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OPINION/ORDER
The census data is used for myriad other purposes. A. Sampling and the Census Act At issue in this case is whether the Secretary was required to statistically adjust the results of Census 2000 pursuant to 13 U.S.C. § 195. The Census 2000 Plan would have resulted in one set of census results: the initial headcount data adjusted by statistical sampling techniques. The Bureau modified its plan to statistically adjust the Census The studies were conducted pursuant to the Decennial Census Improvement Act of 1991. The Report set forth the Bureau's preliminary determination that the use of the statistically adjusted data was feasible in terms of both the statutory deadline for releasing redistricting information and the improvement of the census' accuracy. The A.C.E. methodology is based on a
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JOHNSON V. DESOTO COUNTY BD. OF COMMISSIONERS (3/3/2000, NO. 98-3714)
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JOHNSON V. DESOTO COUNTY BD. OF COMMISSIONERS (3/3/2000, NO. 98-3714)
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OPINION/ORDER
Her position was terminated. Holding that the Auditor's Office did not qualify as an
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OPINION/ORDER
DOC challenges the district court's finding that the adjusted data are neither predecisional nor deliberative as required to permit nondisclosure under the
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00-1145 -- CONCRETE WORKS OF COLORADO INC. V. CITY AND COUNTY OF DENVER -- 02/10/2003
Denver has amended the ordinance twice since this lawsuit was initiated but it remains essentially unchanged for purposes of this case. In 1993. A bench trial was held and the district court entered judgment in favor of CWC on its claims for injunctive and declaratory relief. See Concrete Works of Colorado. CWC's entitlement to damages was reserved and the district court directed entry of judgment under Rule 54(b) of the Federal Rules of Civil Procedure. See id. at 1044. Anecdotal evidence which are discussed respectively in subsections IV.A.
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01-1292 -- BROWN V. EVANS -- 01/06/2004
1291 because the order and judgment from which the plaintiff appellant appeals is a final decision disposing of all claims which the plaintiff appellant has against the defendant appellee. This is an appeal from a grant of summary judgment in favor of the defendant employer. Who is African American. Alleged that he was discharged because of racial discrimination. Brown was nominally employed by the Secretary of Commerce. The subagency involved was the Census Bureau. Brown was appointed as a probationary Community Partnership Specialist at the GG 11 grade level with the Census Bureau. His appointment was subject to the completion of a one year probationary period. Was temporary. Brown was fired on January 5. Brown applied and was deemed qualified for two postings for temporary employment at three levels (GG 9. Brown was appointed as a probationary Community Partnership Specialist at the GG 11 grade level with the Census Bureau.
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OPINION/ORDER
This opinion is being filed by the remaining judges of the panel pursuant to 8th Cir. The Parties and the Allegedly Illegal Practices Extendicare is a for profit healthcare company that operates long term care. It is a Delaware corporation with its principal place of business in Wisconsin. The reimbursement rate Medicare pays to Extendicare is substantially higher than the rates paid to Extendicare by the other sources. Buytendorp alleges that she received no adverse performance reviews and was denied no raises nor opportunities for advancement prior to 2003. Practices she believed to be illegal.3 The objectionable practices Although Buytendorp also alleges she was denied advancement opportunities in 2003 and 2004. Cut staffing to levels that were adverse to the patients' interests. Buytendorp states that there was some emphasis within Extendicare to maximize the admission and retention of Medicare patients dating back to 1996 but that she was neither instructed nor pressured to participate in practices she believed to be illegal until the 2003 04 time frame.
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OPINION/ORDER
Because the Board's conclusions are supported by substantial evidence. The Union has been the collective bargaining representative for Newcor's hourly employees for at least thirty years and the most recently negotiated collective bargaining agreement (
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NEGRON V. CITY OF MIAMI BEACH
This document was created from RTF source by rtftohtml version 2.7.5 > Negron v. The district court concluded that there was no
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june97/95-5172.opa.html">NEGRON V. CITY OF MIAMI BEACH<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Negron v. The district court concluded that there was no
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec2000/00-15981.ma2.html">SIEGEL V. LEPORE (12/6/2000, NO. 00-15981)<BR></A><BR>
Circuit Judges.</SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-3020.pdf">OPINION/ORDER</A><BR>
This disposition is not citable as precedent. It is a public record. The Agency also conducted background checks using the Decennial Applicant Name Check (
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec2000/00-15981.ma2.html">SIEGEL V. LEPORE (12/6/2000, NO. 00-15981)<BR></A><BR>
Circuit Judges.</SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/sept96/94-1471.wpd.html">SANCHEZ V. STATE OF COLORADO<BR></A><BR>
The district court denied them declaratory and injunctive relief concluding the Gingles' quantum of proof was unmet. We conclude plaintiffs have (2) Because of the concurrence of oral argument in this case and those the Supreme Court heard. Are Hispanic residents and registered voters in Center. A flatland whose western boundary is the San Juan Mountains. On its eastern boundary are the Sangre de Cristo Mountains. Although many of these early landowners were later dispossessed of their land. The Colorado Reapportionment Commission (the Commission) was reconvened to redraw the boundaries of state senate and house legislative districts to reflect the 14% increase in the state's population from 2.
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3026.pdf">OPINION/ORDER</A><BR>
With him on the brief were Peter D. BACKGROUND Bross was employed by the Department of Commerce. Bross was subsequently charged and pled guilty in federal district court to a one count violation of 18 U.S.C. § 13. He was sentenced to three years probation on conditions that included. Bross's employment record was unblemished. Was involved in counseling. Was in compliance with the terms of his probation. Bross's conviction for use of his government computer to access child pornography was the first case of this nature for Census. Bross was covered by a collective bargaining agreement between the agency and his union. The procedures for designating proposing/deciding officials for disciplinary action were therefore governed by the Memorandum of Understanding.
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200407/03-5329a.pdf">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov97/96-8884.opa.html">ASKEW V. CITY OF ROME<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Askew v. Senior District Judge.<p> <p> PER CURIAM:<p> <p> The judgment of the district court is affirmed for the reasons set forth in the thorough Order (opinion) entered on June 25. Plaintiffs contend that the Defendant City of Rome's methods of electing its City Commission and Board of Education are intentionally discriminatory against Rome's African American community and have the effect of
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov97/96-8884.opa.html">ASKEW V. CITY OF ROME<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Askew v. Senior District Judge.<p> <p> PER CURIAM:<p> <p> The judgment of the district court is affirmed for the reasons set forth in the thorough Order (opinion) entered on June 25. Plaintiffs contend that the Defendant City of Rome's methods of electing its City Commission and Board of Education are intentionally discriminatory against Rome's African American community and have the effect of
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-2339.01A">OPINION/ORDER</A><BR>
Is amended as follows: Strike the first full paragraph on page 6. Had not been redrawn since they were adopted in 1963. The district court determined that the councilmanic districts were malapportioned and ordered the town to conduct at large elections that year. It did not yet require redistricting because release of the 1990 census data was imminent and the town could not reapportion the districts without postponing the elections. Was accepted by plaintiffs and the court. A consent judgment was entered. Arguing primarily that plaintiffs were not entitled to a full award because they had not prevailed on all of their claims and that the town was not responsible for the malapportionment. The prevailing party may recover attorney's and expert fees. 42 U.S.C. 1988.1 The determination of whether a party has prevailed and the decision to award fees is committed to the sound discretion of the district court. It also conceded that plaintiffs are entitled to the full amount requested if they 1 The retroactive applicability of the Civil Rights Act of 1991.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2433.PDF">OPINION/ORDER</A><BR>
The tribe appeals. 2 No. 02 2433 The oddness of the tribe's claims is made dramatically clear by the facts of the case. Forest County is a large (1014 square miles) but sparsely populated (barely 10. The population is unevenly distributed across the county. 57 percent of the 1620 census blocks into which the county is divided have no human inhabitants at all. The county is governed by a board of supervisors each of whose 21 members is elected from a single member district in nonpartisan elections held every two years. The rest of the county's population is white. Except for a very small number of blacks (only 118 on census day) almost all of whom (106) are residents of the Blackwell Job Corps Civilian Conservation Center. A majority of whom are black. Are transients. The average length of their stay is only 188 days. Only 57 percent are Wisconsinites. Very few either come from Forest County or plan to remain there when their stint at the center is up. The difference between the largest and the smallest (86) is 18 percent of 477.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-2427.01A">OPINION/ORDER</A><BR>
Were on brief for appellants. Were on brief for appellee. This is an action to enjoin the Department of Defense from carrying out the President's decision to close Loring Air Force Base (
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200311/02-7100a.pdf">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986598.MAN.pdf">OPINION/ORDER</A><BR>
The lawsuit is barred by the Eleventh Amendment. I. The factual and procedural history surrounding this case are straightforward. An English only Amendment to the Alabama Constitution was ratified. Amendment 509 states: English is the official language of the state of Alabama. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment. The courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. Other interpretive aids were officially forbidden. Naming Sandoval as the representative of the class of
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986598.OPN.pdf">OPINION/ORDER</A><BR>
The lawsuit is barred by the Eleventh Amendment. The factual and procedural history surrounding this case are straightforward. An English only Amendment to the Alabama Constitution was ratified. Amendment 509 states: English is the official language of the state of Alabama. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment. The courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. Other interpretive aids were officially forbidden. Naming Sandoval as the representative of the class of
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/507DA99F7D220B6E88257069004DB7FD/$file/0410113.pdf?openelement">OPINION/ORDER</A><BR>
Given the extent of the fair cross section showing Rodriguez was able to develop even without the help of an expert. RODRIGUEZ LARA counsel would have required the services of an expert for a paying client. Although Rodriguez's Sixth Amendments rights were not violated by the judge's use of a prior conviction to enhance Rodriguez's sentence. This plan must be designed to ensure that litigants have grand and petit juries selected from a fair cross section of the community in the applicable district or division of the district. That no prospective jurors are subject to discrimination on any of several enumerated grounds. The statute contemplates that each district or division will use voter registration lists or the lists of actual voters of the political subdivisions within that district or division. The jury plan for the Eastern District of California provides that names of prospective jurors for the master jury wheel are to be drawn randomly from voter registration records for all counties within the relevant division of the district.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/06/981191P.pdf">OPINION/ORDER</A><BR>
Was the City Recorder for the City of Crawfordsville. Lindsey Fairley are all members of the Crittenden County Election Commission. Is the County Clerk for Crittenden County. Was appointed by the Crawfordsville City Council to fill the unexpired term of City Recorder for Crawfordsville. Plaintiff was selected by the City Council when the former City Recorder. The term of office for the position of City Recorder in Arkansas is dependent upon the classification of the city. Appellant named the election commission as the
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov99/98-6598.man.html">SANDOVAL V. HAGAN (11/30/1999, NO. 98-6598)<BR></A><BR>
The lawsuit is barred by the Eleventh Amendment. We affirm the district court's judgment.</P> <P><CENTER>I.</CENTER> </P> <P> The factual and procedural history surrounding this case are straightforward. An English only Amendment to the Alabama Constitution was ratified. Amendment 509 states:</P> <P> English is the official language of the state of Alabama. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. The legislature shall make no law which diminishes or ignores the role of English as the common language of the state of Alabama.</P> <P> Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment. The courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. Other interpretive aids were officially forbidden. Naming Sandoval as the representative of the class of
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov99/98-6598.man.html">SANDOVAL V. HAGAN (11/30/1999, NO. 98-6598)<BR></A><BR>
The lawsuit is barred by the Eleventh Amendment. We affirm the district court's judgment.</P> <P><CENTER>I.</CENTER> </P> <P> The factual and procedural history surrounding this case are straightforward. An English only Amendment to the Alabama Constitution was ratified. Amendment 509 states:</P> <P> English is the official language of the state of Alabama. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. The legislature shall make no law which diminishes or ignores the role of English as the common language of the state of Alabama.</P> <P> Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment. The courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. Other interpretive aids were officially forbidden. Naming Sandoval as the representative of the class of
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/08/022226P.pdf">OPINION/ORDER</A><BR>
(whose true name is * unknown). * (whose true name is unknown). Drug sales were conducted at 1069 Greenbrier at all hours of the day. The warrant was scheduled to be executed on the evening of June 6. Who were not in police uniform. Who they were. The officers told her that they were census workers. Frison's daughter and grandchild were on the premises at the time. Also present were Jessie Banks and Richard Rhiems. Who were living in the attic at 1069 Greenbrier. Frison was detained as she approached the house. Officers recovered a substance that they suspected was crack cocaine. Heidi Frison was arrested for operating a disorderly house in violation of Minnesota Statute § 609.33. The operation of a disorderly house is a gross misdemeanor. A disorderly house is defined as a place in which the violation of controlled substances laws are habitual. Evidence of unlawful possession of a controlled substance is prima facie evidence of the existence of a disorderly house. Subsequent testing proved that the substance was not crack cocaine and the charges against Frison were dropped.
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We hold that the district court correctly rejected Sanders' claim that the jury that convicted him was drawn from a jury venire that unconstitutionally failed to reflect the number of Hispanics in Kern County. Where he was tried. We also conclude that this error was not harmless. FACTUAL AND PROCEDURAL BACKGROUND1 Sanders was found guilty of murdering of Janice Allen. Who was a drug dealer. Maxwell was one of his customers. As was Thompson. The plan was to lure Boender to Maxwell's home. Have Sanders whom Boender did not know attack and rob Boender. Then have Sanders bind and
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200510669.pdf">OPINION/ORDER</A><BR>
Circuit Judge: This is a vote dilution case. 69.4% were white. 15.0% were Hispanic. 10.5% were African American. 73.2% were white. 12.7% were Hispanic. 10.1% were African American.1 Population numbers alone. Most of the Hispanic population is dispersed across the southern portion of the county. The African American population is concentrated in an area known as Washington Park. The same election scheme governs both the County Commission and the School Board: the county is divided into five residential districts. At large voting determines the outcome of each election.2 Candidates that receive a majority of the countywide vote in a primary election are selected as their political party's nominee. 3 and a plurality of the countywide vote is sufficient to win the general election. The County Commission elections are partisan and School Board elections became nonpartisan due to a Florida statutory change effective January 1. The only other African American candidate for countywide office on either the County Commission or School Board was Charles Hall.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr2001/011943.txt">OPINION/ORDER</A><BR>
The primary election is (as of the time of this opinion) scheduled to occur on June 5. We have. Will hereinafter. Named as Defendants are: (1) the Apportionment Commission. We will hereinafter refer to these parties collectively as
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2002/01-14940.opn.html">JOHNSON V. HAMRICK (7/5/2002, NO. 01-14940)<BR></A><BR>
Georgia is governed by a city council comprised of five members. Voting is conducted on an at large basis. The office of the mayor rotates among the city council members and is not filled directly by popular election. The city is run by a manager who is appointed by and serves at the pleasure of the city council.</SPAN></P> <P><SPAN STYLE=
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A verdict was returned in favor of Arbaugh. The district court entered an order vacating and reversing Arbaugh's jury verdict and judgment based upon the determination that the court did not have subject matter jurisdiction. filed a timely notice of appeal. BACKGROUND AND PROCEDURAL HISTORY Jenifer Arbaugh was employed as a bartender and waitress at the Moonlight Café. The parties consented to have the matter heard before a magistrate judge pursuant to 28 U.S.C. § 636(c).2 Over the course of two days in October 2002. Defendants argued that during the relevant years Arbaugh was employed there. The district court granted Defendants' This opinion will refer to the magistrate judge as the district court and her rulings as decisions issued by the district court. 3 2 motion and vacated and reversed Arbaugh's jury verdict and judgment. Explaining that this calculation was exclusive of Y&H's delivery drivers. Defendants would have been subject to the statutory framework of Title VII. Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-2755_043.pdf">OPINION/ORDER</A><BR>
This case is satellite litigation emanating from the long running legal battle over the remapping of Chicago's aldermanic wards following the 1990 census. It is dressed up in constitutional clothing. The plaintiffs are Chicago aldermen who challenged the City's ward map in court and then claimed that the City's refusal to finance their legal expenses in that litigation violated their equal protection and free speech rights. Chicago's aldermen were divided (with a few exceptions) into two opposing camps during the political struggle over the new ward boundaries the
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3981_016.pdf">OPINION/ORDER</A><BR>
The question in this case is whether the Illinois Department of Transportation violated the United States Constitution in administering a program designed to increase the participation of socially and economically disadvantaged individuals in Illinois highway construction subcontracting. Arguing that the State's 2 No. 05 3981 disadvantaged business enterprise program is not narrowly tailored to further a compelling governmental interest. Inc. (
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Is amended as follows: 1. We have held that it is appropriate to admit pre liability period data into evidence in a disparate impact case if promotional practices remain similar over a long period of time. As they have in this case. 1226 (9th Cir. 1991) (allowing plaintiffs in a Title VII disparate impact case to aggregate results from multiple promotional exams because
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A verdict was returned in favor of Arbaugh. The district court entered an order vacating and reversing Arbaugh's jury verdict and judgment based upon the determination that the court did not have subject matter jurisdiction. filed a timely notice of appeal. BACKGROUND AND PROCEDURAL HISTORY Jenifer Arbaugh was employed as a bartender and waitress at the Moonlight Café. The parties consented to have the matter heard before a magistrate judge pursuant to 28 U.S.C. § 636(c).2 Over the course of two days in October 2002. Defendants argued that during the relevant years Arbaugh was employed there. The district court granted Defendants' motion and vacated and reversed Arbaugh's jury verdict and This opinion will refer to the magistrate judge as the district court and her rulings as decisions issued by the district court. 3 2 judgment. Explaining that this calculation was exclusive of Y&H's delivery drivers. Defendants would have been subject to the statutory framework of Title VII. Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C4E62D0AB1FF7AF688256BCA0000347F/$file/0155312.pdf?openelement">OPINION/ORDER</A><BR>
The allegations are serious. Highway patrol officers who are members of racial minorities. The district court and this court have struggled with the issues involved. Of whom were officers of color. Only 102 of these non white officers were in positions above the entry level rank. The successful applicant is assigned to an entry level peace officer position. An officer must pass a promotional examination.1 There is a different examination process for each supervisory rank. The exam for the sergeants rank includes an oral and written component whereas that for the position of assistant chief is oral only.2 Although certain ranks may share the same examination format. The exam for each rank is comprised of different questions and covers different exam topics. The examinations were given approximately every two years. The questions differed each time the exams were administered. There is no promotional exam for that position. The record does not reflect whether outside candidates are eligible to apply. 2 During the relevant period of time for this lawsuit.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2002/01-14940.opn.html">JOHNSON V. HAMRICK (7/5/2002, NO. 01-14940)<BR></A><BR>
Georgia is governed by a city council comprised of five members. Voting is conducted on an at large basis. The office of the mayor rotates among the city council members and is not filled directly by popular election. The city is run by a manager who is appointed by and serves at the pleasure of the city council.</SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-3062.wpd">OPINION/ORDER</A><BR>
Kansas clinic.(1) Gambro is headquartered in Denver. The Atchison clinic is relatively small. The clinic was leanly staffed. Of which Campbell was one. Who had slightly more seniority than Campbell due to prior work experience. (1) Campbell was originally employed by Renal Management. She was responsible for tracking the clinic's inventory utilizing an automated physical inventory computer system (
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2186.01A">OPINION/ORDER</A><BR>
Were on brief. Contending that his inability to vote for the President and Vice President of the United States of America on account of his residency in Puerto Rico is a redressable violation of his right to equal protection as a United States citizen. A has raised no argument that would bring the matter outside the usual
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1577.01A">OPINION/ORDER</A><BR>
P.C.</SPAN> were on brief for appellants.</SPAN> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2002/01-10859.opn.html">CLARK V. PUTNAM COUNTY (6/10/2002, NO. 01-10859)<BR></A><BR>
Appellants claim that these two districts were racially gerrymandered in violation of the Equal Protection Clause of the United States Constitution. <A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/10/021359P.pdf">OPINION/ORDER</A><BR>
This statute provides that the Board shall authorize the construction and operation of a proposed new line
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-3356.pdf">OPINION/ORDER</A><BR>
United States Court of Appeals for the Federal Circuit
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CLARK V. PUTNAM COUNTY (6/10/2002, NO. 01-10859)
Appellants claim that these two districts were racially gerrymandered in violation of the Equal Protection Clause of the United States Constitution.
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OPINION/ORDER
Before the court are several appeals from judgments concerning lands once recognized to be part of the Yankton Sioux Reservation. That case was remanded for further proceedings.1 In the district court the case was then consolidated with an Individually. The district court concluded that the reservation has not been disestablished and still includes all land within the original exterior reservation boundaries that was not ceded to the United States. The individual named state and county officials appeal.2 We affirm the conclusion that the reservation was never clearly disestablished. We reverse the conclusion that the original exterior boundaries of the reservation continue to have effect and that all nonceded lands remain part of the reservation. I. The original boundaries of the Yankton Sioux Reservation were defined in a treaty between the United States and the Yankton Sioux Tribe on April 19. 000 acres in what is now Charles The named defendants in the declaratory judgment action were Matt Gaffey. South Dakota.3 The Supreme Court held in Yankton that the reservation was diminished by land ceded to the United States under an 1892 agreement.
