FIERRO
v.
CALIFORNIA

U.S. | 1992-10-05
No. 91-8714
Justice Blackmun would grant the petition, vacate the judgment, and remand the case for further consideration in light of Dawson v. Delaware, 503 U. S. 159 (1992).
506 U.S. 907 Supreme Court of the United States (1992) Positive Treatment
Cited by 3 cases

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  • Brown v. Budget Rent-A-Car Sys., Inc., 119 F.3d 922 (11th Cir. 1997)
    …of facts in support of his claim which would entitle him to relief.” Pataula Elec. Membership Corp. v. Whitworth, 951 F. 2d 1238, 1240 (11th Cir.) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)), cert. denied, 506 U.S. 907, 113 S.Ct. 302, 121 L.Ed.2d 225 (1992). The district court found that because the alleged obligations did not arise from an “extension or offer of credit,” Brown failed to plead the essential element of a “debt.” Thus, this appeal presents the iss…
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  • Hall v. Coram Healthcare Corp., 157 F.3d 1286 (11th Cir. 1998)
    …C.F.R. § 240.10b-5. . 15 U.S.C. § 78t(a). . O.C.G.A. § 10-5-12(a)(2). . O.C.G.A. § 51-6-4. . Harper v. Thomas, 988 F. 2d 101, 103 (11th Cir.1993). . Pataula Elec. Membership Corp. v. Whitworth, 951 F. 2d 1238, 1240 (11th Cir.1992), cert. denied, 506 U.S. 907, 113 S.Ct. 302, 121 L.Ed.2d 225 (1992). . See Basic, Inc. v. Levinson, 485 U.S. 224, 243, 108 S.Ct. 978, 989, 99 L.Ed.2d 194 (1988)(emphasis added). . Settlement Agreement ¶ 10.7 (emphasis added). . Matsushita Elec. Indus. Co. Ltd. v. Epstein,…
  • Circa Ltd. v. City OF Miami, 79 F.3d 1057 (11th Cir. 1996)
    …. The district court thought that this self-compulsion gave Circa a property right as soon as its proposal was approved. It found an analogy between this ease and Pataula Elec. Membership Corp. v. Whitworth, 951 F. 2d 1238 (11th Cir.), cert. denied 506 U.S. 907, 113 S.Ct. 302, 121 L.Ed.2d 225 (1992). There we held that, when a public entity awards contracts through a competitive bidding process, the lowest bidder for a contract has a property right as soon as the public entity accepts its bid. Under applic…

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