Legal Opinion
Francis A. Cash v. Joseph A. Califano, Jr., Secretary of Health, Education & Welfare, J. B. Hutton, Jr., Amicus Curiae
Court of Appeals for the Fourth Circuit
Decided May 19, 1980No. 79-1279PublishedCited by 51 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
The central question presented on this appeal is whether the rule of Califano v. Goldfarb, 430 U.S. 199, 97 S.Ct. 1021, 51 L.Ed.2d 270 (1977) should be applied to a case which was pending before the Secretary of HEW at the time Goldfarb was decided. The Secretary contends that Goldfarb should be applied prospectively only. Furthermore, the Secretary argues that should Goldfarb be applied to this case, any award of past-due benefits would violate the sovereign immunity of the United States. The district court rejected both of these contentions and awarded past-due…
2Cases cited21 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Edelman v. JordanSupreme Court of the United States · 1974
- United States v. TestanSupreme Court of the United States · 1976
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
16 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Aktieselskabet Af 21. November 2001 v. Fame Jeans Inc.Court of Appeals for the D.C. Circuit · 2008
- Carrollton-Farmers Branch Independent School District v. Edgewood Independent School DistrictTexas Supreme Court · 1992
- Marino v. BowersCourt of Appeals for the Third Circuit · 1981
- Rohm and Haas Co. v. Dawson Chemical Co., Inc.District Court, S.D. Texas · 1983
- Sherwin-Williams Co. v. Artra Group, Inc.District Court, D. Maryland · 2001
46 more not listed; retrieve them via the Exa API.