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EQUAL EMPLOYMENT OPPORTUNITY COMM'N V. JOE'S STONE CRAB (8/4/2000, NO. 98-5367)
Circuit Judge:
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SANDERS V. DOOLY COUNTY, GEORGIA (3/29/2001, NO. 00-12850)
Reno issued was an inexcusable delay. (2) the census data available to redistrict now are over ten years old and thus unreliable. The Supreme Court has further trimmed the number of proper
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ENG'G CONTRACTORS ASS'N OF SOUTH FLORIDA V. METRO. DADE COUNTY
This document was created from RTF source by rtftohtml version 2.7.5 > Eng'g Contractors Ass'n of South Florida v. Is drawn primarily from the district court's thorough opinion. UNDISPUTED FACTS<p> <p> Three affirmative action programs enacted by the Dade County Board of Commissioners are at issue in this appeal: (1) the Black Business Enterprise (
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199913138.OPN.pdf">OPINION/ORDER</A><BR>
Whether certain kinds of international commercial agreements are
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Whether certain kinds of international commercial agreements are
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept97/96-5274.man.html">ENG'G CONTRACTORS ASS'N OF SOUTH FLORIDA V. METRO. DADE COUNTY<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Eng'g Contractors Ass'n of South Florida v. Is drawn primarily from the district court's thorough opinion. UNDISPUTED FACTS<p> <p> Three affirmative action programs enacted by the Dade County Board of Commissioners are at issue in this appeal: (1) the Black Business Enterprise (
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-2207.01A">OPINION/ORDER</A><BR>
Is corrected as follows: On page 10. With whom Nicholas Foundas was on brief. Were on brief. One of which was initiated by the United States. We will refer to the decree in the singular. Since it is the Beecher decree that is the cynosure of the parties' arguments. They were ranked below several minority candidates who earned lower scores. Appellants were disadvantaged with respect to vacant firefighter positions. 2The eligibility list was assembled according to the procedures specified in the decree. Those procedures stipulated that the candidates placed on the list must have passed a properly validated qualifying examination and otherwise have met all eligibility requirements for the position. The list was to consist of one minority candidate (i.e. The Department had achieved a percentage of black and Spanish surnamed members higher than the percentage of such minorities in Boston's general population at the time the decree was originally entered. The decree's ameliorative purposes could be satisfactorily accommodated without any affirmative action because the 1987 entrance examination for firefighters was race neutral.
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/May2003/021580u.pdf">OPINION/ORDER</A><BR>
Pennsylvania lost two congressional seats and was required to adopt a redistricting plan. Which was signed into law on January 7. Was permitted to intervene in the underlying case for the limited purpose of supporting a motion to quash a subpoena duces tecum served on a third party. After the motion to quash was denied. We will dism iss the appeal as moot. Was unconstitutional. D.J.'s) was convened pursuant to 28 U.S.C. § 2284 (a). Which provides for such a panel
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/07/99-9543.htm">99-9543 -- CUSTER COUNTY ACTION ASSOCIATION V. GARVEY -- 07/19/2001<BR></A><BR>
Petitioners further claim implementation of the Initiative will violate their property rights under the Third and Fifth Amendments to the United States Constitution. <p> We exercise jurisdiction over the FAA's final order pursuant to 49 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DBA1F2A485A1FBBF88256D9B005A02F1/$file/0235030.pdf?openelement">OPINION/ORDER</A><BR>
One is that signatures in support of the initiative must be collected from six percent of the qualified voters in each of at least half of the state's counties. This power is known as the initiative. CENARUSSA 13129 Idaho Legislature has enacted enabling legislation that defines Idaho's procedures for conducting initiative and referendum elections.2 Plaintiff Idaho Coalition United for Bears is an organization that seeks to advance its supporters' goals through the initiative process. Three individuals who have organized petition drives in attempts to place initiatives on the ballot in past years. The proposed initiative is then delivered to the Secretary of State. Once the ballot titles are prepared. Petitioners are then free to circulate the petition. Petitions are due at the expiration of eighteen months or on the last day of April in the year in which the proposed initiative would appear on the ballot. Idaho's population is unevenly distributed throughout its counties: 60% of its population resides in just nine of its 44 counties.4 For this reason.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2001/00-12850.man.html">SANDERS V. DOOLY COUNTY, GEORGIA (3/29/2001, NO. 00-12850)<BR></A><BR>
Reno</EM> issued was an inexcusable delay. (2) the census data available to redistrict now are over ten years old and thus unreliable. The Supreme Court has further trimmed the number of proper </SPAN><SPAN STYLE=
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Were on brief. Were on brief. 2000 a complaint was filed in the United States District Court for the District of Puerto Rico by eleven individuals alleging that as citizens of the United States residing in Puerto Rico they are being deprived of the right to vote for the candidates to the offices of President and Vice President of the United States. The first includes individuals who have always resided in Puerto Rico and whose claim is based on their alleged right to vote for the national offices in question because they consider it a right inherent in United States citizenship. The second group is comprised of former residents of states who were eligible to vote during such residence in the States but became ineligible to do so upon taking residency in Puerto Rico. Because Puerto Rico is included within the definition of
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2001/99-13138.man.html">MADE IN THE UNITED STATES FOUND. V. UNITED STATES (2/27/2001, NO. 99-13138)<BR></A><BR>
Whether certain kinds of international commercial agreements are
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2001/99-13138.man.html">MADE IN THE UNITED STATES FOUND. V. UNITED STATES (2/27/2001, NO. 99-13138)<BR></A><BR>
Whether certain kinds of international commercial agreements are
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/02/954253P.pdf">OPINION/ORDER</A><BR>
We conclude that the appeal in this case is moot. While there are several small rural hospitals near Dubuque. The closest comparable hospitals to Mercy and Finley are regional hospitals located between 70 and 100 miles away in Waterloo. Mercy and Finley began pursuing a partnership which would have merged the two entities into Dubuque Regional Hospital Systems. While Finley was estimated to have 124 staffed beds and an average daily census of 63. Had between 25 and 99 licensed beds and an average daily census of between 3 and 12.4. 44 2 merger would have anticompetitive effects and denied the requested injunction. Key to the district court's conclusion was its finding that the United States had not proven that the relevant geographic market did not include the Regional hospitals. Then the court would have rejected Mercy's and Finley's argument that efficiencies stemming from the merger justified any anticompetitive effects. This Court described the relevant geographic market for antitrust purposes: The determination of the relevant market is a
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/12/962964P.pdf">OPINION/ORDER</A><BR>
Jurisdiction was proper in the district court based upon 28 U.S.C. §§ 1331. Jurisdiction on appeal is proper based upon 28 U.S.C. §1291. The notices of appeal and cross appeal were timely filed under Fed. I. Background The following facts are taken from the district court's memorandum opinion. The Omaha and Winnebago Indian Reservations are located in eastern Thurston County. The Village is a small community located in eastern Thurston County. Was 80% Native American.3 The individual plaintiffs. Are Native American citizens and voters in Thurston County. Are located in Thurston County. The County Board is composed of seven members elected from single member districts. Members are nominated in partisan primary elections and elected in general elections in even numbered years. 7) are elected in gubernatorial election years. 6) are elected in presidential election years. 43.92% are Native Americans and 55.67% are whites. 35.9% are Native Americans and 63.54% are whites. Which are the majority minority districts.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200116723ord.pdf">OPINION/ORDER</A><BR>
BY THE COURT: The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35. The Petition for Rehearing En Banc is DENIED. /s/ J L EDMONDSON Chief Judge 2 BIRCH. Specially Concurring in the Denial of Rehearing En Banc: The dissents to the denial of rehearing en banc both agree that the Equal Protection Clause challenge to the Florida statute at issue should have been embraced by our court. 4 the vociferous dissent by my sister jurist (for whom I have great respect and affection). The Florida adoption statute at issue is constitutionally flawed. The Lofton panel's analysis and approach in this case was premised on a fundamental principal or philosophy. When he observed: Courts are not representative bodies. They are not designed to be a good reflex of a democratic society. ... Their essential quality is detachment. History teaches that the independence of the judiciary is jeopardized when courts become embroiled in the passions of the day and assume primary responsibility in choosing between competing political.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200012850.OPN.pdf">OPINION/ORDER</A><BR>
Reno issued was an inexcusable delay. (2) the census data available to redistrict now are over ten years old and thus unreliable. The Supreme Court has further trimmed the number of proper Shaw plaintiffs by holding that the residents of intentionally racially gerrymandered districts have suffered no cognizable harm if the districts are not the ones the districting plan originally set out to create. Even if those gerrymandered districts are indispensable to the racially motivated plan. The plaintiffs have had no opportunity to present evidence). Have suffered no cognizable harm from the alleged gerrymandering of their districts. Because the third element of a laches defense prejudice to the defendants from the unexcused delay is missing. There is no risk of confusion from a redistricting. 2 but that effect is no more prejudicial to the defendants now than it would have been in 1993.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2000/98-5367.man.html">EQUAL EMPLOYMENT OPPORTUNITY COMM'N V. JOE'S STONE CRAB (8/4/2000, NO. 98-5367)<BR></A><BR>
Circuit Judge:</SPAN></P> <P><SPAN STYLE=
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Reno issued was an inexcusable delay. (2) the census data available to redistrict now are over ten years old and thus unreliable. The Supreme Court has further trimmed the number of proper Shaw plaintiffs by holding that the residents of intentionally racially gerrymandered districts have suffered no cognizable harm if the districts are not the ones the districting plan originally set out to create. Even if those gerrymandered districts are indispensable to the racially motivated plan. The plaintiffs have had no opportunity to present evidence). Have suffered no cognizable harm from the alleged gerrymandering of their districts. Because the third element of a laches defense prejudice to the defendants from the unexcused delay is missing. There is no risk of confusion from a redistricting. 12 but that effect is no more prejudicial to the defendants now 1 2 42 U.S.C. § 1973c. Guidance Concerning Redistricting and Retrogression Under than it would have been in 1993.
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTYzMjgtY3Zfb3BuLnBkZg==/04-6328-cv_opn.pdf">OPINION/ORDER</A><BR>
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The Boldens were indicted in December of 1997 by a grand jury in Asheville. A superseding indictment was returned in October of 1998.1 The indictment alleged that. On which the Boldens were tried. This fraud scheme was carried out through their operation of Emerald Health CareTaylorsville (
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTYzMjgtY3YgdyBFcnJhdGEucGRm/04-6328-cv%20w%20Errata.pdf">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-5096.html">UNION ELECTRIC COMPANY V. U.S.<BR></A><BR>
Argued for plaintiff appellant.<span style='mso spacerun:yes'> </span>With him on the brief was <u>Howard N. Argued for defendant appellee.<span style='mso spacerun:yes'> </span>With him on the brief were <u>Peter D. Director.<span style='mso spacerun:yes'> </span>Of counsel on the brief was <u>Marc E. 106 Stat. 2776 (codified as amended in various sections of 42 U.S.C.) ( EPACT ).<span style='mso spacerun:yes'> </span>EPACT imposes special monetary assessments on domestic utility companies that have purchased government enriched uranium for the purpose of commercial electricity generation. 535 U.S. 1095 (2002).<span style='mso spacerun:yes'> </span>This case presents the question whether the assessments constitute unconstitutionally unapportioned direct taxes.<span style='mso spacerun:yes'> </span>This issue was raised in passing in <u>Maine Yankee</u>. On the merits we hold that the EPACT special assessments are not direct taxes and do not therefore require apportionment in accordance with the Direct Tax Clauses of the Constitution.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june97/95-4255.opa.html">UNITED STATES V. CITY OF MIAMI<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. BACKGROUND<p> <p> This case is again before this court on appeal by the Miami Association of Firefighters. On remand the district court was to examine
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan95/93-3508.html">BARNETT BANK V. GALLAGHER<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Barnett Bank v. The Florida Associations of Insurance Agents allege that the district court erred in finding that Appellant Barnett Marion was
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec94/92-2588.opa.html">NIPPER V. SMITH<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2000/97-2540.op3.html">SOLOMON V. LIBERTY COUNTY COMMISSIONERS (8/10/2000, NO. 97-2540)<BR></A><BR>
We hold that the district court properly denied relief and therefore affirm.</P> <P><CENTER>I.</CENTER> </P> <P> The facts and procedural history of this case have been developed extensively in two previous panel opinions. The county is divided into five residential districts. A run off primary election is held. Because most candidates in Liberty County are Democrats. Therefore sought an injunctive order dividing the county into five single member districts.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june97/95-4255.opa.html">UNITED STATES V. CITY OF MIAMI<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan95/93-3508.html">BARNETT BANK V. GALLAGHER<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Barnett Bank v. The Florida Associations of Insurance Agents allege that the district court erred in finding that Appellant Barnett Marion was
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec94/92-2588.opa.html">NIPPER V. SMITH<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2000/97-2540.op3.html">SOLOMON V. LIBERTY COUNTY COMMISSIONERS (8/10/2000, NO. 97-2540)<BR></A><BR>
We hold that the district court properly denied relief and therefore affirm.</P> <P><CENTER>I.</CENTER> </P> <P> The facts and procedural history of this case have been developed extensively in two previous panel opinions. The county is divided into five residential districts. A run off primary election is held. Because most candidates in Liberty County are Democrats. Therefore sought an injunctive order dividing the county into five single member districts.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/03/01-8082.htm">01-8082 -- BROWN V. LABARGE -- 03/01/2004<BR></A><BR>
</strong> Circuit Judges. <p> <hr align=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/12/01-4046.htm">01-4046 -- SNYDER V. CITY OF MOAB -- 12/29/2003<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/09/97-1304.htm">97-1304 -- ADARAND CONSTRUCTORS INC. V. SLATER -- 09/25/2000<BR></A><BR>
We are just one race here. It is American.
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Circuit Judge: Howard Bingham was pulled over by Manhattan Beach Police Officer Robert Schreiber in the early morning hours of October 4. Schreiber alleges that Bingham was driving erratically. Where he was held for several hours. JURISDICTION Although the denial of a summary judgment motion ordinarily is not appealable. We have jurisdiction over an interlocutory appeal when the ground for the motion is qualified immunity. Our jurisdiction generally is limited to issues of law. Where the facts are disputed. We assume that the version of the facts asserted by the non moving party is correct in determining whether the denial of qualified immunity was appropriate. 313 (1996) (holding the denial of summary judgment appealable where the denial
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/68E05CAB4661E0CD88256E0F005CDFED/$file/0056803.pdf?openelement">OPINION/ORDER</A><BR>
Is amended as follows: 1. This evidence is insufficient to make out a prima facie case.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/09A79051D36F904688256D2800740F6A/$file/0156044.pdf?openelement">OPINION/ORDER</A><BR>
Circuit Judge: Howard Bingham was pulled over by Manhattan Beach Police Officer Robert Schreiber in the early morning hours of 6580 BINGHAM v. Schreiber alleges that Bingham was driving erratically. Where he was held for several hours. JURISDICTION Although the denial of a summary judgment motion ordinarily is not appealable. We have jurisdiction over an interlocutory appeal when the ground for the motion is qualified immunity. Our jurisdiction generally is limited to issues of law. Where the facts are disputed. We assume that the version of the facts asserted by the non moving party is correct in determining whether the denial of qualified immunity was appropriate. 313 (1996) (holding the denial of summary judgment appealable where the denial
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/974143P.pdf">OPINION/ORDER</A><BR>
Defendant Kenneth Wayne Beck was convicted following a jury trial of possession with intent to distribute methamphetamine. Was sentenced to 121 months imprisonment. during a search of his rental car following a traffic stop. In all likelihood because the facts of this case are uncontested. Because the relevant facts in this case are undisputed. 276 (2d Cir. 1996) facts
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/08/931811P.pdf">OPINION/ORDER</A><BR>
At issue in this § 2 Voting Rights Act case is whether issue preclusion bars certain plaintiffs appellants1 from bringing a second suit challenging the St. Which are drawn based on the 1990 federal decennial census. Although these appellants were not parties to the original lawsuit challenging the aldermanic boundaries. They were
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/95/12/931009P.pdf">OPINION/ORDER</A><BR>
The district court again dismissed the complaint because it found that Harvell failed to establish that the unsuccessful black candidates were the minority's preferred candidates. sanctions against Harvell. 910 (8th Cir. 1994). vacated the panel opinion. I. The underlying facts of this dispute are set out in detail in our earlier opinions. The voting age population of the Blytheville school Each member of district is 14. Of which 70% is white and 29% black.1 terms expire each year. Two These are the 1980 census figures that were used at trial. Of which approximately 37% are black and 62% white. We do not have the relevant voting age populations before us. 2 1 school board elections were determined by a plurality vote. Which would occasion the need for a run off election between the voter preferred candidates in the event that no candidate was able to garnish a majority of the voters in the initial election. in the first round. filed suit. All winning candidates since 1987 have been elected by a majority of votes cast Following two elections under this scheme Harvell None of six separate black candidates has defeated a white candidate in eight attempts following the 1987 election.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/06/993291P.pdf">OPINION/ORDER</A><BR>
The record contains substantial evidence on which the jury reasonably could have found Love guilty of conspiracy to distribute cocaine. The district court's sentence related factual findings about drug quantities have ample support in the record and none are clearly erroneous. Having satisfied ourselves that the cases were well tried in the district court. No other issue in American history and contemporary life is more troubling. This case reminds us that racial prejudice is also a fundamental concern in our nation's criminal justice system. Dissenting) (
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044124p.pdf">OPINION/ORDER</A><BR>
We have an appeal by an employer from an adverse verdict in favor of an employee (here independent contractor) on his claim of unlawful termination in retaliation for speech protected by the First Amendment. Our task is to review the law applied by the District Court on a plenary basis and ascertain whether there is sufficient evidence to support the jury verdict. 2 I. Gregg Sylvester was the Secretary of DHSS from October. Was an independent contractor at the DPC from July 1. These were introduced into evidence at trial as Plaintiff's Exhibits PX 1 through 5. We summarize them below but because they are central to the issues before us they are included verbatim in the Appendix to this opinion. The memorandum charges that there was
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042589np.pdf">OPINION/ORDER</A><BR>
Teaching hospitals are entitled to reimbursement for the indirect cost of operating a medical residency program. This
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTMwNThfc28ucGRm/05-3058_so.pdf">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19954255.OPA.pdf">OPINION/ORDER</A><BR>
BACKGROUND This case is again before this court on appeal by the Miami Association of Firefighters. On remand the district court was to examine
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1258.01A">OPINION/ORDER</A><BR>
Were on brief. Were on brief for appellee.</FONT></P> <BR WP=
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200604/04-7126a.pdf">O:\BENCH_MO\2005-2006\CORKRAN\JANUARY CASES\2922 SHERMAN AVE TENANTS V. DC\SHERMAN AVE OPINION(4-04-06)(FOR PUB).WPD<BR></A><BR>
With him on the briefs were Robert J. Musolino was on the brief for cross appellant Andrew J. With him on the briefs were John P. Palmore were on the brief for amici curiae National Fair Housing Alliance. Because the district court should have instructed the jury on their DCHRA claim. Columbia Heights is. The following evidence was presented: In early 2000. Was intended to protect the health and safety of building tenants. NSP released a final
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200507/04-5366a.pdf">OPINION/ORDER</A><BR>
With him on the briefs were Michael B. With her on the brief were Peter D. The district court rested its decision on the ground that the judgment did not require the remedy Heartland seeks a direction that it is entitled to
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992389A.P.pdf">OPINION/ORDER</A><BR>
OPINION PER CURIAM: This case was argued before the en banc Court on February 27. (2) holding that the establishment of a magnet schools program was an ultra vires. King and Gregory in the affirmative) attorneys' fees for work done on the unitary status issue are denied. Nominal damages and attorneys' fees in that regard are denied. The injunction is vacated. The imposition of sanctions is affirmed. The judgment of the district court is therefore affirmed on the finding of unitary status and the imposition of sanctions. The judgment of the district court vacating and dissolving all prior injunctive orders and decrees is affirmed. The Board is to operate the school system without the strictures of these decrees no later than the 2002 2003 school year. Circuit Judge: This case is hopefully the final chapter in the saga of federal court control over the Charlotte Mecklenburg Schools (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992389.P.pdf">OPINION/ORDER</A><BR>
As follows: On page 3 the list of amici curiae is corrected to read
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8D313799BB6F1D3E88256DD70060F3B1/$file/0056803.pdf?openelement">OPINION/ORDER</A><BR>
I Francisco Vasquez is a Deputy Probation Officer. DKC is a detention facility for youth who have committed less serious crimes. The DPOs are assigned to a particular cottage or to the field. Vasquez was assigned to
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2001/99-14493.man.html">DANSKINE V. MIAMI DADE FIRE DEP'T (6/12/2001, NO. 99-14493)<BR></A><BR>
Those aspects of the plan have long since been terminated. It is that aspect of the plan which we consider today.</SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/12/011459P.pdf">OPINION/ORDER</A><BR>
These three plaintiffs argue that the fee award was too small. Because the district court's fee award appears to have been based. Both house members were to be elected at large within the entire district. Was divided into two single member house districts. Approximately sixty percent of the voting age population of House District 28A was American Indian. Less than four percent of the voting age population was American Indian. Less than twenty nine percent of the voting age population was American Indian. These individuals are all residents of the Cheyenne River Sioux Reservation. The state constitutional question presented by the individual plaintiffs' complaint was whether the 1996 redistricting violated Article III. The district court informed the parties the federal claims presented by the individual plaintiffs and the United States were moot. The only remaining issues were the remedy and attorney fees. The district court held that House Districts 28A and 28B were
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-6105.wpd">OPINION/ORDER</A><BR>
Orange argues that his trial counsel was ineffective because he <hr> failed to challenge the jury composition of Mr. Orange maintains that this professionally unreasonable decision prejudiced him because a jury composition challenge would have succeeded. The case was based on Mr. His conviction was upheld on direct appeal. Orange failed to demonstrate a systematic exclusion of a group or that the district's use of voter registration lists as the source for the master jury wheel names was constitutionally or statutorily unsound. Orange failed to make a sufficient showing on either his facial or as applied challenges to jury composition and (2) having found that the jury composition challenges were without merit. Counsel was not ineffective for failing to raise them. This court instructed the district court to (1) determine whether trial counsel's failure to challenge the jury composition was strategic. Wherein it was established that prior to trial. Concluded a jury composition challenge was unlikely to succeed.
