THOMAS

v.

UNITED STATES

Citator

Cited By (18 total)

• Ernst & Ernst v. Hochfelder, 425 U.S. 185 (U.S. 1976)
  …ld that some type of scienter — i. e., intent to defraud, reckless disregard for the truth, or knowing use of some practice to defraud — is necessary in such an action. See, e. g., Clegg v. Conk, 507 F. 2d 1351, 1361— 1362 (CA10 1974), cert. denied, 422 U. S. 1007 (1975) (an element of “scienter or conscious fault”); Lanza v. Drexel & Co., 479 F. 2d 1277, 1306 (CA2 1973) (“willful or reckless disregard” of the truth). But few of the decisions announcing that some form of negligence suffices for civil liabil…
• United States v. Spetz, 721 F.2d 1457 (9th Cir. 1983)
  …gents, having obtained possession by a lawful seizure under the forfeiture statutes, may search a vehicle at will.” Johnson, 572 F. 2d at 233 (search two weeks after seizure); United States v. Karp, 508 F. 2d 1122, 1124 (9th Cir.1974), cert. denied, 422 U.S. 1007, 95 S.Ct. 2628, 45 L.Ed.2d 669 (1975); McCormick, 502 F. 2d at 284. See also Chambers v. Maroney, 399 U.S. 42, 52, 90 S.Ct. 1975, 1981, 26 L.Ed.2d 419 (1970). V. FORTUNE FAVORS THE BRAVE Kalik argues that the trial court erred in admitting into e…
• Zimmerman v. First Fed. Sav. & Loan Ass'n OF Rapid City, 848 F.2d 1047 (10th Cir. 1988)
  …ivil cases only rarely will we review error when a specific objection was not made at trial.”); Clegg v. Conk, 507 F. 2d 1351, 1362 (10th Cir.1974) (party claiming plain error has “heavy burden of demonstrating fundamental injustice”), cert. denied, 422 U.S. 1007, 95 S.Ct. 2628, 45 L.Ed.2d 669 (1975). The instruction given in this case was not “patently plainly erroneous and prejudicial.” We therefore decline to review the aspect of it to which WPSC now objects. WPSC raises a final issue regarding the promi…