GRAND TRUNK WESTERN RAILROAD

v.

MULAY PLASTICS, INC.

Citator

Cited By

• Eurus Kelly Waters v. Thomas, 46 F.3d 1506 (11th Cir. 1995)
  …int that it was. At least three other courts have considered whether use of the “spare him for science” argument constitutes ineffective assistance of counsel. In People v. Gacy, 103 Ill.2d 1, 82 Ill.Dec. 391, 468 N.E. 2d 1171 (1984), cert. denied, 470 U.S. 1037, 105 S.Ct. 1410, 84 L.Ed.2d 799 (1985), the main theme of counsel’s closing argument was that it would be better to study the defendant than to have him executed. Holding that the argument should be judged in context and did not amount to ineffectiv…
• Coleman v. Risley, 839 F.2d 434 (9th Cir. 1988)
  …on the defendant the burden of adducing mitigating evidence ‘sufficient’ to [*511] 'preclude imposition’ of the death penalty unconstitutionally "plac[ed] on the defendant the burden of proving that death is not appropriate in his particular case.” 470 U.S. 1037, 105 S.Ct. 1410, 84 L.Ed.2d 799 (1985), (Marshall, J., dissenting from denial of cert.). It is worth noting that the language of the Illinois statute in Gacy is similar to that of the statute challenged here, but in that case the Illinois courts,…
• Ortho Pharm. Corp. & Johnson & Johnson (Hong Kong) Ltd. v. Sona Distribs. & Elmcrest Trading, Ltd., 847 F.2d 1512 (11th Cir. 1988)
  …o., 742 F. 2d 369, 370 (7th Cir.1984) (in case involving sanctions imposed on party, implicitly suggesting that a sanction causing a liquidity crisis for the party obliged to pay might result in a finding of reviewability under Cohen), cert. denied, 470 U.S. 1037, 105 S.Ct. 1409, 84 L.Ed.2d 798 (1985). Also, when the party receiving the money is itself in a precarious financial position, the party that has paid the sanctions and is later determined to have been in the right may not be able to recover the mo…