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033488p.pdf">OPINION/ORDER</A><BR>
This is an interlocutory appeal by the defendant. The lead plaintiff is Gail Watson Chiang (
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1899.01A">OPINION/ORDER</A><BR>
AS HE IS SECRETARY OF COMMERCE. LLP</SPAN> were on brief. Were on brief. LLP</SPAN> was on brief. Because the pertinent statutory language does not express Congress's intent to enact permanent law with sufficient clarity to overcome the presumption that a provision in an appropriations bill applies only to the fiscal year for which it is enacted. BACKGROUND</STRONG></SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec95/98-2718.op2.html">LINDA DENNO V. SCH. BD. OF VOLUSIA COUNTY (7/20/2000, NO. 98-2718)<BR></A><BR>
Was vacated and withdrawn and panel rehearing was ordered. <SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/11/98-6465.htm">98-6465 -- TRICE V. WARD -- 11/15/1999<BR></A><BR>
Who was 5' 1
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<TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Sep2004/Sep24/03-51119-CV0.wpd.pdf">OPINION/ORDER</A><BR>
We hold that there is no legal or factual basis for the court's finding of vote dilution and that the plaintiffs are entitled to no relief under federal law. The major changes effected by the 2001 redistricting plan were the reduction of the number of precincts from five to four. Thereby leaving the total number of Justice of the Peace positions was unchanged. There are one majority black and two majority Hispanic districts. The population of now extinct Precinct Five was transferred into revised Precincts One and Two. The redistricting plan was pre cleared by the Department of Justice's Civil Rights Division. 2 Just after elections had been held under the new plan. A. Voting Rights Act Claim What the plaintiffs precisely assert is that the DISCUSSION elimination of Precinct Five and its consolidation in the other redrawn districts has diluted the influence of Hispanic votes in Precinct Two. Constable It is surely no accident. That former whose position was eliminated in the Tejeda. Is the lead plaintiff.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DC8B190EFF3ECCC688256E5A00707C52/$file/9915857.pdf?openelement">OPINION/ORDER</A><BR>
We conclude that the district court properly granted summary judgment for McClatchy on the ground that Thornton presented no genuine issue of material fact showing that she was disabled within the meaning of the ADA.
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/September2004/033488p.pdf">OPINION/ORDER</A><BR>
This is an interlocutory appeal by the defendant. The lead plaintiff is Gail Watson Chiang (
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/390D50D3F67B95F188256E5A00707AFE/$file/0050408.pdf?openelement">OPINION/ORDER</A><BR>
Was observing traffic on Highway 86 from the median. His vehicle was facing the northbound lanes. So that
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Sept2001/002203.txt">OPINION/ORDER</A><BR>
From which the jury that convicted him was chosen. Weaver also challenges other rulings of the District Court based on the Jencks Act and procedures he claims are required in order to sentence him under the
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-5160.wpd">OPINION/ORDER</A><BR>
Argue that Oklahoma's statutory scheme for specialty motor vehicle license plates is unconstitutional under the First and Fourteenth Amendments. The Motorists contend that Oklahoma's laws unlawfully discriminate against their views by permitting drivers to obtain license plates bearing the messages
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA2LTA2NDMgLWFnX3NvLnBkZg==/06-0643%20-ag_so.pdf">OPINION/ORDER</A><BR>
IJ A79 316 269 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. It is hereby ORDERED. That the petition for review is GRANTED in part. The BIA's order is VACATED in part. The case is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 REMANDED to the BIA for further proceedings in accordance with this decision. The IJ also determined that Sidiki's application was frivolous based on his false testimony and his proffer of falsified documents. 8 C.F.R. § 208.3(c)(5). We will vacate and remand for new findings if the agency's reasoning or its fact finding process was sufficiently flawed. That issue is waived. If he were removed to that country. His claim to have spent his entire time in Bangladesh living in a Bihari camp a camp to which he would not be able to return. Face unemployment and death is at the center of the IJ's decision. The IJ's credibility findings with respect to the Bihari camp are supported by substantial evidence in the record.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/31F0472AE8A769E588257013007DAC1B/$file/0235971nographic.pdf?openelement">OPINION/ORDER</A><BR>
Appellants filed lawsuits in the United States District Court for the Western District of Washington seeking damages for the constitutional rights that were alleged to be violated by the emergency order. Four of the Appellants also filed individual claims in which they alleged that their constitutional rights were infringed by Seattle police officers in the course of the conference. We determine that the emergency order was a constitutional time. We also determine that there are genuine issues of material fact whether the emergency order was constitutional as applied to certain Appellants. Emily Maloney were also named plaintiffs in the lawsuit. They are not parties to this appeal. 1 5952 MENOTTI v. CITY OF SEATTLE All persons who were arrested by the City of Seattle and its police agents or its affiliated police agents on December 1 and 2. Pursuant to the defendants'
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-5144.pdf">OPINION/ORDER</A><BR>
With him on the brief were Peter D. Of counsel on the brief was Michael B. This is a suit for a refund of patent fees alleged to have been unlawfully exacted. Because the statute was designed to generate revenue to fund federal programs other than the United States Patent and Trademark Office (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/07/99-9546.htm">99-9546 -- QWEST CORP. V. FEDERAL COMMUNICATIONS COMMISSION -- 07/31/2001<BR></A><BR>
We do not decide the underlying issue of whether the funding is in fact sufficient. We conclude that the FCC has not supported why the funding is sufficient. Several technical aspects of the model have been challenged. We affirm the Tenth Order. <p align=
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTE1MzktY3Zfb3BuLnBkZg==/05-1539-cv_opn.pdf">OPINION/ORDER</A><BR>
The judgment of the district court is AFFIRMED in part and MODIFIED in part. Leavitt is. The New York City MSA was slightly expanded and now includes certain additional hospitals in northern New Jersey. Because the New Jersey hospitals' wages are somewhat lower. Plaintiffs allege they will receive $812 million less in reimbursements over the next ten years than they would have under their former wage adjustment. Plaintiffs argue both that the use of MSAs as proxies for
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CB1C246E174F2D0E88256AA80080CABE/$file/9915857.pdf?openelement">OPINION/ORDER</A><BR>
We conclude that the district court properly granted summary judgment for McClatchy on the ground that Thornton presented no genuine issue of material fact showing that she was disabled within the meaning of the ADA.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june2000/99-6206.opn.html">DILLARD V. CITY OF GREENSBORO (6/6/2000, NO. 99-6206)<BR></A><BR>
Who are a majority of the City's voting age population.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept2000/995755.txt">OPINION/ORDER</A><BR>
The case compels us to revisit the use of the medical vocational guidelines in the regulations 2 promulgated under the Social Security Act to establish that there are jobs in the national economy that a claimant can perform when the claimant has both exertional and nonexertional impairments. At least one of which (left eye blindness) is a nonexertional impairment under the regulations. We will reverse the order of the District Court and remand the case with instructions to return the case to the Commissioner for further proceedings. This work was physically strenuous. During his recovery Sykes was unable to work for nine months. The final blow to Sykes's employment as a tractor trailer operator came when a bungee cord snapped as he was securing metal to his truck and ruptured the globe of his left eye. The ALJ concluded that Sykes's depression was not severe. He also concluded that Sykes was not disabled because there was other work in the national 4 economy that Sykes could perform. He argued that the ALJ erred in relying exclusively on the grids in assessing whether there were jobs in the national economy that Sykes could perform when his impairments were both exertional and nonexertional.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june2001/99-14493.man.html">DANSKINE V. MIAMI DADE FIRE DEP'T (6/12/2001, NO. 99-14493)<BR></A><BR>
Those aspects of the plan have long since been terminated. It is that aspect of the plan which we consider today.</SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTU1MjEtY3Zfb3BuIHcgRGlzc2VudC5wZGY=/04-5521-cv_opn%20w%20Dissent.pdf">OPINION/ORDER</A><BR>
J.) finding in favor of plaintiffappellee as to whether the speech at issue is a matter of public concern. Whether defendant is entitled to qualified immunity. 1 Affirmed. Hynes under 42 U.S.C. § 1983 claiming that his demotion within and later firing from the Brooklyn District Attorney's Office was in unlawful retaliation for his exercise of his rights under the First Amendment. The jury returned a special verdict finding that: (1) Reuland had not shown that one of his motives was to address a matter of public concern. (2) Reuland had shown that his statement to New York magazine was a substantial or motivating factor in Hynes's decision to demote him. (3) Hynes had not shown that he would have demoted Reuland in any event because Hynes believed Reuland lied to him. (4) Reuland had not shown that his speech was a substantial or motiviating factor in his termination. Judge Gleeson ruled that the speaker's motive is not dispositive in determining whether speech is a matter of public concern and that Reuland's statement to New York magazine regarding the crime rate in Brooklyn is a matter of public concern.
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3250.pdf">OPINION/ORDER</A><BR>
This disposition is not citable as precedent. It is a public record. Belt was a Secretary at the Bureau of the Census. Asserting that her resignation had been coerced and that it was in fact involuntary. The AJ held that Belt had not shown that her resignation was involuntary and dismissed the appeal for lack of jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(9). DISCUSSION The scope of our review in an appeal from a decision of the Board is limited. We must affirm the Board's decision unless it was:
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1CC1857ADC92685D882570C100795CAA/$file/0356259.pdf?openelement">OPINION/ORDER</A><BR>
Residents and registered voters in the Santa Ana Unified School District (
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-2107.PDF">OPINION/ORDER</A><BR>
Even though the text of this law is materially identical to one held constitutional in Planned Parenthood of Southeastern Pennsylvania v. [by] the physician who is to perform the abortion. The district court concluded that the higher cost will reduce by 10% to 13% the number of abortions performed in Indiana. Some of these women will travel to states that do not require two trips. Others will forego an abortion. Some who do have an abortion in Indiana will delay that procedure until the second trimester. The judge also thought that experience in Indiana showing that the demand for abortion did not decline when information was provided on paper or over the telephone implies that the reduction in the number of abortions is attributable to higher cost (a bad reason) rather than to the statutory information (a valid reason). No. 01 2107 Indiana's statute reads as follows: 3 An abortion shall not be performed except with the voluntary and informed consent of the pregnant woman upon whom the abortion is to be performed.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1996/96a1359p.txt">OPINION/ORDER</A><BR>
After the Delaware schools' rudimentary attempts at desegregation were deemed insufficient by the district court in 1957. It was not until almost 20 years later (and 35 years after this court announced dissatisfaction with an original plan that called for grade by grade desegregation over a 12 year period) that the district court could announce that the marching orders had been obeyed: The school system has achieved unitary status by complying in good faith with our detailed desegregation decrees and by eliminating to the extent practicable the vestiges of de jure segregation. This was the ruling of the district court embodied in a judgment entered after a lengthy hearing. We will affirm. It is beyond dispute that racism and bigotry continue to tear at the fragile social fabric of our national and local communities. That our best efforts as citizens are needed to address this problem at many levels. Court supervised school desegregation alone cannot eliminate racial discrimination: [A]s the years have passed since Brown I and II [Brown v.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan2001/989009.txt">OPINION/ORDER</A><BR>
Circuit Judge: This is an appeal from the denial of a petition for a writ of habeas corpus in a capital case. Riley pleaded not guilty to all of the charges and was tried by jury in Kent County Superior Court in December 1982. He was represented by appointed counsel. Riley placed a quart bottle of beer on the counter and announced that the store was being robbed. The prosecution intr oduced evidence that Riley's fingerprints were found on the bottle of beer that had been placed on the counter. Riley took the stand in his own defense and testified that he was in Philadelphia with his mother celebrating her birthday when the robbery occurred. Although Riley's mother was present in court at the beginning of the trial. No other alibi witnesses were presented. The penalty phase of the trial was held. After Riley was sentenced on the remaining counts for which he had been convicted. This claim is procedurally barred.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200312111.pdf">OPINION/ORDER</A><BR>
Appellants are registered voters o f Dou gherty C ounty. Against appellees alleging that the current voting districts are malapportioned. Finding that appellants lacked standing to pursue a case un der §1983 and § 1973 against appellees because they were not do miciled in the underrepresented voting districts. 2 and thus were not harmed. Alleging that the district court (1) erred in both law and fact in holding they lacked standing because they were over re presente d and (2 ) abused its discretio n in denying app ellants' mo tion to consolidate their case with Knigh ton v. Dismissal for lack of standing is also reviewed de novo. We review the district court's ruling on wheth er conso lidation is a pprop riate und er an abu se of disc retion stan dard. The Committee was evenly divided with three white members and three African American members. The Committee was reconvened to consider appellant Wright's plans in conju nction w ith the plan previou sly selected . It is un disputed that as a res ult on this inaction by the Georgia state legislature the districts were unchanged.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2002/00-15703.opn.html">MICCOSUKEE TRIBE V. S. FLORIDA WATER MANAGEMENT DIST. (2/1/2002, NO. 00-15703)<BR></A><BR>
The suit alleges that the Water District was violating the Clean Water Act by discharging pollutants from the S 9 pump station into Water Management District 3A without a national pollution discharge elimination system (
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/April1995/95a1011p.txt">OPINION/ORDER</A><BR>
Who is presently confined at New Jersey State Prison at Trenton. Is serving a life sentence with a thirty five year mandatory minimum for armed robbery and weapon offenses. Bradley Boyd and Patricia LaFlore (collectively
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200015703.opn.pdf">OPINION/ORDER</A><BR>
The suit alleges that the Water District was violating the Clean Water Act by discharging pollutants from the S 9 pump station into Water Management District 3A without a national pollution discharge elimination system (
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200707/05-5139b.pdf">OPINION/ORDER</A><BR>
With him on the briefs were Stephen M. Renner was on the brief for amici curiae No FEAR Coalition. With him on the brief were Jeffrey A. Chief Judge: Marrita Murphy brought this suit to recover income taxes she paid on the compensatory damages for emotional distress and loss of reputation she was awarded in an administrative action she brought against her former employer. Her award should have been excluded from her gross income because it was compensation received
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2000/98-2718.ma3.html">DENNO V. SCH. BD. OF VOLUSIA COUNTY (7/20/2000, NO. 98-2718)<BR></A><BR>
QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS</CENTER> </SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1979B878EC64D5D6882572FF0081262A/$file/0417482.pdf?openelement">OPINION/ORDER</A><BR>
*** District Judge. *Clay Gregory is substituted for his predecessor. P. 43(c)(2). **Troy Burdick is substituted for his predecessor. Circuit Judge: This case is controlled by the proposition that an Indian tribe has the power to decide who is a member of the tribe. Facts Plaintiffs claim that they are descended from people who were named as members of the Mooretown Rancheria Indian tribe in either a 1915 census or a 1935 tribal voter list.
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<TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Sep2004/Sep20/03-51119-CV0.wpd.pdf">OPINION/ORDER</A><BR>
We hold that there is no legal or factual basis for the court's finding of vote dilution and that the plaintiffs are entitled to no relief under federal law. The major changes effected by the 2001 redistricting plan were the reduction of the number of precincts from five to four. Thereby leaving the total number of Justice of the Peace positions was unchanged. There are one majority black and two majority Hispanic districts. The population of now extinct Precinct Five was transferred into revised Precincts One and Two. The redistricting plan was pre cleared by the Department of Justice's Civil Rights Division. A. Voting Rights Act Claim What the plaintiffs precisely assert is that the DISCUSSION elimination of Precinct Five and its consolidation in the other redrawn districts has diluted the influence of Hispanic votes in Precinct Two. Constable It is surely no accident. That former whose position was eliminated in the Tejeda. Is the lead plaintiff. Section 2 of the Voting Rights Act proscribes vote dilution whereby a class of citizens has
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C30B5CDDEFBBFE5E882571BC0057109A/$file/0530186.pdf?openelement">OPINION/ORDER</A><BR>
2006 and available at 2006 WL 1679413 is AMENDED as follows. The Government conceded that Manzo Jurado was seized within the meaning of Terry v. The following sentences shall be inserted to replace the deleted sentence: Manzo Jurado was seized within the meaning of Terry v. Because Kaul's
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/08/053296P.pdf">OPINION/ORDER</A><BR>
Monty Camden were among nineteen defendants who were charged in a forty nine count indictment that arose from the alleged diversion of pseudoephedrine by businesses in and around Forsyth. The Castle was a retail operation that primarily sold drug paraphernalia items. It was the focus of the two year undercover investigation that concluded with these indictments. D & D Distributors was an entity Deputy formed for the purpose of obtaining a federal Drug Enforcement Administration license to distribute. D & D supplied the pseudoephedrine pills that were purchased and found at The Castle during the investigation. Inspect the location in which the products were to be handled and stored. Deputy did not volunteer that he was planning to sell such items along with pseudoephedrine. The DEA investigator provided Deputy with copies of notices that informed him that pseudoephedrine is used illicitly to manufacture methamphetamine and advised him how to identify people who might be buying the product for that purpose.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C2AB7D98365790F6882571920079D909/$file/0530186.pdf?openelement">OPINION/ORDER</A><BR>
Circuit Judge: We revisit the important issue of when information available to officers creates a reasonable suspicion that an individual is in the United States illegally so as to justify an investigatory stop. Unsuspicious behavior law enforcement lacked reasonable suspicion that Appellant and his co workers were in this country illegally. The Border Patrol dispatcher informed Bischoff that the group was not creating any problems and did not appear to be doing anything illegal. Was watching the game with his wife. They were unaccompanied by family members. While Kaul was observing the men. Manzo Jurado and Santos were joined by their four remaining co workers. Kaul asked the men where they were from and whether they had immigration documents. Whereas five members of the group stated that they were from El Salvador and had immigration documents. Manzo Jurado stated that he was from Mexico and did not have such documents. After Bischoff learned from Kaul that Manzo Jurado was illegal. Manzo Jurado was taken to the station for processing.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/05/051895P.pdf">OPINION/ORDER</A><BR>
South Dakota is a city of 1. The city is divided into three. Their election was uncontested. The complaint alleged that the city wards were configured in a manner that intentionally and effectively diluted the voting strength of Native Americans and kept Indianpreferred aldermen candidates from being elected. It shall develop a plan under which NativeAmericans will have a reasonable opportunity to elect an Indian preferred candidate. Protests were held to end a racially offensive homecoming tradition that depicted Native Americans in a demeaning. After the new wards were drawn and published as Ordinance 121. New districts were drawn to address the one person. Since there was not sufficient evidence to prove a vote dilution or
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/08F504BE0941A7A188256C8500598FD6/$file/0235171.pdf?openelement">OPINION/ORDER</A><BR>
We have jurisdiction pursuant to 28 U.S.C. § 1291. Are before us again in appeal of the district court's rejection after bench trial of their vote dilution challenge to Montana's districting scheme under section 2 of the Voting Rights Act.1 The plaintiffs live on the Flathead and Blackfeet Indian Reservations. Which are located in the four county area including Flathead. Defendants Bob Brown and Judy Martz are officials of the State of Montana. Montana is divided into House Districts and Senate Districts. Each Senate District is composed of two House Districts. There are 100 House Districts and 50 Senate Districts. One representative is elected from each district. State Senators serve four year This case is before us for review for the second time. On which Montana's current districting plan was based. Montana will automatically redistrict under its laws in 2003. In concluding that Native Americans were proportionally represented as a result of the 1992 plan. The 2002 elections (the last elections to be conducted under the 1992 plan) were fast approaching.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=01-4155_042.pdf">OPINION/ORDER</A><BR>
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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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/12/97-5047.htm">97-5047 -- U.S. V. BAILEY -- 12/09/1997<BR></A><BR>
The indictment should have been dismissed for lack of territorial jurisdiction and. The law upon which it was based. Is unconstitutional. These two and other inscrutable issues raised are without merit.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-5069.html">NATIONAL LEASED HOUSING V. U.S.<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199810/96-7089b.txt">OPINION/ORDER</A><BR>
Kestell was on the briefs. Hamilton were on the briefs. Was on the briefs. Thereafter was unable to perform his prior job as an orderly at Washington Hospital Center (
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199801/95-1614a.txt">OPINION/ORDER</A><BR>
Was on the briefs for petitioner. Was on the briefs. Were on the brief. The Federal Labor Relations Authority (
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0385n-06.pdf">OPINION/ORDER</A><BR>
The City defendants were granted summary judgment. We also find that the plan was narrowly tailored. We affirm the district court's finding that the claims are without sufficient support in the record. Only the evidence involving the CPD's hiring history will be reviewed. C72 1088 and C77 346 were consolidated. 1 2 examination discriminated against minorities. The district court also found that the examinations were not validated for job performance. The district court's conclusion was buttressed by the historical workforce disparities between minorities and non minorities. The 18% rate was equal to the percentage of examination passers who were minorities. The district court directed the defendants to create an examination that was job related. Approximately 39.5% were minorities. It would take another look at whether the City was engaging in racial discrimination. The parties stipulated that the CPD would utilize
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5F66F6DD4E987DF788257168005933B3/$file/0550136.pdf?openelement">OPINION/ORDER</A><BR>
Circuit Judge: Today we decide a district court need not and may not take into account Hispanics who are ineligible for jury service to determine whether Hispanics are underrepresented on grand jury venires. A defendant must prove in part
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/57B72CCC0B4522B588256E440001C9C1/$file/0135032o.pdf?openelement">OPINION/ORDER</A><BR>
The full court was advised of the petition for rehearing en banc. The petition for rehearing en banc is denied. Dissenting from denial of rehearing en banc: This is a dark day for the Voting Rights Act. The court should have taken this case en banc and brought order back into our caselaw. Plaintiffs' case is based entirely on statistical disparities: They claim that disparities in the felony conviction rates of certain minority groups in relation to their presence in the general population lead to a disparity in the rate of disenfranchisement under Washington's felon disenfranchisement law. They argue that these disparities alone prove that under the
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A5CB14182027A465882571FB00555995/$file/0474268.pdf?openelement">OPINION/ORDER</A><BR>
Gonzales is substituted for his predecessor. Pleaded guilty in 1996 to sexual abuse of a minor.1 He was sentenced to 75 months in prison and 120 months of
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<TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Sep2004/Sep28/03-30866-CV0.wpd.pdf">OPINION/ORDER</A><BR>
Fulbruge III Clerk plaintiffs failed to prove that the African American population of the parish was sufficiently geographically compact to support an additional black majority district and. Found that the plaintiffs had failed to prove that African Americans in Union Parish have less opportunity than other members of the electorate to participate in the political process and elect representatives of their choice. The plaintiffs filed a The motion was motion for the district judge to recuse himself. filed under 28 U.S.C. § 455(a). Alleging that the wife of the federal judge was employed as a state assistant district attorney in the office that was representing the defendants. I Union Parish is a political subdivision of Louisiana. Which is governed by a nine member Police Jury. Each member is elected from one of nine. 803 persons 69.8% of whom are white and 27.9% of whom are black. There are 16. 952 persons of voting age 73.2% are white and 24.8% are black. The 2000 Census showed a 10.2% increase The increase was in the total population of Union Parish.1 1 This increase apparently was not equally observed across racial lines.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982407.P.pdf">OPINION/ORDER</A><BR>
EPA argues that the district court incorrectly held that the Report was reviewable final agency action under the Administrative Procedure Act (APA). That error was nonetheless harmless and not grounds for vacating EPA's Report. Because the Report is not reviewable agency action under the APA. We vacate the judgment of the district court and remand for dismissal.3 Such smoke is also known as secondhand. The Radon Act was based on Congress's finding that
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/03/033946P.pdf">OPINION/ORDER</A><BR>
Sdoulam was charged with conspiracy to distribute pseudoephedrine. (3) denying Sdoulam's motions for acquittal or a new trial on the ground that there is a variance between the conspiracy charged in the indictment and the evidence presented at trial. Sdoulam argues that his Sixth Amendment rights were violated because the sentence was premised on facts found by the District Court. I. Sdoulam is a lawful resident alien from Israel who has lived in the United States since 1996. He is proficient in spoken English.2 In 1997. He has passed the spoken English portion of the citizenship test administered by the United States Immigration and Naturalization Service and was heard speaking English on audio tapes played at trial. 22 1 The Federal Bureau of Investigation (FBI) began investigating the Quick Stop stores after the FBI received a tip from a former employee of the Kansas store that large quantities of pseudoephedrine products were being sold out of the store. Sdoulam and Mousallet whichever was on duty would pay for the products with cash from their pockets.
