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	OPINION/ORDER (2) are preempted by the Federal Arbitration Act. (3) are unconstitutionally vague in the use of the term
	OPINION/ORDER At issue is whether an amendment to a Minnesota statute. Inc. is a Delaware corporation with its principal place of business in Minnesota. The Association is a nonprofit Minnesota corporation created pursuant to the Minnesota Life and Health Insurance Guaranty Association Act (the Act). The Investment Plus Plan of Honeywell the Honeywell plans is First Trust National Association. App. 1987). business in Minnesota are To provide this protection. Who was a Minnesota resident (as is the current trustee). GICs are unallocated annuity contracts. Or Id. annuity contracts
	OPINION/ORDER The face of American poverty is changing dramatically. Minimum wage workers are unable to support their families' basic needs. At A1 (
	OPINION/ORDER Garcia Rodon was on brief. If that power is upheld. Fernandez is essentially uninsured on the malpractice claim and it may be that the malpractice plaintiffs will recover nothing regardless of the merits of their claim. PCFA had been dissolved by an act of the legislature and was no longer liable on Dr. Dr. 2 2 Fernandez was covered by PCFA under an occurrence policy.1 However. PCFA was abolished before Mercado Boneta filed his claim against Dr. Which provides coverage for occurrences within the policy period regardless of when the claim is made. Is distinguished from a claims made policy. Which only covers the insured for claims that are actually made during the policy period. 2. Veronica was born on January 1. Was treated by Dr. Was taken several times to Dr. Fernandez was negligent in failing to properly diagnose Veronica's condition and in failing to hospitalize her. Submits that Veronica's hearing impairment was the likely result of head trauma Veronica suffered when she fell from a slide in January of 1986.
	OPINION/ORDER We will affirm. I. SEPTA was created pursuant to the Metropolitan Transportation Authorities Act of August 14. 1963 (
	OPINION/ORDER Line 31 the spelling of Justice Frankfurter's name is corrected. Line 3 the citation to Coeur d'Alene Tribe is corrected to read
	OPINION/ORDER Circuit Judge: These are appeals from the district court's grant of summary judgment in favor of appellee. That were damaged on January 17. All of them received payments for the damage and their claims were closed by Allstate over the next two years. The Homeowners learned that there were questions regarding the authenticity of the engineering reports they had received from Allstate during the claims adjustment process. The
	VESTA FIRE INS. CORP. V. FLORIDA (5/22/1998, NO. 96-3657) The Florida legislature passed several statutes. The first of these statutes was a
	OPINION/ORDER Which amendment At issue is whether an amendment to a Minnesota The Honorable Richard H. Inc. is a Delaware corporation with its principal place of business in Minnesota. The Association is a nonprofit Minnesota corporation created pursuant to the Minnesota Life and Health Insurance Guaranty Association Act (the Act). The Investment Plus Plan of Honeywell the Honeywell plans is First Trust National Association. All insurance companies This Act has been repealed and was replaced in 1993 with Minn. Annuity contracts and elect to do business in Minnesota are required to join and contribute to the Association. Who was a Minnesota resident (as is the current trustee). GICs are unallocated annuity contracts. Or Id. annuity contracts
	VESTA FIRE INS. CORP. V. FLORIDA (5/22/1998, NO. 96-3657) The Florida legislature passed several statutes. The first of these statutes was a
	OPINION/ORDER We affirm on all other issues.1 Background Plaintiffs in this case are insurance companies subject to the Florida statutes. The first of these statutes was a
	OPINION/ORDER Line 2 the word
	FLANIGAN'S ENTERPRISES, INC. OF GEORGIA V. FULTON COUNTY (2/20/2001, NO. 00-11152) The district court held that a 1997 amendment to Section 18 76 of the Fulton County Code (
	OPINION/ORDER With whom Roy & Cook was on brief. Allen & Snyder was on brief. These plans comprise what is familiarly known as the state retirement system. The key provisions of both plans are ordained by statute and both are administered under the aegis of the Board. 2 The law authorizing the MEP affords each of Rhode Island's thirty nine municipalities the option of deciding whether or not to participate. Its eligible employees are required to become members of the plan and must contribute six percent of salary until they have reached the maximum amount of service credit attainable. A qualified employee is entitled to a life annuity upon retirement in the amount of two percent of his or her final salary times the number of years of total creditable service (up to thirty seven and one half years). A person is eligible to retire with such a pension once he or she attains age fifty eight and has logged at least ten years of total creditable service. Under this formulation the only formulation that is germane to this case1 a municipal member's right to a pension vests when he or she meets both the age and years in service minima.
	FLANIGAN'S ENTERPRISES, INC. OF GEORGIA V. FULTON COUNTY (2/20/2001, NO. 00-11152) The district court held that a 1997 amendment to Section 18 76 of the Fulton County Code (
	OPINION/ORDER Circuit Judge: When a state is sued for allegedly impairing the contractual obligations of one of its political subdivisions even though it is not a signatory to the contract. The state will not be held liable for violating the Contracts Clause of the United States Constitution unless plaintiffs produce evidence that the state's self interest rather than the general welfare of the public motivated the state's conduct. Plaintiffs have the burden of proof because the record of what and why the state has acted is laid out in committee hearings. The record of why the state acted is available. Plaintiffs have not met their burden. Plaintiffs are the Buffalo Teachers Union and a number of other unions in Buffalo. Defendants are the Buffalo Fiscal Stability Authority (Buffalo Fiscal Authority. The comptroller concluded Buffalo was not in a position to resolve its fiscal woes on its own. The board would have powers and duties similar to those given to boards that already oversaw the budgets of other fiscally troubled municipalities in New York State.
