WHIRLPOOL CORP.

v.

SPAGNUOLO

Citator

Cited By

• Trudy Walton v. United Consumers Club, 786 F.2d 303 (7th Cir. 1986)
  …a one-tier system with a period of three years. We therefore agree with the courts that have held that “willful” means the same thing throughout the ADEA and FLSA. E. g., Spagnuolo v. Whirlpool Corp., 641 F. 2d 1109, 1113 (4th Cir.), cert. denied, 454 U.S. 860, 102 S.Ct. 316, 70 L.Ed.2d 158 (1981). Thurston supplies one definition of “willful” for both. Even before Thurston we had defined “willful” for purposes of § 6(a) as requiring proof that “the defendant’s actions were knowing and voluntary and that…
• Arnold Pontiac-Gmc, Inc. v. Gen. Motors Corp., 786 F.2d 564 (3d Cir. 1986)
  …dation.” Salco Corp. v. General Motors Corp., 517 F. 2d at 573. The caselaw plainly requires actual coercion or intimidation as an element of an AADCA claim. Bob Maxfield, Inc. v. American Motors Corp., 637 F. 2d 1033, 1038 (5th Cir.), cert. denied, 454 U.S. 860, 102 S.Ct. 315, 70 L.Ed.2d 158 (1981). Consequently, it is well established that the duty of “good faith” dealing imposed by the Act must be given a narrow, rather than expansive, construction. Autohaus Brugger Inc. v. Saab Motors, Inc., 567 F. 2d…
• United States v. Rosenberg, 806 F.2d 1169 (3d Cir. 1986)
  …he imposition of a sentence on the basis of a defendant’s beliefs would violate the first amendment’s guarantees. See United States v. Lemon, 723 F. 2d 922, 937 (D.C.Cir.1983); United States v. Bangert, 645 F. 2d 1297, 1308 (8th Cir.), cert. denied, 454 U.S. 860, 102 S.Ct. 314, 70 L.Ed.2d 158 (1981); cf. Bordenkircher v. Hayes, 434 U.S. 357, 363, 98 S.Ct. 663, 667, 54 L.Ed.2d 604 (1978). A trial judge may consider a wide range of factors in fashioning a sentence to fit the crime and the individual defendant…