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0437p-06.pdf">OPINION/ORDER</A><BR>
The general question presented by the relatively bizarre factual background of this case is whether or not a core function of municipal government the provision of firefighting services impacts interstate commerce such that an individual can be indicted under a federal anti arson statute for destroying a fire station. Is whether the Henning. Tennessee Fire Station was used in an activity affecting interstate commerce such that the person charged with setting it ablaze can be indicted under 18 U.S.C. § 844(i). We hold that this particular fire station was used in an activity affecting interstate commerce and accordingly REVERSE the judgment of the district court dismissing the indictment and REMAND for further proceedings consistent with this opinion. I. BACKGROUND FACTS AND PROCEDURE Prometheus may have thought twice before handing down the gift of fire to humans had he imagined that those whom the mere mortals chose to steward the precious flame would use it to decimate the very mechanisms employed to control 1 No. 02 5185 United States v.
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0381p-06.pdf">OPINION/ORDER</A><BR>
The principal issue on appeal is whether trial counsel were ineffective for failing to present mitigating evidence at sentencing. Facts The following facts are taken from the Ohio Supreme Court's opinion on direct appeal. The apartment was otherwise exceptionally neat and clean. A stack stereo with two speakers were missing from Bradford's apartment. She was five feet. A portion of her lungs was missing. Were wound eight. Wound ten punctured the liver and was no more than four inches in depth. Showed no signs of hemorrhage and thus were inflicted after death or when the heart was not pumping sufficient blood. Six were superficial. All the wounds could have been inflicted by the same. Which was about four blocks from Bradford's house. Smith was not at home. Telling him he would
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/07/983123P.pdf">OPINION/ORDER</A><BR>
I. BACKGROUND Poplar Bluff is a city of 17. It is located in Butler County. It is the largest city in several counties and has numerous major employers and manufacturing operations. 000 are forty and sixty miles away from Poplar Bluff. The population in the area surrounding Poplar Bluff is concentrated in Scott and Stoddard Counties. Poplar Bluff is within a few hours' drive of several large metropolitan centers including St. Lucy Lee is a general acute care hospital that provides primary and secondary care services.2 Lucy Lee has 201 licensed beds. 185 of which are staffed. Its average daily census was 75 in 1994. Doctors' Regional Medical Center in Poplar Bluff is presently owned by a group of physicians. It is also a general acute care hospital providing primary and secondary care services. Of which 187 are staffed. Its average census in 1994 was 106. In 1995 was 99. In 1996 was 95 and in 1997 was 77. Both hospitals are underutilized and have had problems attracting specialists to the area. Secondary care is somewhat more complex.
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0334p-06.pdf">OPINION/ORDER</A><BR>
This is a
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2002/00-15703.opn.html">MICCOSUKEE TRIBE V. S. FLORIDA WATER MANAGEMENT DIST. (2/1/2002, NO. 00-15703)<BR></A><BR>
The suit alleges that the Water District was violating the Clean Water Act by discharging pollutants from the S 9 pump station into Water Management District 3A without a national pollution discharge elimination system (
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/53F6AE4196764B6F88256D4B0080D25F/$file/0156673.pdf?openelement">OPINION/ORDER</A><BR>
They argue that the district court erred in ruling that they are not entitled to qualified immunity. The officers contend that they are entitled to a new trial on the unlawful detention claim because the district court abused its discretion (1) in denying the officers' proposed instruction on unlawful detention. We have jurisdiction to hear this appeal under 28 U.S.C. § 1291. Brill and Muehler were directly responsible for supervising the search. Was residing in the house. Iris Mena was a resident in the house. Which was owned by her father. The police officers forcibly entered the residence and observed that some of the rooms were locked. Including the bedroom in which Mena was sleeping. Although she was absolutely compliant. The officers did not explain to her the reason she was being detained. Upon learning from Mena that her citizenship documentation was in her purse. She contended that (1) the search warrant and search were overbroad. The defendants moved for summary judgment on the ground that Mena's constitutional rights were not violated.
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<TD CLASS="swtitle"><A HREF="http://www.ca5.uscourts.gov/opinions%5Cpub%5C03/03-30866-CV0.wpd.pdf">OPINION/ORDER</A><BR>
Fulbruge III Clerk plaintiffs failed to prove that the African American population of the parish was sufficiently geographically compact to support an additional black majority district and. Found that the plaintiffs had failed to prove that African Americans in Union Parish have less opportunity than other members of the electorate to participate in the political process and elect representatives of their choice. The plaintiffs filed a The motion was motion for the district judge to recuse himself. filed under 28 U.S.C. § 455(a). Alleging that the wife of the federal judge was employed as a state assistant district attorney in the office that was representing the defendants. I Union Parish is a political subdivision of Louisiana. Which is governed by a nine member Police Jury. Each member is elected from one of nine. 803 persons 69.8% of whom are white and 27.9% of whom are black. There are 16. 952 persons of voting age 73.2% are white and 24.8% are black. The 2000 Census showed a 10.2% increase The increase was in the total population of Union Parish.1 1 This increase apparently was not equally observed across racial lines.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec95/98-2718.op2.html">LINDA DENNO V. SCH. BD. OF VOLUSIA COUNTY (7/20/2000, NO. 98-2718)<BR></A><BR>
Was vacated and withdrawn and panel rehearing was ordered. <SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/063147np.pdf">OPINION/ORDER</A><BR>
George Sepulveda was convicted of various RICO related offenses. Sepulveda was sentenced to life imprisonment. After his conviction and sentence were affirmed in 1999. This motion was denied. As were a subsequent § 2241 petition for writ of habeas corpus and a coram nobis petition. Who is currently incarcerated at the United States Penitentiary in Lewisburg. Sepulveda argues that § 2255 would be an inadequate or ineffective remedy because his claim is not based on newly discovered evidence or a new rule of constitutional law. He alleges that he was unable to raise a claim that his jury was not selected from a representative cross section of the community (and that the district court erred by not conducting a hearing on this issue) in his prior § 2255 motion because the census statistics necessary to support such a claim were not available until after his initial § 2255 motion was due. He further contends that his trial counsel was ineffective because he failed to request fees for expert investigation work and census statistics under 18 U.S.C. § 3006A.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2000/98-2718.ma3.html">DENNO V. SCH. BD. OF VOLUSIA COUNTY (7/20/2000, NO. 98-2718)<BR></A><BR>
QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS</CENTER> </SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062766np.pdf">OPINION/ORDER</A><BR>
Was sentenced in October 1997 to life imprisonment 1 plus a concurrent term of ten years after a jury sitting in the United States District Court for the District of Rhode Island convicted him of carjacking in violation of 18 U.S.C. § 2119(3). Lara's conviction and sentence were affirmed on direct appeal. His attempt to vacate his sentence under 28 U.S.C. § 2255 was rejected by the Rhode Island District Court in December 2001. Lara was likewise unsuccessful in the District Court of Rhode Island with his attempts at relief filed pursuant to 18 U.S.C. § 3582(c)(2) and Fed. Was denied by the District Court on January 20. That his request was denied because he failed to make the prima facie showing required for the filing of such a motion. Who is currently incarcerated at the United States Penitentiary in Lewisburg. It is the District Court's dismissal of that petition that is the subject of this appeal. Lara argues that § 2255 is an inadequate or ineffective remedy for him at this point because his primary claim is not based on newly discovered evidence or a new rule of constitutional law.
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062658np.pdf">OPINION/ORDER</A><BR>
Terrance Boyd was convicted of a violent crime (murder) in aid of racketeering activity. Boyd was sentenced to life imprisonment. After Boyd's conviction and sentence were affirmed in 1999. This motion was denied. As were a subsequent motion under Federal Rule of Civil Procedure 60(b). Who is currently incarcerated at the United States Penitentiary in Lewisburg. Are the subject of this appeal. Boyd argues that § 2255 would be an inadequate or ineffective remedy for him because his claim is not based on newly discovered evidence or a new rule of constitutional law. He alleges that he was unable to raise a claim that his jury was not selected from a representative cross section of the community (and that the district court erred by not conducting a hearing on this issue) in his prior § 2255 motion because the census statistics necessary to support such a claim were not available until after his initial § 2255 motion was due. He further contends that his trial counsel was ineffective because he failed to request fees for expert investigation work and census statistics under 18 U.S.C. § 3006A.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1193.01A">OPINION/ORDER</A><BR>
Is amended as follows: Page 11. Jury Wheel are the best . . . Were on brief for appellee. Circuit Judge. was convicted on three cocaine related charges and sentenced to concurrent mandatory minimum ten year prison terms. We therefore inquire whether a rational jury could have found. Either that he was predisposed to commit the particular crime charged or that the government did not induce him to commit it. There was ample evidence that Pion was not induced to commit any crime. The only inducement to which he points on appeal is that the government informant. Not only was this fanciful claim not preserved below. See id. 841(a)(1) & (b)(1)(A)(ii). 2 is squarely contradicted by his testimony at trial. The record reveals ample support for a jury finding that Pion was no
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/01/022898P.pdf">OPINION/ORDER</A><BR>
Pelayo Jose Cuervo were convicted of numerous narcotics and firearms offenses. The firearms convictions that were unrelated to the conspiracy. Five kilograms or more of cocaine.3 The defendants were also charged with using firearms in furtherance of the conspiracy. The defendants were convicted of many of the charged counts.7 Norman was convicted of maintaining a continuing criminal enterprise and conspiracy to distribute five hundred or more grams of methamphetamine. He was also convicted of nine substantive counts of distributing methamphetamine. Cuervo was convicted of conspiracy to distribute five hundred or more grams of methamphetamine. Schoenauer was convicted of conspiracy to distribute between fifty and five hundred grams of methamphetamine and between one hundred grams and one thousand kilograms of marijuana. Schoenauer was then tried separately and found guilty of three counts of unlawful possession of a firearm. 3 4 5 6 7 21 U.S.C. §§ 846 and 841(a)(1). 18 U.S.C. § 924(c)(1)(A). 21 U.S.C. § 841(a)(1). 18 U.S.C. § 922(g)(9).
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept2000/99-12251.man.html">DILLARD V. BALDWIN COUNTY COMMISSIONERS (9/8/2000, NO. 99-12251)<BR></A><BR>
The Baldwin County Commission was composed of four persons elected at large. The case was one among many Dillard suits in the district courts which challenged the at large election systems used by dozens of cities. The court noted that only 15.34% of the County's population was black and the number was expected to decrease after the 1990 census. </SPAN><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/98-1379.htm">98-1379 -- COLORADO ENVIRONMENTAL COALITION V. DOMBECK -- 08/09/1999<BR></A><BR>
The Forest Service was not required to prepare a supplemental environmental impact statement. The Forest Service exercised jurisdiction over this matter because the existing ski area and the Category III area are within the White River National Forest. The Forest Service concluded the expansion : (1) is consistent with the applicable Forest Plan. (2) will significantly improve the recreational experience for visitors to the Vail Ski Area and the White River National Forest by providing more reliable and dependable skiing conditions. (3) will build skier visitation during non peak periods. Will not threaten the viability of lynx. Will have minor socioeconomic effects. Will have an acceptable level of impact on other resources. <p> By way of history we point out that Vail submitted a general expansion proposal in 1986. Subject to subsequent site specific environmental analysis.<a href=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept2000/99-12251.man.html">DILLARD V. BALDWIN COUNTY COMMISSIONERS (9/8/2000, NO. 99-12251)<BR></A><BR>
The Baldwin County Commission was composed of four persons elected at large. The case was one among many Dillard suits in the district courts which challenged the at large election systems used by dozens of cities. The court noted that only 15.34% of the County's population was black and the number was expected to decrease after the 1990 census. </SPAN><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-5101.wpd">OPINION/ORDER</A><BR>
The case is therefore ordered submitted without oral argument. <hr> O'BRIEN. The present dispute is a diversity action involving Zurich American Insurance Co.'s (Zurich) payment of medical expenses incurred by Enrique Ortiz. Claiming Ortiz was not a qualified employee for whom Zurich should pay medical expenses. 2005. <hr> Matrix is a maintenance and construction company based in Tulsa. 000.(3) The Policy provides coverage to eligible employees who are defined as individuals who are
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2000/99-6206.opn.html">DILLARD V. CITY OF GREENSBORO (6/6/2000, NO. 99-6206)<BR></A><BR>
Who are a majority of the City's voting age population.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4CA116D62086980088256A34005C085E/$file/0050408.pdf?openelement">OPINION/ORDER</A><BR>
Was observing traffic on Highway 86 from the median. His vehicle was facing the northbound lanes. So that
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/04/02-6112o.htm">02-6112O -- U.S. V. ORANGE -- 04/17/2003<BR></A><BR>
Defendant has narrowed the five grounds of his original petition to one issue: that the attorney who represented him at trial and on appeal was constitutionally ineffective for failing to challenge the Western District of Oklahoma's jury selection system. We believe that the failure of Defendant's counsel to challenge the Western District of Oklahoma's jury selection methods may have constituted ineffective assistance of counsel. Declares that
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/EC405338479CC10588256B9800836707/$file/0050408.pdf?openelement">OPINION/ORDER</A><BR>
Is withdrawn and replaced by the amended opinion filed concurrently with this order. The petition for panel rehearing is denied. Was observing traffic on Highway 86 from the median. His vehicle was facing the northbound lanes. So that
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/05/042035P.pdf">OPINION/ORDER</A><BR>
I. BACKGROUND Nebraska Plastics is a producer of polyvinyl chloride (PVC) products. Nebraska Plastics' customers and dealers began to complain that the colored fencing was weathering abnormally. Nebraska Plastics was obligated by its product warranty. Calcium carbonate is a common ingredient in white PVC products. It was known in the industry that calcium carbonate is an unsuitable ingredient for outdoor colored PVC products. HCA chose not to inform Nebraska Plastics that calcium carbonate was causing the abnormal weathering. HCA was fully aware that. The abnormal weathering would continue as long as calcium carbonate was included in Nebraska Plastics' PVC formula. Nebraska Plastics sought information from other consultants and learned that calcium carbonate was causing the problem. HCA initially was evasive. Visiting HCA technical personnel finally
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/08/033267P.pdf">OPINION/ORDER</A><BR>
Heartwood argues that approval was inappropriate because the USFS violated the National Environmental Policy Act (NEPA). Is not required if the agency first prepares an environmental assessment (EA) providing
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/06/032784P.pdf">OPINION/ORDER</A><BR>
The district court concluded that Destiny was entitled to child's insurance benefits but rejected the claim that the Social Security Act unconstitutionally discriminates on the basis of gender. Under the Social Security Act each dependent child of a deceased person is entitled to monthly payments equal to three fourths of the deceased's primary social security insurance benefit. 42 U.S.C. § 402(d)(2). A child is deemed dependent on a natural or adoptive parent with whom she lives or from whom she received half of her support during the last twelve months of the parent's life. 42 U.S.C. § 402(d)(3). A child is deemed dependent on a stepparent only if she was receiving at least one half support from the deceased stepparent during the last twelve months of her life. 42 U.S.C. § 402(d)(4). Each brought a daughter into the marriage: Destiny Reutter who was born in 1990 and Jae Carlson who was born in 1996. Carlson was an agronomist who had worked full time in 1997 when she earned $18. Reutter requested a hearing before an ALJ where he argued that Destiny had been dependent on Carlson for more than one half of her support and was therefore a dependent child within the meaning of 42 U.S.C. § 402(d)(4).
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/12/031062P.pdf">OPINION/ORDER</A><BR>
Louis County Council is the governing body of St. A Commission was appointed on June 28. The lines were drawn by a federal judge. The theory of the case was that the districts. As they were then drawn. As demographic changes had caused the seven districts to have unequal populations. Was a foregone conclusion. The real issue at stake was the remedy. Which was a controverted issue among the plaintiffs and intervenors. The battle over the remedy was a battle of maps. The Court also explained that awarding fees was just. As we have said previously. The District Court's award of attorney fees is reviewed for abuse of discretion. Its ruling on issues of law is reviewed de novo. We are tempered in our review by the recognition that
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb99/97-2540.man.html">SOLOMON V. LIBERTY COUNTY COMM'RS (2/3/1999, NO. 97-2540)<BR></A><BR>
Reaffirmed the prior panel's opinion that further findings of fact were warranted. <EM>See Solomon II. BACKGROUND</CENTER> </P> <P> Liberty County is located in northwest Florida. It is especially rural. 982 or 17.63 percent are black.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb99/98-8623.opn.html">CLARK V. PUTNAM COUNTY (2/26/1999, NO. 98-8623)<BR></A><BR>
The district court found that the County had a history of racial segregation and that
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/03/993064P.pdf">OPINION/ORDER</A><BR>
The district court denied the motion for class certification on the grounds that (1) the proposed class definition of
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/09/994183P.pdf">OPINION/ORDER</A><BR>
The Administration is entitled to recover the money unless the recipient of the check was without fault and recovery would subvert the purpose of social security or be against equity and good conscience. Thought the check was a back payment for medical expenses because he canceled his Medicare. He did not have the resources to immediately repay the money already spent. Asserting he was without fault and that recovery would subvert the purpose of social security or be against equity and good conscience.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/08/992282P.pdf">OPINION/ORDER</A><BR>
This is an action under 42 U.S.C. § 1983 arising out of the election difficulties of black citizens in Crittenden County. The plaintiffs' substantive claims are based on 42 U.S.C. § 1971(a)(1). We have a definite and firm conviction that the Court's findings were mistaken. Is a small city in Crittenden County. Crawfordsville is .41 square miles in size and is bisected by a railroad track that runs east to west through the City. There are only twelve streets in Crawfordsville. Residents south of the tracks are all black. Residents north of the railroad tracks are primarily white. Four black citizens were elected to four of the five Crawfordsville City Council positions. Were held by white people. Is Asian. Howe is a defendant in this case. The white candidates were disqualified by court order. The candidate defeated in the 1992 election for City Recorder was Mary Freeman. William Howe was again elected Mayor. During the time that all Council members were black. A defendant in one of the cases was Mary Freeman.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-7113.wpd">OPINION/ORDER</A><BR>
The case is therefore ordered submitted without oral argument. Norris appeals the district court's affirmance of the Commissioner's decision denying her Supplemental Security Income benefits (1) This order and judgment is not binding precedent. We have jurisdiction over this appeal pursuant to 42 U.S.C. 405(g) and 28 U.S.C. 1291. This appeal is taken from the denial of Norris's second application for SSI. This court reviews
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/cgi-bin/new/release.pl?B1=Search+Month&month=08&date=01&year=03">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/04/04-1379T.PDF">OPINION/ORDER</A><BR>
In view of the pressures of time discussed later in the opinion. * This opinion is being released in typescript. A printed version will follow. Are sought for use in the forthcoming trial in the Southern District of New York of a suit challenging the constitutionality of the Partial Birth Abortion Ban Act of 2003. Hammond is one of the plaintiffs in that suit and will also be testifying as an expert witness. The district court held that the production of the records is barred by regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Or implementation specifications that are more stringent than the requirements. A standard is
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/04/04-1379.PDF">OPINION/ORDER</A><BR>
Are sought for use in the forthcoming trial in the Southern District of New York of a suit challenging the constitutionality of the Partial Birth Abortion Ban Act of 2003. Hammond is one of the plaintiffs in that suit and will also be testifying as an expert witness. The district court held that the production of the records is barred by regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Or implementation specifications that are more stringent than the requirements. A standard is
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan96/94-7089.man.html">DILLARD V. CITY OF GREENSBORO<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Dillard v. Because the district court did not have the benefit of <i>Miller</i> when it adopted the challenged redistricting plan.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-4186.PDF">OPINION/ORDER</A><BR>
His was sold2 as delinquent to Capital One. Sent Neff a letter stating that his balance was $1. Neff assumed that his Citibank debt was satisfied. Which would have alerted him to the fact that someone thought his account remained open and that it was accumulating interest at a staggering rate. Robb claims that the account was settled and that he heard nothing until 2002. The government estimates that in 2000 there was $683 billion of outstanding credit card debt. 2003. 2 Nos. 02 4186 & 02 4189 3 received monthly statements or correspondence of any sort that would have put him on notice that he had outstanding debt which was accumulating interest at a high rate. The accounts were settled long ago. We can only assume that the claims against them have dried up. It is Neff and Robb who take the offensive. Both Neff and Robb were surprised when they received letters from CAMCO telling them they owed money on credit card charges going back almost 10 years. Not only did they (if their story is accurate) assume that they owed no money on the accounts.
