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1000 OPINION/ORDER
934 OPINION/ORDER
I. BACKGROUND The background of this case is thoroughly discussed in the findings of fact of the district court. CFE's basic complaint is that MHSAA discriminates against female high school athletes by scheduling girls' sports to play in disadvantageous. Our task is now to reevaluate this claim in light of the Supreme Court's GVR. CFE responds by contending that Rancho Palos Verdes does not apply to the present case and that CFE is therefore entitled to prevail under both Title IX and § 1983. Standard of review Constitutional and statutory interpretation questions are issues of law. Or recent developments that we have reason to believe the court below did not fully consider. A GVR order is . . . potentially appropriate. 167 (1996) (holding that a GVR is
913 OPINION/ORDER
1 have taken this interlocutory appeal from the district court's order denying their motions for class certification and preliminary injunction. The other seventeen property owners are George Cashin. The other appellees are the Glynn County Board of Equalization. The Glynn County Board of Education and City Commission of the City of Brunswick have not joined in the cross appeal. 2 2 1 * jurisdiction over this lawsuit. I. The essential background and procedural facts are these. This lawsuit arises out of a grievance they have with the way Glynn County assessed their ad valorem property taxes in the year 2000. Glynn County's system for assessing property taxes and adjudicating assessment disputes is complex. Which is responsible for assessing the county's property taxes. At which point the Board must notify any taxpayers whose assessments have been changed within five days. See O.C.G.A. § 48 5 302. 3 A taxpayer who is dissatisfied with the Board's reassessment of his property may appeal through the process set forth in O.C.G.A. § 48 5 311.
911 OPINION/ORDER
We hold that plaintiffs' possessory land claim is subject to the defense of laches and conclude that the claim must be barred on that basis. Circuit Judge: We are here confronted by land claims of historic vintage the wrongs alleged occurred over two hundred years ago. This action is itself twenty five years old which we must adjudicate against a legal backdrop that has evolved since the District Court's rulings. Determined (1) that treaties between the Cayuga Nation and the State of New York in 1795 and 1807 were not properly ratified by the federal government and were thus invalid under the Nonintercourse Act. That plaintiffs were entitled to about $211 million in prejudgment interest. We conclude that the possessory land claim alleged here is the type of claim to which a laches defense can be applied. We further conclude that plaintiffs' claim is barred by laches. The Cayuga Nation owned and occupied approximately three million acres of land in what is now New York State. Successive versions of the Act have been continuously in force from that time to the present day.
911 OPINION/ORDER
We hold that plaintiffs' possessory land claim is subject to the defense of laches and conclude that the claim must be barred on that basis. Circuit Judge: We are here confronted by land claims of historic vintage the wrongs alleged occurred over two hundred years ago. This action is itself twenty five years old which we must adjudicate against a legal backdrop that has evolved since the District Court's rulings. Determined (1) that treaties between the Cayuga Nation and the State of New York in 1795 and 1807 were not properly ratified by the federal government and were thus invalid under the Nonintercourse Act. That plaintiffs were entitled to about $211 million in prejudgment interest. We conclude that the possessory land claim alleged here is the type of claim to which a laches defense can be applied. We further conclude that plaintiffs' claim is barred by laches. Historical Background Plaintiffs allege that from time immemorial until the late eighteenth century the Cayuga Nation owned and occupied approximately three million acres of land in what is now New York State.
904 OPINION/ORDER
It is an authority constrained by no less a power than that of the People themselves. The constitution is written.
893 OPINION/ORDER
The fruit of these negotiations was the Revised Desegregation and Education Plan (Revised Plan). It was agreed that if LRSD substantially complied with the terms of the Revised Plan. If this assessment reveals that a program has not and likely will not improve African American achievement. LRSD shall take appropriate action in the form of either modifying how the program is implemented or replacing the program. Following what it believed was its substantial compliance with section 2.7.1 and the 2002 Remedy. It is from this judgment that LRSD now appeals. 4 II. The constitutional requirements for unitary status are set forth in Green v. The impetus for section 2.7 is colloquially referred to as the
882 OPINION/ORDER
The CPA was set to expire on December 31. Neither party shall have any liability for damages to or lost profits of the other.
880 OPINION/ORDER
2006 after the case was initially argued and continues to participate in the matter pursuant to I.O.P 9.6.4. Regarding the availability of § 1983 to redress violations of federal statutory rights and the opinions of our sister courts of appeals that have questioned Matula. Held that the alleged violations of plaintiff's rights were actionable under § 1983 and denied defendants' motion for summary judgment on the ground of qualified immunity. Concluding that plaintiff's cause of action could be maintained and there was sufficient evidence for a jury to find that defendants violated clearly established federal law. We will reverse. Wherein we specifically reasoned that § 1983 was available to redress a violation of a student's rights secured by the IDEA. The District Court also rejected defendants' argument that individuals could not be sued under § 1983 for alleged violations of the IDEA and Section 504 because these statutes impose liability only on entities that The procedure leading to the amendment of A.W.'s original complaint was as follows: the NJDOE defendants.
880 OPINION/ORDER
With him on the briefs were Robert F. Brink mann were on the brief for amici curiae Chamber of Commerce of the United States of America. On the brief were Peter D. The only circuit then to have considered
876 OPINION/ORDER
When a dispute arose as to whether Serralles was entitled to damages for breach of the agreement. Seeking a determination that Serralles is limited under the agreement to the exclusive remedy of repair. Contends that it is entitled to the full array of remedies provided by the South Carolina Uniform Commercial Code (the
861 OPINION/ORDER
Alleging that Triangle was negligent and/or breached an express or implied warranty when it recommended and sold Players a certain maritime sealant for the insulation covering the air conditioning ducts on its casino vessel. Players also sought a declaratory judgment that Triangle was liable for the economic damages 2 No. 01 3860 allegedly resulting from this negligence and/or breach of warranty. The ductwork was completely encased by the insulation and was therefore not visible to Holder.
856 03-5124 -- MILLSAP V. MCDONNELL DOUGLAS CORP. -- 05/21/2004

Any other damages based upon backpay) are available as
856 SCLC V. SESSIONS

This document was created from RTF source by rtftohtml version 2.7.5 > SCLC v. Chief Judge:<p> <p> Appellant Southern Christian Leadership Conference ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="856"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june95/92-6257.man.html">SCLC V. SESSIONS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>SCLC v. Chief Judge:<p> <p> Appellant Southern Christian Leadership Conference ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="856"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/35CFA55410AC01FD88256E5A00707C1E/$file/9955599.pdf?openelement">OPINION/ORDER</A><BR> Private individuals may bring qui tam civil actions against entities that have defrauded the government. If an FCA suit is brought by a private individual ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="856"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FCB1FCFE4F33248A88256A9C00816665/$file/9955599.pdf?openelement">OPINION/ORDER</A><BR> Private individuals may bring qui tam civil actions against entities that have defrauded the government. If an FCA suit is brought by a private individual ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="852"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/01/00-3224.htm">00-3224 -- BEEM V. MCKUNE -- 01/27/2003<BR></A><BR> Their cases were consolidated for our review. Background</u> <p> Beem was charged in the District Court of Reno County. Arguing that because he was related to his victim. He should have been charged with aggravated incest rather than indecent liberties with a child pursuant to a state law rule announced in <u>State v. The Kansas Supreme Court denied review. <p> Henson was charged in the District Court of Miami County. Because the victim was his step daughter. He should have been charged with aggravated incest </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="852"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1997/97a1693p.txt">OPINION/ORDER</A><BR> We are confronted with a tension between bankruptcy law and labor law. These claims were based on alleged seniority integration rights stemming from a pending labor arbitration dispute and were filed following Continental's acquisition of Eastern and subsequent refusal to bargain over the seniority integration of Eastern's pilots. Both of which are no longer represented by ALPA. Appealed to this court.1 Resolution of this dispute requires us to determine: (1) whether the bankruptcy claims that the LPP Claimants and the Group of 31 seek to enforce constitute </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="848"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec94/92-2588.opa.html">NIPPER V. SMITH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Nipper v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="848"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec94/92-2588.opa.html">NIPPER V. SMITH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Nipper v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="843"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5212a.html">U.S. V. MICROSOFT<BR></A><BR> Holley argued the causes for appellant.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="843"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200106/00-5212a.txt">OPINION/ORDER</A><BR> With them on the briefs were John L. Prabhu were on the brief of amici curiae The Association for Competitive Technology and Computing Technology Industry Association in support of appellant. Burton was on the brief for amicus curiae Center for the Moral Defense of Capitalism in support of appellant. Getman was on the brief for amicus curiae Association for Objective Law in support of appellant. With them on the brief were A. Naughton were on the brief for amici curiae America Online. Was on the brief for amicus curiae Lee A. Was on the brief for amicus curiae Carl Lundgren. There are three principal aspects of this appeal. Because the substantive provisions of the order are flawed. Microsoft asserts that the trial judge committed ethical violations by engaging in impermissible ex parte contacts and making inappropriate public comments on the merits of the case while it was pending. The oral arguments before this court we find that some but not all of Microsoft's liability challenges have merit. There are several reasons supporting this conclusion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="843"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-5100.pdf">OPINION/ORDER</A><BR> With him on the brief was John S. Of counsel on the brief were James F. With her on the brief were Peter D. The United States is liable for the use of a method patent only when it practices every step of the claimed method in the United States. I. Zoltek Corporation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="839"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/024844.P.pdf">OPINION/ORDER</A><BR> She was held to her end of the bargain. While the Government was free not to perform its end of the bargain. The facts are taken from Holbrook's Presentence Investigation Report (PSR). He had told several individuals that he was removing Holbrook as a beneficiary of his government benefits and life insurance policies. Because Holbrook committed this prior offense when her name was Agnes Bernice Phillips. Holbrook determined that the gun was in need of repairs and had a friend return it to the dealer. Wuderman was not a licensed firearms dealer. HOLBROOK of the shooting remain somewhat a mystery because Holbrook was the only witness to the shooting. Are undisputed. He had told someone that he was going to pick up his kids to go play ball. Although it is unclear from the evidence why Larry drove to Holbrook's residence on March 24. Their investigation found that Larry Holbrook had no gunpowder residue on his hands and his fingerprints were not found on the weapon. Larry must have found in its hiding place behind her dresser mirror. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="835"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19963547.MAN.pdf">OPINION/ORDER</A><BR> All eleven judges on the Second Circuit are elected in at large. The four judges on the Leon County Court are elected in at large. The black population is concentrated in a few areas. The Second Circuit Court is a trial court of general jurisdiction. While the Leon County Court is a trial court of limited jurisdiction. Incumbents do not have to run against each other. In the few elections in which black candidates have competed against white candidates (prior to Davis's initiation of this litigation). Have little probative value. 92 L.Ed.2d 25 (1986) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="835"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr98/96-3547.man.html">DAVIS V. CHILES (4/30/1998, NO. 96-3547)<BR></A><BR> All eleven judges on the Second Circuit are elected in at large. The four judges on the Leon County Court are elected in at large. The black population is concentrated in a few areas. The Second Circuit Court is a trial court of general jurisdiction. While the Leon County Court is a trial court of limited jurisdiction. In the few elections in which black candidates have competed against white candidates (prior to Davis's initiation of this litigation). In which black and white voters have preferred different white candidates.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="835"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19963547.OPN.pdf">OPINION/ORDER</A><BR> All eleven judges on the Second Circuit are elected in at large. The four judges on the Leon County Court are elected in at large. The black population is concentrated in a few areas. Incumbents do not have 3 1 staggered terms. The Second Circuit Court is a trial court of general jurisdiction. While the Leon County Court is a trial court of limited jurisdiction. In the few elections in which black candidates have competed against white candidates (prior to Davis's initiation of this litigation). Have little probative value. Racial block voting has become </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="835"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr98/96-3547.man.html">DAVIS V. CHILES (4/30/1998, NO. 96-3547)<BR></A><BR> All eleven judges on the Second Circuit are elected in at large. The four judges on the Leon County Court are elected in at large. The black population is concentrated in a few areas. The Second Circuit Court is a trial court of general jurisdiction. While the Leon County Court is a trial court of limited jurisdiction. In the few elections in which black candidates have competed against white candidates (prior to Davis's initiation of this litigation). In which black and white voters have preferred different white candidates.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="815"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F77D6A47DD1A0B2388256FBD005EF713/$file/0255185.pdf?openelement">OPINION/ORDER</A><BR> California state prisoner Michael Wayne Riggs (Riggs) filed a habeas petition seeking to set aside his conviction on the basis that he was denied effective assistance of counsel during the plea bargaining stage of his criminal prosecution. Because the remedy fashioned by the district court was within its discretionary bounds. I. BACKGROUND Riggs was charged with petty theft in the Superior Court of RIGGS v. The prosecutor was unaware that she could charge four </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="815"></TD> <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 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="815"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052492p.pdf">OPINION/ORDER</A><BR> He was sentenced to 15 42 years' imprisonment. We will affirm. We have jurisdiction over his appeal pursuant to 28 U.S.C. §§ 1291. The Commonwealth of Pennsylvania filed an 11 count Information against McKeever arising out of his possession and delivery of heroin. (16).1 He was charged with six counts of delivery of a controlled substance. Were made concurrent with one of the six drug delivery counts. They did not have any effect on the actual length of his sentence. The drug delivery counts were made consecutive with each other. The details of the sentencing scheme as set forth in the plea agreement are as follows: Count I (dealing in proceeds of unlawful activities): 1 5 years concurrent with Count V. The Supreme Court of Pennsylvania held that the amended act was to be applied prospectively only. Collaterally challenged his sentence under the Pennsylvania Post Conviction Relief Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="809"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200003/98-1570a.txt">OPINION/ORDER</A><BR> With her on the brief were Linda Sher. With her on the brief were Jonathan P. When the Board learned that one of these employees was an undocumented alien. It denied him reinstatement and terminated his backpay as of the date the employer discovered he was unauthorized to work. Because the Supreme Court has held that undocumented workers are protected by the National Labor Relations Act. Because the limited reme dy awarded here is within the Board's discretion and furthers the purposes of both labor and immigration law. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="804"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="798"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1994/94a0875p.txt">OPINION/ORDER</A><BR> These consolidated interlocutory cross appeals before us pursuant to 28 U.S.C. § 1292(b) (1993) present an interesting and important question of maritime law: whether state wrongful death and survival statutes are displaced by a federal maritime rule of decision concerning the remedies available for the death of a recreational boater occurring within state territorial waters. [fn1] which are explicitly excluded from the reach of the Death on the High Seas Act. The remedies at issue are loss of society. Was killed in a boating accident in the waters off Puerto Rico. Fashioned a federal common law rule applicable to cases involving the death of a non seaman in territorial waters under which future earnings and punitive damages are not recoverable but damages for loss of society or support are. Each party sought certification to appeal the portion of the court's ruling that was unfavorable. Our analysis of the Supreme Court's maritime wrongful death jurisprudence reveals that there is no federal substantive policy with which state wrongful death or survival statutes conflict here. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="798"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0854C811179B91CC88256F4A000156D0/$file/0335381.pdf?openelement">OPINION/ORDER</A><BR> The International Fuel Tax Agreement is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="798"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19947024.MAN.pdf">OPINION/ORDER</A><BR> The Court of Civil Appeals1 are elected to office in at large partisan elections. 2 In this case. White The judicial power of Alabama is vested exclusively in a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="798"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19947024.OPN.pdf">OPINION/ORDER</A><BR> The Court of Civil Appeals1 are elected to office in at large partisan elections.2 The judicial power of Alabama is vested exclusively in a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="793"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031985.P.pdf">OPINION/ORDER</A><BR> First line of footnote * </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="787"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2000/98-2911.opn.html">CHRIS HORTON V. BD. OF COUNTY COMMISSIONERS OF FLAGLER COUNTY (2/1/2000, NO. 98-2911)<BR></A><BR> The defendants have appealed.</P> <P> This appeal presents us with the question of whether a federal court should remand a federal procedural due process claim to state court on <U>McKinney v. We conclude that the answer is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="787"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032760p.pdf">OPINION/ORDER</A><BR> We have jurisdiction over Honeywell's consolidated appeals pursuant to 28 U.S.C. § 1291 and will affirm. 3 I. The piling of the waste created a land mass (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="787"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2000/98-2911.opn.html">CHRIS HORTON V. BD. OF COUNTY COMMISSIONERS OF FLAGLER COUNTY (2/1/2000, NO. 98-2911)<BR></A><BR> The defendants have appealed.</P> <P> This appeal presents us with the question of whether a federal court should remand a federal procedural due process claim to state court on <U>McKinney v. We conclude that the answer is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="783"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0B2E526E11618CBA88257210007B1F4A/$file/0435253.pdf?openelement">OPINION/ORDER</A><BR> This case presents the question whether a state prisoner who contends that he is actually innocent. Whose principal witness is coerced by the state into not testifying on his behalf. Roger Smith is currently serving a life sentence with a 30 year minimum term. The claims were procedurally defaulted. All we decide is that. Both the facts and the law are complex. The exception on which he relies is known as the Schlup </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="783"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/002247.P.pdf">OPINION/ORDER</A><BR> Line 12 the reference to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="776"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0091p-06.pdf">OPINION/ORDER</A><BR> After the moratorium was lifted. (2) the district court erred when it held that the City was not required to apply the zoning ordinances in effect at the time Wireless filed its applications for building permits. Because we conclude that a § 1983 remedy is available for violations of the TCA. At the time each application was filed. 