HOANG
v.
OFFICE OF PERSONNEL MANAGEMENT ET AL.

U.S. | 1990-01-08
No. 89-772
493 U.S. 1024 Supreme Court of the United States (1990) Caution
Cited by 12 cases

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Cited By (12 total)

  • …he presence of an opinion of counsel generally involve situations where opinion of counsel was either ignored or found to be incompetent. See Datascope Corp. v. SMEC, Inc., 879 F. 2d 820, 828-29, 11 USPQ2d 1321, 1326-27 (Fed.Cir.1989), cert. denied, 493 U.S. 1024, 110 S.Ct. 729, 107 L.Ed.2d 747 (1990); Kori Corp. v. Wilco Marsh Buggies & Draglines, Inc., 761 F. 2d 649, 656-57, 225 USPQ 985, 989 (Fed.Cir.), cert. denied, 474 U.S. 902,106 S.Ct. 230, 88 L.Ed.2d 229 (1985). This precedent does not mean a client…
  • Phelan v. Fitzgerald, 973 F.2d 1050 (2d Cir. 1992)
    …recovery puts plaintiffs in better position than had they not been injured); cf. Louis P. Singer v. Olympia Brewing Co., 878 F. 2d 596, 600 (2d Cir.1989) (adopting one satisfaction rule to govern settlements in 10b-5 securities cases), cert. denied, 493 U.S. 1024, 110 S.Ct. 729, 107 L.Ed.2d 748 (1990). When a plaintiff receives a payment from one source for an injury, defendants are entitled to a credit of that amount against any judgment obtained by the plaintiff as long as both payments represent common da…
  • …le where federal law is preemptive, and we in fact do not apply Getty in the securities context. See Louis P. Singer v. Olympia Brewing Co., 878 F. 2d 596, 599-600 (2d Cir.1989) (federal common law governs setoffs in securities cases), cert. denied, 493 U.S. 1024, 110 S.Ct. 729, 107 L.Ed.2d 748 (1990). Applying state statutes that govern judgment reduction would lead to forum shopping. The content of state statutes and the judicial interpretations of those laws could determine where suits are brought. Cf. S…

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