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This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name=
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2287.PDF">OPINION/ORDER</A><BR>
This opinion was originally issued as an unpublished order on May 1. McKinnie was examined by Dr. McKinnie was found disabled as of August 31. Who was limited to sedentary work requiring little concentration. Nor did she have any reference materials with her. The ALJ found that McKinnie was not disabled prior to August 31. The ALJ further found that he did have the RFC to perform sedentary work requiring no more than occasional standing. Claiming that the ALJ's decision was not supported by substantial evidence. We will affirm the findings of an ALJ as long as they are supported by substantial evidence. Substantial evidence is evidence sufficient to convince a reasonable person that the ALJ's findings are adequate. Martino also determined that McKinnie's right leg was only 35 percent impaired. Oni noted that McKinnie was able to move his knee through the full range of active and passive motion. We have recognized that the standards by which an expert's reliability is measured may be less stringent at an administrative hearing than under the Federal Rules of Evidence.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-4155.PDF">OPINION/ORDER</A><BR>
The Supreme Court held that high school administrators have broad powers to censor school sponsored newspapers if their actions are supported by valid educational purposes. We are asked to consider whether the principles of Hazelwood apply to public college and university students. Baron1 are (or. Were) students at Governors State University. They were appointed by the school's
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3316.PDF">OPINION/ORDER</A><BR>
The Forest Service prepared an environmental assessment and found that the project would have no significant environmental impact 2 No. 01 3316 and therefore would not require a more extensive environmental impact statement. The district court held that because the Forest Service had not acted arbitrarily or capriciously in concluding that an environmental impact statement was not required. Artificial openings which are maintained by periodic treatments. The purpose of the forest openings maintenance project was to provide early successional habitat for a variety of wildlife species. The FONSI was accompanied by a Final EA. Which included a response to comments section. 2 The number of openings was reduced based on the public response and efficiency and access concerns. 4 3 No. 01 3316 Several groups of concerned citizens. The plaintiffs then filed suit in federal court alleging that the Forest Service's decision to implement the forest openings 4 project was unlawful on two grounds. The plaintiffs contended that pursuant to the National Environmental Policy Act (NEPA) the Forest Service was required to prepare a full environmental impact statement (EIS) for 3 Fourteen different citizen groups participated in the administrative appeal process but only five plaintiff organizations participated in the subsequent suit in district court and this appeal.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-1939.PDF">OPINION/ORDER</A><BR>
Because it is well regarded among educators. Neither form requests information about the race of the prospective teacher. 2 Naperville is located in DuPage County. No. 01 1939 3 Once these materials are returned. An individual will not be considered for employment if he fails to return his Data Sheet. The principal conducts interviews of those individuals that he believes are most qualified for the position. He ultimately determines which applicant is best suited for the position. All of whom were white. The third person was unable to remember the encounter. The bulk of which was at the fifth grade level. Bennett asserted that she was more than qualified for the positions for which she had applied but had not received interviews. Because her disparate treatment claims were without merit. The Board submitted that the § 1983 claims were infirm because Ms. She contended that she was qualified for these positions. Bennett's cross motion was limited in nature. Summary judgment is appropriate
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3624_017.pdf">OPINION/ORDER</A><BR>
What is the meaning of life? What is the equivalent of a term of life imprisonment for sentencing purposes? We are presented with that very question as we review the district court's calculation of Nolan Nelson's sentence. We also note that the district court's methodology resulted in a lower sentence than Nelson would have received if the court had used his life expectancy to calculate his reduced sentence. After the application of various adjustments that are not at issue on appeal. Subjected him to 1 The 2004 edition of the Guidelines Manual was used to calculate Nelson's advisory range. Because Nelson's mandatory life sentence is greater than the maximum of his applicable guideline range. The district court was asked to
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3578_016.pdf">OPINION/ORDER</A><BR>
Which is responsible for the fees. The CHA urges us to find that even if plaintiffs are entitled to some fees. We conclude that even if the link between these proceedings and earlier parts of the case is broken. All that is necessary is a summary of the history of the case. Claiming that its policies with respect to the selection of sites for public housing and for assignment of tenants were racially discriminatory. The district court entered a remedial decree that was designed to ban racially discriminatory site selection and tenant assignment policies and to undo the harm that had already occurred. Central to the remedial decree was the requirement that for every unit built in an area where the population was more than 30% non white (
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1130_013.pdf">OPINION/ORDER</A><BR>
The question presented by this appeal is whether a taxpayer can ever have standing under Article III of the Constitution to litigate an alleged violation of the First Amendment's establishment clause unless Congress has earmarked money for the program or activity that is challenged. Would have been correct in his thinking under an earlier view of Article III's limitation of the federal judicial power to deciding
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july95/94-2516.opa.html">LOHR V. MEDTRONIC, INC.<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lohr v. We hold that Appellants' negligent manufacture and failure to warn claims are preempted and affirm their dismissal. We also hold that Appellants' negligent design and strict liability claims are not preempted and therefore reverse their dismissal.<p> I. BACKGROUND<p> <p> Because an understanding of the MDA's regulatory scheme is necessary to resolve the question of preemption. We begin with a brief outline of the Act.<p> A. <i>The Regulatory Scheme</i><p> <p> The market for medical devices was largely unregulated at the national level until the MDA's passage in 1976. The text of the MDA reveals two competing congressional purposes relevant to this case:<a href=
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-2226_020.pdf">OPINION/ORDER</A><BR>
While she was in proceedings to be removed from the United States. She sought to reopen proceedings based on an expert's affidavit suggesting that returning Chinese citizens with U.S.born children were not exempt from China's one child. We have substituted Alberto Gonzales. For his predecessor in office. 2 No. 04 2226 nation why the affidavit could not have been offered earlier. Their son was born under circumstances that apparently violated family planning rules. A family with a daughter was permitted to have a second child once the daughter reached the age of four. Family planning officials planned to have her sterilized. She was promptly detained and placed in removal proceedings. The Board denied the motion to reopen because Lin's additional evidence was not new or otherwise unavailable at the time of the removal hearing.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july96/95-8809.opa.html">SHEALY V. CITY OF ALBANY<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Shealy v. Background<p> <p> This class action was instituted on August 31. (d) by rate of pay is at least equal to the proportion of blacks to whites in the working age population as shown by the most recent Albany. The five non selected applicants are white. The white applicants filed a
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0386n-06.pdf">OPINION/ORDER</A><BR>
I. Heartland is a skilled nursing facility located in Dearborn Heights. She applied for the position of nurse supervisor and stated on her employment application that her salary expectation was negotiable. Her base pay rate at the time was $27.25 per hour. She was also paid an additional $2.00 per hour shift differential. Morse was hired at a base pay rate of $29.50 per hour. Heard did not have management experience at a skilled nursing facility prior to her employment at Heartland. She was hired at a base pay rate of $27.50 per hour. Both employees were suspended from work without pay. Heartland was in a period of transition to a more
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05b0006p-06.pdf">OPINION/ORDER</A><BR>
The decision of the bankruptcy court is AFFIRMED. ISSUES ON APPEAL Whether the bankruptcy court's determination that excepting the Debtor's student loans from discharge will impose an undue hardship on the Debtor. Was clearly erroneous. 2. An order is final if it
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0247p-06.pdf">OPINION/ORDER</A><BR>
WILL. There were originally twenty two plaintiffs and twelve separate incidents at issue. Holding that this conduct raised an issue of fact as to whether the stop was based on race. Also whether the pat down search conducted by Officer Childs was reasonable under the circumstances. Is a suburb adjacent to Detroit. The 2000 census figures indicate that Eastpointe is 92.1 percent white and 4.7 percent African American. Detroit was found to be 12.3 percent white and 81.6 percent African American. Made famous by the popular movie 8 Mile divides the two cities and is commonly known as a racial dividing line. The plaintiffs claim that they were subjected to racial discrimination when they crossed Eight Mile Road into Eastpointe. Against the backdrop of each individual Fourteenth Amendment claim is reference to the
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0117p-06.pdf">OPINION/ORDER</A><BR>
This is a race discrimination case under Title VII. The decision of the magistrate judge is AFFIRMED IN PART. The DFAS CO The DFAS CO is an independent agency within the Department of Defense. Its chief function is paying the Department's contractor and vendor bills. Estimated that about three thousand employees were hired at the office between 1991 and 1995. This information is provided to human resources by the employee's supervisor. The agency's equal employment opportunity office reviews the certificates to determine whether any of the finalists are members of underrepresented groups. (Underrepresentation is determined by looking at the number of members of that group in the position's grade level.). The ranking is based on qualifications detailed in the recruiting plan. If such candidates are included in the finalist pool. The process is complex and allows for a fair amount of subjective decision making by a particular manager. A short article appeared addressing concerns employees had voiced regarding why so few African American employees were being hired to regular GS levels.
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0327p-06.pdf">OPINION/ORDER</A><BR>
Clause 4 of the United States Constitution is mandatory. The difficulty presented by redistricting that was to take effect for the regularly scheduled election in 2002. The 107th Congress was scheduled to adjourn on October 3. Tim Ryan was elected to the House by the
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0359p-06.pdf">OPINION/ORDER</A><BR>
Sitting by designation. * The dismissed complaint was styled
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/02a0170p-06.pdf">OPINION/ORDER</A><BR>
Bollinger Page 3 appeal the district court's determination that the Law School's consideration of race and ethnicity in its admissions decisions violates the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.1 The Law School contends that its interest in achieving a diverse student body is compelling under Regents of the University of California v. That its admissions policy is narrowly tailored to serve that interest. The Law School is joined by the Intervenors: forty one individuals and three student groups. The policy states that the Law School's
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053295np.pdf">OPINION/ORDER</A><BR>
We will deny the petition and affirm the BIA's order. She had been forced by Chinese authorities to have an abortion in 1999. The IJ stated Qiu's entire application hinged on whether Qiu could credibly show she was subjected to a forced abortion in China in 1999. The IJ found Qiu's contention lacked credibility because her account was inconsistent with the Profile and not supported by sufficient evidence. Because she found Qiu not forthcoming about who had paid to have her smuggled into the United States. Stating there 2 was no evidence either that Qiu would be forbidden from having a second child if deported to China. Or that Qiu and her husband even wanted to have more children. Any such contention would have been unsupported because Qiu only had one child. The BIA found Qiu had failed to make a prima facie showing of eligibility for asylum because her motion was not accompanied by evidence to support her fear of persecution in China as a result of the birth of children in the United States. The BIA found the Profile did not
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051723p.pdf">OPINION/ORDER</A><BR>
Brown argues that he was 2 improperly stopped and searched. Thus the incriminating evidence uncovered by that search was not properly admitted at his trial. Factual Background Our facts are taken from the suppression hearing held by the District Court. Jelena Radenkovic and Lucia Zapatero were walking in the 2100 block of Locust Street in Philadelphia. They were approached by two black male teenagers who attempted to grab Radenkovic's purse. Who was waiting to meet her at a nearby restaurant. Radenkovic told Firth about the attempted robbery Because we reverse on the ground that the stop of Brown was not supported by reasonable suspicion. Who was not identified in the record. While the officer was speaking over the radio and describing one of the suspects as 15 years old and the other as three or four years older. Lucia Zapatero commented that she thought the suspects were older. Who At all other places in the record the suspects are described as running southbound on 22nd Street. This discrepancy in the printout of the radio call is not material for our opinion. 4 2 was sitting in the police car at this point.
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044646p.pdf">OPINION/ORDER</A><BR>
I. The plaintiffs are a local labor organization. Who were involved in a get out the vote campaign preceding the 2004 presidential election. Is one of a number of municipalities in Allegheny County that regulate door to door canvassing and solicitation. Individuals must present photo identification and the following information in writing: 316.1 The name and the home address of the individual or individuals who will be canvassing in the Municipality. 316.2 The dates and hours during which the individual(s) will canvass in the Municipality. 316.3 The locations in which the individual(s) will canvass in the Municipality. There is a $50 fee for each solicitation permit. Which is waived for those persons soliciting only one time within any calendar year. The police chief must issue the permit if the information is complete and the requisite fees are paid.
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043859p.pdf">OPINION/ORDER</A><BR>
This class action appeal is unique in that both parties have the same objective: the timely discharge of long term 2 mental health patients 1 from the Norristown State Hospital (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-4010.wpd">OPINION/ORDER</A><BR>
Plaintiffs have a substantial likelihood of showing that two provisions of the ordinance requiring solicitors to provide their fingerprints and post a $1. Inc. is a distributor of Kirby vacuum cleaners. Seven of those who were arrested (
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041441np.pdf">OPINION/ORDER</A><BR>
Relief under Article III of the United Nations Convention Against Torture (
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033746np.pdf">OPINION/ORDER</A><BR>
They cannot be repatriated without giving due consideration to the effect it would have on their families. They have failed to exhaust their administrative remedies. This Court is without jurisdiction to consider either argument. 2 Reopen and Remand Based on Lozada and accordingly. A minimum of facts will be recited. Relief under Article III of the Convention Against Torture on the ground that Chen was persecuted on account of her political opinion.2 The basis of Chen's claim was that she was sexually molested by a customer of her employer with the complicity of the chairman of the factory where she worked in China. She was terminated from her job and threatened that she should not voice further complaints. As
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032868p.pdf">OPINION/ORDER</A><BR>
The dispute is an outgrowth of aggressive and expansionist banking f l o wi n g f rom the C ongressional liberalization in recent years of national banking laws. Citizens National Bank of Evans City (CNBEC) is a community bank founded in 1878 in Evans City. (CFG) is a subsidiary holding company of the Royal Bank of Scotland. CNBEC claimed that nine of these former Mellon Bank branches were located near CNBEC branches. In addition some of the branches in Butler County were located on the same streets.
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTYxMTdfc28ucGRm/03-6117_so.pdf">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTQwNzM2LWFnX3NvLnBkZg==/03-40736-ag_so.pdf">OPINION/ORDER</A><BR>
It is hereby ORDERED. DECREED that the petition for review of the decision of the Board of Immigration Appeals (
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA2LTIwNTZfc28ucGRm/06-2056_so.pdf">OPINION/ORDER</A><BR>
IJ A96 332 067 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. It is hereby ORDERED. Is GRANTED. We will vacate and remand for new findings if the agency's reasoning or its fact finding process was sufficiently flawed. Which indicates that his daughter was registered to his household in October 2003. Substantial evidence does not support this determination where Lin explained that a new household registry was created in October 2003 following a redistricting census. There is nothing in the record to indicate that the new registration booklet. Was originally part of his household. Lin's testimony is corroborated by the document itself. Which indicates that its issue date was October 31. His wife and both his children were all registered on that date. 2 Substantial evidence also does not support the IJ's finding implausible that (1) local authorities would have allowed Lin to keep his rubber factory or his home because he failed to pay his fine and (2) Lin would be able to sell his business to his brother while in hiding.
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA2LTIwNTYtYWdfc28ucGRm/06-2056-ag_so.pdf">OPINION/ORDER</A><BR>
IJ A96 332 067 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. It is hereby ORDERED. Is GRANTED. We will vacate and remand for new findings if the agency's reasoning or its fact finding process was sufficiently flawed. Which indicates that his daughter was registered to his household in October 2003. Substantial evidence does not support this determination where Lin explained that a new household registry was created in October 2003 following a redistricting census. There is nothing in the record to indicate that the new registration booklet. Was originally part of his household. Lin's testimony is corroborated by the document itself. Which indicates that its issue date was October 31. His wife and both his children were all registered on that date. 2 Substantial evidence also does not support the IJ's finding implausible that (1) local authorities would have allowed Lin to keep his rubber factory or his home because he failed to pay his fine and (2) Lin would be able to sell his business to his brother while in hiding.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-5094.wpd">OPINION/ORDER</A><BR>
The Petition for Panel Rehearing is DENIED. A vote was taken. The suggestion for en banc rehearing is DENIED. These public officials have not attempted to recover any medical costs from Nova under the challenged statute. Although it is possible that they may seek to do so sometime in the future. The district court held that there was a justiciable case or controversy between the parties and entered summary judgment against the defendants. Declaring that the Oklahoma statute imposed an unconstitutional burden on a woman's ability to obtain an abortion and was excessively vague. We now hold that Nova lacked standing to bring this lawsuit because it has not shown that the injury it may have suffered due to the challenged Oklahoma law was caused by these particular defendants or that it would be redressed by a judgment against them. Nothing in the record distinguishes these defendants from any other party who might one day have the occasion to seek compensatory damages under the challenged statute as a civil plaintiff.