2002.2 The purpose of the moratorium was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="776"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3FC68213410F1189882571DB005A0F82/$file/0171051ao.pdf?openelement">OPINION/ORDER</A><BR> Nearly 200 petitions for review of the various FERC orders have been filed in our Court. Were the proper subject of the refund proceedings instituted by FERC. The net effect of our decision is to preserve the scope of the existing FERC refund proceedings. (2) FERC's denial of relief for energy sales in which CERS was the purchaser. Tucson Electric Power Company. 22 3 Also before us in this case are the Public Entities'4 and the Bonneville Power Administration's petitions for review of FERC's determination that it had authority to order relief for certain transactions known as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="776"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E1796515EB13DA42882571BD007FC846/$file/0171051.pdf?openelement">OPINION/ORDER</A><BR> McDermott Will & Emery. Nearly 200 petitions for review of the various FERC orders have been filed in our Court. Were the proper subject of the refund proceedings instituted by FERC. The net effect of our decision is to preserve the scope of the existing FERC refund proceedings. (2) FERC's denial of relief for energy sales in which CERS was the purchaser. Also before us in this case are the Public Entities'4 and the Bonneville Power Administration's petitions for review of FERC's determination that it had authority to order relief for certain transactions known as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="776"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-4104.wpd">OPINION/ORDER</A><BR> VanDam was charged with one count of possession of methamphetamine with intent to distribute. The firearm charge was linked only to the October 17. The government conceded that the district court should have suppressed a firearm found in Mr. This Court agreed that the firearm was illegally obtained.(1) See United States v. Since the exclusionary rule is generally inapplicable to sentencing proceedings. VanDam's car was valid because the parking lot in which his car was located functioned as curtilage to the motel room. The search of which was supported by probable cause. <hr> converting the cash in Mr. The government conceded that the district court's original sentence of 168 months was still a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="770"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2191.wpd">OPINION/ORDER</A><BR> This is a case in which the Attorney General for the State of New Mexico (AG) seeks unrestricted money damages exclusively under state law for groundwater contamination in Albuquerque's South Valley. The South Valley is located in a largely industrial area east of the Rio Grande River and west of the Albuquerque International Sunport. The property from which the chemical contamination involved in this case originated is located on the western portion of the site. As it is commonly known. The EPA's first task was to determine if initial remedial measures were necessary to mitigate potential threats to human health and/or the environment connected with the shutdown of SJ 6. The EPA noted certain contaminants detected during 1984 well sampling were suspected carcinogens with recommended maximum contaminant levels of zero in drinking water. The EPA concluded the water quality of SJ 6 was unfit for human consumption. Were therefore necessary to limit exposure to both health and environmental hazards in the South Valley. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="770"></TD> <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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="770"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200502/04-5089b.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june99/98-8297.man.html">WOFFORD V. SCOTT (6/14/1999, NO. 98-8297)<BR></A><BR> Seeks to have three claims he failed to raise in his first 28 U.S.C. § 2255 motion addressed and decided on the merits. His problem is that § 2255. We denied his earlier application to file a second § 2255 motion.</P> <P> Wofford is now back before us on an appeal from the district court's rebuff of his attempt to use the habeas remedy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/12/011926P.pdf">OPINION/ORDER</A><BR> After Melissa and Tim Lancaster's settlement with Melissa's employer was reduced to judgment. After the settlement was reduced to judgment. The Lancasters never intimated that the action was anything other than a regular garnishment action brought pursuant to Missouri's garnishment statute. Which was referenced in each summons. The Lancasters do not dispute that the statute and rule mandate an award of fees and costs in garnishment actions but argue that this was not actually a garnishment action. The Lancasters argue that this was in effect a direct action brought under Missouri Revised Statute section 379.200. The Wood case was originally brought as a garnishment action pursuant to Chapter 525 to execute on insurance proceeds held by the insurer of a tortfeasor against whom the plaintiff had received a judgment. The court of appeals determined that the action was The Lancasters appealed the summary judgment ruling. The court reasoned that section 379.200 was the exclusive method whereby a judgment creditor could judicially enforce payment of insurance proceeds owed to the judgment debtor. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0302p-06.pdf">OPINION/ORDER</A><BR> Where the cleanup costs were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-5163.html">GABRIEL J. MARTINEZ V. U.S.<BR></A><BR> Argued for defendant appellee.<span style='mso spacerun:yes'>  </span>On the brief was <u>David M. Director.<span style='mso spacerun:yes'>  </span>Of counsel on the brief were <u>Tara A. Of counsel were <u>Aileen M. </span><st1:State><span style='font family:Arial'>DC</span></st1:State></st1:place><span style='font family:Arial'>.<span style='mso spacerun:yes'>  </span>Also of counsel was <u>Captain David E. Martinez<span style='mso spacerun:yes'>  </span><span style='ms </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june99/98-8297.man.html">WOFFORD V. SCOTT (6/14/1999, NO. 98-8297)<BR></A><BR> Seeks to have three claims he failed to raise in his first 28 U.S.C. § 2255 motion addressed and decided on the merits. His problem is that § 2255. We denied his earlier application to file a second § 2255 motion.</P> <P> Wofford is now back before us on an appeal from the district court's rebuff of his attempt to use the habeas remedy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0335n-06.pdf">OPINION/ORDER</A><BR> Arguing that we should reverse the district court's judgment because the remedy is not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1657.01A">OPINION/ORDER</A><BR> Were on brief. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan96/94-7024.man.html">WHITE V. ALABAMA<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>White v. Are elected to office in at large partisan elections.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981332.P.pdf">OPINION/ORDER</A><BR> Line 3 the comma after the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Nov2002/014345.pdf">OPINION/ORDER</A><BR> Prison or correctional facility may not bring any action under any federal law with respect to prison conditions </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan96/94-7024.man.html">WHITE V. ALABAMA<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>White v. Are elected to office in at large partisan elections.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2020.01A">OPINION/ORDER</A><BR> Pez Bras</SPAN> was on brief. The district court held that the plaintiff's takings claims were unripe and dismissed the action. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0322p-06.pdf">OPINION/ORDER</A><BR> 2 1 the complaint was filed under seal and served upon the United States. Relator's case subsequently was transferred to the Middle District of Tennessee. Claiming that he was entitled to a relator's share of the settlement proceeds. An order to this effect was entered on the same day. The other listed defendants in the original complaint were Forstmann Little & Co. (a privately owned compa ny that wholly owns CHS ). Which is one of several hospitals owned by CHS. CHS was approached by the government about possible upcoding at two different CHS hospitals. OIG HHS simultaneously worked with the Department of Justice ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/00opinions/00-1534.html">PACRIM PIZZA COMPANY V. ROBERT PIRIE<BR></A><BR> Argued for appellee.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/11/01-8006.htm">01-8006 -- STUART V. COLORADO INERSTATE GAS CO. -- 11/27/2001<BR></A><BR> The district court's jurisdiction was based on 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May2000/995230.txt">OPINION/ORDER</A><BR> In this appeal we are called upon to decide whether a federal cause of action should be implied to permit a plaintiff to sue an employee of the Internal Revenue Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021413.P.pdf">OPINION/ORDER</A><BR> To enforce the principle that `no one is above the law'. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200101/98-1570b.txt">OPINION/ORDER</A><BR> With him on the briefs was Ryan D. With her on the brief were Leonard R. With him on the brief were Jonathan P. When the Board learned that one discriminatee was an undocumented alien. Also to avoid violations of * Senior Judge Silberman was in regular active service at the time of oral argument. A compliance hearing was held before another ALJ. Not before Castro had stated that he was a Mexican national and that the birth certificate he had used to gain employment at Hoffman was borrowed from a friend. Arguing primarily that awards of backpay to undocumented discriminatees are barred by Sure Tan. That this case is controlled by a single sentence from Sure Tan: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F2F40907BCCED8078825710700038BAE/$file/0416621.pdf?openelement">OPINION/ORDER</A><BR> We conclude that the only appropriate remedy is to enjoin enforcement of the Act and we now affirm the district court's grant of a permanent injunction. Background Post First Trimester Abortion Methods The vast majority of abortions in the United States are performed during the first trimester.1 Approximately ten percent The first trimester lasts until the thirteenth or fourteenth week of pregnancy. GONZALES of abortions are performed during the second trimester. Only about one percent are performed after the twentieth week from the woman's last menstrual period ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199807/97-1170a.txt">OPINION/ORDER</A><BR> Kenniff was on the briefs. Were on the brief. Of a Board order holding that Capital is a successor employer within the meaning of NLRB v. Capital argues that (1) the Board's finding that Capital was a successor because it acted with anti union animus in refusing to hire union workers is not supported by substantial evi dence. (2) under Burns it was entitled to establish the terms and conditions of employment it would offer initially to the employees of its predecessor. (3) the Board's remedial order is punitive. For the reasons stated below we reject Capital's first two arguments but agree that the Board's order is punitive. AFL CIO was the exclusive bargaining representative of the Ogden cleaning employees. That he was not pleased with the quality of the work Ogden had done. As was its general practice. Because Kaplan was con cerned that KCR would not be able fully to staff the Bulova building. Kaplan testified that because hiring the Ogden em ployees </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200405/03-5169a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/93opinions/93-1655a.html">DEPT ARMY V. FLRA<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/98opinions/98-1570b.html">OPINION/ORDER</A><BR> With him </P> <P>on the briefs was Ryan D. With her on the brief were </P> <P>Leonard R. With him on the brief were Jonathan P. </P> <P>Hiatt and Laurence Gold.</P> <P> . When the Board </P> <P>learned that one discriminatee was an undocumented alien. </P> <P> </P> <P> * Senior Judge Silberman was in regular active service at the </P> <P>time of oral argument. A compliance hearing was held before another ALJ. </P> <P>Castro appeared at the hearing. Not before Castro had </P> <P>stated that he was a Mexican national and that the birth </P> <P>certificate he had used to gain employment at Hoffman was </P> <P>borrowed from a friend. Arguing primarily that awards of backpay to </P> <P>undocumented discriminatees are barred by Sure Tan. That this case is controlled by a single </P> <P>sentence from Sure Tan: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-2205.01A">OPINION/ORDER</A><BR> Is amended as follows: On page 9. Replace </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-1307a.html">NATL FUEL GAS SUPPLY V. FERC<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5F23E123023E521588256EAD005ACCE7/$file/0235538.pdf?openelement">OPINION/ORDER</A><BR> 2004 is amended as follows: on slip Opinion page 5528. IT IS SO ORDERED. Holding that the bankruptcy court's surcharge remedy was a permissible equitable remedy under the Bankruptcy Code. Was not barred by election of remedies or res judicata. This ruling was affirmed by the district court on March 6. 000 of the value of these items) that the Latmans had previously exempted under § 522(d)(5).1 The ruling on this motion is challenged on this appeal. The Latmans were married and did not claim a homestead exemption. 1 7388 LATMAN v. Or have this amount also charged against their </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTExMTMtY3Zfb3BuLnBkZg==/04-1113-cv_opn.pdf">OPINION/ORDER</A><BR> His opponent was plaintiff Matthew Shannon. When the polls closed and the votes were counted. The tally was 2. Only 156 votes were registered on the machine in the Supervisor's race. The inspection return showed that only one vote was entered on line 11 B (one of the lines on which Shannon's name appeared). Plaintiffs are voters who claim that their votes were not counted due to the machine malfunction. That the Board of Elections violated the Due Process Clause of the Fourteenth Amendment by depriving them of their right to vote and to have their votes counted. The court nevertheless found that plaintiffs had sufficiently demonstrated a likelihood of success on the merits by showing that quo warranto was neither an adequate nor a fair remedy for the unintentional deprivation of plaintiffs' voting rights. The court agreed with plaintiffs' assertion that quo warranto was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-1207.pdf">OPINION/ORDER</A><BR> With him on the brief was Douglas C. With him on the brief were Peter D. As that boundary is understood in the light of the Supreme Court's decision in Bowen v. The other defendants are the Federal Housing Administration ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FE2C676C3039B58488256E35007C2B7D/$file/0256506.pdf?openelement">OPINION/ORDER</A><BR> Clarity is rare. As will appear. Once the draft RAP was finalized. 636.38 was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C21FF9BB3DAF4F5288256E84006D6E7D/$file/0235538.pdf?openelement">OPINION/ORDER</A><BR> Holding that the bankruptcy court's surcharge remedy was a permissible equi 5516 LATMAN v. Was not barred by election of remedies or res judicata. This ruling was affirmed by the district court on March 6. 000 of the value of these items) that the Latmans had previously exempted under § 522(d)(5).1 The ruling on this motion is challenged on this appeal. The Latmans were married and did not claim a homestead exemption. 2 It appears from the record that the subpoena issued ex parte for the Trustee against the bank. Or have this amount also charged against their </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-1688.PDF">OPINION/ORDER</A><BR> Nolen was entitled to absolute qua sijudicial immunity and that Mr. Nolen was entitled to 2 No. 01 1688 qualified immunity. It is the unanimous opinion of the court that Mr. Nolen is not protected by absolute quasi judicial immunity. It is the opinion of the majority of the panel that Mr. A third member of the panel is of the opinion that Mr. Nolen is not entitled to qualified immunity on that claim. Snyder alleged that he was estranged from his wife. That his wife was in sole possession of his non marital property. That he was incarcerated in the custody of the Illinois Department of Corrections. That his assets were at substantial risk because his wife had indicated to Mr. His actions in `whiting out' [the] same was an `impermissible encroachment of judicial authority.' </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Dec2001/012224.txt">OPINION/ORDER</A><BR> Lawrence to operate a facility that would have an adverse disparate racial impact upon them in violation of Title VI of the Civil Rights Act of 1964. We hold that an administrative regulation cannot create an interest enforceable under section 1983 unless the interest already is implicit in the statute authorizing the regulation. The plaintiffs do not have a right enforceable through a 1983 action under the EPA's disparate impact discrimination regulations. We will reverse. We point out that the residents of Waterfront South are predominately minorities and the neighborhood is disadvantaged environmentally.1 Waterfront South contains two Superfund sites. Lawrence's business is the processing of ground granulated blast furnace slag ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044080p.pdf">OPINION/ORDER</A><BR> Appellant Credit Suisse First Boston ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jul1998/98a1918p.txt">OPINION/ORDER</A><BR> District Judge: This appeal presents the question whether a suit in the District Court for the District of Delaware brought by certain Delaware property owners challenging assessments charged to them to provide for an expanded sewer system is barred either by the Tax Injunction Act. The plaintiffs appellants in this court are several persons owning real property in the expanded sewer district ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTE2NzUtY3Jfb3BuLnBkZg==/03-1675-cr_opn.pdf">OPINION/ORDER</A><BR> We conclude that the District Court should have the opportunity to consider whether to resentence. Background Crosby was indicted for possession of a firearm by a convicted felon. He entered a plea of There was no plea guilty to the single count of the indictment. agreement. Crosby was subdued and arrested. The Government based its contention that Crosby was a felon on his two Florida state court convictions. The Defendant disputed that either of the Florida convictions was a felony. He did not dispute that he was subsequently sentenced to twelve years' imprisonment after the revocation of his Community Control and probation. That Crosby's offenses were felonies under Florida law. Finding the Defendant's testimony at the pretrial hearing to have been materially false. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/08/982442P.pdf">OPINION/ORDER</A><BR> Inc. is a wholly owned subsidiary of THORN EMI. Which is a wholly owned subsidiary of TEMINAH. Is a wholly owned subsidiary of THORN EMI. Thereby ceasing to have a separate corporate existence. 2 1 interest rates on credit sales of consumer goods. The District Court certified the plaintiff class to include </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/June2004/032679p.pdf">OPINION/ORDER</A><BR> We will affirm the decision of the District Court. The District Court referred the motion to dismiss to Magistrate Judge Ila The named Board members are Kevin McKeegin. It could halt the proper functioning of state government in a manner that was antithetical to principles of comity. The federal courts still have jurisdiction because Appellants lack a plain. And/or 3) the Tax Injunction Act is unconstitutional. A. Appellants' first argument is that the Tax Injunction Act does not apply because they have not asked the District Court to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4C6ADF805502D9CC88256AB9004E001E/$file/9956581.pdf?openelement">OPINION/ORDER</A><BR> MTA is the statutorily created regional transportation planning. The suit alleged that MTA was spending a disproportionately large portion of its budget on rail lines and suburban bus systems that would primarily benefit white suburban commuters. The lawsuit was triggered by MTA's decision to spend several hundred million dollars on a new rail line. After over two years of discovery and just before a trial was scheduled to begin. The decree set forth specific </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-1423.html">NATIONAL CENTER V. U.S.A.