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· 7/20/1989

Martin W. Berda, and Linda Berda, His Wife v. Cbs Inc., a Corporation

Citations

  • 881 F.2d 20
  • 4 I.E.R. Cas. (BNA) 904
  • 131 L.R.R.M. (BNA) 3073
  • 1989 U.S. App. LEXIS 10298
  • 1989 WL 79267

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that medical opinions based on objective findings 23 which conflicted with a treating physician’s opinion constituted substantial evidence
  • noting that reckless statements are sufficient to maintain a claim for misrepresentation under Pennsylvania law
  • noting that, absent “exceptional circumstances,” we generally decline to consider issues not passed upon below
  • explaining that reviewing courts may draw “specific and 23 legitimate inferences” about medical sources contained within an ALJ’s explanation of a 24 claimant’s RFC
  • “when a suit stating a claim under [S]ection 301 is brought, state contract law is displaced”
  • “Generally, in the absence of ‘exceptional circumstances,’ we decline to ‘consider an issue not passed upon below.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibbons, Becker, Weis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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