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTQ4MzVfc28ucGRm/04-4835_so.pdf">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQwMDcwX29wbi5wZGY=/03-40070_opn.pdf">OPINION/ORDER</A><BR>
(1) whether the Board of Immigration Appeals (
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTA4MzItYWdfb3BuLnBkZg==/05-0832-ag_opn.pdf">OPINION/ORDER</A><BR>
Petition is denied. Finding that he was not credible. He was granted voluntary departure. Which was to take place on or before May 16. Petitioner was still in the United States. I. Background Petitioner is a citizen of the People's Republic of China. While he was living in China. The two were denied a marriage license because petitioner was only twenty one years old and thus too young to marry legally. Was born on April 27. Petitioner claimed that under China's family planning policies only legally married couples are permitted to have children. As a result of these events he was ordered by the Chinese government to undergo a sterilization procedure. Opting instead to remain here well beyond the time he was told to depart. Wang was granted asylum. There is no indication that she was ever previously denied asylum and ordered to leave the United States prior to having her children. Which is filed well outside of the 90 day time limit provided in 8 C.F.R. § 1003.2(c)(2). Was only recently implemented in his hometown.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200515633.pdf">OPINION/ORDER</A><BR>
(2) was clearly in error in its finding regarding disparate impact. (3) considered expert testimony that should have been excluded under Rule 702 of the Federal Rules of Evidence. 2 II For many years.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june97/93-8474.op.html">WARREN PUBL'G CO. V. MICRODOS DATA CORP.<BR></A><BR>
Circuit Judge: <br wp=
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200316068.pdf">OPINION/ORDER</A><BR>
We will address whether Yang's acts of resistance to China's family policies make her eligible for asylum in the United States. I. FACTS AND PROCEDURAL HISTORY Yang was born on July 3. She claims that the Chinese government forced her to have an intrauterine device (
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june97/95-5172.opa_fn.html">OPINION/ORDER</A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june99/97-5091.opn.html">BURTON V. CITY OF BELLE GLADE (6/25/1999, NO. 97-5091)<BR></A><BR>
The district court also erred in holding that the remedies they sought including the unusual remedy of ordering a city to annex property into its municipal boundaries were neither available under the Voting Rights Act nor permissible under the Federal Rules of Civil Procedure. Reverse and remand Appellants' cause of action to enforce Title VI's disparate impact regulations for further proceedings consistent with this opinion.</P> <P ALIGN=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2000/98-4924.opn.html">HUNDERTMARK V. FLORIDA DEP'T OF TRANSP. (3/7/2000, NO. 98-4924)<BR></A><BR>
Whether extension of the Equal Pay Act to the States is within Congress's § 5 powers. (2) is plainly adapted to that end. (3) is consistent with and not prohibited by the letter of the constitution. <U>See</U> <U>Katzenbach v. The original enactment of the Equal Pay Act in 1963 applied only to private employers and stated that Congress was legislating pursuant to its powers under the Interstate Commerce Clause. This lack of language by Congress stating the basis of its power to legislate is not fatal because the Supreme Court has acknowledged the long recognized rule that
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2002/01-10559.opn.html">BAILEY V. ALLGAS, INC. (3/8/2002, NO. 01-10559)<BR></A><BR>
The district court held the expert testimony with respect to key elements of the Robinson Patman Act claim was inadmissible. The district court held Appellants' claims failed even if the testimony was admissible. (Allgas) is a distributor and seller of liquid propane gasoline operating in Alabama. With the price of propane gas varying from office to office.</SPAN><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2003/02-10555.opn.html">NAT'L PARKS CONSERVATION ASS'N V. NORTON (3/18/2003, NO. 02-10555)<BR></A><BR>
Accordingly the National Park Service (
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19988623.OPN.pdf">OPINION/ORDER</A><BR>
The district court found that the County had a history of racial segregation and that
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19988623.MAN.pdf">OPINION/ORDER</A><BR>
The district court found that the County had a history of racial segregation and that
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar99/99-11145.opn.html">WILSON V. MINOR (8/4/2000, NO. 99-11145)<BR></A><BR>
The district court found that the 1988 injunction changed the size of the County Commission and was therefore an impermissible remedy for a voting rights violation in light of recent Supreme Court and Eleventh Circuit precedent. Because the law prohibiting changes in the size of a governing body in order to remedy a section 2 violation is plain. We conclude that the district court did not abuse its discretion in vacating the 1988 injunction and affirm its order.</SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov99/98-8896.man.html">JOHNSON V. HAMRICK (11/19/1999, NO. 98-8896)<BR></A><BR>
Who are the current members of the Gainesville City Council. We hold that the district court's findings of fact and conclusions of law are not sufficiently detailed that we can ascertain the bases for the district court's ultimate conclusion. BACKGROUND</CENTER> </P> <P> Gainesville is located in Hall County. 000 residents and 20.2% of its total voting age population are black. All of whom are elected at large. While a majority of the voters in Ward 3 are black. A majority of the voters in the other four wards are white. The council members' terms are staggered. There is a majority vote requirement. So a runoff election is required if no candidate receives more than 50% of the vote in the general election.</P> <P> Three contested Gainesville City Council elections have featured a black candidate. The two candidates for the Ward 3 seat were black: John W. Morrow was reelected without opposition until 1990. The parties do not dispute she was the preferred candidate of black voters. Would have altered the judgment. <EM>Johnson v.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19975091.OPN.pdf">OPINION/ORDER</A><BR>
The district court also erred in holding that the remedies they sought including the unusual remedy of ordering a city to annex property into its municipal boundaries were neither available under the Voting Rights Act nor permissible under the Federal Rules of Civil Procedure. I. The historical facts and the procedural history necessary to understand this lawsuit are complex and extensive. The City of Belle Glade is an incorporated municipality located on the western side of Palm Beach County. Was populated by whites and stood at the City's northwest corner. Was populated by blacks and was located to the southwest of the City. These ordinances were repealed. The total population of the City of Belle Glade was 11. 393 (65.6%) were non whites and 3. 880 (34.4%) were whites.2 The following year. The population of the Osceola Center was 46% black. Whereas the population of the Okeechobee Center was 92% black and 8% Hispanic. 4 2 1 BGHA. The City Commission's minutes simply reflect that a meeting was to be arranged between the City Commission and the BGHA to discuss the possibility of annexing the Okeechobee Center.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19975091.MAN.pdf">OPINION/ORDER</A><BR>
The district court also erred in holding that the remedies they sought including the unusual remedy of ordering a city to annex property into its municipal boundaries were neither available under the Voting Rights Act nor permissible under the Federal Rules of Civil Procedure. I. The historical facts and the procedural history necessary to understand this lawsuit are complex and extensive. The City of Belle Glade is an incorporated municipality located on the western side of Palm Beach County. Was populated by whites and stood at the City's northwest corner. Was populated by blacks and was located to the southwest of the City. These ordinances were repealed. The total population of the City of Belle Glade was 11. 393 (65.6%) were non whites and 3. 880 (34.4%) were whites.2 The following year. The City Commission's minutes simply reflect that a meeting was to be arranged between the City Commission and the BGHA to discuss the possibility of annexing the Okeechobee Center. Of who made the annexation request or whether any meeting was ever held.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19962788.OPN.pdf">OPINION/ORDER</A><BR>
Circuit Judge: 1 1 Judge Edmondson announces the judgment for the Court in this 3 Three cases presenting the same or similar issues of Eleventh Amendment immunity were consolidated and are addressed in this appeal. The issues in this appeal are whether Congress abrogated States' Eleventh Amendment immunity case. We agree with the Northern District of Alabama that suits in by private parties for against ADEA States federal court 6 violations are prohibited by the Eleventh Amendment. The cases were appealed for us to decide whether Congress abrogated sovereign immunity when it enacted the relevant statutes. 3 Because this appeal presents only questions of law. This appeal is properly before this Court under the collateral order doctrine. The facts of each Plaintiff's claim will not be discussed. Discussion A district a court's order to denying dismiss or a granting motion complaint against a State based on the Eleventh Amendment's grant of sovereign immunity is reviewed by this court de novo. 2507 n.7 (1980) (Eleventh Amendment principles are not applicable to suits in state court.). 10 4 Congress pursuant to the Commerce Clause could.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19962788.MAN.pdf">OPINION/ORDER</A><BR>
Circuit Judge:1 Three cases presenting the same or similar issues of Eleventh Amendment immunity were consolidated and are addressed in this appeal. The issues in this appeal are whether Congress abrogated States' Eleventh Amendment immunity for suits under the Age Discrimination in Employment Act (
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958809.OPA.pdf">OPINION/ORDER</A><BR>
I. Background This class action was instituted on August 31. (d) by rate of pay is at least equal to the proportion of blacks to whites in the working age population as shown by the most recent Albany. The Fire Chief promoted a black applicant to the position of battalion chief in the City's Fire Department. are white. The white applicants filed a Prospective Plaintiffs For Intervention.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958171.OPA.pdf">OPINION/ORDER</A><BR>
Calhoon was charged in a 14 count indictment with violation of 18 U.S.C. § 1001 (false statements) and 18 U.S.C. § 1341 (mail fraud). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3741(a) and affirm. Georgia and composed of both was medical/surgical psychiatric hospitals. To audit cost reports to determine the amount of reimbursement to which the provider of Medicare insured services is entitled. Some costs included in a cost report are clearly identifiable as either reimbursable or nonreimbursable. Other costs are subject to dispute. hospital to preserve its right to In order for the provider challenge any potential disallowance of an item of cost or part thereof. The This is referred to as filing
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19938474.OP.pdf">OPINION/ORDER</A><BR>
Circuit Judge: This is an appeal from the district court's entry of a preliminary injunction1 enjoining a putative infringer from infringing the compilation copyright of a publisher of a cable television factbook. System finding of that the the copyright selecting names of communities under which to list the data in its factbook was sufficiently creative and original to warrant copyright protection. All have yet to be addressed by the district court. No final judgment was entered under 28 U.S.C. § 1291 because the court has not yet disposed of all the claims in the case and did not make its injunction a final judgment pursuant to Fed. The order before us is an interlocutory order for an injunction that is subject to review under 28 U.S.C. § 1292(a)(1). 2 Publishing Corp. v. Did not have the benefit of our en banc opinion in BellSouth. Ed. 2d 232 (1994). 3 this case is the
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19938474.MA3.pdf">OPINION/ORDER</A><BR>
Circuit Judge: This is an appeal from the district court's entry of a preliminary injunction1 enjoining a putative infringer from infringing the compilation copyright of a publisher of a cable television factbook. Finding that the copyright holder's system of selecting the names of communities under which to list the data in its factbook was sufficiently creative and original to warrant copyright protection. All have yet to be addressed by the district court. No final judgment was entered under 28 U.S.C. § 1291 because the court has not yet disposed of all the claims in the case and did not make its injunction a final judgment pursuant to Fed.R.Civ.P. 54(b). The order before us is an interlocutory order for an injunction that is subject to review under 28 U.S.C. § 1292(a)(1). 1 ** * Advertising & Publishing Corp. v. The focus of this case is the
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1825.01A">OPINION/ORDER</A><BR>
With whom Sheila High King and Cetrulo & Capone LLP were on brief. Was on brief. I The facts relating to Royal's conviction and first appeal are set forth in United States v. Royal was indicted in 1992 on charges of mail fraud. When the case was called for trial. Royal was required to make a showing that he would be able to satisfy the three prongs of [the test for establishing a prima facie violation of the fair cross section requirement].
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-2251.01A">OPINION/ORDER</A><BR>
With whom Mary Jo Mendez and Rosalinda Pesquera were on brief. Odell & Calabria were on brief. We conclude that while Title VII's employment related shelter might in certain circumstances extend to a person who is a partner in a law firm. Is not entitled to such shelter here. The appellant was mitted a non proprietary
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1053.01A">OPINION/ORDER</A><BR>
Mayotte & Singer were on brief for appellants. Were on brief for appellee. The entire purchase price was financed through a mortgage loan in pounds sterling. It was increased to 330. No U.S. funds were used either to purchase or improve the residence. It was sold for 453. The mortgage loan was retired. The government responded that the total cost basis of the residence must be arrived at by utilizing the respective dollar pound exchange rates in effect when the residence was purchased and each capital improvement payment was made.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-2031.01A">OPINION/ORDER</A><BR>
Defendant Robert Joost was convicted by a jury of conspiracy to obstruct. Who were investigating the manufacture of counterfeit Foxwoods Casino (Connecticut) slot machine tokens by defendant and others. Which the detectives said they were able to exchange for cash at the cashier's cage through a cousin of one of them. In 1 The same jury was unable to reach a verdict on a co defendant. Who later pled guilty. 2 Defendant also was charged with two additional offenses. Is being vacated in a decision issued simultaneously with this one because of the trial court's erroneous refusal to give an instruction on entrapment. Was dismissed without prejudice. 2 subsequent conversations in May defendant said that the company had changed its vehicle from a truck to a van. Were intercepted by a prearranged investigative stop in which police confiscated burglar tools supplied by defendant. That Leach & Garner was one customer. Used them in a novel he was writing. They will be incorporated into the following discussion. We shall follow the sequence in which both defendant and the government have presented their positions. 1.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1581.01A">OPINION/ORDER</A><BR>
Were on brief. Hoose & Turnbull were on brief. It arises against the backdrop of the biennial elections that are held for city council in Holyoke. We are unable to square the lower court's factual findings with its ultimate conclusion of vote dilution. We vacate the judgment and remand for further proceedings. 1The plaintiffs also challenged the way in which members of the school committee were elected. Each voter is entitled to cast a ballot for a candidate in his or her ward. Under the current districting scheme the ward lines were last redrawn in 1992 Hispanic voters comprise a clear majority in two wards and account for nearly one third of the population in a third ward. While Hispanic preferred city council candidates have prevailed in the two
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1066.01A">OPINION/ORDER</A><BR>
Is corrected as follows: 1. Were on brief. Was on brief. Which is not a subterfuge to evade [ADEA's] purposes.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-1621.01A">OPINION/ORDER</A><BR>
Is corrected as follows: Cover page. Charnas & Birmingham were on brief. Were on brief. Labor unions have historically SELYA. It is. Inasmuch as
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-2369.01A">OPINION/ORDER</A><BR>
Were on brief for appellant. Victoria Pulos with whom Deborah Schachter and New Hampshire Legal Assistance were on brief for appellees. This is a class action challenging as arbitrary and capricious an Aid to Families With Dependent Children (
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct96/95-8171.opa.html">UNITED STATES V. CALHOON<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Calhoon was charged in a 14 count indictment with violation of 18 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept99/98-6797.man.html">JONES V. APFEL (9/29/1999, NO. 98-6797)<BR></A><BR>
We are called upon to decide if the testimony of a vocational expert (
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1339.01A">OPINION/ORDER</A><BR>
1991 is amended as follows: On page 23. Insert
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=90-1339.01A">OPINION/ORDER</A><BR>
Was on brief forappellants. The two issues raised bythis appeal are: (1) whether the action below is a classaction. We hold that this suit is aclass action and that the provisions of the stipulation do notapply at the other institution.SUMMARY OF FACTS AND ISSUES In 1974 Roberto Navarro Ayala (
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5195a.html">OPINION/ORDER</A><BR>
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Was on brief. Middleton</SPAN> were on brief. Were on brief. The Blind Vendors' claim is that New Hampshire did not give proper
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2721.01A">OPINION/ORDER</A><BR>
Were on brief. Were on brief. All public elementary schools are run by the Commonwealth's Department of Education. 2002 is described below.</P> <P> On August 14. He was twelve years old at the time and did not know how to read.</P> <P> In the summer before Joshua started second grade. Requested a certified sign language interpreter to assist Joshua in the classroom.<STRONG> </STRONG>Joshua's mother is a special education teacher. The administrative judge found that Joshua's need for a certified sign language interpreter was
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2204ENBANC.01A">OPINION/ORDER</A><BR>
Pollock</SPAN> were on supplemental opening brief for appellants.</SPAN> <P><SPAN STYLE=
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Pollock</SPAN> were on brief. Sheehan P.C.</SPAN> were on brief. They have historically had the ability to elect a representative of their choice with the help of crossover votes in one of the former districts. After the districts were redrawn. The victor in the primary was effectively assured of being the victor in the general election.<A HREF=
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P.C.</SPAN> was on brief. Were on brief. <SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5195b.html">ABA V. NATIONAL CREDIT UNION ADMINISTRATION<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5195c.html">ABA V. NATIONAL CREDIT UNION ADMINISTRATION,<BR></A><BR>
Circuit Judges. <span style=
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The dispute is an outgrowth of aggressive and expansionist banking f l o wi n g f rom the C ongressional liberalization in recent years of national banking laws. Citizens National Bank of Evans City (CNBEC) is a community bank founded in 1878 in Evans City. (CFG) is a subsidiary holding company of the Royal Bank of Scotland. CNBEC claimed that nine of these former Mellon Bank branches were located near CNBEC branches. In addition some of the branches in Butler County were located on the same streets.
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Nov2001/003431.txt">OPINION/ORDER</A><BR>
Plaintiff appellant Delores Armour claims that her First Amendment rights were violated when she was fired from her position as secretary to defendant appellee Bea Schulte. Armour contends that she was terminated because of her political beliefs. On the ground that the County and Schulte had satisfied the burden of establishing that political affiliation was an appropriate requirement for the secretarial position. That appellant had failed to adduce sufficient evidence to enable a fact finder to infer that her termination was politically motivated i.e. Schulte decided to terminate her based on the perception that Armour was supporting a candidate other than the one backed by Schulte in a campaign for a local judgeship. Armour was one of a number of people working on Schulte's campaign. The parties agree that in early February Schulte learned of Armour's contact with Askar who was running against the Democratic candidate supported by Schulte and the local party establishment and questioned Armour about her involvement with Askar's campaign.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-5275a.html">NATION MAGAZINE V. US CUSTOMS SVC<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/March2004/032103np.pdf">OPINION/ORDER</A><BR>
They were each indicted for one count of conspiracy to commit mail fraud under 18 U.S.C. § 371. Worley was sentenced to four concurrent terms of 37 months imprisonment followed by three years of supervised release. Brown was sentenced to five concurrent terms of 41 months imprisonment followed by three years of supervised release. We have jurisdiction to hear these appeals under 28 U.S.C. § 1291. We will affirm. I. Inasmuch as we are writing solely for the parties and the District Court. We will recite only those facts necessary in deciding this appeal. In this capacity was responsible for its daily operations including maintaining control over the finances and any mail containing checks payable to the Wilimingtonians. Various steps were taken to create the appearance of propriety. Telling Starling the money was a gift to him. The whereabouts of the Suburban were unknown. The Board was unaware that it had been sold. Worley's sentencing was to take place on October 2. The probation office was unable to locate Worley until she surrendered to the U.
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Dec2002a/013151.pdf">OPINION/ORDER</A><BR>
The issue this case presents is whether English applies when the sending school district cannot withdraw from its send receive relationship. 6 I. Branchburg residents are entitled to the representation of only one member on the ten member Somerville Board of Education (
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/034356p.pdf">OPINION/ORDER</A><BR>
Circuit Judge This is a suit seeking declaratory 1 and injunctive relief compelling the Housing Authority of the City of Pittsburgh to comply with regulations the Department of Housing and Urban Development promulgated pursuant to Section 504 of the Rehabilitation Act. Our task here is to determine whether appellants may properly maintain a suit to enforce the HUD regulations. There are certainly steps HUD itself can and should take to effect compliance. The District Court partially dismissed a p p e llants' com plaint because it determined that they did not have a private right of action to enforce the HUD regulations. We will affirm the denial of a right of action to enforce the regulations. I. Section 504 of the Rehabilitation Act of 1973 is commonly referred to as the
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Chen's primary argument is that he is eligible for asylum based on his fiancee's forced abortion at the hands of Chinese government officials. Chen relies on a decision of the Board of Immigration Appeals holding that the spouse of a person who was forced to undergo an abortion or sterilization is deemed under a 1996 amendment to 8 U.S.C. § 1101(a)(42) to have suffered past persecution. While he and his fiancee were never married. They would have married The Honorable J. Which was instituted as part of the country's oppressive population control program. Chen contends China's refusal to permit him to marry constituted persecution and that therefore the BIA's decision to limit C Y Z to married persons is irrational and arbitrary and must be rejected. Is reasonable. Are both natives and citizens of the People's Republic of China. Chen was 19 and Chen Gui was 18. The couple discovered that Chen Gui was pregnant. Since the legal age to marry was 25 for men and 23 for women. 1 We note that officially the minimum age for marriage in China appears to be 22 for men and 20 for women.
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I The Kims are natives and citizens of Korea and have two children. Kim is also a high school graduate and a veteran of the Korean Army. Representatives of the agency 1 The Kims' son is a naturalized United States citizen. Their daughter was granted relief from removal by the same Immigration Judge (
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2003/022515up.pdf">OPINION/ORDER</A><BR>
The petition for review will be denied. Bamory Ballo is a native and citizen of Ivory Coast. Ballo testified that he is Muslim and that his hometown of Anyama is predominantly Christian.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept1995/95a1158p.txt">OPINION/ORDER</A><BR>
We are called upon in this case principally to perform one of our most delicate duties determining whether Congress exceeded its constitutional authority in enacting a federal law. At issue is the power of Congress to criminalize
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1999/985356.txt">OPINION/ORDER</A><BR>
Schurr alleged that race was the determining factor in Resorts' decision not to offer him a job which was ultimately filled by an equally well qualified minority candidate. Has been substituted for Smith. 2 Fourteenth Amendment rights were violated by the Commission's regulations establishing minority employment goals. Schurr also alleged that Resorts' affirmative action plan as drafted and applied was invalid. Because we are convinced that the District Court erred in granting summary judgment in favor of the defendants on Schurr's Title VII and other statutory claims. We will reverse that portion of the District Court's Order and remand the matter for further proceedings. We will affirm the grant of summary judgment in favor of the Chairman on standing grounds. Minorities and persons with disabilities are recruited and employed at all levels of the operation's work force and treated during employment without regard to their gender. Equal opportunity efforts are to be undertaken in all employment practices including promotion.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1999/981424.TXT">OPINION/ORDER</A><BR>
Inc. was ordered to pay $60. The key issues raised in this case are whether General Instrument Corporation had standing to bring a suit under the Cable Act (Nu Tek's appeal) and whether statutory civil damages under the Act are limited to $60. The scope of the injunction and the calculation of the amount of attorney's fees are also at issue. We will affirm the judgment of the District Court on all issues. 2 I. The converted boxes were
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1995/95a1210p.txt">OPINION/ORDER</A><BR>
In this case we must decide whether appellant Marjorie Jo Faish is entitled to have her student loan obligation discharged in a Chapter 7 bankruptcy proceeding. She is entitled to have her entire debt discharged. 11 U.S.C. § 523(a)(8)(B).