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042096p.pdf">OPINION/ORDER</A><BR> Circuit Judge Appellants in this case are owners and operators of industrial facilities located throughout the United States that are contaminated with hazardous waste. They admit they are responsible for some of the contamination at these sites (which they cleaned up voluntarily). Allege the United States 3 Government is also responsible for some part. The Supreme Court held that § 113 by its express terms is not available to parties that clean up sites voluntarily. Because appellants are themselves partly responsible for the contamination at the subject sites. Their cleanups were voluntary. It is necessary first to understand the applicable legal framework. CERCLA is a broad remedial statute that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F89E65592EFC3CCC88256E5A00707C90/$file/9956581.pdf?openelement">OPINION/ORDER</A><BR> MTA is the statutorily created regional transportation planning. The suit alleged that MTA was spending a disproportionately large portion of its budget on rail lines and suburban bus systems that would primarily benefit white suburban commuters. The lawsuit was triggered by MTA's decision to spend several hundred million dollars on a new rail line. After over two years of discovery and just before a trial was scheduled to begin. The decree set forth specific </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041567p.pdf">OPINION/ORDER</A><BR> Dismissal with prejudice is an appropriate remedy for a violation of Brady v. 2 Maryland. Because we conclude that dismissal with prejudice is appropriate only under exceptional circumstances not present here. We will affirm the judgment of the Appellate Division. Jareem Fahie was shot while sitting in his mother's car. He was able to drive himself to the hospital where he was interviewed by a Virgin Islands police officer. Fahie informed the officer that he had dropped off two friends and was in the vicinity of a local hotel when a passenger from another car exited his car. When asked if the car parked outside the hospital was his. Fahie told the officer that it was. The officer arrested Fahie for possession of an unlicensed weapon. 3 Fahie was charged with possession of an unlicensed firearm (the sawed off shotgun) in violation of 14 V.I.C. § 2253(a). Detective David Monoson was called to testify as to the results of a test firing of the weapon. Defense counsel immediately objected and argued that the ATF Report was exculpatory. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1998/98a2012p.txt">OPINION/ORDER</A><BR> Circuit Judge: This appeal is from a decision in an adversary proceeding brought by plaintiff appellant/cross appellee Committee of Creditors Holding Unsecured Claims (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2386.01A">OPINION/ORDER</A><BR> With whom <U>Wolfe Associates</U> was on brief. LLP</U> was on brief. The parties have stipulated that Borden. Borden contends that the plaintiffs are only due reinstatement in the Plan. Reimbursement for expenses incurred that would have been covered by the Plan. Plaintiffs assert that this remedy is inadequate and that they are entitled to additional equitable relief. Even though the estate was no longer legally obliged to pay those costs. We deny the plaintiffs' appeal and rule for Borden on the cross appeal.</FONT></P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/08BB8D50F8C61DDC88256A32005AD97D/$file/9955805.pdf?openelement">OPINION/ORDER</A><BR> 1 are seeking to collect money owed for work performed on a public construction project using California's stop notice and payment bond remedies. Because neither remedy is preempted by ERISA. Which is composed of Standard Industrial Electric Co. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A37694FD239A423088256E5A00707AF5/$file/9955805.pdf?openelement">OPINION/ORDER</A><BR> 1 are seeking to collect money owed for work performed on a public construction project using California's stop notice and payment bond remedies. Because neither remedy is preempted by ERISA. Which is composed of Standard Industrial Electric Co. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTAxMjEtY3Jfb3BuLnBkZg==/04-0121-cr_opn.pdf">OPINION/ORDER</A><BR> (ii) he should be resentenced before a different judge or permitted to withdraw his guilty plea because the government's arguments at sentencing violated the plea agreement.1 We conclude that the failure to inform him of mandatory restitution in the amount of $6500 was not plain error because it would not have affected his decision to plead guilty. BACKGROUND a) The Indictment 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Appellant was charged with carjacking. Where the CI was ambushed by appellant and three other individuals using two guns. Two of the other three attackers drove the CI's car further into the alley and were in the process of taking off the CI's pants when the police arrived. The agreement stated that the maximum term of imprisonment was 25 years. The maximum fine was $250. Restitution was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981196.P.pdf">OPINION/ORDER</A><BR> Line 2 the crossreference is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0101p-06.pdf">OPINION/ORDER</A><BR> As the issues raised in this appeal are matters of first impression among the courts of appeals. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1071.01A">OPINION/ORDER</A><BR> Were on brief. The action in the case at hand was a civil rights action. The successful claims were of constitutional dimension. Other claims were less successful. That they were entitled to even more. The long history of this hard fought litigation will not be repeated here. It is adequately told in the following opinions: Schneider v. The Colegio protests that there should have been no award at all for two reasons. Schneider was representing himself as well as Ramos and this. Plaintiffs are not prevailing parties. The fee award is simply too high for a number of reasons. Questions of law regarding the award of attorney's fees are reviewed de novo. The award is reviewed with deference and </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19988899.MAN.pdf">OPINION/ORDER</A><BR> Or other correctional facility until such administrative remedies as are available are exhausted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept99/98-8899.man.html">HARRIS V. GARNER (9/30/1999, NO. 98-8899)<BR></A><BR> Or other correctional facility until such administrative remedies as are available are exhausted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2749_010.pdf">OPINION/ORDER</A><BR> This is a taxpayer suit. Notre Dame was permitted to intervene in the case in the district court as a defendant. ACE is a program for training teachers in Catholic schools. The third is encouragement of the teachers to live and work in accordance with the tenets of the Catholic faith. It was too late to enjoin the expenditure and the likelihood of a future such earmark was too remote to warrant injunctive relief. No. 05 2749 3 We agree that the claim for injunctive relief is moot. Not that the entire case is moot. 000 in federal money was expended by the Secretary of Education (actually slightly less. That expenditure was. Ordinarily federal taxpayers do not have standing to complain about federal expenditures. The Supreme Court has carved an exception for cases in which a taxpayer complains that Congress is spending money in violation of the First Amendment's establishment clause. That expenditure is deemed sufficient injury to the taxpayer to allow him to maintain suit in federal court. Is the depletion of the federal treasury by the amount of the grant. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept99/98-8899.man.html">HARRIS V. GARNER (9/30/1999, NO. 98-8899)<BR></A><BR> Or other correctional facility until such administrative remedies as are available are exhausted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992494A.P.pdf">OPINION/ORDER</A><BR> Line 6 after first indented quotation the citation for So Lo Foods is corrected to begin </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTE5NDktY3Zfb3BuLnBkZg==/05-1949-cv_opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: A perceptive governor once noted: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/01/951829P.pdf">OPINION/ORDER</A><BR> The State argues that the Jenkins class attorneys are not entitled to fees because ShareNet was not proposed as part of the remedy. The court rejected the State's arguments that the class was not a prevailing party because it did not obtain a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1300.01A">OPINION/ORDER</A><BR> Were on brief. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb2000/983543.txt">OPINION/ORDER</A><BR> Or other correctional facility until such administrative remedies as are available are exhausted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19988899.OPN.pdf">OPINION/ORDER</A><BR> Or other correctional facility until such administrative remedies as are available are exhausted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-2034A.01A">OPINION/ORDER</A><BR> Shore</U> were on brief for appellants.</FONT> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992502.P.pdf">OPINION/ORDER</A><BR> Which are virtually undisputed. Are largely taken from the district court's opinion. Residential customers in the District are charged a base rate for water and sewer services. Are charged the property taxes even though the District does not provide them with water or sewer service. Stated that it was aware </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1994/94a0790p.txt">OPINION/ORDER</A><BR> A district court may review a property owner's bona fide allegations that continuance of the project will cause irreparable harm to public health or the environment and. We will reverse its order denying injunctive relief. After trichloroethylene (TCE) contamination was discovered in the groundwater at two sites on Gamma Tech property. They were placed on the National Priorities List. After the decision was announced. The public and potentially responsible parties were given the opportunity to comment on the plan. At least some of the proposed wells have already been installed on the property. The final design was expected to be completed in the fall of 1993 and the remedial process begun in the spring of 1994. It is anticipated that the cleanup will be completed in five to seven years. Gamma Tech asserted that the EPA's selected remedy will exacerbate the existing environmental damage and cause further irreparable harm to the environment. The system devised by the EPA will cause contaminated water from the shallow strata of the aquifer to be drawn down into the deep zone where contamination has not been established conclusively. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F382C43F9898192588256B1F00573AA6/$file/9916321.pdf?openelement">OPINION/ORDER</A><BR> Which was authored by Judge Berzon. 16751 D.C. We have jurisdiction under 28 U.S.C. § 1291. I. BACKGROUND Hibbs was an employee of the Nevada Department of Human Resources. His request was approved for the full 480 16756 hours (12 weeks) of leave under the FMLA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199909/98-1432a.txt">OPINION/ORDER</A><BR> With him on the briefs was Scott M. With her on the brief were Linda R. With him on the brief were Carl B. The primary question in this case is whether the Board properly concluded that the existence of the original unfair labor practices causally contributed to the parties' inability to reach a new collective bargaining agreement. We must consider whether there is substantial evidence in the record to support the Board's conclusion that the workers were engaged in an unfair labor practice strike. Which is a prerequisite to judicial review under section 10(e) of the Act. We hold that the Board's findings and conclusions are supported by substantial evidence on the record. I. Background Alwin is a closely held corporation located in Green Bay. Alwin and the union were parties to a series of collective bargaining agreements. The court of appeals found that Alwin's argu ments against enforcement were frivolous and enforced the order. The CBA was scheduled to expire on February 28. There were fourteen sessions held. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958459.OPA.pdf">OPINION/ORDER</A><BR> Survivors of three naval aircraft crewmembers who were killed after ejecting from a crashing Lockheed manufactured aircraft. Were killed and Air Warfare Technician Second Class (AW2) Tracy Mann was injured when they ejected from a S 3 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200502/03-1323a.pdf">OPINION/ORDER</A><BR> With him on the briefs were Andrew M. With him on the brief 2 were Arthur F. With him on the brief was Ira J. When it was notified of the election petition. It will be very difficult. (3) creating the impression among employees that their union activities were under surveillance. That they would lose benefits if the Union were elected. The Board's findings of fact are conclusive </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/891B102EDC5F0E0988256C70005C7B68/$file/0155280.pdf?openelement">OPINION/ORDER</A><BR> I. The plaintiffs are owners and operators of hotels in the city of San Bernardino. The plaintiffs were required to collect this tax from their customers and remit it to the city. Asserting that the tax was unconstitutionally vague on its face. The city ordinance itself is not in the record. Because the plaintiffs are appealing the dismissal of their complaint under Fed. The Court recognized that federal courts generally must abstain from suits that would intrude into the administration of state taxation: Petitioners will not recover damages under § 1983 unless a district court first determines that respondents' administration of the County tax system violated petitioners' constitutional rights. We are convinced that such a determination would be fully as intrusive as the equitable actions that are barred by principles of comity. 454 U.S. at 113. Taxpayers are barred </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2028.01A">OPINION/ORDER</A><BR> Were on brief. Were on brief. The federal Safe Water Drinking Act (SDWA or Act) authorizes the Environmental Protection Agency (EPA) to prescribe criteria specifying when public water systems are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0020n-06.pdf">OPINION/ORDER</A><BR> Pavlovich now is trying to blame defendant National City Bank ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200605/04-1267a.pdf">OPINION/ORDER</A><BR> Ingham were on the brief for petitioner Scepter. Were on the brief for respondent. 15 cents of which it said was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/97opinions/97-1173.html">NIKE, INC. V. WAL-MART<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0040p-06.pdf">OPINION/ORDER</A><BR> Pavlovich now is trying to blame defendant National City Bank ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0006p-06.pdf">OPINION/ORDER</A><BR> BACKGROUND Colonial is a corporation </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/01/962809P.pdf">OPINION/ORDER</A><BR> The Court also reversed an order funding quality education programs because the order was based on findings that the student achievement levels were at or below national norms based on test scores. 491 (1992). mind that its end purpose is not only `to remedy the violation' to the extent practicable. Also `to restore state and local authorities to the control of a school system that is operating in compliance with the Constitution.' </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200115410.pdf">OPINION/ORDER</A><BR> We decide whether damages are available under the Railway Labor Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4D13CFEE5F50B0CB88256E5A00707D84/$file/9916321.pdf?openelement">OPINION/ORDER</A><BR> Which was authored by Judge Berzon. 16751 D.C. We have jurisdiction under 28 U.S.C. § 1291. I. BACKGROUND Hibbs was an employee of the Nevada Department of Human Resources. His request was approved for the full 480 16756 hours (12 weeks) of leave under the FMLA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FCE1972AF7F0010488256C9500638647/$file/0135766.pdf?openelement">OPINION/ORDER</A><BR> The answer to that question is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F3398DF0F5B7CAC288256D5E00785FB2/$file/0136172.pdf?openelement">OPINION/ORDER</A><BR> Save Our Valley argues that the project will have the effect of discriminating against Rainier Valley residents based on race in violation of a Department of Transportation regulation. The primary question before us is whether that Department of Transportation regulation creates an individual federal right that can be enforced under the Civil Rights Act. I The Central Puget Sound Regional Transit Authority ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0009p-06.pdf">OPINION/ORDER</A><BR> Petitioner is a gainfully employed legal immigrant in her early twenties who currently studies psychology at Wayne State University in Detroit. The agency would have processed her application before Petitioner's eighteenth birthday and she would now in all likelihood be an American citizen. Petitioner was never convicted of any crime. Her parents are citizens. Her siblings are citizens. The INS had the right under section 322(a) of the Immigration and Naturalization Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/08/971968P.pdf">OPINION/ORDER</A><BR> Because we have now decided the case. The motion for stay is moot. 52 1 In discussing the State's motion for unitary status. The court determined that the burden of proof was on the State. The plaintiffs are entitled to a presumption that existing disparities are causally related to prior segregation. One of the vestiges the court found was an achievement gap between black and white students in the KCMSD. The State argued that the Jenkins Class should bear the burden of proving that this student achievement disparity was caused by the State's constitutional violation. The court found that a portion of the achievement gap was attributable to de jure segregation and that unitary status had not been attained in this respect. The Supreme Court stated that school districts were obliged to desegregate all aspects of their school systems. Disparities in these five aspects of a school's operations are the most important indicia of a segregated school system. The court observed that the capital improvements already ordered were almost. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-5003.wpd">OPINION/ORDER</A><BR> Concluding it was not an available remedy under the FDCA as a matter of law. Which was then filled by a Canadian pharmacy and sent directly to the customer in the United States. The district court determined disgorgement was not available under the FDCA as a matter of law. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1199.PDF">OPINION/ORDER</A><BR> Suzanne Bishop and Michael Umbaugh ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/12/951565P.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Ernest Smith and John Stewart were both inmates at the Cummins Unit of the Arkansas Department of Correction. While they were asleep in their beds. They were brutally stabbed by fellow inmate Robert Lewis. Smith was seriously injured. These inmates were all incarcerated together in Barracks No. 8. Inmates in the open barracks are free to move about the entire room. Sitting by designation. 3 No. 8 housed 86 general population inmates at the time of this incident and was not staffed with a correctional officer inside the room. Barracks Nos. 5 and 6 are similarly organized and similarly lack the presence of a supervising correctional officer inside them. Contending that the prison officials were not complying with the requirements imposed in a prior case. Who was a current resident of the Cummins Unit. The district court determined that Rudd was not entitled to a jury trial on his equitable claim for an injunction and held a five day bench trial. The district court also determined that the prison officials were inadequately staffing the open barracks and had done nothing to alleviate the dangers posed by this shortcoming. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011922.P.pdf">OPINION/ORDER</A><BR> That he was diagnosed with and treated for sarcoidosis (a disease involving the formation of tumor like nodules). Mardirossian alleged that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200011/97-1715b.txt">OPINION/ORDER</A><BR> With them on the briefs were William R. With them on the brief was Jay L. With him on the briefs were J. Open access is the essence of Orders 888 and 889. Open access transmission is expected to increase competition from alternative power suppliers. Are intended to create a market in which customers may purchase power from any of a number of suppliers. Will no longer have to purchase power from its local utility but instead may seek cheaper power anywhere in the country. All key players in the electricity market have challenged various provisions of Orders 888 and 889. Utili ties have been heavily regulated at both the federal and state levels. Economies of scale have justified the construction of large (greater than 500 MW) generation facilities. Techno logical advances in the 1970s and 1980s have permitted small plants to operate efficiently as well. These alternative suppliers have created a wholesale market for low cost power. They have and will continue to exercise that market power in order to maintain and increase market share. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1567.01A">OPINION/ORDER</A><BR> Were on brief for appellant. Was on brief for appellees. BACKGROUND The genesis of this appeal was a lawsuit brought by the United States Secretary of Labor (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1534.01A">OPINION/ORDER</A><BR> Capo Matos was on brief for appellee. I. Background The relevant facts in this case are few and undisputed. Alleging that American was subject to traditional tort liability because it had failed to fulfill its obligation to secure workers' compensation coverage for Garcia through the Puerto Rico State Insurance Fund. An employer who is required to 2 participate. It argued that it was not obligated to provide workers' compensation coverage for Garcia in Puerto Rico because less than 50% of his worktime was spent there. The airline thus was free to insure its employees elsewhere and. Higher benefits than would have been available in Puerto Rico American was immunized from further liability by that act's exclusive remedy provision.1 Second. To the extent statutory immunity was not dispositive. Is insured and compensated pursuant to the workers' accident compensation laws of a state which provides benefits superior to those granted in Puerto Rico. The Commonwealth of Puerto Rico would have 1 The Florida workers' compensation act states that an employer's statutory liability for benefits shall be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/01/02-7016.htm">02-7016 -- TIMMONS V. WHITE -- 01/08/2003<BR></A><BR> He is entitled to seek de novo review of the remedy awarded without re litigating the merits of his discrimination claim. Timmons learned that McAAP officials had in fact extended the appointment of one of the employees whose appointment was to expire at the same time as his. Timmons was discriminated against based on disability when his temporary appointment was not extended. The same amount of time as the similarly situated employee whose appointment was extended </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042893p.pdf">OPINION/ORDER</A><BR> Who are not union members. Arguing that the union's complaint was time barred. That the hiring practices complained of were consistent with the NLRA. That the restoration remedy is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3735_022.pdf">OPINION/ORDER</A><BR> Peters' property is a waterway that empties into a drainage ditch. The tile was parallel to and beneath the waterway. Was then connected to the Village's existing sewage tile </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200006/97-1715a.txt">OPINION/ORDER</A><BR> With them on the briefs were William R. With them on the brief was Jay L. With him on the briefs were J. Open access is the essence of Orders 888 and 889. Open access transmission is expected to increase competition from alternative power suppliers. Are intended to create a market in which customers may purchase power from any of a number of suppliers. Will no longer have to purchase power from its local utility but instead may seek cheaper power anywhere in the country. All key players in the electricity market have challenged various provisions of Orders 888 and 889. Utili ties have been heavily regulated at both the federal and state levels. Economies of scale have justified the construction of large (greater than 500 MW) generation facilities. Techno logical advances in the 1970s and 1980s have permitted small plants to operate efficiently as well. These alternative suppliers have created a wholesale market for low cost power. They have and will continue to exercise that market power in order to maintain and increase market share. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTE5NDktY3YucGRm/04-1949-cv.pdf">OPINION/ORDER</A><BR> The dismissal of which is the subject of this appeal. After the IRS was found liable for race discrimination and retaliation against an African American employee in its Poughkeepsie office. HVBP published an article that was highly critical of the IRS. Was notified that HVBP would be audited by the IRS. 2 after this report was initially rejected by an IRS hearing officer. Because HVBP was delinquent in paying payroll taxes. The IRS seized all of HVBP's accounting records relating to the period in which delinquent payroll taxes were alleged. These requests were unsuccessful. Tax liens were filed against HVBP for the period of allegedly delinquent payroll taxes. An administrative hearing was convened. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/01/981354P.pdf">OPINION/ORDER</A><BR> Local 1B (Union) have been parties to several collective bargaining agreements that have regulated the distribution of overtime opportunities to Bureau employees. If that employee declines the opportunity or is not available. Was proposed. The Bureau breached the CBA by skipping two employees 1 The current CBA is effective from April 1. 2000. 2 when it was their turn in the overtime rotation.2 Both employees filed grievances seeking monetary awards for the Bureau's breaches. The Union argued that the arbitrators should impose a monetary remedy for breach of the overtime provisions because the Bureau's prior practice of offering a make up opportunity was inconsistent with the new straight rotation system. That the make up remedy was consistent with the parties' past practices and did not disrupt the straight rotation system. Both arbitrators independently concluded that a make up remedy was not appropriate and ordered the Bureau to remedy its breaches with monetary damages.4 The Bureau filed a motion to vacate the awards in the district court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982368.P.pdf">OPINION/ORDER</A><BR> Circuit Judge: The sole issue on appeal is whether we should construe or extend the United States Supreme Court's decision in Moragne v. He was actually employed by Tidewater Temps but worked on behalf of Mid Atlantic Coastings (MidAtlantic). Which was used to load sand for sandblasting. The crane operator's negligence and Norfolk's use of an inadequate communication signaling system were the reasons for her son's death. The Court noted that at common law there was no civil action for an injury that resulted in death and that English maritime law also had no cause of action for wrongful death on the high seas. The Court concluded that because it is now established that in the courts of the United States no action at law can be maintained for [wrongful death] in the absence of a statute giving the right. We are forced to the conclusion that no such action will lie in the courts of the United States under the general maritime law. Which originally was an obscure and rarely used cause of action for which many state wrongful death statutes did not account. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/06/97-1236.htm">97-1236 -- U.S. V. TELLURIDE CO. -- 06/25/1998<BR></A><BR> The issues on appeal are whether the five year statute of limitations provided in 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/021047p.pdf">OPINION/ORDER</A><BR> The gravamen of Cochran's complaint is that while an inmate at two penal institutions of the State. The Court was very specific in limiting its holding to cases implicating the fundamental right of access to the courts. Indicating that an individual analysis would have to be performed for subsequent The district court had jurisdiction pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343 because Cochran brought a claim under the ADA. We are persuaded that a different scenario is present here. To determine when Eleventh Amendment Immunity will permit suits for money damages against state agencies. Lane is not applicable to these facts. We will affirm the judgment of the district court. Is a legally blind inmate currently incarcerated in South Woods in Bridgeton. Cochran is serving a life sentence for murder and robbery. Cochran was transferred from the Florida prison system to the custody of the New Jersey DOC. He was suffering from end stage glaucoma and was legally blind. Cochran was incarcerated at East Jersey State Prison ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct97/95-8459.opa.html">GRAY V. LOCKHEED AERONAUTICAL SYS. CO.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Gray v. Survivors of three naval aircraft crewmembers who were killed after ejecting from a crashing Lockheed manufactured aircraft. Were killed and Air Warfare Technician Second Class (AW2) Tracy Mann was injured when they ejected from a S 3 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052169p.pdf">OPINION/ORDER</A><BR> We will affirm the order of dismissal. Alleging that she was the victim of various discriminatory housing practices in which her landlord. Turner was involved in proceedings before the Court of Common Pleas of Allegheny County. 2001 HUD complaint was her second such complaint. We have examined the complaint which is included in the appendix filed in Turner's related appeal. The reference to McCormack Baron was to McCormack Baron Management Services. Her designation of the respondent in her complaint is consistent with the HUD Determination of No Reasonable Cause. Turner's failure to identify precisely the party she named as respondent in the underlying HUD proceeding does not impair our ability to adjudicate this appeal because for our purposes it does not matter whether the respondent was Crawford Square or McCormack Baron. Or even whether both entities were respondents. 3 2 After the state court adjudication. We are affirming the dismissal of her action on the ground of res judicata inasmuch as Turner's FHA claims in the district court in Turner I involved the same cause of action as her previouslyadjudicated state court claims that had been resolved against her. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2003/023236p.pdf">OPINION/ORDER</A><BR> Which is an appellee and is participating in this appeal. Certain other parties that have been dismissed from the action or are not participating in the appeal. As the parties have done in their briefs. As a matter of convenience we will treat him as the sole appellant in this opinion referring to him as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/96-3250a.htm">96-3250A -- ANR PIPELINE CO. AND COLORADO INTERSTATE GAS CO. V. LAFAVER -- 07/21/1998<BR></A><BR> Is a <p> member of the firm Morris. Two and three of the opinion are attached for your convenience. <p> Sincerely. The plaintiffs' suit is not saved by the <u>Ex parte Young</u> doctrine. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/96-3250.htm">96-3250 -- ANR PIPELINE CO. AND COLORADO INTERSTATE GAS CO. V. LAFAVER -- 07/21/1998<BR></A><BR> The plaintiffs' suit is not saved by the <u>Ex parte Young</u> doctrine. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3F91B4230881B4C68825731A00823BCA/$file/0416963.pdf?openelement">OPINION/ORDER</A><BR> Developmentally disabled Medicaid beneficiaries ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971628.P.pdf">OPINION/ORDER</A><BR> The amount of the fee is tethered to the classification of each property owner as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/12/97-1328.htm">97-1328 -- U.S. V. STATE OF COLORADO -- 12/21/1999<BR></A><BR> 10<sup> 5</sup> cancer risk level was arbitrary and capricious. (2) the district court erred when it ruled that the EPA's failure to amend the Record of Decision for Operable Unit I when it encountered the unexpected rock content in the sludge was arbitrary and capricious. (3) even if the actions regarding the Record of Decision for Operable Unit I were arbitrary and capricious. The district court erred in not requiring BN to prove that the cost would not have been incurred in any event. <p> BN cross appeals. We conclude that the EPA's remediation decision is supported by substantial evidence in the record and. Is not arbitrary and capricious. Performance or cost of the remedial plan was involved. The EPA was not required to amend the remediation plan in order to use the settling tank or to amend the plan. We agree with the district court that the EPA actions were arbitrary and capricious for failing to amend the plan. <p> Third. We hold that the district court erred in refusing to require BN to demonstrate that the EPA's errors resulted in expenditures in excess of those that would have occurred in the absence of the errors. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1053.wpd">OPINION/ORDER</A><BR> The mandate is issued forthwith. Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/10/01-1053a.htm">01-1053 -- GONZALES V. CITY OF CASTLE ROCK -- 10/15/2002<BR></A><BR> Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct97/95-8459.opa.html">GRAY V. LOCKHEED AERONAUTICAL SYS. CO.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Gray v. Survivors of three naval aircraft crewmembers who were killed after ejecting from a crashing Lockheed manufactured aircraft. Were killed and Air Warfare Technician Second Class (AW2) Tracy Mann was injured when they ejected from a S 3 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1996/96a1356p.txt">OPINION/ORDER</A><BR> Which is one of first impression in this circuit. Is whether O'Connell's punitive damage claim premised on an arbitrary and willful failure to pay maintenance and cure is barred by the exclusivity provision of the Suits in Admiralty Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0087p-06.pdf">OPINION/ORDER</A><BR> This appeal is brought by a child with a disability within the meaning of the Individuals with Disabilities Education Act (IDEA). REVERSE the court's affirmation of the compensatory education award and REMAND the case with instructions to have the appropriate administrative body craft a remedy that complies with the IDEA. 1 No. 06 5534 Bd. of Educ. of Fayette County. Was not identified by the School District as a child with a disability within the meaning of the IDEA until May of 2003. Which was held by an impartial hearing officer in January of 2004. The hearing officer found that the child was denied a free appropriate public education (FAPE) for his third and fourth grade school years (2001 2002 and 2002 2003) due to the School District's failure to refer T.D. for special education after his second grade year. The Exceptional Children's Appeals Board (Appeals Board) affirmed the hearing officer's finding that the child was denied a FAPE for the two years in question. This Committee is the equivalent of a student's Individualized Education Program (IEP) team under the IDEA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-1464.html">CONSOLIDATED EDISON V. DEPT. OF ENERGY<BR></A><BR> For defendants appellant.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/08/021342P.pdf">OPINION/ORDER</A><BR> This is a dispute between a car dealership and a car manufacturer over the latter's attempt to enforce an exclusivity provision in the parties' contract. Notwithstanding the disfavor such provisions have under Minnesota's Motor Vehicle Sale and Distribution Regulations (the Act). Nissan asked Metro to sign an amendment to the original contract which would have provided that Metro's failure to sell only Nissan vehicles at the Inver Grove Heights location would constitute good cause for termination of the agreement. The district court determined Nissan was not entitled to the equitable remedy of specific performance because Nissan had control over the terms of the franchise agreement and gave itself no effective means of enforcing the agreement's exclusivity provision. Metro cross appealed 3 contending the district court should have declared exclusivity provisions unenforceable as a matter of law. Metro also contends the district court should have awarded it attorney fees based on Nissan's violation of the Act. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Dec1995/95a1231p.txt">OPINION/ORDER</A><BR> These eleven consolidated[fn1] actions were brought by concerned Pennsylvanians who believed that they were being charged excessive fees and interest on their credit cards and that these charges violated Pennsylvania consumer protection laws. None of the defendants are Pennsylvania lending institutions. The cases were all brought in Pennsylvania state courts and then removed by the defendants to the federal system.[fn2] These cases require that we resolve the conflict between state consumer protection law and federal banking law. We will first consider the district courts' holdings that removal jurisdiction was proper. We will reverse the district courts on this issue. The Supreme Court's conservative extension of the complete preemption doctrine and the application of the Third Circuit's two pronged test establish that federal jurisdiction is lacking in those cases in which the plaintiffs did not amend their complaints to allege federal claims. We will next consider claims particular to these actions. We will affirm the district court to the extent that the court held that plaintiffs' state law claims regarding late charges and over limit fees were substantively preempted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/02/023747P.pdf">OPINION/ORDER</A><BR> The Compact was created and entered into by five member states and was also enacted into law by Congress. Nebraska was selected as the site for the facility. The Commission is a plaintiff in this case. This action was originally brought against Nebraska and the Commission by utility companies from the five Compact states: Entergy Arkansas. The defendants named in the Commission's complaint were the State of Nebraska. The case was tried to the district court for two months. It found that Nebraska had not carried out its obligations under the Compact in good faith and that the Commission was entitled to recover over $97 million for funds and work expended in the thwarted attempt to construct the radioactive waste disposal facility. Some of which were decided against it on earlier appeals. We have already addressed the Compact and related issues in a series of earlier appeals in this case. 207 F.3d 1021 (8th Cir. 2000) (Nebraska did not have veto power over low level radioactive waste export permits). V. Each member state is represented on the Commission by one representative and is entitled to a single vote. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/02/021425P.pdf">OPINION/ORDER</A><BR> Alleging that she was unlawfully discriminated against in her employment on account of her gender and in retaliation for filing a sexual harassment complaint. The claims were tried before a magistrate judge and a jury. I. Sellers was employed by the Federal Aviation Administration (FAA) as an Air Traffic Control Specialist at Lambert Airport in St. Sellers alleged that she was subjected to a hostile work environment beginning in 1996 and lasting through the time of her termination in 1997. Who was also employed at Lambert. The workplace atmosphere at Lambert deteriorated as Sellers was subjected to on the job harassment. Sellers' case was tried during March 2000. When she was still employed by the bank. Would have a direct impact on the plaintiff's motion [for equitable relief]. The district court concluded that reinstatement was impractical because of the level of acrimony still present between Sellers and her coworkers. The Secretary argues that the district court abused its discretion in awarding Sellers front pay because her post termination conduct­that is. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may98/94-5083.man.html">UNITED STATES V. CITY OF HIALEAH (5/7/1998, NO. 94-5083)<BR></A><BR> 42 U.S.C. § 2000e <EM>et seq.</EM> Other parts of the consent decree have been approved and entered. They are not in question. One such part requires the City to hire as police officers and firefighters thirty blacks from a pool of prior applicants who were qualified but had been denied employment. The part of the decree the district court refused to enter would have granted retroactive competitive seniority to those thirty new black employees.</P> <P> The district court. We agree with the district court that the retroactive seniority part of the proposed consent decree would have diminished the seniority rights of incumbent employees. Which are legally enforceable rights guaranteed to them by their collective bargaining agreements. Or a finding that the provision was necessary and appropriate to remedy discrimination proven during a trial at which all affected parties had an opportunity to participate. We also conclude that the cross appeal is moot.</P> <P><CENTER><STRONG>I. The Hialeah workforce was approximately 17% black. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/June2004/023620p.pdf">OPINION/ORDER</A><BR> While his employer voluntarily paid him benefits under the other plan after that judgment was entered. Providing that where </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may98/94-5083.man.html">UNITED STATES V. CITY OF HIALEAH (5/7/1998, NO. 94-5083)<BR></A><BR> 42 U.S.C. § 2000e <EM>et seq.</EM> Other parts of the consent decree have been approved and entered. They are not in question. One such part requires the City to hire as police officers and firefighters thirty blacks from a pool of prior applicants who were qualified but had been denied employment. The part of the decree the district court refused to enter would have granted retroactive competitive seniority to those thirty new black employees.</P> <P> The district court. We agree with the district court that the retroactive seniority part of the proposed consent decree would have diminished the seniority rights of incumbent employees. Which are legally enforceable rights guaranteed to them by their collective bargaining agreements. Or a finding that the provision was necessary and appropriate to remedy discrimination proven during a trial at which all affected parties had an opportunity to participate. We also conclude that the cross appeal is moot.</P> <P><CENTER><STRONG>I. The Hialeah workforce was approximately 17% black. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0362p-06.pdf">OPINION/ORDER</A><BR> Did not support the Government's claim that Abdi was an escape risk. Argues that the district court was correct in applying the suppression remedy for the warrantless arrest because it violated 8 U.S.C. § 1357(a)(2) and further. That the Government lacked probable cause to arrest him for a felony as required by the Fourth Amendment.2 Because we find that suppression is not an appropriate remedy for violation of the administrative warrant requirement of 8 U.S.C. § 1357(a)(2). That Abdi's Fourth Amendment rights were not violated by his public warrantless arrest based on probable cause. The essential background facts are as follows. A known and now convicted member of the Al Qaeda organization who was The Government argues that it satisfied the exception to the administrative warrant requirement under 8 U.S.C. § 1357(a)(2) because Abdi's arrest was based on probable cause and a well founded belief that Abdi presented an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061474p.pdf">OPINION/ORDER</A><BR> I. This matter is before us in the context of an ongoing grand jury investigation of suspected federal criminal activity. We will refer only to such facts as have been made public by the Assistant U.S. Because the grand jury is impaneled for only a limited lifetime. Some of his business dealings have apparently been carried out by an entity we call. It appears that Jane Doe is also a target of the grand jury investigation. If she was not at the outset. She certainly has 2 become a target in light of the events with which we are concerned. These are not at issue here. The Government was unsatisfied with the document production. The Government notified Attorney that it wished to have FBI and IRS experts perform a scan of the Organization's computers to recover stored information. Claiming that Attorney's advice regarding compliance with the subpoena is privileged. Attorney and Jane Doe were permitted to intervene with regard to the motion. The dispute before the District Court was limited to whether Attorney should be compelled to reveal the substance of his January 20. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/97opinions/97-1436.html">JAMES V. CALDERA<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-4206_014.pdf">OPINION/ORDER</A><BR> This action to vacate an arbitration award was brought by the Dexter Axle Company (Dexter). The CBA also allowed Dexter to periodically recalculate incentive standards in the event there was a significant change in method. The dispute was submitted to arbitration. I. Dexter is a manufacturer of trailer axles. The Union is the authorized bargaining representative for all production and maintenance workers at Dexter's Elkhart. Dexter and the Union were parties to a CBA. The terms of the incentive pay system are set forth in the sixteen sections of the Incentive Pay System Supplement (Supplement). The Supplement is a separate document from the sixteen articles of the CBA. Is made part of the CBA by the express language of Article XV. If no agreement is reached at Step Three. Except that the Arbitrator selected shall be a competent engineer in the field of work measurement or one who is experienced in arbitrating incentive grievances. The Arbitrator shall have no power to set a standard and/or rate. His authority shall be limited to reviewing whether the standard is proper and consistent with those established in the plant and has been properly applied. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4E87A68377C6DF9288256B3B0000D886/$file/0017036.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: We are asked to imply a private right of action for a debtor discharged from bankruptcy to enforce an alleged violation of 214 11 U.S.C. § 524. The district court concluded that the remedy Congress intended for violations of the discharge injunction is contempt pursuant to 11 U.S.C. § 105(a). Hold that a private cause of action is not available under § 524. We have jurisdiction pursuant to 28 U.S.C. § 1291. Before and after her debt was discharged on January 2. To debtors who are current on their loan payments on secured property and who continue to make payments. That her debts were discharged giving rise to the discharge injunction pursuant to § 524(a)(2) and (c). Was prohibited by § 524 and was an unfair and unconscionable means of collecting a debt under the FDCPA. Are before us on appeal. For violation of the FDCPA.1 1 A brief filed by amicus curiae American Financial Services Association supports the position taken by Wells Fargo. 216 II Although both parties agree that we have jurisdiction and a motions panel of this court ruled that we do pursuant to 28 U.S.C. § 1291. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar95/93-5209.opa.html">FLORES V. CARNIVAL CRUISE LINES<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Flores v. Circuit Judge:<p> <p> This case presents a novel question: if a seaman whose income consists mainly of tips becomes ill or injured and is unable to work. Can he recover those tips under the remedy for wages that is provided by admiralty law? We hold that the average tip income the seaman was earning prior to his incapacitation is to be included in the measure of wages he is due if he becomes unable to work.<p> <b>I. FACTS AND PROCEDURAL HISTORY</b><p> <p> Mario Flores is a seaman who signed two consecutive employment contracts to work as a cabin steward on cruise ships owned by Carnival Cruise Lines. Further provided:<p> If you have been contracted as a ... <i>CABIN STEWARD. [T]he tips you may expect go as high as <i>$1000.00 a month.</i> Carnival will take it upon itself to inform passengers of what is customarily tipped for the work that you perform.<p> <p> [Flores Br. 3. B] The underlined words and figures were typed into blank spaces on the original printed form.<p> Flores claims that he worked on the Ecstasy until April 27. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199711/96-7270a.txt">OPINION/ORDER</A><BR> Sheed were on brief. Are undisputed. 1992 the grievance was submitted to arbitration pursuant to the collective bargaining agreement. What is the appropriate remedy? Id. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar95/93-5209.opa.html">FLORES V. CARNIVAL CRUISE LINES<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Flores v. Circuit Judge:<p> <p> This case presents a novel question: if a seaman whose income consists mainly of tips becomes ill or injured and is unable to work. Can he recover those tips under the remedy for wages that is provided by admiralty law? We hold that the average tip income the seaman was earning prior to his incapacitation is to be included in the measure of wages he is due if he becomes unable to work.<p> <b>I. FACTS AND PROCEDURAL HISTORY</b><p> <p> Mario Flores is a seaman who signed two consecutive employment contracts to work as a cabin steward on cruise ships owned by Carnival Cruise Lines. Further provided:<p> If you have been contracted as a ... <i>CABIN STEWARD. [T]he tips you may expect go as high as <i>$1000.00 a month.</i> Carnival will take it upon itself to inform passengers of what is customarily tipped for the work that you perform.<p> <p> [Flores Br. 3. B] The underlined words and figures were typed into blank spaces on the original printed form.<p> Flores claims that he worked on the Ecstasy until April 27. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1998/98a1933p.txt">OPINION/ORDER</A><BR> Which was allowed without a recorded colloquy between Henderson and the judge regarding the dangers of self representation. Henderson was not represented by counsel at a subsequent pretrial hearing where he unsuccessfully moved to suppress his confession. He was represented by counsel at his trial. We must first decide whether his habeas 2 petition was time barred under provisions of the Antiterrorism and Effective Death Penalty Act of 1996 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2395_009.pdf">OPINION/ORDER</A><BR> The district court concluded that Richards' sole remedy was through the Merits Systems Protection Board (MSPB) and that his appeal from that decision should have been made to the United States Court of Appeals for the Federal Circuit. 1008 (7th Cir. 2002).1 Richards was a former supervisor in the Bureau of ATF. At the core of the torrent were Richards' first line supervisor. Richards did not want to leave Chicago where his wife was employed in a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/july97/94-3344.wpd.html">TYLER V. CITY OF MANHATTAN<BR></A><BR> The district court ruled that compensatory damages for mental and emotional injury were not available under the ADA absent intentional discrimination. The district court further concluded that Tyler had not claimed he was subjected to intentional discrimination. No cause exists for this court to resolve an issue raised not by Tyler but by the United States as amicus: whether compensatory damages are recoverable for unintentional violations of the ADA. Is disabled within the meaning of the ADA.(2) He is partially paralyzed and essentially unable to read. Sitting by designation. (1) The City suggests that the district court's judgment was not a final. Appealable judgment because it ordered only injunctive relief and the district court necessarily retains jurisdiction over the parties until they have complied with the terms of the injunction. An order or judgment is final for purposes of appeal if it resolves all substantive issues on the merits and effectively ends the litigation. There was thus a final. Tyler was free to appeal from anything in that judgment or the court's prior. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/05/963870P.pdf">OPINION/ORDER</A><BR> The Jenkins class argues that its status as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov98/96-3752.man.html">ALEXANDER V. HAWK (11/5/1998, NO. 96-3752)<BR></A><BR> Brought suit against prison officials claiming that their enforcement of new federal legislation restricting prisoners' access to magazines which are sexually explicit or feature nudity violates his First Amendment rights. The Federal Bureau of Prisons' ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D679CACF24947F0A88257098007A6180/$file/0215907.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. §§ 1291 and 1292(a)(2) and affirm. The Adcock family water system business was organized into four corporations. Some of which are named as defendants: Alco Water Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958751.OPA.pdf">OPINION/ORDER</A><BR> The plaintiffs are SunAmerica Corporation and its wholly owned subsidiary. Sun Life Insurance Company of America The ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2000/99-10096.opn.html">COTTON V. JACKSON (7/7/2000, NO. 99-10096)<BR></A><BR> Was employed as the Director of Continuing Education for South Georgia College (SGC). Told him to stay off campus until the matter was resolved. Plaintiff was told that he could file a response to the charges.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-2373.01A">OPINION/ORDER</A><BR> Is corrected as follows: 1. Pritzker could have exercised the buy out option as late as 10 years after the formation of the contract (withholding any payment until then). There is evidence in the record. The expert testified that this reduction to present value could have brought the present value of the redemption price as of December 3. Palcu & Miranda were on brief. Gonzalez & Rodriguez were on brief. Circuit Judge. remedial phase of a protracted dispute in which the main protagonists are a pair of erstwhile partners. Was either excessive. Or too 1The three appeals with which we are concerned today were consolidated for oral argument with three other appeals arising out of the same case. For the apparent purpose of funding Dopp's litigatory efforts we will address them in a separate and subsequent opinion. 4 niggardly. We write somewhat sparingly because the background of the litigation is already well documented. Were the majority shareholder. 6 seller canceled the letter of credit. We then remanded for 3Resolution is a remedy that. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/98opinions/98-1246a.html">QUALCOMM INC V. FCC<BR></A><BR> With him on the <p> brief were <i>Joel I. On <p> the brief was <i>Luisa L. The court held that <p> although the Federal Communications Commission ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2000/99-10096.opn.html">COTTON V. JACKSON (7/7/2000, NO. 99-10096)<BR></A><BR> Was employed as the Director of Continuing Education for South Georgia College (SGC). Told him to stay off campus until the matter was resolved. Plaintiff was told that he could file a response to the charges.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov98/96-3752.man.html">ALEXANDER V. HAWK (11/5/1998, NO. 96-3752)<BR></A><BR> Brought suit against prison officials claiming that their enforcement of new federal legislation restricting prisoners' access to magazines which are sexually explicit or feature nudity violates his First Amendment rights. The Federal Bureau of Prisons' ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/97-4906.man.html">WEAVER V. FLORIDA POWER & LIGHT CO. (4/13/1999, NO. 97-4906)<BR></A><BR> Because the district court had already decided those claims (and entered final judgment) and the claims were therefore barred by the doctrines of res judicata and waiver. We hold that injunctive relief was improper because the defendant has an adequate remedy at law namely. The district court abused its discretion by entering the injunction.</P> <P><CENTER>I.</CENTER> </P> <P> Mary Weaver was an employee of Florida Power &. Her employment was terminated. Weaver claimed that this termination was in violation of state and federal laws prohibiting sex and handicap discrimination. Her claims under the collective bargaining agreement were proceeding to arbitration (pursuant to the agreement). Therefore the district court's resolution of that action was res judicata as to the arbitration. Concluding that an injunction was necessary to protect the integrity of its judgment. It is well settled law that the filing of a notice of appeal divests the district court of jurisdiction over a case. <EM>See Griggs v. The district court entered its injunction while Weaver's appeal of her discrimination claims was still pending. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199907/98-1246a.txt">OPINION/ORDER</A><BR> With him on the brief were Joel I. On the brief was Luisa L. The court held that although the Federal Communications Commission ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/02/02-4126.htm">02-4126 -- SALT LAKE TRIBUNE PUBLISHING CO. V. AT&T CORP. -- 02/24/2003<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0280p-06.pdf">OPINION/ORDER</A><BR> Although both of these grounds were inapposite. The district court's dismissal is therefore AFFIRMED. Is a tract of land owned by the state and maintained by Eastern Kentucky University as a wildlife refuge and research facility. The Woods are designated a National Natural Landmark as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/97-4906.man.html">WEAVER V. FLORIDA POWER & LIGHT CO. (4/13/1999, NO. 97-4906)<BR></A><BR> Because the district court had already decided those claims (and entered final judgment) and the claims were therefore barred by the doctrines of res judicata and waiver. We hold that injunctive relief was improper because the defendant has an adequate remedy at law namely. The district court abused its discretion by entering the injunction.</P> <P><CENTER>I.</CENTER> </P> <P> Mary Weaver was an employee of Florida Power &. Her employment was terminated. Weaver claimed that this termination was in violation of state and federal laws prohibiting sex and handicap discrimination. Her claims under the collective bargaining agreement were proceeding to arbitration (pursuant to the agreement). Therefore the district court's resolution of that action was res judicata as to the arbitration. Concluding that an injunction was necessary to protect the integrity of its judgment. It is well settled law that the filing of a notice of appeal divests the district court of jurisdiction over a case. <EM>See Griggs v. The district court entered its injunction while Weaver's appeal of her discrimination claims was still pending. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/05/00-2451.htm">00-2451 -- U.S. V. CITY OF LAS CRUCES -- 05/07/2002<BR></A><BR> INTRODUCTION</strong> <p> This is an appeal from the district court's order dismissing the United States' suit to quiet title to water rights in a portion of the Rio Grande River. The purpose of the Reclamation Act was to facilitate irrigation of arid and semi arid western territories and states by providing for the construction of large scale irrigation works. <em>See Henkel v. The Project is one that grew out of the Act. It is expansive. Just below Elephant Butte Reservoir is Caballo Reservoir. Water is released into the Rio Grande riverbed. The water is then diverted by one of six diversion dams into canals running on either side of the river. Riverwater is further diverted into channels and ditches running to farmland. The water is used to irrigate crops. The process is repeated several times over the length of the Project to irrigate land in both southeastern New Mexico and western Texas. <p> Irrigation in the United States is not the sole use of Project water. Project water is also used outside of the United States. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0AE36BB776D83EF6882570D6007BE5ED/$file/0215907.pdf?openelement">OPINION/ORDER</A><BR> Is amended by the opinion filed concurrently with this order. The petition for panel rehearing is DENIED. No further petitions for panel rehearing or petitions for rehearing en banc will be entertained. We have jurisdiction under 28 U.S.C. §§ 1291 and 1292(a)(2) and affirm. ALISAL WATER CORP. 16325 business was organized into four corporations. Some of which are named as defendants: Alco Water Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200216733.pdf">OPINION/ORDER</A><BR> The district court found that Appellees David and Camilla Ogden were entitled to equitable relief under Section 502(a)(3). Inc.'s ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTU0MDItY3Zfb3BuLnBkZg==/04-5402-cv_opn.pdf">OPINION/ORDER</A><BR> (2) imposing a remedy disgorgement that defendants appellants allege is beyond the power of the federal courts. Defendants contend that the District Court's action was erroneous on several grounds. We consider two of the defendants' arguments in greater detail: (1) that the District Court should have allowed defendants to benefit from an exemption to the federal securities registration For reasons substantially similar to those articulated in this opinion. Franklin arose from the same district court proceedings and was argued befo re this Court in tandem with the instant cases. 1 2 requirements2 and (2) that the District Court exceeded its authority in granting equitable disgorgement of defendants' ill gotten profits. The facts below are drawn from the complaint of the SEC and the Cavanagh III opinion of the District Court. A Massachusetts corporation that was developing a fingerprint verification system. Prohibits the sale or delivery after sale of any security by means of interstate comm erce </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D81283026340099988256E1A0083167B/$file/0216397.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Defendant Professional Engineers in California Government ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/06/991456P.pdf">OPINION/ORDER</A><BR> Jurisdiction was proper in the district court based upon 28 U.S.C. §§ 1331. Jurisdiction is proper in this court based upon 28 U.S.C. § 1291. The notices of appeal were timely filed pursuant to Fed. Background The following is a brief summary of the undisputed facts as set forth in greater detail in the district court's summary judgment order dated November 3. Which was located within a 23.8acre tract of land owned and operated as a railroad switching yard by a corporate predecessor of UP. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july98/97-8423.man.html">LEE V. HUGHES (7/9/1998, NO. 97-8423)<BR></A><BR> We must decide whether a federal employee who is not afforded an administrative or judicial remedy under the Civil Service Reform Act of 1978 (codified and amended in various sections of 5 U.S.C.) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1235.wpd">OPINION/ORDER</A><BR> Local No. 7 entered into a collective bargaining agreement ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/023919p.pdf">OPINION/ORDER</A><BR> Because the review process is a long one and children are eligible for services under Part C of IDEA only up to the age of three. The issue we are called upon to resolve is whether paying de Mora for the time she personally spent working with her daughter after Bucks County refused to provide services is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/111F023237B68B4C88256CA90060C0A5/$file/0116735.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: It is settled law that a union may charge nonunion employees certain fees to pay for their </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1997/97a1648p.htm">OPINION/ORDER</A><BR> After Dorsainvil'sfirst <p>petition was denied on the merits. Ocsulis Dorsainvil was convicted in <p>the United States District Court for the Middle District of <p>Pennsylvania of conspiracy to distribute cocaine base. Dorsainvil <p>was in the driver's seat of a pickup truck from which the <p>drugs were to be sold. There was a gun in an open paper <p>bag next to the driver's seat. It was purchased by and registered to Dorsainvil. <p>There was testimony from police officers that. Dorsainvil was fumbling with his <p>pants. Where cocaine was found. Making movements <p>as if he were reaching for something in front of him. <p>Dorsainvil did not touch the gun. Was arrested without <p>incident. His wallet and personal papers were found in the <p>bag with the gun after his arrest. He denied that the <p>gun was related in any way to the drug transaction. His <p><u>pro se</u> petition was denied on the merits by orders dated <p>November 30. <p>and there was no appeal. The district court ruled that it <p>did not have jurisdiction to address the petition because of <p>changes effected in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1997/97a1648p.txt">OPINION/ORDER</A><BR> After Dorsainvil'sfirst petition was denied on the merits. Ocsulis Dorsainvil was convicted in the United States District Court for the Middle District of Pennsylvania of conspiracy to distribute cocaine base. Dorsainvil was in the driver's seat of a pickup truck from which the drugs were to be sold. There was a gun in an open paper bag next to the driver's seat. It was purchased by and registered to Dorsainvil. There was testimony from police officers that. Dorsainvil was fumbling with his pants. Where cocaine was found. Making movements as if he were reaching for something in front of him. Was arrested without incident. His wallet and personal papers were found in the bag with the gun after his arrest. He denied that the gun was related in any way to the drug transaction. His pro se petition was denied on the merits by orders dated November 30. There was no appeal. The district court ruled that it did not have jurisdiction to address the petition because of changes effected in § 2255 procedure by the recently enacted Antiterrorism and Effective Death Penalty Act of 1996. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D6D97F8B7B9FAE018825730D00567A4F/$file/0356601.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Richard Sherman (Sherman) was the attorney for several defendants in an enforcement action brought by the Securities and Exchange Commission (SEC) and in other actions in which those defendants were parties. Maintaining that there was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/05/031294P.pdf">OPINION/ORDER</A><BR> The district court held that First Reliance Standard Life Insurance Company was liable to Julie Parke under the Employment Retirement Income Security Act of 1974. For prejudgment interest during the period in which Parke's benefits were wrongfully delayed. 2) the First Reliance's obligation to pay benefits is not at issue and has not been disputed since early in the litigation. 2002 judgment was entered. Because we have already denied Parke's motion to dismiss the appeal on this ground. We will simply point out that jurisdiction is proper when an appeal is filed within 30 days after a final decision is rendered by the district court. See 28 U.S.C. § 1291 (2003) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july98/97-8423.man.html">LEE V. HUGHES (7/9/1998, NO. 97-8423)<BR></A><BR> We must decide whether a federal employee who is not afforded an administrative or judicial remedy under the Civil Service Reform Act of 1978 (codified and amended in various sections of 5 U.S.C.) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0151p-06.pdf">OPINION/ORDER</A><BR> While he was a tenant at the Jeffries Homes public housing project in Detroit. Is based on federal rights under the same statutes and regulations as described in Count I. Was diagnosed with lead poisoning at the age of two. Plaintiff's brief on appeal is devoid of any argument pertaining to an appeal from the June 21. This portion of the appeal is therefore deemed abandoned. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-1406.html">XECHEM INTERNATIONAL, INC. V. THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER, ET AL.<BR></A><BR> Argued for defendants <span class=SpellE>appellees</span>.<span style='mso spacerun:yes'>  </span>With him on the brief were <u>Marcy Hogan Greer</u> and <u>Robert E. Mso bidi language:AR SA'>[1]</span></sup></span><![endif]></span></span></sup></span></a> <span style='mso spacerun:yes'> </span>The only issue on appeal is whether the University is subject to suit in federal court to obtain correction of the <span class=SpellE>inventorship</span> of United States Patents No. 5. Font family:Arial'>The University's motion to dismiss was brought under Fed. P. 12(b)(6) (dismissal for failure to state a claim upon which relief can be granted).<span style='mso spacerun:yes'>  </span>When dismissal is on the pleadings. The plaintiff's well pleaded factual allegations are accepted as true and all reasonable factual inferences are drawn in its favor.<span style='mso spacerun:yes'>  </span><u>See</u> <u>Albright v. Disputed material facts are viewed in the light most favorable to the complainant).<o:p></o:p></span></p> <p class=MsoNormal style='text align:justify. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-1587.html">THE UNIVERSITY OF COLORADO FOUNDATION V. AMERICAN CYANAMID<BR></A><BR> Argued for plaintiffs appellees.<span style='mso spacerun:yes'>   </span>Of counsel on the brief were <u>Harold A. Colorado.<span style='mso spacerun:yes'>  </span>Also of counsel on the brief were <u>Robert N. Argued for defendant appellant.<span style='mso spacerun:yes'>  </span>With him on the brief were <u>Richard W. Elliot</u>.<span style='mso spacerun:yes'>  </span>Of counsel on the brief were <u>Donald R. Mso bidi language:AR SA'>[1]</span></span><![endif]></span></span></a> as a preface to the discussion of the issues on appeal.<span style='mso spacerun:yes'>  </span>Our recitation of the facts is based on the findings made by the district court after trial.</p> <p class=MsoBodyText2 style='text indent:.5in'>Prenatal supplements containing 60 65 mg of iron are widely used to ensure that pregnant women absorb the approximately 3.5 mg of supplemental iron per day they requ </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-9513.wpd">OPINION/ORDER</A><BR> Cease and desist from: (a) Threatening employees with unspecified reprisals because they engaged in union or protected activity. (b) Denying an employee the rights of union representation during an investigatory interview that the employee reasonably believes may result in disciplinary action. (c) Refusing to permit an employee to speak with the employee's union representative prior to an investigatory interview that the employee reasonablybelieves may result in disciplinary action. (d) Failing and refusing to inform an employee and the employee's union representative of the specific charges that are to be discussed during an investigatory interview that the employee reasonably believes may result in disciplinary action. (e) Threatening employees that they will be discharged for their protected or union activities. (f) Disciplining employees because of their protected or union activities. (g) Discharging employees because of their protected or union activities. (h) Refusing to bargain collectively with the American Postal Workers Union. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/97opinions/97-1399.html">HUNTER DOUGLAS V. HARMONIC DESIGN<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=01-1657_042.pdf">OPINION/ORDER</A><BR> This case presents the question whether a foreign national who is not informed of his right to consular notification under Article 36 of the OE Defendants also filed a Petition for Rehearing En Banc. Which was submitted to all judges in regular active service for a vote. Thus that petition is denied. Concluded that the answer was yes. Jogi I also held that the Vienna Convention is a self executing treaty. Since Jogi I was decided. The Court's reference to § 1983 prompted us to request supplemental memoranda in Jogi's case addressing two questions: (1) whether it is necessary to rely on § 1350 for subject matter jurisdiction in a Vienna Convention case. The No. 01 1657 3 parties have submitted their memoranda. We also have the benefit of an amicus curiae submission from the United States. In the interest of avoiding a decision on grounds broader than are necessary to resolve the case. We are persuaded that it is best not to rest subject matter jurisdiction on the ATS. Since it is unclear whether the treaty violation Jogi has alleged amounts to a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb2000/987416.txt">OPINION/ORDER</A><BR> He is not challenging the merits of the state conviction for 2 which he is presently incarcerated. He contends that because a former conviction for which he is no longer incarcerated or under any parole restraint was tainted by a constitutional infirmity. That conviction was improperly considered when he was sentenced for his second offense. We must first decide whether the conviction of hisfirst offense was considered by the sentencing judge in the matter for which he is presently incarcerated. If we find such jurisdiction we must then examine his first conviction to determine whether he was denied his Sixth Amendment right to competent counsel. If we agree with this contention then we must decide what remedy is available to him. When the local police were called to a high school graduation party at the home of Carol Ann Frank. Testimony was presented that Appellant attended the party along with his brothers. Apparently picked sides and a grand donnybrook was had by all until Carol Ann. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0325p-06.pdf">OPINION/ORDER</A><BR> Owens appealed both aspects of the judgment and the imposition of a second filing fee after his first complaint was dismissed for failure to exhaust. We also HOLD that a second filing fee should not be assessed to a prisoner whose initial complaint was dismissed without prejudice for failure to exhaust. Owens was imprisoned in Nashville. An individual program planner hearing was held pursuant to TDOC Administrative Policies and Procedures ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200211303.opn.pdf">OPINION/ORDER</A><BR> The question before us is whether Title IX implies a private right of action in favor of individuals who. Suffer retaliation because they have complained about gender discrimination suffered by others. The facts stated in appellant's complaint and all reasonable inferences therefrom are taken as true. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C740557C88F27A1888256D3A00540B8C/$file/9956762.pdf?openelement">OPINION/ORDER</A><BR> Were on the briefs. Were on the briefs. Were on the brief. Were on the brief for cross appellees Jack Lawn. Were on the brief for amici curiae International Human Rights Organizations and International Law Scholars. That Alvarez </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F66B803E3E2A35F088257060007D917E/$file/0357000.pdf?openelement">OPINION/ORDER</A><BR> The district court found that any state law claims were preempted by ERISA and that the remedy sought was not available under ERISA. Peralta asserts that subject matter jurisdiction is lacking or. We conclude that we have jurisdiction and affirm the grant of summary judgment in favor of defendant. The LTD policy was an employee benefits plan. Peralta was a beneficiary of the plan. Was involved in an automobile accident and suffered serious injuries. Believing that she was covered under HBI's LTD policy. No benefits were paid. June Wozny was HBI's HR manager. Wozny was in charge of the administration of HBI's employee benefits plan. One of her projects was to take </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6566B768B9F1E5E9882570CA00000E81/$file/0335924.pdf?openelement">OPINION/ORDER</A><BR> The Environmental Protection Agency ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/97opinions/97-1590.html">BRAZOS V. U.S. DEPT. OF AGRICULTURE<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/june97/95-5208.wpd.html">FLETCHER V. UNITED STATES<BR></A><BR> Some of whom were not entitled to vote in tribal elections or hold tribal office because they do not own an interest in the Osage mineral estate or headright. Because the district court proceeded without subject matter jurisdiction in light of the Osage Tribe's sovereign immunity and because the franchise was improperly extended in this case and a federal statute prescribed the form of tribal government for the Osage Tribe. It is a final appealable order. Each appendix is consecutively numbered. We will refer to the Appendix to Appellant Osage Tribal Council's Opening Brief as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991392.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The district court concluded that Banks was the statutory employee of Virginia Power and. That Banks' exclusive remedy was for workers' compensation benefits. I. Defendant Virginia Power is a Virginia public service corporation that produces. Was employed by Asplundh as a supervisor of tree trimming crews. His crew was assigned to work in Virginia pursuant to the Asplundh Virginia Power contract. While Banks and his crew were removing tree limbs from a Virginia Power distribution line in Clover. Virginia Power was self insured for workers' compensation benefits and. Virginia Power would have been liable under Virginia law to pay workers' compensation benefits to Banks. Asserting that the power line was either negligently or intentionally re energized by Virginia Power employees. Asserting that the court lacked subject matter jurisdiction because Virginia Power was Banks' statutory employer at the time of his accident and. That Banks' exclusive remedy under Virginia law was for workers' compensation benefits. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E1924E76EF2F80478825713A000137CE/$file/0356601.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Richard Sherman (Sherman) was the attorney for several defendants in an enforcement action brought by the Securities and Exchange Commission (SEC) and in other actions in which those defendants were parties. Maintaining that there was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-1524.pdf">OPINION/ORDER</A><BR> Of counsel were Michael J. With her on the brief was Peter D. Of counsel on the brief were John D. Of counsel was Ada E. With him on the brief was Greyson Bryan. With him on the brief were Julie C. Will Planert. With him on the brief were J. This is a statutory construction and agency deference case. The issue before us is whether Commerce's interpretation of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1446.01A">OPINION/ORDER</A><BR> Were on brief for appellant. The arbitrator ordered back pay to the workers who had received break in wages so that all workers would enjoy full wages during the period in which Kraft was in breach. 1996 shall be paid at the rate of eighty percent (80%) of the job rate in the classification in which the employee is working for the first six (6) months. All new production employees were paid the break in wages. The dispute was submitted to arbitration pursuant to the Agreement. Finding that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/98-4167.htm">98-4167 -- TAHY V. U.S. -- 08/26/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff appellant Notah Ben Tahy appeals from the district court's order dismissing his complaint brought pursuant to <u>Bivens v. He is a Native American. He was a special agent of the Federal Bureau of Investigation (FBI). Kirk was transferred to the FBI's Coeur d'Alene. His final administrative appeal of the termination was denied on September 15. The district court found that the remaining claims all were preempted by the Civil Service Reform Act of 1978. That it was proper to deny his motion to amend his complaint. <p> 1. <u><strong>Bivens</u> claim</strong> <p> The CSRA provides protection to federal employees </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/09/973545P.pdf">OPINION/ORDER</A><BR> The defendants are present and former owners of companies that furnished scrap wire to the site's proprietor for an environmentally unsound recycling process. McGuire was paid based on the weight of insulation burned off. He also may have conducted smelting activities generating slag that he deposited on the premises. MPCA staff advised its Commissioners that no RFRAs should be issued to the scrap dealers because their liability was not entirely clear. The RFI is an informal data gathering administrative procedure. It is described by MPCA as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-5042.pdf">OPINION/ORDER</A><BR> With him on the brief were William R. With her on the brief were Thomas L. Of counsel on the brief was Jason Roberts. Are not money mandating for purposes of the Samish claims. These claims are not within the trial court's Tucker Act or Indian Tucker Act jurisdiction. That the Samish claims to federal benefits for the 1969 to 1996 period are not time barred. We therefore reverse the dismissal of count two on limitations grounds and remand for further proceedings to determine whether the remaining statutes underlying the claim are money mandating. That but for federal misconduct they would have received federal benefits since 1969. The counterfactual ­ that they would otherwise have been acknowledged ­ is the first element to their claims for benefits between 1969 and 1996. For thirty three years the Samish have. More generally concerning the justiciability of federal recognition. 04 5042 2 Federal recognition or acknowledgement is a prerequisite to an Indian tribe's right to claim benefits under federal statutes. 25 C.F.R. § 83.2 (2005). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200301/01-7142a.txt">OPINION/ORDER</A><BR> With him on the briefs was Katherine Birmingham Wilmore. With him on the brief was Knox Bemis. The district court determined that the Ethiopia/Eritrea Claims Commis sion was a more appropriate forum for the plaintiffs' claims. Who was living in Ethiopia at that time. Were Ethiopian citizens of Eritrean descent. Was effectively expropriated when she was expelled from the country because Ethiopian banking regulations permit withdrawal of funds only when an account holder presents a passbook in person at the bank. It also creat ed the Ethiopia/Eritrea Claims Commission: The mandate of the Commission is to decide through binding arbitration all claims for loss. By nationals (including both natural and juridical persons) of one party against the Government of the other party or entities owned and controlled by the other party that are (a) related to the conflict that was the subject of the Framework Agreement. The decisions of the Commission are made by a panel of five arbitrators. Which is based in the Hague. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1997/97a1603p.txt">OPINION/ORDER</A><BR> This appeal by Karla Knabe arises from her civil action against Boury Corporation alleging that she was a victim of unlawful sexual harassment in violation of Title VII of the Civil Rights Act of 1964. While she was employed as a waitress at Boury's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/10/96-8046.htm">96-8046 -- PARKHURST V. SHILLINGER -- 10/23/1997<BR></A><BR> We affirm.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D12BAFD84138E886882572790082A486/$file/0416688.pdf?openelement">OPINION/ORDER</A><BR> McDermott Will & Emery LLP. We have jurisdiction under 28 U.S.C. § 1292(e). Plaintiffs alleged that women employed in Wal Mart stores: (1) are paid less than men in comparable positions. That the policies and practices underlying this discriminatory treatment are consistent throughout WalMart stores. That this discrimination is common to all women who work or have worked in Wal Mart stores. Which is estimated to include more than 1.5 million women. Plaintiffs filed a motion to certify a nationwide class of women who have been subjected to WalMart's allegedly discriminatory pay and promotions policies. Who have been or may be subjected to Wal Mart's challenged pay and management track promotions policies and practices. While the class size was large. The issues were not unusual. INC. 1341 court clearly stated that its decision would be limited to procedural questions because an adjudication of the merits was not appropriate at that early stage. The court's finding was mixed. The court denied Plaintiffs' request for certification with respect to backpay because data relating to challenged promotions were not available for all class members. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar96/95-8751.opa.html">SUNAMERICA CORP. V. SUN LIFE ASSURANCE CO.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Sunamerica Corp. v. The plaintiffs are SunAmerica Corporation and its wholly owned subsidiary. The defendants are Sun Life Assurance Company of Canada and its subsidiary. The district court's judgment permanently enjoined SunAmerica from further use of any SUN LIFE mark.<p> Although Sun Life of Canada is the senior user of the SUN LIFE mark. Were it not for the existence of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july99/97-6898.man.html">CHANDLER V. JAMES (7/13/1999, NO. 97-6898)<BR></A><BR> Because the states are bound by the First Amendment. We shall affirm the judgment of the district court as to the Governor's appeal.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-1581.01A">OPINION/ORDER</A><BR> A firm that was both his employer and the charterer of the barge. A K is immune from tort actions brought by covered employees like Morehead. As the bare boat charterer of the barge on which Morehead was injured. A K is deemed also to be the statutory vessel owner. It was in this capacity that A K was sued. 2 2 The case raises difficult questions of first impression in this circuit as to the liability of a so called dual capacity employer under the LHWCA. Or rather was in its capacity as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec94/92-2588.opa_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/01opinions/01-7142a.html">HIWOT NEMARIAM, ET AL V. ETHIOPIA<BR></A><BR> <span style='mso spacerun:yes'>                            </span>Appellees <span style='mso spacerun:yes'>          </span>Appeal from the United States District Court <span style='mso spacerun:yes'>                  </span>for the District of Columbia <span style='mso spacerun:yes'>                         </span>(No. 00cv01392) <span style='mso spacerun:yes'>     </span>Donald Francis Donovan argued the cause for appellants.<span style='mso spacerun:yes'>  </span> With him on the briefs was Katherine Birmingham Wilmore. <span style='mso spacerun:yes'>     </span>W. DeVier Pierson argued the cause for appellees.<span style='mso spacerun:yes'>  </span>With him on the brief was Knox Bemis. <br clear=all style='page break before:always'> <span style='mso spacerun:yes'>     </span>Before:<span style='mso spacerun:yes'>  </span>Ginsburg. Chief Judge:<span style='mso spacerun:yes'>  </span>Hiwot Nemariam and others appeal the district court's dismissal of their suit against Ethiopia seeking recovery for property damage they suffered during the border war between Ethiopia and Eritrea.<span style='mso spacerun:yes'>  </span>The district court determined that the Ethiopia/Eritrea Claims Commis sion was a more appropriate forum for the plaintiffs' claims. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/952304P.pdf">OPINION/ORDER</A><BR> I. C.H.L.R. is a corporation that operates Stanford's Comedy House in Little Rock. Glazer Cass County Music are officers. Jones was dayto day manager of the Comedy House in Little Rock. Are members of the American Society of Composers. Authors and Publishers (ASCAP). rights of its members.1 ASCAP is a performing rights society. ASCAP contacted Jones to advise him of the need for an ASCAP license if ASCAP sound recordings were to be played at the club. That is. A list of ASCAP music was obtained. Music tapes were made that included no ASCAP recordings. The staff was instructed to play only the recorded non ASCAP tapes when the club was open for business. Is not a party to this suit. As will be seen. ASCAP was a key player in the events leading up to the lawsuit. 2 1 action on a copyright infringement claim. The music companies that are appellees here. that any copyright infringements were the result C.H.L.R. contends of its employees' inadvertence and were unknown to management. Another performing rights society) or </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july99/97-6898.man.html">CHANDLER V. JAMES (7/13/1999, NO. 97-6898)<BR></A><BR> Because the states are bound by the First Amendment. We shall affirm the judgment of the district court as to the Governor's appeal.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7143BA2AF101AC5488256DE6000198C4/$file/0235077.pdf?openelement">OPINION/ORDER</A><BR> Is limited to $200. Rabkin is a liver transplant surgeon who contends that after he raised concerns about patient well being under a fellow physician's care. Rabkin was originally recruited to serve as director of OHSU's Liver Transplant Program in 1991. Who did not have confidence in Dr. Trunkey's decision was based on Dr. Rabkin was reinstated as director under the supervision of John Barry. Orloff was still unhappy with the new arrange RABKIN v. OREGON HEALTH SCIENCES 16611 ment and was exploring other opportunities. His recommendation was followed. Before he was placed on the tenure track. Orloff's patient mortality rate was double his own. Rabkin was informed that he was no longer director of the Liver Transplant Program and that a third transplant surgeon would be recruited as the new director. We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-5109.html">MUSIC SQUARE CHURCH V. U.S.<BR></A><BR> On the brief were <U>Eric M. With him on the brief were <U>Loretta C. MSC is a church founded by Tony and Susan Alamo. The Commissioner of Internal Revenue determined that MSC was not an organization described in 26 U.S.C. § 501(c). The stated bases for the revocation were that: MSC was so closely operated and controlled by and for the benefit of Tony Alamo that it enjoyed no substantive independent existence. That MSC was formed and operated by Tony Alamo for the principal purpose of willfully attempting to defeat or evade federal income tax. That MSC was inseparable from Tony Alamo. Even with a one and a half year delay that may have been agreed to by the parties. Seeking a determination that the Final Notice of Adverse Determination was void as untimely. The Court of Federal Claims struck MSC s argument that the IRS Final Determination letter was untimely. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(3) (Supp. 1999). </P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200310570.pdf">OPINION/ORDER</A><BR> We find that removal was not precluded by the CAA and was thus proper under 28 U.S.C. § 1442(a)(1). Has given the individual states a great responsibility for ensuring that national air quality standards are attained within their geographical areas. State and local governments are 2 required to develop plans that provide for implementation. So long as they are not less stringent than the national standards. The Navy facilities located in Jacksonville are subject to both the State and City air pollution regulations. The City does not claim that any are continuing in nature. While this motion was pending. The Navy argued that dismissal of the case was proper because the City instituted this action purely to recover punitive penalties. That the case was otherwise properly removed. Although the issue of removal was not certified in the interlocutory appeal. It is properly before this Court because a § 1292(b) appeal brings up the entire district court order. It was pursuant to § 1442(a)(1) that the Navy removed the case against it to federal district court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0074p-06.pdf">OPINION/ORDER</A><BR> Gore appeals the district court's grant of summary judgment in which all claims were dismissed in favor of the employer/ERISA plan administrator El Paso Energy Corporation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-4086.PDF">OPINION/ORDER</A><BR> The police discussed several potential threats to officer safety including the fact that pit bull dogs (known for their hostility to strangers) had been seen on the property (although it was unclear whether the dogs belonged to Sutton or a neighbor) and the fact that some individuals seen entering Sutton's home had a history of drug and weapons offenses. The officers decided to have their firearms at the ready when they executed the warrant. Reilly noticed that the screen door was almost ripped out consistent with the presence of dogs. She also noted that the inner door was slightly ajar. No weapons or pit bulls were found during the subsequent search. Sutton was ultimately charged with conspiracy to commit bank fraud and with bank fraud. The district court found that the Madison officers' failure to comply fully with the knockand announce requirement was reasonable based on the circumstances and the information the officers had at the time. After her suppression motion was denied. She was sentenced to two concurrent terms of twenty one months imprisonment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/01/00-2136.htm">00-2136 -- JOSEPH A. V. INGRAM -- 01/07/2002<BR></A><BR> <a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar96/95-8751.opa.html">SUNAMERICA CORP. V. SUN LIFE ASSURANCE CO.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Sunamerica Corp. v. The plaintiffs are SunAmerica Corporation and its wholly owned subsidiary. The defendants are Sun Life Assurance Company of Canada and its subsidiary. The district court's judgment permanently enjoined SunAmerica from further use of any SUN LIFE mark.<p> Although Sun Life of Canada is the senior user of the SUN LIFE mark. Were it not for the existence of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/nov96/96-1091.wpd.html">UNITED STATES V. CITY AND CTY. OF DENVER<BR></A><BR> The parties represented by attorneys should have been switched. The names of the Environmental Protection Agency attorneys have been added. Attached is the corrected version of the cover page. The district court granted summary judgment on the grounds that Denver's zoning ordinance is preempted by the Comprehensive Environmental Responses. Waste sites subject to CERCLA include virtually any place where hazardous substances are located. Is subject to EPA funded cleanup activity. These EPA cleanups are financed by the Superfund. The core of the CERCLA cleanup program is the National Contingency Plan. The Plan provides that once a hazardous waste site is identified. It should be evaluated to determine whether a remedial action is required. The cleanup plan is then finalized. The EPA's remedy decision is documented in a record of decision. The Denver Radium Superfund Site is divided into eleven operable units comprising over forty locations which were contaminated by radioactive waste in the early 1900s. The largest of which is owned by the S.W. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/May2003/0138052.pdf">OPINION/ORDER</A><BR> MD 21201 Amicus Law Professors in support of Appellant *** Joining Professor Lipson on the brief are Professors Ralph Brubaker. Introduction This is an appeal from an Order of the District Court. The question on appeal is whether the decision of the United States Supreme Court in Hartford Underwriters Ins. While the question in Hartford Underwriters was one of a nontrustee's right unilaterally to circumvent the Code's remedial scheme. Our conclusion is consistent with the received wisdom that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec94/92-2588.opa_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1064.01A">OPINION/ORDER</A><BR> Were on brief. Were on brief. Appellee is the Poland Spring Corporation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/feb96/94-6451.html">CANNON V. GROUP HEALTH SERV.<BR></A><BR> Cannon's claims were preempted by the Employee Retirement Income Security Act (ERISA). I Phyllis Cannon was diagnosed with acute myeloblastic leukemia in September of 1991. She was treated with chemotherapy. Contending the treatment was experimental during a first remission of leukemia. Saez requested the insurers reconsider his request and submitted medical literature in an attempt to demonstrate his proposed treatment was not experimental. Saez also informed the insurers his request needed urgent action because it was critical the ABMT be completed prior to any cancer recurrence. Cannon was not notified until October 10. None was ever administered. She was admitted into the hospital on October 12. Cannon was insured through her employer. Cannon was first diagnosed with leukemia in September 1991. The Blue Lincs HMO plan provided: The following services or procedures are not covered by BlueLincs HMO: . . . . (13) Organ transplants other than skin. Blue Lincs HMO issued an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2590.01A">OPINION/ORDER</A><BR> P.A.</SPAN> was on brief for appellants.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Dec1994/94a0921p.txt">OPINION/ORDER</A><BR> Is the largest housing agency in Pennsylvania and fourth largest in the United States. The agency is governed by a board of commissioners consisting of five members. Paone was named as PHA's new executive director. Feldman was responsible for investigating. Feldman was required to present his findings and observations to the executive director and the board of commissioners. His work was considered exemplary. Many of his reports criticized the job PHA's management was doing. Paone was particularly displeased with Feldman after he reported that management had promoted a PHA employee who was under investigation for corruption. Which was responsible for the agency's fencing contracts. Was involved in an illegal bid rigging scheme. Several PHA employees were linked to the unlawful activity. Including which PHA employees were probably involved. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/93opinions/93-1859a.html">SW MDSEING CORP V. NLRB<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200213050.pdf">OPINION/ORDER</A><BR> Circuit Judge: INTRODUCTION The Platinum Club is an adult entertainment establishment that occupies real property owned by Harvey J. and Bobbie J. The Club is allegedly used as a front for prostitution and money laundering. PROCEDURAL HISTORY The Bowmans have owned and operated the Platinum Club in Anniston. No other action was taken at that time and the Club remained open for business. The investigation into the illegal activities at the Club continued after the civil forfeiture action was filed. Who was an entertainer at the Club (both before and after the search and seizure by state officials). The cooperating witness stated that prostitution at the Club continued as usual after the club was searched by state authorities. Special Agent Perkins also located a customer of the Club who admitted that he exchanged sex with an employee of the Club for money after the civil forfeiture action was filed. Or (ii) makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the Government to seize the property without prior notice and an opportunity for the property owner to be heard. 18 U.S.C. § 985(d)(1). 4 § 985(d)(2). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0258p-06.pdf">OPINION/ORDER</A><BR> This case is a civil action brought by the estate of Melva Dee Parrott (represented by Donald Blaty) against Eagle Village. The second appeal in this case is brought by Blaty. I. Melva Dee Parrott was born on May 4. Parrott and her three siblings were removed from their parents' home and placed in the custody of Eagle Village. The civil action underlying these appeals was filed by Donald Blaty. Frontier Insurance was placed on rehabilitation1 by the New York Supreme Court. The New York court ordered that parties to all actions in which Frontier is obligated to defend a party 1 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/873DECC7DDD1B89088256DFF00005E5E/$file/0215986.pdf?openelement">OPINION/ORDER</A><BR> The Ordinance prevents mobile home parks from raising the rent on a mobile home </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1117.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Purvis's motion (1) This order and judgment is not binding precedent except under the doctrines of law of the case. Purvis was convicted in the United States District Court for the Southern District of Iowa on one count of engaging in a continuing criminal enterprise ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1527.01A">OPINION/ORDER</A><BR> Dina Warner and Dechert Price & Rhoads were on brief for appellant. Crabtree & Strong were on brief for appellee. Because we find that the primary ground of the court's order is a defense that was waived by Sylvania. That the court's findings were insufficient to support its action on the alternative ground urged by Sylvania. The primary problem was the tendency of the sole to separate from the 2 2 leather body of the shoe. Knapp was assured by Sylvania on various occasions between 1987 and 1989 that the sole adhesion problem had been remedied. Were untrue. Laws Ann. ch. 93A (count 8).1 The gravamen of all these claims was that too many of the shoes manufactured by Sylvania and sold to Knapp were defective. Knapp's complaint was quite detailed in setting forth the categories of damages it claimed to have suffered. Increased costs because Knapp was forced to make substitute purchases from other manufacturers. Losses in good will and in customer orders due to Sylvania's conduct. The counterclaim suggested that any defects were due to Knapp's own specification of materials to be used in manufacturing its shoes. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0184p-06.pdf">OPINION/ORDER</A><BR> To have internet access </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0110p-06.pdf">OPINION/ORDER</A><BR> I Chippewa is a corporation chartered under the laws of the Keweenaw Bay Indian Community (a federally recognized tribe) and located on an Indian reservation in Michigan. When the Michigan State Police stopped a truck containing tobacco products that were being shipped to Chippewa by UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT X No. 03 1445 > . The truck's driver was Andrew Arch. Which is a violation of TPTA. The TPTA statutory scheme requires police to give notice to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAxLTYyNDgtY3Zfb3BuLnBkZg==/01-6248-cv_opn.pdf">OPINION/ORDER</A><BR> A liberal reading of Dotson's pro se appellate brief suggests that he raises the following challenges to the judgment of dismissal: (1) the district court should not have ruled 2 on the dismissal motion without hearing oral argument. (5) the court erred in ruling that Dotson's Bivens claim for money damages and his equitable action for reinstatement were precluded by the Civil Service Reform Act of 1978 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0426p-06.pdf">OPINION/ORDER</A><BR> Plaintiffs asked the state defendants to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062287p.pdf">OPINION/ORDER</A><BR> We will affirm. A professional service corporation that is effectively controlled by HUMC. Which is a private practice of infectious disease physicians. The CID and HUMC are separate entities. Sperber provided at the HUMC Clinic were covered under a grant. Collins signed certifications that included the following: I certify that none of the above service units have been previously submitted and paid. All of the billable units are in compliance with the authorized budget and contracted for scope of service. All services below have been provided and/or delivered as specified. One of the conditions of the Grant was that it could not be used to replace existing financial support. HUMC understood this provision to mean that it was entitled to reimbursement by the Grant for services that were payable by Medicare. This was an incorrect interpretation. This was caused by a breakdown in HUMC's billing system. Billing information was generated by physicians and then sent to the physician billing department. Flynn explained that for claims that were reimbursable by the Grant. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1995/95a1039p.txt">OPINION/ORDER</A><BR> Finding that appellees' decision not to reappoint appellant to a further annual term as township working roadmaster was predicated on appellant's exercise of his First Amendment rights. We will reverse the judgment of the district court and remand for entry of an order of reinstatement and for a new trial on compensatory damages. The three member Board is responsible for </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1997/97a1572p.txt">OPINION/ORDER</A><BR> Circuit Judge: This case comes before us a second time for a determination whether New Jersey's regulation of the disposal of solid waste is constitutional under the Commerce Clause of the Constitution. Are Atlantic Coast Demolition & Recycling. The latter two plaintiffs are. The defendants are the New Jersey Department of Environmental Protection (NJDEP). The Carbone plaintiffs and the defendants have appealed the district court's decision. We will affirm the district court's findings that New Jersey's flow control laws and regulations are unconstitutional insofar as they discriminate against out of state waste processing facilities. We will not. We have jurisdiction under 28 U.S.C. 1291. I. FACTS As this nation's prosperity and consumption have increased over the years. States have attempted to meet those concerns by limiting or banning the importation of solid waste. States and municipalities have erected barriers to the exportation of solid waste in the hope that in state control of solid waste facilities will protect their communities from environmental harm. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9E98FD08180A53EB882572B10055F428/$file/0476132.pdf?openelement">OPINION/ORDER</A><BR> The relevant facts are not disputed. Tower had 91 employees who were eligible for union representation. A repSuch an order is named for NLRB v. NLRB 3773 resentation election was held. Only 37 of the 79 votes cast were cast in favor of representation by the Union. Reinstate and provide restitution to the two employees who were fired for their support of the union organizing drive. Enumerates the union related rights of employees: Employees shall have the right to self organization. Shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 1588(a)(3) of this title. 3 3774 UNITED STEELWORKERS v. The panel also affirmed all but one of the ALJ's recommended remedies: It disagreed that a Gissel order was warranted. That a Gissel bargaining order is not necessary. We find that the Board's traditional cease and desist and other affirmative remedies including posting of a notice will sufficiently address [Tower's] misconduct to ensure that a fair rerun election can be held. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/misc%20dkt-765.pdf">OPINION/ORDER</A><BR> With him on the petition for writ of mandamus was James A. Seeking to establish a right to indemnification in the event Videotek was held liable to TLC. Seeking a declaration that TLC's asserted patents were invalid. Alleging that Gennum was liable for direct and contributory infringement of the four asserted patents. The district court entered an order that had the effect of significantly reducing the amount of damages TLC would be able to recover from Gennum if infringement were found. Maintained that it was still entitled to a trial by jury. Noting that Gennum was seeking to invalidate the patents. TLC argued that a declaratory judgment action to invalidate a patent is an action to which the right of trial by jury attaches. This court held that there is no right to a jury trial when the only remedy sought by the plaintiff patentee is an injunction and the defendant has asserted patent invalidity as an affirmative defense. The court noted that Tegal was not directly on point because in that case the issue of invalidity was asserted only as an affirmative defense and not as an independent claim. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04b0004p-06.pdf">OPINION/ORDER</A><BR> Are vendors who filed timely reclamation claims against the Debtor. Appellants now appeal the bankruptcy court's decision finding that their reclamation claims are not entitled to administrative expense priority pursuant to 11 U.S.C. § 546(c)(2) and relegating their claims to the status of general unsecured. I. ISSUES ON APPEAL (1) Whether the bankruptcy court erred in denying administrative expense priority or a lien to reclaiming sellers whose goods were proposed to be consumed by the Debtor in its manufacturing activities. (2) Whether the bankruptcy court erred in determining the validity and priority of reclamation claims pursuant to motion rather than adversary complaint. (3) Whether the bankruptcy court erred in determining that the Appellants were not entitled to require a marshaling of the assets to protect their reclamation claims. Neither party has timely elected to have this appeal heard by the district court. 28 U.S.C. § 158(b)(6). The order and judgment on appeal are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/034792A.P.pdf">OPINION/ORDER</A><BR> The names of these individuals are classified. As is much of the information pertinent to this appeal. We have avoided reference to classified material to the greatest extent possible. We are presented with questions of grave significance questions that test the commitment of this nation to an independent judiciary. We agree with the district court that the Government's proposed substitutions for the witnesses' deposition testimony are inadequate. We reverse the district court insofar as it held that it is not possible to craft adequate substitutions. Moussaoui was arrested for an immigration violation in midAugust 2001 and. Was indicted on several charges of conspiracy related to the September 11 attacks. The Government filed a superceding indictment charging Moussaoui with six offenses: conspiracy to commit acts of terrorism tranThe name </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-1333.html">STONE CONTAINER CORPORATION V. U.S.<BR></A><BR> With him on the brief were <u>Mark S. With him on the brief were <u>David W. Exporters have filed thousands of refund claims seeking recovery of HMT payments. Many of these refund suits were filed some years after the taxes were paid. This case was designated as a test case by the Court of International Trade to determine the applicable limitations period for these suits. That the limitations period was tolled by the filing of the class action in <u>Baxter Healthcare Corp. v. That the tolling period expired when the class action was dismissed by the district court in <u>Baxter</u>. We <u>affirm</u>.</p> <p ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/08/063618P.pdf">OPINION/ORDER</A><BR> The counts were unauthorized access device trafficking. Elmardoudi argues that the district court should have dismissed the earlier case with prejudice. Elmardoudi was arrested for </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200613182.pdf">OPINION/ORDER</A><BR> That she is entitled to a $400. The School Board claims she is entitled only to $300. Bradshaw's award is limited only by the combined effect of state and federal law limits on damages. The jury was not instructed to apportion its award of damages between Bradshaw's federal law and state law claims. Which is as it should be. The substantive prohibitions of Title VII and the Florida Civil Rights Act are not importantly different­indeed. Much like her recovery under Title VII is limited to $300. Courts have read it to limit the entire judgment that an individual plaintiff can recover in a single case. Regardless of the number of causes of action upon which the judgment 5 is predicated. 000 per plaintiff limit is not affected by the presence of more than one underlying claim. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/oct97/96-8046.wpd.html">PARKHURST V. SHILLINGER<BR></A><BR> We affirm.(1) Petitioner was convicted of first degree murder and assault with a deadly weapon. Petitioner argued that (1) the vehicle in which he was riding after the crimes were committed was stopped by police without probable cause and the evidence seized therein should have been suppressed. (2) the consent to search the vehicle was obtained illegally and the evidence should also have been suppressed on that basis. These claims were rejected. Petitioner's conviction was affirmed. Which provide a remedy for felons in custody in state penal institutions who believe they are unconstitutionally confined. The case is therefore ordered submitted without oral argument. his right to remain silent. Claiming that the state trial court lost jurisdiction to try him because he was insane at the time the crimes were committed.