Underwood v. Elkay Mining, Inc.

How courts have described this case

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

• concluding that \unduly repetitious evi- dence\ need not be received into the record by an ALJ (emphasis & internal quotation marks omitted)
• “[T]he ALJ should consider whether an opinion was, to any degree, the product of bias in favor of the party retaining the expert and paying the fee.”
• “There is a point of diminishing returns and a point at which additional evidence provides almost no value.”
• “There is a point of diminishing returns and a point at which additional evidence provides almost no value.”
• ALJ's decision to admit evidence is reviewed for abuse of discretion

Source: CourtListener parenthetical corpus (CC0).

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

• Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 1998-03-06· cited 132×
• Island Creek Coal Company v. Dennis E. Compton Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 2000-05-02· cited 111×
• Mary Fox v. Elk Run Coal Company, Inc.
  Fourth Circuit· 2014-01-03· cited 53×
• Consolidation Coal Company v. Albert A. Borda Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 1999-03-15· cited 49×
• West Virginia CWP Fund v. Page Bender, Jr.
  Fourth Circuit· 2015-04-02· cited 47×
• Westmoreland Coal Company v. Herskel Stallard
  Fourth Circuit· 2017-11-29· cited 30×
• Consolidation Coal Company v. Billy D. Williams Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 2006-07-13· cited 26×
• Consolidation Coal Company v. Arthur O. Held Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 2002-12-20· cited 20×
• People v. Maya
  Appellate Court of Illinois· 2018-01-10· cited 15×
• United States Steel Mining Company, Incorporated v. Director, Office Of Workers' Compensation Programs
  Fourth Circuit· 1999-07-28· cited 12×
• United States v. Kevin Shea
  Fourth Circuit· 2021-03-02· cited 10×
• United States Steel Mining Co. v. Director, Office of Workers' Compensation Programs
  Fourth Circuit· 1999-07-28· cited 6×
• Elm Grove Coal Co. v. Director, Office of Workers' Compensation Programs
  Fourth Circuit· 2007-03-07· cited 4×
• Elm Grove Coal Company v. Director, Office Of Workers' Compensation Programs
  Fourth Circuit· 2007-03-07· cited 3×
• Westmoreland Coal Co. v. Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 2013-09-06· cited 3×
• Underwood v. Elkay Mining
  Fourth Circuit· 1997-02-04· cited 1×
• Edge v. Astrue
  E.D. North Carolina· 2008-06-12
• Milburn Colliery Co v. Hicks
  Fourth Circuit· 1998-03-06
• Island Creek Coal Co v. Compton
  Fourth Circuit· 2000-05-02
• Consolidation Coal v. Williams
  Fourth Circuit· 2006-07-13

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

• Hinkle v. City of Clarksburg
  Fourth Circuit· 1996-04-17· cited 296×
• Banks v. Chicago Grain Trimmers Assn., Inc.
  Supreme Court· 1968-05-20· cited 234×
• Tony Zbosnik v. Badger Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 1985-04-25· cited 98×
• Dehue Coal Company v. Laymond Ballard Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 1995-09-25· cited 89×
• Carl C. Thorn v. Itmann Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 1993-08-24· cited 74×
• Frank Wetherill v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor
  Seventh Circuit· 1987-05-01· cited 63×
• Bernie Adkins v. Director, Office of Workers' Compensation Programs, United States Department of Labor West Virginia Coal Workers' Pneumoconiosis Fund
  Fourth Circuit· 1992-02-28· cited 59×
• Hottle v. Beech Aircraft Corp.
  Fourth Circuit· 1995-02-03· cited 56×
• Peabody Coal Co. v. Benefits Review Board
  Seventh Circuit· 1977-08-16· cited 51×
• Alabama Ass'n of Insurance Agents v. Board of Governors of Federal Reserve System
  Fifth Circuit· 1976-06-10· cited 46×
• Otto Walker v. Director, Office of Workers' Compensation Programs, United States Department of Labor Eastern Associated Coal Corporation
  Fourth Circuit· 1991-03-06· cited 41×
• David Warth v. Southern Ohio Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor
  Fourth Circuit· 1995-07-31· cited 39×
• Robert E. Adams v. Peabody Coal Company Director, Office of Workers' Compensation Programs United States Department of Labor and Benefits Review Board
  Sixth Circuit· 1987-04-22· cited 31×
• Fed. Sec. L. Rep. P 92,963 Pagel, Inc. Jack W. Pagel and Duane A. Markus v. Securities and Exchange Commission
  Eighth Circuit· 1986-10-22· cited 28×
• Multi-Medical Convalescent and Nursing Center of Towson v. The National Labor Relations Board
  Fourth Circuit· 1977-02-24· cited 24×
• Bethlehem Mines Corporation v. James M. Henderson Director, Office of Workers Compensation Programs, United States Department of Labor
  Fourth Circuit· 1991-08-05· cited 15×
• Yaffe Iron and Metal Company, Inc. v. United States Environmental Protection Agency
  Tenth Circuit· 1985-10-03· cited 14×
• Kaiser Steel Corporation v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Alfonso Sena
  Tenth Circuit· 1985-03-21· cited 13×
• Atlas Copco, Inc. v. Environmental Protection Agency
  D.C. Circuit· 1980-05-30· cited 12×
• White v. Newport News Shipbuilding & Dry Dock Co.
  Fourth Circuit· 1980-09-15· cited 12×