VAN DRASEK

v.

WEBB, SECRETARY OF THE NAVY, ET AL.

Citator

Cited By (18 total)

• Eurus Kelly Waters v. Thomas, 46 F.3d 1506 (11th Cir. 1995)
  …e issue of whether the jury instructions themselves contravened Caldwell. See generally, Mulligan v. Kemp, 818 F. 2d 746, 748 (11th Cir.) (rejecting Caldwell attack on jury instructions similar to the ones in this case), cert. denied, 481 U.S. 1043, 107 S.Ct. 2171, 95 L.Ed.2d 828 (1987). At oral argument, when Waters’ present counsel was asked if he had made a deliberate strategic decision not to raise a Caldwell jury instruction claim as a separate issue, he said: "I’m afraid I did.” . See note 5 infra. .…
• Bruch v. Firestone Tire & Rubber Co. & Firestone Tire & Rubber Co. Ret. Plan for Salaried Emps. & Firestone Tire & Rubber Co. Stock Purchase & Sav. Plan, 828 F.2d 134 (3d Cir. 1987)
  …es, both in and out of the pension context, rely on similar principles. One such case in the pension area is Teamsters Local 115 v. Yahn & McDonnell, Inc., 787 F. 2d 128 (3rd Cir.1986), affirmed without opinion by an equally divided Court, — U.S. -, 107 S.Ct. 2171, 95 L.Ed.2d 692 (1987). There we struck down one part of the arbitration provisions of the Multiemployer Pension Plan Amendments Act because it violated the due process clause of the Fifth Amendment. Pursuant to MPPAA, plan trustees — who had a fidu…
• State OF Ohio v. United States Dep't OF THE Interior, 880 F.2d 432 (D.C. Cir. 1989)
  …id. § 11.32(d). Potentially responsible parties must thus be indulged significant opportunities for involvement and input into the assessment process. . 787 F. 2d 128 (3rd Cir.1986), aff'd without opinion by an equally divided court, 481 U.S. 735, 107 S.Ct. 2171, 95 L.Ed.2d 692 (1987). . 29 U.S.C. § 1401(a)(3)(A) (1982). . United Retail & Wholesale Employees v. Yahn & McDonnell, supra note 109, 787 F. 2d at 138. . Id. at 139-40. But see Washington Star Co. v. International Typographical Union Negotiated…