University Of Tennessee V. Elliott

13 Florida cases classified under this topic · sorted by citation count · browse and sort

• Gjellum v. The City OF Birmingham
  829 F.2d 1056· 11th Cir.· 1987-10-13 ·cited 30×
  The court held that federal common law of preclusion does not require application of state claim preclusion rules to unreviewed state administrative decisions in Section 1983 suits.
• DeCINTIO v. Westchester Cnty. Med. Ctr.
  821 F.2d 111· 2d Cir.· 1987-06-08 ·cited 29×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding retaliatory discharge, as the employer demonstrated legitimate, non-discriminatory reasons for the termination supported by convincing evidence.
• Frazier v. King
  873 F.2d 820· 5th Cir.· 1989-05-30 ·cited 18×
  The majority found that neither federal nor state claim preclusion rules barred the plaintiff's § 1983 claim. The dissenting judge disagreed with the suggestion that a federal claim preclusion rule could apply.
• Eilrich v. Remas
  839 F.2d 630· 9th Cir.· 1988-02-17 ·cited 18×
  Collateral estoppel bars a federal civil rights claim if the same issues were resolved in a prior administrative proceeding that would be given preclusive effect under state law, even if that proceeding was not judicially reviewed.
• Peery v. Verne Brakke
  826 F.2d 740· 8th Cir.· 1987-08-12 ·cited 18×
  The court held that the district court erred in granting judgment notwithstanding the verdict because the employee did not receive adequate procedural due process prior to termination. The court also held that the governing Supreme Court decision applied retroactively and that th
• Long v. Laramie Cnty. Cmty. Coll. Dist.
  840 F.2d 743· 10th Cir.· 1988-02-23 ·cited 14×
  The court held that the trial court did not err in its Title VII findings, but erred in granting summary judgment on some § 1983 and § 1985 claims due to the preclusive effect of administrative findings.
• Robert Barnes (86-6261) & Joe Thompson (87-5776) v. McDOWELL
  848 F.2d 725· 6th Cir.· 1988-06-07 ·cited 10×
  The court held that while state administrative findings of sexual harassment may have preclusive effect on the justification for discharge, they do not preclude a federal claim that the discharge was motivated by retaliation for protected speech. The court also held that an emplo
• Abramson v. The Council Bluffs Cmty. Sch. Dist.
  808 F.2d 1307· 8th Cir.· 1987-01-26 ·cited 6×
  Unreviewed administrative proceedings do not preclude Title VII claims, but may preclude § 1983 claims if the agency acted in a judicial capacity. The court remanded for further proceedings on jurisdictional issues.
• Carol v. Roth
  993 F.2d 1058· 3d Cir.· 1993-05-24 ·cited 4×
  Unreviewed findings of a state unemployment compensation board do not have collateral estoppel effect in a subsequent Title VII action.
• Solimino v. Astoria Fed. Sav. & Loan Ass'n
  901 F.2d 1148· 2d Cir.· 1990-04-12 ·cited 2×
  Judicially unreviewed findings of a state agency have no preclusive effect in federal Age Discrimination in Employment Act (ADEA) suits.
• Kirkland v. City OF Peekskill
  828 F.2d 104· 2d Cir.· 1987-09-11 ·cited 2×
  The court held that the plaintiff's federal claims were precluded by res judicata due to prior determinations by the New York State Division of Human Rights and subsequent state court proceedings.
• Manya Atiya, M.D. v. Salt Lake Cnty.
  988 F.2d 1013· 10th Cir.· 1993-03-12
  The court held that the district court did not err in granting summary judgment for the defendants based on quasi-judicial immunity for some defendants and collateral estoppel for others, as the prior administrative proceeding met the requirements for preclusion.
• Crot v. Byrne
  957 F.2d 394· 7th Cir.· 1992-02-28
  The court held that the Illinois Industrial Commission's determination that the plaintiff's discharge did not cause his stroke collaterally estopped him from relitigating that issue in a subsequent federal action.