Opinion · Supreme Court of the United States

Aviation Associates, Inc. v. Airline Pilots Ass'n International

Aviation Assocs., Inc. v. Airline Pilots Ass'n Int’l, 505 U.S. 1222 (1992)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1992-06-29
Topic
bankruptcy

holding that a diversity suit cannot be maintained against a partnership one of the partners of which is a United States citizen domiciled abroad | holding that a diversity suit cannot be maintained against a partnership one of the partners of which is a United States citizen domiciled abroad | holding that informal plan under Donovan creat ed only if surrounding circumstances demonstrate creation of de facto pension plan | recognizing that Pennsylvania follows the “classic” M’Naghten test for insanity | “The classic situation where courts deny leave to amend arises when a party files a Rule 15(a) motion after discovery has been completed or the nonmoving party has filed for summary judgment.” | court found SPD and policy did not conflict, but stated that “[i]f the summary booklet had varied from the formal plan, [defendant] may not have been able to enforce [the plan].” | Pearce presumption is inapplicable when “the second sentence is imposed by a different sentencer and the record provides an affirmative assurance that the harsher sentence reflects simply a fresh look at the facts and an independent exercise of discretion”

Citator

Cited by
26 opinions

C. A. 1st Cir. Certiorari denied.