WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
v.
DARDEN

U.S. | 1985-02-19
No. 83-1613
469 U.S. 1202 Supreme Court of the United States (1985) Caution
Cited by 26 cases

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Cited By (12 total)

  • Darden v. Wainwright, 477 U.S. 168 (U.S. 1986)
    …tion for certiorari have been considered by this Court four times, see Darden v. Florida, 430 U. S. 704 (1977) (dismissing certiorari as improvidently granted); Darden v. Wainwright, 467 U. S. 1230 (1984) (denying certio-rari); Wainwright v. Darden, 469 U. S. 1202 (1985) (vacating and remanding 725 F. 2d 1526 (CA11 1984)); Darden v. Wainwright, [473 U. S. 927] (order dated September 3, 1985, denying application for stay), and have been passed upon no fewer than 95 times by federal and [*188] state court judge…
    1 / 2
  • Dreyer v. Arco Chem. Co., 801 F.2d 651 (3d Cir. 1986)
    …e and that the discharge was voluntary and not accidental, mistaken, or inadvertent.” Wehr v. Burroughs Corp., 619 F. 2d 276, 283 (3d Cir.1980); McDowell v. Avtex Fibers, Inc., 740 F. 2d 214, 218 (3d Cir.1984), vacated and remanded on other grounds, 469 U.S. 1202, 105 S.Ct. 1159, 84 L.Ed.2d 312 (1985). Because Thurston makes clear that we must interpret the liquidated damages provisions in a way that would not permit “an award of double damages in almost every case,” Thurston, 105 S.Ct. at 625, we must seek…
    1 / 2
  • Blum v. Witco Chem. Corp., 829 F.2d 367 (3d Cir. 1987)
    …ved by a plaintiff from the defendant after an illegal discharge are analogous to a collateral benefit and should not be set off against a back pay award, McDowell v. Avtex Fibers, Inc., 740 F. 2d 214, 217-18 (3d Cir.1984), vacated on other grounds, 469 U.S. 1202, 105 S.Ct. 1159, 84 L.Ed.2d 312 (1985), pension benefits received from a subsequent employer are simply another form of earned income, which, of course, may be set off from a front pay award consistent with plaintiff’s duty to mitigate damages. Witc…

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