PACIFIC MUTUAL LIFE INSURANCE CO. ET AL.
v.
TURNBOW

U.S. | 1989-06-05
No. 88-1546
490 U.S. 1102 Supreme Court of the United States (1989) Positive Treatment
Cited by 4 cases

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  • In re Billedeaux, 972 F.2d 104 (5th Cir. 1992)
    …Phelps, Dunbar or Judge Clement’s husband. A “remote, contingent, or speculative” interest is not one “which reasonably brings into question a judge’s partiality.” In re Drexel Burnham Lambert, Inc., 861 F. 2d 1307, 1313 (2d Cir.1988), cert. denied, 490 U.S. 1102, 109 S.Ct. 2458, 104 L.Ed.2d 1012 (1989). Thus, any interest of Judge Clement’s is too remote and speculative to support or suggest recusal. IV. Chitimacha Tribe is binding precedent in this circuit; its facts are so closely analogous to those in…
  • Bellamy v. Cogdell, 974 F.2d 302 (2d Cir. 1992)
    …Lambert Inc., 869 F. 2d 116, 118 (2d Cir.1989) (Miner, J., concurring) (finding standard for in banc review not met when “the panel majority has applied well-settled rules to the specific facts of [the] case” in reaching its decision), cert. denied, 490 U.S. 1102, 109 S.Ct. 2458, 104 L.Ed.2d 1012 (1989). Moreover, much of the difference between the majority and minority involves a resolution of a factual issue that is in no sense appropriate for in banc consideration. The majority finds that Guran had a fir…
  • United States v. Yonkers Bd. OF Educ., 946 F.2d 180 (2d Cir. 1991)
    …movant must show an appearance of impartiality based on “what a reasonable person, knowing and understanding all the facts and circumstances, would believe.” In re Drexel Burnham [*184] Lambert Inc., 861 F. 2d 1307, 1309 (2d Cir.1988), cert. denied, 490 U.S. 1102, 109 S.Ct. 2458, 104 L.Ed.2d 1012 (1989). Under 28 U.S.C. § 455(b)(1), a judge also must “disqualify himself ... [w]here he has a personal bias or prejudice concerning a party, or personal knowledge of disputed eviden-tiary facts concerning the pr…

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