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jun1997/97a1625p.txt">OPINION/ORDER</A><BR>
Until EPA's remedial activities at the site are completed. We will now overrule that portion of Princeton Gamma Tech on which plaintiffs rely and affirm the district court's dismissal of plaintiffs' suit for lack of subject matter jurisdiction. The incineration contract was awarded in September 1993. The first step in the implementation of the incineration remedy involves a
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug2000/993863.txt">OPINION/ORDER</A><BR>
We are called upon to decide whether. The Supreme Court recently held that the Age Discrimination in Employment Act (
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/April1995/95a1019p.txt">OPINION/ORDER</A><BR>
Because we concur that PNI could not have recouped the investment in predation it might have made. We will affirm. Those appearing directly on newspaper editorial pages are called
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-5285a.html">NATL TAXPAYERS UNION V. USA<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200608/05-5139a.pdf">OPINION/ORDER</A><BR>
With him on the briefs was Stephen M. Dunham was on the brief for amicus curiae No Fear Coalition in support of appellant. With him on the brief were Kenneth L. Chief Judge: Marrita Murphy brought this suit to recover income taxes she paid on the compensatory damages for emotional distress and loss of reputation she was awarded in an adminstrative action she brought against her former employer. Her award should have been excluded from her gross income because it was compensation received
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200606/04-1434a.pdf">OPINION/ORDER</A><BR>
With him on the briefs were Cameron Cohick and Gregory E. With him on the brief were Giovanni P. Circuit Judge: This is a petition for review of the Securities and Exchange Commission's regulation of
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With her on the briefs were Gregory G. With him on the brief was Rhonda M. Peter Buscemi was on the brief for amici curiae State and Local Bar Associations in support of appellees. Babb were on the brief for amicus curiae The Conference of Chief Justices in support of appellee American Bar Association. The Bar Associations sought a declaratory judgment that the FTC's decision that attorneys engaged in the practice of law are covered by the Gramm Leach Bliley Act (
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<TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/May2004/May19/03-40475-CV0.wpd.pdf">OPINION/ORDER</A><BR>
Circuit Judge: Petitioner DaRoyce Lamont Mosley (
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/95opinions/95-1374a.html">OMNIPOINT CORP V. FCC<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/95opinions/95-5242a.html">CHAMBER CMERC US V. REICH ROBERT B.<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200201/00-5195c.txt">OPINION/ORDER</A><BR>
ORDER It is ORDERED. The ABA contends that the community credit union criteria are substantially unchanged. The the ABA also points out that an area benefitting from the
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200201/00-5195b.txt">OPINION/ORDER</A><BR>
With him on the briefs were Christopher R. With him on the brief were Kenneth L. Krasne were on the joint brief for intervenors appellees Credit Union National Associ ation. A credit union is a
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200111/00-5195a.txt">OPINION/ORDER</A><BR>
With him on the briefs were Christopher R. With him on the brief were Kenneth L. Krasne were on the joint brief for intervenors appellees Credit Union National Associ ation. A credit union is a
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-1040.html">CORPUS GROUOP PLC, ET AL. V. INTERNATIONAL TRADE COMMISSION, ET AL.<BR></A><BR>
Argued for plaintiffs appellants.<span style='mso spacerun:yes'> </span>With him on the brief were <u>Peter Lichtenbaum</u> and <u>Troy H. Argued for defendant appellee United States International Trade Commission.<span style='mso spacerun:yes'> </span>With her on the brief were <u>Lyn M. With him on the brief was <u>David M. For defendants appellees.<span style='mso spacerun:yes'> </span>Of counsel was <u>Jeanne E. 2002) ( Judgment ).<span style='mso spacerun:yes'> </span>The appellants named as defendants in this case are George W. Line height:200%'><span style='font weight:normal'>The appellants argue that the President acted beyond his delegated authority because the International Trade Commission ( the Commission ) was not evenly divided and thus could not trigger the President s authority to impose the duty under the Trade Act of 1974
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/994364.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. The Supreme Court recently held that a police officer's refusal to allow the defendant to enter his residence without a police officer until a search warrant of the residence was secured was a reasonable seizure and therefore did not violate the Fourth Amendment. 121 S. We find that the police officers' hour long seizure was reasonable. Scates has the due process right to
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<TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/May2004/May17/03-40475-CV0.wpd.pdf">OPINION/ORDER</A><BR>
Circuit Judge: Petitioner DaRoyce Lamont Mosley (
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/98opinions/98-1296.html">DELTA AND PINE LAND CO. V. THE SINKERS CORP.<BR></A><BR>
Delta is the owner of numerous Certificates of Plant Variety Protection (
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Which was established in the 1930s
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981804.P.pdf">OPINION/ORDER</A><BR>
The district court found that the residents had failed to state a claim under the Fair Housing Act and that the rest of their claims were time barred. Appellants seek to derail this highway construction project years after the original siting decision was made. Most of their claims are 3 now stale. There is one exception: We reinstate as timely appellants' challenge to the agencies' decision not to prepare a supplemental environmental impact statement in 1995. We also hold that appellants' Title VI and section 1985 claims against the federal defendants are barred by sovereign immunity. Route 50 is the principal latitudinal artery spanning Maryland's eastern peninsula. Their remedy of choice was to construct a bypass around the City. In order to receive federal funding for the Bypass the Maryland State Highway Administration (SHA) was required to follow the approval process established under the Federal Aid Highway Act (FAHA). Although the details of this process have evolved since 1975. Its essential mandates have remained constant.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan96/94-7089.man.html">DILLARD V. CITY OF GREENSBORO<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Dillard v. Because the district court did not have the benefit of <i>Miller</i> when it adopted the challenged redistricting plan.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972059.P.pdf">OPINION/ORDER</A><BR>
Provide bottled water to anyone in this area whose groundwater fails to meet these standards until the groundwater is found to be without contaminants. Trinity's land is composed of a top layer of saprolite a soft. The migratory path for water in the lower aquifer is. Although there is a
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb99/98-8623.opn.html">CLARK V. PUTNAM COUNTY (2/26/1999, NO. 98-8623)<BR></A><BR>
The district court found that the County had a history of racial segregation and that
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb99/97-2540.man.html">SOLOMON V. LIBERTY COUNTY COMM'RS (2/3/1999, NO. 97-2540)<BR></A><BR>
Reaffirmed the prior panel's opinion that further findings of fact were warranted. <EM>See Solomon II. BACKGROUND</CENTER> </P> <P> Liberty County is located in northwest Florida. It is especially rural. 982 or 17.63 percent are black.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan96/94-7089.man_fn.html">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec97/97-2192.man.html">HILL V. BUTTERWORTH (12/15/1997, NO. 97-2192)<BR></A><BR>
Chief Judge:</P> <P> The important issue in this case is whether the district court erred in ruling that the State of Florida has not achieved
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971837.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. NCUA believed that CapCorp was significantly overinvested in Collateralized Mortgage Obligations. CapCorp's board was notified that day of its right to seek judicial review within ten days. No judicial or administrative remedy was sought. The plaintiffs (now the appellants) are ninety four credit unions who were shareholders in CapCorp. The court held that the plaintiffs were not barred by the anti injunction provision of FIRREA. The district court held that the plaintiffs' due process rights were not violated because CapCorp itself had standing to challenge the liquidation and the plaintiffs had substantial representation on CapCorp's board at the time.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2000/99-11145.man.html">WILSON V. MINOR (8/4/2000, NO. 99-11145)<BR></A><BR>
The district court found that the 1988 injunction changed the size of the County Commission and was therefore an impermissible remedy for a voting rights violation in light of recent Supreme Court and Eleventh Circuit precedent. Because the law prohibiting changes in the size of a governing body in order to remedy a section 2 violation is plain. We conclude that the district court did not abuse its discretion in vacating the 1988 injunction and affirm its order.</SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july95/94-2516.opa.html">LOHR V. MEDTRONIC, INC.<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lohr v. We hold that Appellants' negligent manufacture and failure to warn claims are preempted and affirm their dismissal. We also hold that Appellants' negligent design and strict liability claims are not preempted and therefore reverse their dismissal.<p> I. BACKGROUND<p> <p> Because an understanding of the MDA's regulatory scheme is necessary to resolve the question of preemption. We begin with a brief outline of the Act.<p> A. <i>The Regulatory Scheme</i><p> <p> The market for medical devices was largely unregulated at the national level until the MDA's passage in 1976. The text of the MDA reveals two competing congressional purposes relevant to this case:<a href=
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971075.P.pdf">OPINION/ORDER</A><BR>
Was terminated on April 9. She was
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/96-3021.man.html">BLACKFEET NAT'L BANK V. NELSON (4/5/1999, NO. 96-3021)<BR></A><BR>
Seeking a declaratory judgment that its sale of the Retirement CD was authorized by the National Bank Act (the
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr98/96-2788.man.html">KIMEL V. FLORIDA BD. OF REGENTS (4/30/1998, NO. 96-2788)<BR></A><BR>
Circuit Judge:<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july96/95-8809.opa.html">SHEALY V. CITY OF ALBANY<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Shealy v. Background<p> <p> This class action was instituted on August 31. (d) by rate of pay is at least equal to the proportion of blacks to whites in the working age population as shown by the most recent Albany. The five non selected applicants are white. The white applicants filed a
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/aug96/95-8039.wpd.html">UNITED STATES V. RUIZ-CASTRO<BR></A><BR>
Defendants each were convicted of multiple charges arising out of a conspiracy to transport cocaine to. Genaro also argues that there was insufficient evidence at trial to convict him of the charges against him. That the court impermissibly included in calculating their base offense level a quantity of cocaine which was unsubstantiated at trial. We agree that the court erred in estimating that the two brothers brought five ounces of cocaine to Wyoming in early or mid June when the only witness testifying to this amount stated that he did not remember how much cocaine was involved in this transaction. We need not remand his sentence because subtracting the five ounces does not change his offense level and because he was sentenced at the low end of the sentencing range for his offense level. The investigation did reveal that Garcia was illegally in the United States and was in possession of false and fraudulent social security and immigration documents. One of the subjects of the investigations conducted through Garcia was Ramirez.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/964269.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. Ellancer McGrady and Everett McGrady were charged with possession of cocaine base with intent to distribute in violation of § 841(a)(1). The trial was held in the Asheville division of the Western District of North Carolina before a jury from that division. Juries in all five divisions of the Western District of North Carolina are selected according to the District Jury Selection Plan in which potential jurors are randomly selected from the voter registration lists of the division where the trial is held. Appellants were indicted in the Shelby division of the district. Virtually all cases originating in that division are tried in the neighboring Asheville division of the same district. Asheville division jury pools are used in cases that originate in the Shelby division. Appellants submitted evidence that the Asheville division jury venires contained no African Americans during the January 1995 term when they were tried. Appellants submitted a letter from a statistician indicating that the probability of four venires containing only two African Americans due strictly to 4 chance was only one percent.
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Is whether minority plaintiffs. Who are not sufficiently numerous to form a voting majority in any single member district in the Commonwealth of Virginia. Gingles that a minority group seeking relief under Section 2
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/01/01-6339.htm">01-6339 -- DEMOS V. KEATING -- 01/30/2002<BR></A><BR>
The case is. The matter was referred to a magistrate judge. Noted (1) that the filing was neither a special motion nor a motion at bar. Demos was without standing. Demos' claims before the district court are frivolous and abusive. He makes a new claim that was not raised and argued below. He claims that
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june97/93-8474.op.html">WARREN PUBL'G CO. V. MICRODOS DATA CORP.<BR></A><BR>
Circuit Judge: <br wp=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/11/99-1421.htm">99-1421 -- TYLER V. RE/MAX MOUNTAIN STATES INC. -- 11/21/2000<BR></A><BR>
Tyler is an African American real estate agent and broker. Tyler the normal franchise fee was reduced to $10. Or suggest there were any abnormalities in his business financial statements. Tyler to inform him his franchise application was denied. Judgment as a matter of law is appropriate
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/09/99-1134.htm">99-1134 -- BROWN V. CITY AND COUNTY OF DENVER -- 09/22/2000<BR></A><BR>
Clifton Brown was running errands in his neighborhood. Who was a police officer for the City and County of Denver. Officer Gray was not on regular shift. Was driving his own car. Was not in uniform. Brown's face and shouted that he was a police officer. I don't have a damn thing.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/09/98-2215.htm">98-2215 -- CISNEROS V. WILSON -- 09/11/2000<BR></A><BR>
Holding that Plaintiff could not prove: (1) that she was a
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001036.P.pdf">OPINION/ORDER</A><BR>
Section 1 the status is changed from
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-4127b.htm">99-4127B -- JOHNSON V. RODRIGUES (OROZCO) -- 08/28/2000<BR></A><BR>
Circuit Judges. <p> <hr align=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-4127a.htm">99-4127A -- JOHNSON V. RODRIGUES (OROZCO) -- 08/28/2000<BR></A><BR>
Where the word
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-4127.htm">99-4127 -- JOHNSON V. RODRIGUES -- 08/28/2000<BR></A><BR>
Who were joined as defendants. We have appellate jurisdiction pursuant to 28 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/04/99-1370.htm">99-1370 -- SPANGLE V. HOLT -- 04/28/2000<BR></A><BR>
Concluding that the appeals were not taken in good faith. <u>See</u> 28 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/98-3102.htm">98-3102 -- MARTIN V. STATE OF KANSAS -- 08/19/1999<BR></A><BR>
We affirm. <p align=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/08/96-1198.htm">96-1198 -- U.S. V. MAASS -- 08/04/1998<BR></A><BR>
Thomasson soon began to suspect that the group was more involved in selling methamphetamine than firearms. Who was the ring's main supplier of drugs. There was evidence presented that Maass carried firearms during his drug deal with Thomasson. That he was prepared to shoot or kill to protect his methamphetamine business. <p> The first sale to Thomasson took place at the parking lot of an arcade in Manitou Springs. This transaction was attended by Maass. Maass was arrested by Colorado Springs police officers for possession of methamphetamine and drug paraphernalia. Maass learned that one Sherrie Holmes might have been responsible for his and McKane's arrest. He was arrested by Thomasson and other law enforcement personnel. <p> Maass was indicted for conspiracy to distribute methamphetamine. Maass was convicted on all counts. Or acts that are extrinsic to the crimes charged.<a href=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/97-3061a.htm">97-3061A -- U.S. V. SHINAULT -- 07/08/1998<BR></A><BR>
The defendant was charged with two counts of violating the Hobbs Act. Including contentions that the trial violated his constitutional protection against double jeopardy and that underrepresentation of minority racial groups in the pool from which his jury was drawn violated his Sixth Amendment right to an impartial jury. A jury with no alternates was sworn. (5) that Congress did not have the power to enact the Hobbs Act. The Jury Act
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/97-3061.htm">97-3061 -- U.S. V. SHINAULT -- 07/08/1998<BR></A><BR>
The defendant was charged with two counts of violating the Hobbs Act. Including contentions that the trial violated his constitutional protection against double jeopardy and that underrepresentation of minority racial groups in the pool from which his jury was drawn violated his Sixth Amendment right to an impartial jury. A jury with no alternates was sworn. (5) that Congress did not have the power to enact the Hobbs Act. The Jury Act
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/06/97-2368.htm">97-2368 -- ANDERSON V. LEMASTER -- 06/23/1998<BR></A><BR>
2254. <p> Anderson was convicted in New Mexico state court of first degree murder and robbery and was found to be a habitual offender. A.) He was sentenced to life imprisonment for the murder. Three issues are procedural
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/04/97-2235.htm">97-2235 -- U.S. V. GAULT -- 04/16/1998<BR></A><BR>
Defendant was sentenced to 210 months imprisonment and five years of supervised release. We affirm. <p align=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/12/96-1504.htm">96-1504 -- MAY V. TOWN OF MOUNTAIN VILLAGE -- 12/19/1997<BR></A><BR>
The District Court found that the provision allowing nonresidents to vote was not irrational or arbitrary. Summary judgment was granted in favor of defendants on all federal law claims. Plaintiffs based their claim of the unconstitutionality of the Charter upon five arguments that is i) that the Equal Protection Clause bars nonresident landowner voting. Finding that questions involving districting and various amendments to the Charter were moot or not ripe for judgment. The Court also declined to exercise supplemental jurisdiction over state law claims and those issues are not before us.<a href=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june97/95-5172.opa_fn.html">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june99/97-5091.opn.html">BURTON V. CITY OF BELLE GLADE (6/25/1999, NO. 97-5091)<BR></A><BR>
The district court also erred in holding that the remedies they sought including the unusual remedy of ordering a city to annex property into its municipal boundaries were neither available under the Voting Rights Act nor permissible under the Federal Rules of Civil Procedure. Reverse and remand Appellants' cause of action to enforce Title VI's disparate impact regulations for further proceedings consistent with this opinion.</P> <P ALIGN=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2000/98-4924.opn.html">HUNDERTMARK V. FLORIDA DEP'T OF TRANSP. (3/7/2000, NO. 98-4924)<BR></A><BR>
Whether extension of the Equal Pay Act to the States is within Congress's § 5 powers. (2) is plainly adapted to that end. (3) is consistent with and not prohibited by the letter of the constitution. <U>See</U> <U>Katzenbach v. The original enactment of the Equal Pay Act in 1963 applied only to private employers and stated that Congress was legislating pursuant to its powers under the Interstate Commerce Clause. This lack of language by Congress stating the basis of its power to legislate is not fatal because the Supreme Court has acknowledged the long recognized rule that
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F1D4C2285FE9C71388256A7E000000C2/$file/9871087.pdf?openelement">OPINION/ORDER</A><BR>
Fletcher was drawn to replace him. I. The BIA's factual determinations are reviewed under the substantial evidence standard. We may reverse if the evidence is such that a reasonable factfinder would be compelled to conclude that a well founded fear of persecution has been established. Lal was a prominent member of the Fijian Labor Party. The Labor Party was successful in its 1987 electoral bid. Which was controlled by members of the native Fijian population. Lal was dragged from his 1 The application for asylum is based on Mr. Since the applications of both his wife and child are derivative of his claim. We will focus on Mr. He was placed in detention and held for three days by the army. Explaining that his treatment was in retaliation for his work on behalf of the Labor Party. Lal was stripped of his clothes. Urine was forced into his mouth. He was cut with knives and singed with burning cigarettes. He was deprived of food and water. Lal was in jail. Sometime after he was released from detention. Lal was forced to watch the assault at gunpoint.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E20BC6A38029FDAE88256E5A00707D1B/$file/9871087.pdf?openelement">OPINION/ORDER</A><BR>
Fletcher was drawn to replace him. ORDER The Government's petition for rehearing is granted to the extent set forth following. Add a footnote at p. 8391 at the end of the last sentence before section
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2002/01-10559.opn.html">BAILEY V. ALLGAS, INC. (3/8/2002, NO. 01-10559)<BR></A><BR>
The district court held the expert testimony with respect to key elements of the Robinson Patman Act claim was inadmissible. The district court held Appellants' claims failed even if the testimony was admissible. (Allgas) is a distributor and seller of liquid propane gasoline operating in Alabama. With the price of propane gas varying from office to office.</SPAN><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DA4A050DCFAD553288256FFC00572DFC/$file/0335783.pdf?openelement">OPINION/ORDER</A><BR>
Were on the brief. Was on the brief. Was on the brief for appellee City of Vancouver. I Western States Paving Co. (
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2003/02-10555.opn.html">NAT'L PARKS CONSERVATION ASS'N V. NORTON (3/18/2003, NO. 02-10555)<BR></A><BR>
Accordingly the National Park Service (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-9524.wpd">OPINION/ORDER</A><BR>
Lin was interdicted at sea near Agana. In a Chinese fishing vessel that contained more than seventy undocumented aliens from China who were being smuggled to Guam. [Lin] was identified by many of the smugglees as an enforcer. The enforcers on the boat were essentially crewmen who controlled the smugglees. [Lin] was positively identified as a person who both carried a club and who handcuffed some of the smugglees during the off loading process. So no statement was taken at that time. Lin was interviewed by a senior immigration inspector with the assistance of an interpreter. He was afraid that he would be harmed if he returned there. (1) After examining the briefs and appellate record. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. Sitting by designation. <hr> Lin was charged with and pled guilty to improper entry into the United States in violation of 8 U.S.C. 1325. The IJ granted the government's motion to amend the Notice to Appear to reflect that Lin was an arriving alien.
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Gonzales is substituted for his predecessor. Claiming that the detention was in violation of the Fourth Amendment and seeking damages. Rocha's initial contention is that. The courts are closed to the Sissokos. 1 purThe INS was abolished on March 1. Its functions were transferred to the Department of Homeland Security.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A26B09A7FE5D810288256C1E0002E85F/$file/0070357.pdf?openelement">OPINION/ORDER</A><BR>
Because the proposed projects were located in Washington's coastal zone. FERC needed the State of Washington to certify that the projects were consistent with the state's Coastal Zone Management Program before FERC could consider the license applications. Required approval from the county where the projects were sited before it would consider whether to certify the projects' consistency with state coastal protection. Despite being advised by the State of Washington and by FERC that a county Shoreline Management Act (SMA) permit was needed to process the state certifications. We have explained. FERC provide such [hydroelectric power] licenses . . . is not unlimited.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/96311E1BD528E6CC88256DA2005952F9/$file/0070014.pdf?openelement">OPINION/ORDER</A><BR>
Are vacated. They are replaced by the Opinion and Dissent filed today. The petitions for rehearing and the petition for rehearing en banc are DENIED. The clerk is instructed not to accept for filing any new petitions for rehearing or petitions for rehearing en banc in this case. 13774 ENVIRONMENTAL DEFENSE CENTER v. Sewers are also used on occasion as an easy (if illicit) means for the direct discharge of unwanted contaminants. They are subject to the controls of the Clean Water Act. EPA preserved The
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/953CA73EC0D14D2B88256C4C007B52E4/$file/0116799.pdf?openelement">OPINION/ORDER</A><BR>
We have jurisdiction under 28 U.S.C. § 1291. Arizona's 1989 version of the statute was first held unconstitutional by the United States District Court for the District of Arizona in 1992. The court enjoined enforcement of the statute on the grounds that the medical procedure provision was unconstitutionally vague. The definition of medical emergency was unconstitutionally narrow. The court held that two provisions were unconstitutionally vague: the requirement that a request for judicial authorization for abortion without parental consent be determined
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/92D9E570909DEB7688256E5A00707D20/$file/9971308.pdf?openelement">OPINION/ORDER</A><BR>
We have jurisdiction pursuant to 8 U.S.C. § 1252(b). He was in the Iraqi military from 1984 until 1992 and thereafter until he left Iraq he was a civilian government worker assigned to work with the military. When he initially applied for military service in 1984 he claimed to be a Sunni Muslim from Baghdad even though he was a Shiite Muslim from AlBashra. He stated he misrepresented his religion and place of birth because there was discrimination against Shiite Muslims. The truth was revealed when his father completed a census form stating that his family was Shiite. Al Saher was arrested in 1997 for misrepresenting his religion and place of birth. He was detained. 14869 and the only thing I felt was getting beaten up. I felt like a ball and they were just having fun. He explained that at that time his father was trying to get in contact with high authority so that he would not be beaten up. As he left they told him that he was to tell no one about his experience. Stating
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8D5923F77193B69A88256E5A00707BC6/$file/9871087.pdf?openelement">OPINION/ORDER</A><BR>
Fletcher was drawn to replace him. I. The BIA's factual determinations are reviewed under the substantial evidence standard. We may reverse if the evidence is such that a reasonable factfinder would be compelled to conclude that a well founded fear of persecution has been established. Lal was a prominent member of the Fijian Labor Party. The Labor Party was successful in its 1987 electoral bid. Which was controlled by members of the native Fijian population. Lal was dragged from his 1 The application for asylum is based on Mr. Since the applications of both his wife and child are derivative of his claim. We will focus on Mr. He was placed in detention and held for three days by the army. Explaining that his treatment was in retaliation for his work on behalf of the Labor Party. Lal was stripped of his clothes. Urine was forced into his mouth. He was cut with knives and singed with burning cigarettes. He was deprived of food and water. Lal was in jail. Sometime after he was released from detention. Lal was forced to watch the assault at gunpoint.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar99/99-11145.opn.html">WILSON V. MINOR (8/4/2000, NO. 99-11145)<BR></A><BR>
The district court found that the 1988 injunction changed the size of the County Commission and was therefore an impermissible remedy for a voting rights violation in light of recent Supreme Court and Eleventh Circuit precedent. Because the law prohibiting changes in the size of a governing body in order to remedy a section 2 violation is plain. We conclude that the district court did not abuse its discretion in vacating the 1988 injunction and affirm its order.</SPAN></P> <P><SPAN STYLE=
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Fletcher was drawn to replace him. ORDER The Government's petition for rehearing is granted to the extent set forth following. Add a footnote at p. 8391 at the end of the last sentence before section
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov99/98-8896.man.html">JOHNSON V. HAMRICK (11/19/1999, NO. 98-8896)<BR></A><BR>
Who are the current members of the Gainesville City Council. We hold that the district court's findings of fact and conclusions of law are not sufficiently detailed that we can ascertain the bases for the district court's ultimate conclusion. BACKGROUND</CENTER> </P> <P> Gainesville is located in Hall County. 000 residents and 20.2% of its total voting age population are black. All of whom are elected at large. While a majority of the voters in Ward 3 are black. A majority of the voters in the other four wards are white. The council members' terms are staggered. There is a majority vote requirement. So a runoff election is required if no candidate receives more than 50% of the vote in the general election.</P> <P> Three contested Gainesville City Council elections have featured a black candidate. The two candidates for the Ward 3 seat were black: John W. Morrow was reelected without opposition until 1990. The parties do not dispute she was the preferred candidate of black voters. Would have altered the judgment. <EM>Johnson v.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct96/95-8171.opa.html">UNITED STATES V. CALHOON<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6DEA7C7711AA444488256E6F005BA923/$file/0235691.pdf?openelement">OPINION/ORDER</A><BR>
The district court determined that section 2 was a constitutional exercise of Congress's powers under the Fourteenth and Fifteenth Amendments. Blaine County challenges both of those rulings.1 We have jurisdiction under 28 U.S.C. § 1291. Is vast and sparsely populated. 009 residents are spread out over 4. The American Indian population is geographically concentrated with 80 percent of the County's American Indians residing on the Fort Belknap Reservation. No American Indian was ever elected to the Blaine County Commission under the at large voting system. Although we agree that the district court's evidentiary rulings were erroneous in one limited respect. We ultimately conclude that this error was harmless. 1 UNITED STATES v. Each commissioner is elected by a majority vote of the entire county. The County moved for summary judgment on the ground that section 2 was unconstitutional because it exceeded the scope of Congress's powers to enforce the Fourteenth and Fifteenth Amendments. The court found that American Indian voters were sufficiently geographically compact and politically cohesive to elect a County Commissioner of their choice.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/540543511BC6143288256AEE0059E697/$file/9971308.pdf?openelement">OPINION/ORDER</A><BR>
We have jurisdiction pursuant to 8 U.S.C. § 1252(b). He was in the Iraqi military from 1984 until 1992 and thereafter until he left Iraq he was a civilian government worker assigned to work with the military. When he initially applied for military service in 1984 he claimed to be a Sunni Muslim from Baghdad even though he was a Shiite Muslim from AlBashra. He stated he misrepresented his religion and place of birth because there was discrimination against Shiite Muslims. The truth was revealed when his father completed a census form stating that his family was Shiite. Al Saher was arrested in 1997 for misrepresenting his religion and place of birth. He was detained. 14869 and the only thing I felt was getting beaten up. I felt like a ball and they were just having fun. He explained that at that time his father was trying to get in contact with high authority so that he would not be beaten up. As he left they told him that he was to tell no one about his experience. Stating
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/53EE1C88927D5D9D88256F23005032D0/$file/0335235.pdf?openelement">OPINION/ORDER</A><BR>
Was arbitrary and capricious and contrary to law in violation of the Administrative Procedure Act (APA). The district court concluded that the 2001 ROD was not arbitrary and capricious or contrary to law. We have jurisdiction on appeal under 28 U.S.C. § 1291. The electric power generated by the Federal Columbia River Power System is marketed by the Bonneville Power Administration. The Lower Granite dam are on the lower Snake River1 in Washington state and are the subject of this The lower Snake River spans a 140 mile stretch of the Snake River. Each of these dams was built pursuant to Congressional mandate. For the four dams that are the subject of this lawsuit. No exemption was sought or received in this case. 4 The Washington State Department of Ecology has the authority to promulgate water quality standards to carry out the provisions of Chapter 90 of the Washington Revised Code. Of which certain portions thereof are within the jurisdictional limits of this state. No temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3oC.