	OPINION/ORDER P.A. were on brief for appellants. Devlin and Verrill & Dana were on brief for FDIC as receiver for Maine Savings Bank. Brown with whom Drummond Woodsum Plimpton & MacMahon was on brief for Frederick W. III with whom Hale and Dorr was on brief for Nancy Masterton. Were on brief for Maine Superintendent of Banking. Smith & Lancaster were on brief for Peoples Heritage Savings Bank. Plaintiffs' plea for federal constitutional protection is in vain. Are creatures of state law.
	OPINION/ORDER P.A. were on brief. With whom Thompson & Bowie was on brief. The first is the 1997 Ordinance itself. Although the Town's contractor is permitted to dispose of collected trash at any proper disposal site. Residents who choose to self haul are required to take their refuse to a repository designated by the Town Council. 28 U.S.C. 1331 there is no other readily apparent jurisdictional basis the plaintiffs challenged the 1997 Ordinance under. Concluding that the plaintiffs were unlikely to prevail on the merits. The court subsequently granted summary judgment for the Town on the four claims with which we are concerned. An unincorporated nonprofit association that was formed. Two respected courts recently have held that individual garbage generators lacked standing to challenge schemes similar to Houlton's under the Commerce Clause. These courts emphasized that the purpose of the dormant Commerce Clause is to curtail states' abilities to hinder interstate trade. That the injury claimed by the individual garbage generators being compelled to pay higher prices for services they neither required nor desired was not even marginally related to this purpose.
	OPINION/ORDER Allen & Snyder were on brief. Cohen and Goldenberg & Muri were on brief. Retired Rhode Island legislators or their beneficiaries became eligible to receive annual pension benefits that were as much as sixty times greater than the legislators' annual pre retirement salaries. The pensioners whose benefits were thereby reduced brought suit under 42 U.S.C. 1983 to foreclose any withholding of benefits. While the suit was pending. The pensioners then continued their suit in order to seek interest on the benefits for the time that they were withheld. I Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. The Rhode Island retirement system is a defined benefit plan. The retirement system is administered by a retirement board (
	OPINION/ORDER Unpublished opinions are not binding precedent in this circuit. The Development Agreement's purpose was to assure the timely and orderly provision of water and sanitary sewer facilities to support (1) the proposed residential development on the Trustees' land (the
	OPINION/ORDER Fourth and Fifth Claims are moot in light of the Oregon Supreme Court's holding in Strunk v. The Employees have specifically withdrawn their appeal of the district court's decision regarding their Third. Although the Employees contend that this appeal is now
	OPINION/ORDER Which are participating employers in the statewide plan. Each of the separate municipal plans in question was a defined benefit plan. The employee is entitled to the predetermined benefit regardless of the amount of contributions made to fund the plan. The new statewide plan is also a defined benefit plan. The plan's actuary determined that each of the appellee cities' plans was over funded. If the actuary had determined that any separate municipal plan was under funded at the time it was transferred to the statewide plan. (2) unconstitutionally deprived them of their property interest in the funds without due process of law.2 The cities' use of the excess funds allegedly reduced the value of the The members asserted at oral argument that they have maintained their Fifth Amendment Takings without just compensation claim on appeal. Finding that the statute was constitutional and did not violate state trust laws. Because the facts in this case are undisputed. We limit our inquiry to whether the cities are entitled to judgment as a matter of law.
	OPINION/ORDER A Michigan state prisoner who was convicted by jury and sentenced after his trial counsel failed to inform him of a favorable plea offer. Because the state's arguments are without merit. Because the state's arguments are once again without merit. Which is discussed below. I. BACKGROUND Satterlee was convicted by a Michigan jury of conspiring to deliver more than 650 grams of cocaine and was sentenced to twenty to thirty years' imprisonment. That he was denied his Sixth Amendment right to the effective assistance of counsel under Strickland v. Failed to relay to Satterlee a favorable plea offer that he would have accepted. (2)
	OPINION/ORDER We will grant RML's motion to dismiss because we lack jurisdiction over Morton's premature appeal. The New Jersey Department of Environmental Protection (
	OPINION/ORDER Were on brief for appellants. P.A. were on brief for appellees. The question presented by this appeal is whether certain legislative amendments to the Maine State Retirement System (
	OPINION/ORDER We are asked to determine whether the City of Wilmington's method of testing firefighters for drug use violates their rights under the Fourth Amendment. We will affirm the district court's conclusion that it does not. 1. We will remand the case for reconsideration of the state law invasion of privacy claim. Michael Danylo and Cornelius Skinner are Wilmington firefighters. The defendants are the City of Wilmington. The district court granted summary judgment in favor of the individual defendants on the ground that they were entitled to qualified immunity and in favor of the SODAT defendants on the ground that SODAT was not a state actor. That reasonableness under the Fourth Amendment was an issue of law. Concluding that there were no remaining factual issues for the jury to decide. The firefighters have appealed on several grounds. They dispute the district court's conclusion that direct observation of urine collection is reasonable under the Fourth Amendment. The plaintiffs contend that the district court committed error when it presumed that the reasonableness standard under the Fourth Amendment of the Constitution was equivalent to the reasonable person standard under Delaware tort law.2 We will reject all the plaintiffs' grounds for appeal except for the fifth one.
	OPINION/ORDER With him on the briefs was Robin C. With him on the brief was Laurence Gold. A Control Board was granted substantial authority over the financial management of the District. The scope of this statutory authority is at issue in this case. Appellees UDC faculty members contend that the Control Board's order was ultra vires and. Because the Control Board's action was ultra vires.
	WA SVC CONTRS COALTN V. DC