiction), cert. denied, 520 U.S. 1155 (1997); Chavero v. Local 241, Div. of Amalgamated Transit Union, 787 F.2d 1154 , 1157 (7th Cir. 1986) (holding that union executive board members are not "employees" for purposes of Title VII jurisdiction because directors are employers rather than employees unless they perform traditional employee duties).
discussed
Cited "see, e.g."
Daggitt v. United Food & Commercial Workers International Union, Local 304A
See, e.g., Kern. v. City of Rochester, 93 F.3d 38, 47 (2d Cir.1996) (holding non-officer executive board members did not perform traditional employee duties and therefore were not employees for purposes of Title VII jurisdiction), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997); Chavero v. Local 241, Div. of Amalgamated Transit Union, 787 F.2d 1154 , 1157 (7th Cir.1986) (holding that union executive board members are not “employees” for purposes of Title VII jurisdiction because directors are employers rather than employees unless they perform traditional employee dut…
discussed
Cited "see, e.g."
SBKC Service Corp. v. 1111 Prospect Partners, L.P.
See 16 Moore’s Federal Practice, [§ 108.42(7)(b) ] (Matthew Bender 3d ed.1997); see also Nowak v. Tak How Investments, Ltd., 94 F.3d 708, 714-16 (1st Cir.1996)(discussing differences between proximate cause and “but for” tests), cert. denied, — U.S. -, 117 S.Ct. 1333 , 137 L.Ed.2d 493 (1997).
Stevedoring Services of America
v.
Director, Office of Workers' Compensation Programs, Department of Labor
v.
Director, Office of Workers' Compensation Programs, Department of Labor
No. 96-859.
Supreme Court of the United States.
Mar 31, 1997.
Published
Citer courts: D. Massachusetts (1)
C. A. 9th Cir. Certiorari denied.