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Sewers are also used on occasion as an easy (if illicit) means for the direct discharge of unwanted contaminants. They are subject to the controls of the Clean Water Act. 578 ENVIRONMENTAL DEFENSE CENTER v. The Problem of Stormwater Runoff Stormwater runoff is one of the most significant sources of water pollution in the nation. SediThe
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Defendant Pablo Arenas Ortiz was convicted of illegally re entering the United States after having been deported in violation of 8 U.S.C. § 1326. Because Arenas Ortiz has failed to present evidence that similarly situated individuals could have been prosecuted. Were not. Is that
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The opinion is reported as Al Saher v. It is ordered that the opinion be amended to reflect the correct INS number. Which is INS No. We have jurisdiction pursuant to 8 U.S.C. § 1252(b). He was in the Iraqi military from 1984 until 1992 and thereafter until he left Iraq he was a civilian government worker assigned to work with the military. When he initially applied for military service in 1984 he claimed to be a Sunni Muslim from Baghdad even though he was a Shiite Muslim from AlBashra. He stated he misrepresented his religion and place of birth because there was discrimination against Shiite Muslims. The truth was revealed when his father completed a census form stating that his family was Shiite. 724 AL SAHER v. INS Al Saher was arrested in 1997 for misrepresenting his religion and place of birth. He was detained. The only thing I felt was getting beaten up. I felt like a ball and they were just having fun. He explained that at that time his father was trying to get in contact with high authority so that he would not be beaten up.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2F2EFC35C3CDFF70882571CA007F9587/$file/0355601.pdf?openelement">OPINION/ORDER</A><BR>
John Will Ongman. Which was both the administrator and the funding source of the plan. We have returned to first principles. As we will explain below. This case requires us to consider how a court is to review an ERISA plan administrator's decision when the procedure that produced the decision did not follow all statutory requirements. For the reasons that we will develop. The administrator is not. Only life insurance is at issue in this appeal. The life insurance policy under the plan was originally issued by Home Life Financial Assurance Company. Alta is the successor in interest to Home Life's rights and responsibilities. The insured may request what is commonly referred to as a
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2EFFDC8EDB9D01668825729C0052C35D/$file/0472672.pdf?openelement">OPINION/ORDER</A><BR>
The opinion is withdrawn and a substituted opinion is filed concurrently with this order. The petition for rehearing is DENIED. When he was fired. UTA alleged that Polone was terminated for
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2E5F3A673466BE058825734D0052AF1C/$file/0399010.pdf?openelement">OPINION/ORDER</A><BR>
The jury unanimously returned a recommendation of a sentence of death as to each of the two victims who were murdered. They were picked up by a trucker who took them part of the way. It is a 35 minute drive that the two made in Slim's pewter colored double cab Sierra GMC pickup truck. Denison was unable to assist her. That is the last time they were seen alive. Slim and Jane were in front. Her body was pulled onto the rear seat. Jane was put next to her. Slim's body was dragged out. Jane was ordered out of the truck and told by Mitchell
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/24CB44D4ABF7AFD088256DA2005DA6D6/$file/0356498.pdf?openelement">OPINION/ORDER</A><BR>
California voters will be asked to cast a ballot on some of the most important issues facing the State. Forty four percent of the electorate will be forced to use a voting system so flawed that the Secretary of State has officially deemed it
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept99/98-6797.man.html">JONES V. APFEL (9/29/1999, NO. 98-6797)<BR></A><BR>
We are called upon to decide if the testimony of a vocational expert (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-7011.wpd">OPINION/ORDER</A><BR>
Was fired from her job at a nursing home. We conclude that the district court did not err in partially denying the nursing home's motion for judgment as a matter of law but that it should not have granted the motion with regard to punitive damages. A viral disease that is transmitted by blood to blood contact. Edwards began regular medical treatment in 2000 and by January 2001 there was no detectable amount of the hepatitis C virus in her blood. Although according to her physician she will always have chronic hepatitis. Please indicate if you are under a doctor's care or taking medications now.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/08878B3F87AA23AB88256B970082A04D/$file/9935932.pdf?openelement">OPINION/ORDER</A><BR>
Tidyman's argues that the district court abused its discretion by denying Tidyman's' motion for a new trial on the grounds that the evidence was insufficient. That the size of the jury verdict was excessive. Tidyman's argues that the Washington state law is intended to cover only accrued wages that are not paid. Arguing that we should not apply the Title VII damages cap to these awards because it is unconstitutional. We have jurisdiction under 28 U.S.C. § 1291. We reverse the district court's determination that the plaintiffs were not entitled to punitive damages. We conclude that Title VII's cap on punitive damages is constitutional. Was promoted to officer manager. Hemmings was promoted to controller in 1987. Hemmings was concerned about the lack of women in management positions at Tidyman's and what she perceived as roadblocks to their promotions. Was promoted to Chief Operating Officer and the CFO position opened. Trial witnesses testified that Hemmings was wellqualified for the CFO position. Hemmings was interviewed for the position along with another woman and one man.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr98/96-2788.man.html">KIMEL V. FLORIDA BD. OF REGENTS (4/30/1998, NO. 96-2788)<BR></A><BR>
Circuit Judge:<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/12/992007P.pdf">OPINION/ORDER</A><BR>
Were given as security for the loan. The Clarins began to have trouble making payments in September 1996. Clarin's car was about to be towed from the company parking lot.5 Ms. Claims to have no documentation of the arrangement. This factual dispute has no bearing on our resolution of this case since it is undisputed that the Clarins failed to comply with the terms of the loan agreement. 5 4 Ms. Two men employed by Minnesota Repossessors were preparing it for towing. She did not further protest the repossession and the car was towed. The district court found that there was no breach of the peace under the UCC. The Fair Debt Collection Practices Act was not violated. Clarin's oral protests was a breach of the peace violating the UCC. They argue that Minnesota Repossessors did not have the right to possess the Clarins's car because of the breach of the peace causing a violation of the Fair Debt Collection Practices Act.6 Minnesota Repossessors made a motion to supplement the record. Note that the supplemental information is not relevant to our decision. 3 6 II.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/11/982122P.pdf">OPINION/ORDER</A><BR>
Boston contends his criminal trial was constitutionally flawed because the jury panel selected for his case did not represent a fair cross section of the community. The jury that served was [a] fair cross section.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/96-3021.man.html">BLACKFEET NAT'L BANK V. NELSON (4/5/1999, NO. 96-3021)<BR></A><BR>
Seeking a declaratory judgment that its sale of the Retirement CD was authorized by the National Bank Act (the
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/01/974386P.pdf">OPINION/ORDER</A><BR>
I. Background Rental Research is a credit reporting agency that provides information about prospective tenants to subscribing landlords. Rental Research prepared an
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/11/963786P.pdf">OPINION/ORDER</A><BR>
I. We begin with the facts of the crime for which Mallett was tried by a jury. Mallett replied that he did not have his license with him and falsely claimed to be Anthony Mallett. Who is actually petitioner Jerome Mallett's brother. Trooper Froemsdorf informed the dispatcher that Mallett was in custody While Mallett's habeas petition was pending with the District Court. Where Mallett was incarcerated. The events occurring after Trooper Froemsdorf's final transmission and before the discovery of his body were deduced at trial. Trooper Froemsdorf's ticket book containing the partially written ticket later was found on the front passenger seat of the patrol car. Aided by a childhood injury to his right thumb allowing him to compress his hand so that it was scarcely larger than the diameter of his wrist. When Mallett subsequently was captured. The severity of the cut near Trooper Froemsdorf's eye suggested the blow would have temporarily blinded him. While Trooper Froemsdorf was unable to see. Was found imbedded in the trooper's bullet proof vest.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/09/974099P.pdf">OPINION/ORDER</A><BR>
2 were not
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/07/973075U.pdf">OPINION/ORDER</A><BR>
Concluding the proposed class
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2000/99-11145.man.html">WILSON V. MINOR (8/4/2000, NO. 99-11145)<BR></A><BR>
The district court found that the 1988 injunction changed the size of the County Commission and was therefore an impermissible remedy for a voting rights violation in light of recent Supreme Court and Eleventh Circuit precedent. Because the law prohibiting changes in the size of a governing body in order to remedy a section 2 violation is plain. We conclude that the district court did not abuse its discretion in vacating the 1988 injunction and affirm its order.</SPAN></P> <P><SPAN STYLE=
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/09/971364P.pdf">OPINION/ORDER</A><BR>
The plaintiffs have cross appealed from the district court's refusal to order a special election. The total black voting age population (BVAP) of the district is 31.04%. Two of the singlemember zones would have a BVAP of greater than 60%. The district court expressed its concern that race was the only reason for the redrawing of the districts. Finding that the districts created thereunder were compact in nature and followed natural boundaries. If the plan does not This plan was prepared in accordance with Ark. We cannot say that the district court erred in finding that the adoption of the Lynch plan was necessary to accomplish both goals. The school district acknowledges that proportionality is not a safe harbor. Which is less than the BVAP of 31.04% and the total black population of 37.5%. Even assuming that 28.5% of the school board is relatively proportional to 31.04% BVAP. The inability of black voters to affect the at large elections under the 5 2 plan is no different from what it was under the previous electoral scheme.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec97/97-2192.man.html">HILL V. BUTTERWORTH (12/15/1997, NO. 97-2192)<BR></A><BR>
Chief Judge:</P> <P> The important issue in this case is whether the district court erred in ruling that the State of Florida has not achieved
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/11/951784P.pdf">OPINION/ORDER</A><BR>
This court is without jurisdiction to consider this appeal. granting summary judgment and dismissing this action. Been a rather lucrative enterprise. of the gaming revenues members. 3 A portion are distributed. Realizing that this dispute turns on whether or not those so designated are legitimately eligible for membership. 33 2 1 officials4 alleging that some ineligible persons were improperly receiving payments. That other eligible persons were being denied payments to which they were entitled. Was treated as an appeal from an interlocutory order and was dismissed by an administrative panel of this The dismissal was later vacated and clarified by the administrative The panel's clarification affirmed its dismissal as to the tribal defendants but stated that the appeal of the denial of injunctive relief remained pending as to the federal defendants. The defendants will be separated into two groups: (1)
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/953378P.pdf">OPINION/ORDER</A><BR>
Louis School District (School District) is the largest in Missouri. The School District is governed by the Board of Education. Four seats on the Board are contested in at large Each eligible city resident has four votes which can be allocated. Thereby marginally enhancing the weight of the votes that the voter does cast. receiving the most votes from throughout the city are elected. African American candidates have consistently held seats on the Board of Education.2 and 1995. African American candidates have won twentyone of the sixty six (31%) Board seats available in elections between 1967 Of the thirty eight seats contested from 1977 to 1995. Eleven (28.9%) were filled by African American candidates and another eleven (28.9%) were filled by white candidates who received enough AfricanAmerican votes to have won The Plaintiffs appeal and we affirm. We are uncertain of the makeup of the Board prior to 1967. 2 2 if only African American voters participated. An additional seven seats on the Board of Education were filled through uncontested elections. 4 3 Section 1973 states: (a) No voting qualification or prerequisite to voting or any standard.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/951996P.pdf">OPINION/ORDER</A><BR>
Stephanie Cannon and Keith Anthony Cannon were convicted of various drug and firearm conduct offenses. in They of challenge their the validity of their and convictions. A reasonable jury could have found the following. An undercover officer with the West Central Minnesota Drug Task Force. were videotaped. When the parties were introduced by a confidential informant. Defendants sold cocaine base to Agent Sherbrooke and told him they were interested in acquiring firearms. again in Alexandria within a week. Defendants sold more cocaine base to Sherbrooke less than a week later. interested in When Sherbrooke asked Defendants whether they were still obtaining firearms. Defendants again indicated their The parties made arrangements to meet The first transaction was recorded on audio tape. He explained that the When Sherbrooke deal would have to take place in North Dakota. Because there was an arrest warrant out for his supplier in Minnesota. kidded Defendants about their reasons for wanting the weapons. Defendants said they were
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/05/951710U.pdf">OPINION/ORDER</A><BR>
We affirm the district court's defendants did not intentionally discriminate against him is clearly Dirden is an African American and owns property located in
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/04/952980U.pdf">OPINION/ORDER</A><BR>
United States Department of complaining tenant also indicated there were four or more people living in Carlson then instructed Summy to ask the Bad After an investigation. Summy contend the ALJ's decision is not supported by substantial evidence. 1457 (10th fewer people because the apartment is small. The Secretary relies on a letter Carlson wrote HUD which states Carlson asked the Bad Horses to leave because they had a dispute with the tenant downstairs and because Carlson believed there were four people living in the Bad Horses' apartment. from Summy containing similar The Secretary also points to a letter 2 statements. The record simply does not support the ALJ's decision that Carlson and Summy were enforcing a three person maximum when they asked the Bad Horses to move out. There is no substantial evidence that Summy believed Carlson was asking him not to rent to families. the past. was Carlson's personal friend and knew Carlson had rented to families in Summy continued to rent the upstairs apartment to families with We see no violation of § 3604(c). children.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/01/952180P.pdf">OPINION/ORDER</A><BR>
Rogers was indicted by a grand jury for the robbery of the United Security Savings Bank of Davenport. Rogers' counsel was informed that Rogers would not leave his cell. No objection was made to this procedure at the arraignment or at trial. Rogers' motion was denied. His total sentence was 380 months imprisonment. We recognize that we are bound by a previous decision by our court. Prospective jurors are selected from a master jury wheel. Which is filled every four years with names from voter registration lists or lists of actual voters. Eighty nine jurors were summoned for jury selection. All eighty nine were white. Rogers' counsel urged our court to consider the difficulty of convincing an African American client that the system that produced this jury pool is fair. Is a concern the Supreme Court explicitly recognized in Taylor v. He must show: (1) that the group alleged to be excluded is a `distinctive' group in the community. (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-1427.wpd">OPINION/ORDER</A><BR>
SMG claimed CPI breached the contract by failing to make the final (1) This order and judgment is not binding precedent except under the doctrines of law of the case. As well as (3) the district court's threshold ruling that CPI's proffered expert testimony was inadmissible under Federal Rules of Evidence 702. Background Factual Background SMG is a marketing company that maintains lists of names and addresses of children. CPI is an education and career preparation company that provides products and services to college bound high school students. The significance of this provision will be discussed in greater detail below. <hr> Rental Ag. IV. In the event any payment is more than ten (10) days late. Suspend Lessee's ability to utilize the High School Records until such time as all amounts owed to SMG are paid in full. It is agreed that a monthly payment not paid by its due date will be subject to a late charge of ten percent (10%). If collection efforts are required. The quantity term
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/09/053304P.pdf">OPINION/ORDER</A><BR>
The Board found that she was not credible. Found that her application was frivolous. She was authorized to stay in the United States through October 5. She then declared and swore that contents of the application were true. The petitioner did not amend several The record in this case is a mix of admittedly false statements. Statements that an immigration judge (
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/08/054010P.pdf">OPINION/ORDER</A><BR>
The redistricting plan (the Plan) created a 105 member state legislature that was split into thirty five districts. District 28 was an exception. It was divided into two single member districts: District 28A and 28B. There were only two Indian majority districts in the plan. At issue is whether the Plan violated Section 2 of the Voting Rights Act by packing District 27 with Native Americans at the expense of District 26. Much of this population is geographically compact.2 Under the Plan. Only three state house seats and one state senate seat are in Indian majority The Honorable Karen Schreier. Two state house seats and a state senate seat are in District 27 where Native Americans comprise eighty six percent of the voting age population. Certification was granted and the defendants were given thirty days after the state supreme court's decision to propose a remedy. Although the South Dakota Supreme Court decided the legislature did indeed have the continuing power and duty to redistrict when the past apportionment resulted in a Section 2 violation.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/08/052513P.pdf">OPINION/ORDER</A><BR>
I. Background Green is an African American female who was employed by Franklin National Bank. Because we are hearing this case as the result of a grant of summary judgment. The factual background of Green's claims is complicated. She was transferred to the Washington Avenue location after complaining that a teller at the Blaisdell branch called her
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/11/033997P.pdf">OPINION/ORDER</A><BR>
Is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). 1 request for relief under the Convention Against Torture (CAT). Credible evidence that petitioners' fear of future persecution is well founded. Petitioners met and were married in the United States. Have a son and a daughter. Petitioners wish to have at least four children. They fear that if they are forced to return to China. They will suffer persecution. Chinese government authorities are aware. Or will be notified. That petitioners have more than one child. Petitioners will have to reestablish their household by registering with the government. Will be required to report their two children. The petitioners have not waived their right to appellate review of the IJ's forthcoming determination on the withholding of removal/deportation and CAT claims. 22 to the government that she was married in the United States and has two children. When her brother informed the officials that she has two children and intends to have more.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/09/042346P.pdf">OPINION/ORDER</A><BR>
Concluding that
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/08/041614P.pdf">OPINION/ORDER</A><BR>
Public housing rental units in which rent was a percentage of the occupants' income. Low income tax credit units in which rent was a percentage of the area median income. The infrastructure improvements were designed to eliminate the
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/07/042459P.pdf">OPINION/ORDER</A><BR>
Which was covered with tarps. Aware that Anderson was coming to his house. After concluding that Anderson was not involved in the theft. Keller's
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/07/034025P.pdf">OPINION/ORDER</A><BR>
Is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). 1 withholding of removal. We conclude the denial of relief was not supported by substantial evidence. I Zheng was born on March 12. Zheng and her husband presently have three United States citizen children: a son. Both have been granted asylum based on China's birth control policies. Zheng testified she feared returning to China because she believes upon return she will be arrested immediately and either she or her husband will be forcibly sterilized because she had a second child when her first child was a boy. She testified she and her husband would like to have more children and do not practice any form of birth control. She testified she fears she will be subject to forced sterilization or abortion because of China's family planning policies. Zheng further testified her fear of returning to China is also based on the experiences of her sister. Was arrested and given an injection causing an abortion. Zheng stated that prior to her departure from China she did not have problems with China's birth control policy.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/08/00-2166.htm">00-2166 -- SAENZ V. DEPT. OF INTERIOR -- 08/08/2001<BR></A><BR>
We have jurisdiction pursuant to 28 U.S.C.
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