FURRH
v.
SABINE TOWING & TRANSPORTATION CO., INC.

U.S. | 1990-10-01
No. 89-1852
498 U.S. 816 Supreme Court of the United States (1990) Positive Treatment
Cited by 10 cases

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  • Perez v. State, 673 So. 2d 160 (Fla. 4th DCA 1996)
    …lled.” Moran v. Burbine, 475 U.S. 412, 433 n. 4, 106 S.Ct. 1135, 1147 n. 4, 89 L.Ed.2d 410, 428 n. 4 (1986). Similarly, the individual must assert the right to counsel. Id.; see also United States v. Scarpa, 897 F. 2d 63, 69 (2d Cir.), cert. denied, 498 U.S. 816, 111 S.Ct. 57, 112 L.Ed.2d 32 (1990); Commonwealth v. Lowery, 276 Pa.Super. 569, 419 A. 2d 604, 608 (1980). We are unable to find any case where a third party has been allowed to invoke Miranda rights on behalf of a competent adult. Appellant furth…
  • Wyatt v. Cole, 504 U.S. 158 (U.S. 1992)
    …mstances, private parties acting under color of state law are not entitled to such an immunity. See Downs v. Sawtelle, 574 F. 2d 1, 15-16 (CA1), cert. denied, 439 U. S. 910 (1978); Conner v. Santa Ana, 897 F. 2d 1487, 1492, n. 9 (CA9), cert. denied, 498 U. S. 816 (1990); Howerton v. Gabica, 708 F. 2d 380, 385, n. 10 (CA9 1983). The Sixth Circuit has rejected qualified immunity for private defendants sued under § 1983 but has established a good faith defense. Duncan v. Peck, 844 F. 2d 1261 (1988). II Titl…
  • …ed States Healthcare, Inc. v. Blue Cross of Greater Phila., 898 F. 2d 914, 926 (3d Cir.), (In the context of the advertising in the case, the defendant’s claim that it was the better health care plan was an innocuous kind of puffery.), cert. denied, 498 U.S. 816, 111 S.Ct. 58, 112 L.Ed.2d 33 (1990).7 [*946] Pennzoil’s claim of engine protection by contrast involves more than a mere generality. Here, the claim is both specific and measurable by comparative research. In fact, Pennzoil seeks to substantiate it…
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