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Your query 441 AND 68 AND Ambach returned 14 results.
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OPINION/ORDER This is an appeal from an order SELYA. Was hired on September 2. Quintero was unceremoniously cashiered. It is undisputed that the position for which Quintero was hired requires certification. Because an arguably related case was pending before the Puerto Rico Supreme Court. That case was decided on June 30. THE SUMMARY JUDGMENT STANDARD Summary judgment is appropriate if |
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OPINION/ORDER With him on the briefs was Peter H. With him on the brief was William H. With him on the briefs were Frank W. Dunn was on the notice of joinder in brief for appellant Joseph P. Rotenberg was on the brief for amicus curiae The Regents of the University of Minnesota. Circuit Judge: The question presented in this appeal is whether states are defendant persons under the False Claims Act. We hold that they are not. I. Ronald Long was the Coordinator of Investigations and Audit for the Bureau of Proprietary School Supervision of the New York State Department of Education. Long's theory was that since the Bureau received a share of the federal funds that SCS fraudulently obtained from the United States. Long was taken off the investigation and then fired in 1992. Was a sweetheart deal that was but another instance of the state's conspiracy with SCS to conceal and perpetuate SCS' fraud a conspiracy that he alleges continued until SCS filed for bankruptcy in 1995. New York ignored evidence of SCS' continuing fraud and falsely represented to the United States that SCS' fraud had ceased and that it was actively monitoring SCS. |
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USA/LONG RONALD E. V. STATE OF NEW YORK Argued the cause for appellant/cross appellee. With him on the briefs was Peter H. With him on the brief was William H. With him on the briefs were Frank W. Hunger. Dunn was on the notice of joinder in brief for appellant Joseph P. Rotenberg was on the brief for amicus curiae The Regents of the University of Minnesota.
Before: Wald. Circuit Judge: The question presented in this appeal is whether states are defendant persons under the False Claims Act. We hold that they are not.
I.
Ronald Long was the Coordinator of Investigations and Audit for the Bureau of Proprietary School Supervision of the New York State Department of Education. The Bureau's funding depended in substantial part on tuition assessments and fines that SCS paid to the Bureau. Long's theory was that since the Bureau received a share of the federal funds that SCS fraudulently obtained from the United States. Frey and other state officials took actions to limit and subvert his investigation.
Long was taken off the investigation and then fired in 1992. |
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OPINION/ORDER The printer was not willing to take the risk that it would not be paid (the paper relies on student activity funds). No. 01 4155 3 the editorial staff was unwilling to submit to prior review. Have continued the debate in court. The district court thought that decision limited to papers published by high school students as part of course work and inapplicable to student newspapers edited by college students as extracurricular activities and the judge added that these distinctions are so clearly established that no reasonable person in Carter's position could have thought herself entitled to pull the plug on the Innovator. The threshold question is: |
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OPINION/ORDER This case asks us to decide whether the general knowledge test component of New York State's public school teacher certification program is racially discriminatory in violation of Title VII of the Civil Rights Act of 1964. The plaintiffs are public Page 2 of 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 employees. The essence of their claim is that the New York State Education Department ( |
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OPINION/ORDER The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse Honorable Harlington Wood. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer.1 All three Plaintiffs had recently been denied admission to UGA. Therefore were. Johnson was offered admission to UGA after filing this lawsuit. They alleged that UGA's use of gender violated Equal Protection and Title IX.2 Named as Defendants were the Board of Regents of the University System of Georgia. |
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03-1162 -- SOSKIN V. REINERTSON -- 01/12/2004 Circuit Judge.
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AMATEL JOSEPH V. HAWK, KATHLEEN With him on the briefs
were Frank W. With her on the brief were Ann M. Taylor was on the brief for amici curiae National Coalition for the Protection of Children &. The statute is not enforced directly. Ruled that it was facially invalid as a violation of the First Amendment and enjoined its enforcement. Federal regulations authorized prison wardens to reject a publication |
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JOHNSON V. BD. OF REGENTS OF THE UNIV. OF GEORGIA (8/27/2001, NO. 00-14340) The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse student body. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer. |
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JOHNSON V. BD. OF REGENTS OF THE UNIV. OF GEORGIA (8/27/2001, NO. 00-14340) The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse student body. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer. |
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00-8039 -- NELSON V. GERINGER -- 07/03/2002 Who were dismissed from their positions as Assistant Adjutant Generals of the Wyoming National Guard. The underlying facts and claims brought by plaintiffs are substantially the same for both cases. The state of Wyoming appeals and we affirm.
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OPINION/ORDER Appellant in this action is a sophomore at Poway High School who was ordered not to wear a T shirt to school that read. |
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OPINION/ORDER With him on the briefs were Frank W. With her on the brief were Ann M. Taylor was on the brief for amici curiae National Coalition for the Protection of Children & Families. The statute is not enforced directly. Ruled that it was facially invalid as a violation of the First Amendment and enjoined its enforcement. Federal regulations authorized prison wardens to reject a publication |
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OPINION/ORDER THE RUTHERFORD INSTITUTE Unpublished opinions are not binding precedent in this circuit. Because the victims have failed to meet their burden. I. The facts are not in dispute. Appellants Vickie Hugger and Carolyn Settle are both employees of C.B. Hugger is the school's principal. Settle is a sixth grade teacher. HD1 was a twelve year old sixth grade student in Settle's class. Settle allowed each of her students to decorate a classroom blackboard to express his or her individuality. 3 TRI is a civil liberties organization with a two fold mission: |