GREENE

v.

NORTH CAROLINA

Citator

Cited By

• Delo v. Lashley, 507 U.S. 272 (U.S. 1993)
  …fficiently substantial to call for leniency,” ibid. Even prior to Walton, other lower courts rejected arguments similar to Lashley’s. For example, in State v. Fullwood, 323 N. C. 371, 373 S. E. 2d 518 (1988), vacated arid remanded on other grounds, 494 U. S. 1022 (1990), the court held that the trial judge did not err by refusing to submit to the jury a “no significant history of prior criminal activity” instruction where neither the defendant nor the State introduced evidence to support it. 323 N. C., at 39…
• First Officers Arthur N. Rogers and Michael J. Baker v. AIR Line Pilots Ass'n, 988 F.2d 607 (5th Cir. 1993)
  …perating Eng’rs, Local 406, 882 F. 2d 929, 944 (5th Cir.1989) (“[T]he focus of the bad faith inquiry is not the actions that precipitated the law suit, but rather the manner in which the litigation itself is carried out.”), vacated on other grounds, 494 U.S. 1022, 110 S.Ct. 1465, 108 L.Ed.2d 603 (1990); Huddleston v. Herman & MacLean, 640 F. 2d 534, 559 (5th Cir.1981) (“[T]he bad faith or vexatious conduct inherent in the fraudulent acts that constituted the cause of action itself cannot be the basis for an…
• Aguinaga v. United Food & Commercial Workers Int'l Union, 993 F.2d 1480 (10th Cir. 1993)
  …Guidry v. International Union of Operating Eng’rs, Local 406, 882 F. 2d 929, 944 (5th Cir.1989) (vacating award of attorney fees because award “would not spread the costs of litigation proportionate to the common benefit”), vacated on other grounds, 494 U.S. 1022, 110 S.Ct. 1465, 108 L.Ed.2d 603 (1990); Erkins v. Bryan, 785 F. 2d 1538, 1548 (11th Cir.) (“fees must spread the cost proportionally among those who benefit”), cert. denied, 479 U.S. 960, 107 S.Ct. 455, 93 L.Ed.2d 402 (1986). Although we have not…