(2) After the district court denied the petition because the claim was not cognizable under the Wyoming habeas system. This was the first time that petitioner raised in a state forum the issue he now seeks to have reviewed in federal court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200516756.pdf">OPINION/ORDER</A><BR> Sr. was indicted by a grand jury in the Southern District of Georgia for conspiracy. Walker is a former Georgia state legislator. He was charged along with three corporate defendants: The Augusta Focus. A holding company that owns other companies and is owned by Walker (collectively </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/10/99-2344.htm">99-2344 -- SOUTHWEST AIR AMBULANCE INC. V. CITY OF LAS CRUCES -- 10/16/2001<BR></A><BR> John Richardson is the president of Southwest. Which is owned and operated by the City of Las Cruces (the City). <p> On June 1. Are prohibited from offering any commercial service to the public upon or within the boundaries of the Airport. <p> <u>Id.</u> at </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Jul2004/Jul13/03-60529-CV0.wpd.pdf">OPINION/ORDER</A><BR> The case was tried to the magistrate judge. Arguing that this court was without jurisdiction because the order from which MDOC appeals was inherently tentative. The order from which MDOC appeals is the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1727.01A">OPINION/ORDER</A><BR> P.C.</SPAN> was on brief. Were on brief. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199806/97-1401a.txt">OPINION/ORDER</A><BR> With him on the briefs was John C. With him on the brief were Linda Sher. Circuit Judge: This is a petition for review of a supplemental decision and order of the National Labor Rela tions Board affirming an Administrative Law Judge's calcula tion of the amount of a back pay award. Thus were entitled to back pay. Bufco Corporation are Indiana corporations closely held by the Corbett family.1 For more than thirty years. International 1 Bill Corbett is the sole owner of Corbett Electrical. Initially he was also the sole owner of Bufco. Brotherhood of Electrical Workers as the exclusive bargain ing representative for its employees in its residential and commercial electrical units.2 Bufco was incorporated in 1970 and began engaging in construction work on single family and multifamily housing projects. Corbett Electric terminated its membership in NECA and informed the Union that it was repudiating both the residential and commercial bargaining agreements. The Board found that Bufco was the alter ego of Corbett Electric and that both companies had violated Sections 8(a)(5) and (8)(a)(1) of the National Labor Relations Act. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/98-1225.htm">98-1225 -- FISCHER IMAGING CORP. V. GENERAL ELECTRIC CO. -- 08/03/1999<BR></A><BR> The units are used in a medical imaging product produced by GE. Parties may </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971087.P.pdf">OPINION/ORDER</A><BR> Line 3 counsel's name is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept1997/97a1705p.txt">OPINION/ORDER</A><BR> Whether the obligors on unmatured promissory notes can obtain declaratory relief against the obligees of those notes and have the notes declared void and unenforceable. Whether transactions involving investment securities are covered under section 9.2(a) of the Pennsylvania Unfair Trade 2 Practices and Consumer Protection Law ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200410436.pdf">OPINION/ORDER</A><BR> Sitting by designation. * This appeal arises out of a state law bad faith claim against Government Employees Insurance Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2095.PDF">OPINION/ORDER</A><BR> Even though Harley Davidson was seeking the equitable remedy of rescission rather than tort damages. Its misrepresentation claim was barred under Wisconsin's economic loss doctrine. This system is designed to enhance customer satisfaction with ownership. A failure to respond is deemed an approval. Then PowerSports would have had 60 days following that rejection to file with the Florida Department of Highway Safety and Motor Vehicles to determine if the rejection violated Florida law. No. 02 2095 3 dealers are required to have an on site owner operator. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/974466.P.pdf">OPINION/ORDER</A><BR> Sitting by designation </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/12/982803P.pdf">OPINION/ORDER</A><BR> Hopkins was dismissed from his position as director of the Division of Grain Inspection and Warehousing (the Division) of the Missouri Department of Agriculture (the Department) without receiving prior notice or a hearing. 1 We grant Hopkins' motion to supplement the record. 2 Hopkins sought review of his dismissal by filing an appeal with the Agriculture Personnel Review Board (APRB). The purpose of this plan and the APRB was to ensure that Division employees were employed on the basis of job qualifications rather than political affiliations. The Department responded to Hopkins' appeal with a letter explaining that the 1978 plan was void and that the APRB no longer existed. Chapter 36 is a state merit system law that was enacted by the Missouri legislature in 1979. That the 1978 plan remained applicable to those employees who were excepted from the PAB's procedures. Concluding that it lacked jurisdiction to hear his appeal and that the proper forum for such an appeal was the APRB. Alleging that he was dismissed in violation of his due process rights and in violation of Missouri's whistleblower statute. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Jun2004/Jun04/03-30115-CV0.wpd.pdf">OPINION/ORDER</A><BR> Circuit Judge: Jaysukh Zalawadia was deported to India while his habeas appeal challenging the legality of the deportation order was pending. We hold that we have habeas jurisdiction over this petition. To grant relief beyond simply vacating the defective order under which he was deported. Whose liberty interests and rights are now no longer encumbered by the deportation order. Was admitted into the United States in September 1988. He pleaded guilty to a charge of burglary and felony theft and was sentenced to two years probation and required to pay restitution. They were not deportable </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/415240927EA7598F88256CCC005B6A86/$file/0070724.pdf?openelement">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200511527.pdf">OPINION/ORDER</A><BR> They assert that these tax provisions so seriously underfund public education in Alabama that they have a segregative effect on Alabama's colleges and universities. I. This case was filed in 1981. Curriculum policies at The United States Department of Education informed Governor Fob James and the various university presidents that there were vestiges of a prior de jure segregated system of higher education in Alabama. Was permitted to intervene. 2 1 historically white institutions. Plaintiffs must demonstrate that they are traceable to the State's prior de jure system of segregation in higher education. The burden shifts to the State to prove that these policies do not have a continuing segregative effect. We reviewed the If the State is unable to show that the challenged policy has no continuing segregative effects. The State may nevertheless escape liability if </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug97/94-9121.ma2.html">DAVIS V. MONROE COUNTY BD. OF EDUC.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Davis v. 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199808/98-3077d.txt">OPINION/ORDER</A><BR> Cohen were on the petition and reply. Were on the response. We conclude that we have power to determine the issues presented by the petition. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1C1298DB8B834FC388256D81005C56F8/$file/0215301.pdf?openelement">OPINION/ORDER</A><BR> McKesson HBOC is suing its own shareholders for unjust enrichment arising from a merger between McKesson and HBO & Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1648.PDF">OPINION/ORDER</A><BR> To defraud Milgray by purchasing components from a company named Microcomp that Gnat and Slupik had created and were operating in violation of their duty to their employer. The company may have been careless in failing to discover the bribes sooner. It may even have known about the bribes but not cared because it thought it was getting a good price and excellent service Nos. 03 1648. That is a matter of fierce dispute but Williams does admit being aware that some of its suppliers. Were giving gift certificates ranging from $25 to $500 to its employees at Christmas time. Provided that any gift in excess of $100 was disclosed to and approved by a company audit board. Except that buyers (such as Barry) were forbidden to accept any gift. The cash bribes received by Barry were not considered by either donor or recipient to be Christmas gifts. Commercial bribery is a garden variety of fraud. Here consisting of the suppliers' concealing from Williams the fact that they were bribing its buyer. He instructed the jury that if Williams had known or </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/May2004/031226p.pdf">OPINION/ORDER</A><BR> Plaintiffs are a class of mentally retarded adults in need of medical services from an intermediate care facility for persons with mental retardation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BE16CAFE31E5FACB88256F62005D8BF4/$file/0216155.pdf?openelement">OPINION/ORDER</A><BR> I. Background Plaintiffs are six former tenants of three substandard Single Resident Occupancy hotels ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1962.01A">OPINION/ORDER</A><BR> LLC</SPAN> were on brief for appellant. P.A.</SPAN> were on brief for cross appellant. It ruled that because the Advest IRA was in Cox's name when Cox petitioned for bankruptcy. Hence was not subject to the later judgment of the divorce court. We reverse the court's decision as to the Advest IRA and remand for further proceedings consistent with this opinion. </P> <UL> <LI><STRONG>BACKGROUND</STRONG></LI> </UL> <P> Laurie Davis and Thomas Cox were married on August 17. They have two minor children. Davis was a homemaker and. Cox was a successful commercial attorney. The court was required by Maine law to issue. The preliminary injunction was meant to keep intact. Is equitably divided by the court between the divorcing pair irrespective of in whose name it was held. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200515619.pdf">OPINION/ORDER</A><BR> Sitting by designation. * Employers generally are liable for a supervisor's sexual harassment if the harassment is severe and pervasive enough to result in a hostile work environment amounting to discrimination prohibited by Title VII. There is. Some of which we have not addressed before. I. The facts we consider are taken from our view of the evidence in the light most favorable to Susan Baldwin. The plaintiff who suffered summary judgment in the district court and is the appellant here. There is no evidence that either of them had been involved in any reported incidents of sexual harassment before the events at issue here. There are enough brush strokes that we can see that there were problems. That when Baldwin was first hired. The only reason you are here is because we needed a skirt in the office. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept2002/00-16138.opn.html">ALABAMA POWER CO. V. UNITED STATES DEP'T OF ENERGY (9/24/2002, NO. 00-16138)<BR></A><BR> An offset against future payments that Exelon (like all other utilities that produce nuclear waste) is obligated to pay into</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3E31D64AF011AAA08825719D005CA334/$file/0550597.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Defendant Jose A. appeals the district court's finding that he is a juvenile delinquent under 18 U.S.C. § 5032. Fifteen year old Jose was arrested after government agents found cocaine hidden in the vehicle he was driving from Mexico into the United States. Because Jose was a minor. We have jurisdiction under 28 U.S.C. § 1291. Jose was driving a gray Toyota 4 Runner with a Mexican license plate. Jose stated that the vehicle was his. The 4Runner was taken for a secondary inspection. When Agent Cabrera asked Jose if he knew why he was being detained. Jose replied that the agents had told him that he was being detained because they found drugs in the car he brought across the border. Because he was a minor. Jose responded that his family did not have a telephone. Llanes Angulo told Agent Cabrera that Jose's mother was at work and that she did not have access to a phone at her workplace. She also said that she did not have a telephone number for Jose's father. Who was separated from Jose's mother. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0037p-06.pdf">OPINION/ORDER</A><BR> Asserted that the supplemental arbitration award is null and void. Since Defendants were time barred in requesting that the original arbitration award be vacated. Correct or confirm an arbitration award issued in December of 1998 is time barred pursuant to Ohio Rev. The Company is engaged in the production of fine pottery and chinaware at its facility in Wellsville. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/nov95/94-8062.html">SCHILLINGER V. HAWORTH<BR></A><BR> The district court held that the defendant's Sixth Amendment rights were * Honorable Kathryn H. We agree that under the facts found by the Wyoming courts the defendant's Sixth Amendment rights were violated. Steven Haworth was arrested after using his pocketknife against Rod Risk in an early morning brawl outside the Lazy 8 Bar. Haworth was charged with aggravated assault and battery and was incarcerated in a local county jail. Because Haworth was unable to make bail. Because Haworth was in custody. These pretrial preparatory sessions were held on the condition that a deputy sheriff would be present at all times. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr2000/98-5189.man.html">PERRINO V. S. BELL TEL. & TEL. CO. (4/20/2000, NO. 98-5189)<BR></A><BR> Circuit Judge:</P> <P> This appeal concerns whether plaintiffs who bring a federal suit based on claims arising under the Employee Retirement Income Security Act of 1974 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/17F9DF6C163AFE378825734D0052D60D/$file/0515206.pdf?openelement">OPINION/ORDER</A><BR> The district court held that PlaintiffsAppellants were not entitled to judicial review of their claims that the TSA violated their First Amendment rights by disciplining and then discharging Gavello. Gavello was called to a manager's office and asked various questions about his union activities. He refused to respond and was subsequently placed on paid administrative leave while TSA management investigated whether he had engaged in union activities while on duty. Gavello mailed a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/055428p.pdf">OPINION/ORDER</A><BR> We disagree and will reverse. FACTUAL AND PROCEDURAL HISTORY The facts of the underlying RICO suit are straightforward. Weiss was employed by Tucker Anthony Sutro as an investment banker. He was insured by First Unum through a group insurance policy with Tucker Anthony Sutro. The policy provided long term disability benefits when the insured is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9D63F3B877F6632D88256F0400567419/$file/0335188.pdf?openelement">OPINION/ORDER</A><BR> The promotion was so popular with Timex that it just kept on ticking1 and continued using the footage well beyond any permission to do so. The result is a lawsuit that has taken on a life far beyond a simple copyright and trademark case. The consequence of this appeal is a series of rulings resulting in yet another round in the trial court. Arguing that Polar Bear's infringement claim is time barred. Even if it is not. The jury award is invalid because the evidence does not demonstrate a sufficient causal nexus between the infringement and the amount awarded. Because the evidence at trial was insufficient to support a finding that the lost and indirect profits resulted from Timex's infringeThe phrase </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june98/97-6575.man.html">MILLER V. DEP'T OF AGRIC. FARM SERVICES AGENCY (6/17/1998, NO. 97-6575)<BR></A><BR> These state committees are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-5188.html">CHRISTOPHER VILLAGE, L.P., ET AL. V. U.S.<BR></A><BR> Argued for plaintiffs appellants.<span style='mso spacerun:yes'>  </span>Of counsel on the brief was <u>E. Argued for defendant appellee.<span style='mso spacerun:yes'>  </span>Of counsel were <u>David M. </o:p></span></p> <p class=MsoBodyText2>This case presents the question whether a federal district court has jurisdiction to issue a declaratory judgment as to the government s liability for breach of contract solely in order to create a predicate for suit to recover damages in the Court of Federal Claims.<span style='mso spacerun:yes'>  </span>We hold that district courts do not have such jurisdiction because the Court of Federal Claims has exclusive jurisdiction under the Tucker Act. The predicate judgment was void.<span style='mso spacerun:yes'>  </span>It follows that the Court of Federal Claims was not bound by this earlier judgment.<span style='mso spacerun:yes'>  </span></p> <p class=MsoBodyText2>On the merits. We affirm the Court of Federal Claims grant of summary judgment.<span style='mso spacerun:yes'>  </span>We agree that the contract between the government and the appellants was unenforceable against the government because of a material breach by the appellants predating the government s alleged breach. </p> <h2 style='line height:200%'><span style='text decoration:none. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19988899.OP2.pdf">OPINION/ORDER</A><BR> We granted rehearing en banc in this case to decide whether the provision applies to lawsuits that are filed while the plaintiff is a confined prisoner but which are not decided until after he is released from confinement. I. BACKGROUND The factual and legal background of this case is set forth in some detail in the panel opinion. We will not repeat it at length here. All eleven of them were confined in the prison when the lawsuit was filed. Which is the part that concerns this issue. The lawsuit was filed on March 10. Judgment was entered on June 24. The six plaintiffs who were released from confinement during that interval are Danny Chadwick. 190 F.3d at 1283.The other five plaintiffs were still confined when judgment was entered in the district court but. Some of them have been released since then. All eleven of the plaintiffs are jointly represented in this appeal. Their counsel does not argue that any of those who were released after the date of the district court's judgment are. Our references hereafter to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/477360948A891CF0882570EE0050F358/$file/0335906.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: Add to end of footnote 1 (p. 14898): The dissent also analyzes the potential legal effect of EEOC enforcement guidance. This guidance was never cited by Hardage in any of his briefs. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-2050.01A">OPINION/ORDER</A><BR> Was on brief for appellant. Was on brief for appellee. He alleged that he was discriminated against on the basis of his race. The following facts are treated as undisputed for purposes of the motion for summary judgment. DeNovellis is a white male of Italian descent. He was sixty six years old at the time he filed this action in 1994. Which was part of HHS. DeNovellis's position was eliminated in an agency reorganization that occurred in the spring of 1991. Was the Regional Administrator (RA) of HDS. Williams was a black male of the age of fifty five when this action was filed. There were racial tensions in the office. There were also ethnic and race related comments around the office that Williams condoned. Why don't you have your people (Mafia) in the North End take care of them. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/03/991660P.pdf">OPINION/ORDER</A><BR> White's claims were procedurally barred. White's second amended motion was inadequate to bar federal consideration of these claims. We agree with that Court that the claims it found open on federal habeas are without merit. White was tried and convicted of first degree murder. He was sentenced to death. White's direct appeal was proceeding. White was owed some remedy for his attorneys' failures. The predominant issue on appeal is whether the procedural rule barring the second motion was an adequate state ground. This issue is practically determinative of Mr. Which was hastily drafted. Were procedurally defaulted due to inadequate fact pleading. Just five days before the amended motion was due. He moved for and was granted an extension. This was the only extension allowed. It is now undisputed that this constituted abandonment under Missouri law. This was Mr. To be added to the amended motion once it was written.2 Mr. Locascio did this because Rule 29.15 motions are void unless verified by the movant. He felt there would be no opportunity to obtain the verification properly after the motion was written. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2045.wpd">OPINION/ORDER</A><BR> This appeal is reviewed only for plain error. Hold that the fourth prong of plain error review is not satisfied. Gonzalez Huerta was convicted of committing burglary in California. He was deported to Mexico in 2000. Gonzalez Huerta was arrested in New Mexico for possession of a <hr> controlled substance. Gonzalez Huerta was being held in a New Mexico jail. This offense is punishable by a maximum sentence of 20 years. While this case was pending on appeal. That is to say. Gonzalez Huerta argues for the first time that Booker is grounds for remanding his case for resentencing. We note that this argument was not raised below. Ct. at 756 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug97/94-9121.ma2.html">DAVIS V. MONROE COUNTY BD. OF EDUC.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Davis v. 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/6326d42c81e8088988256e5a00707a2a/$FILE/0015416.pdf">OPINION/ORDER</A><BR> The Regional Director contends that the district court abused its discretion in finding that (1) the Union did not have the support of a majority of the employees of Stephen Dunn & Associates ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/95-4628.ma2.html">UNITED STATES V. CERCEDA (4/16/1999, NO. 95-4628)<BR></A><BR> Senior Circuit Judge.</P> <P> PER CURIAM:</P> <P> These appeals require us to determine whether a judge's failure to recuse himself from criminal cases in which recusal was required necessitates vacating the resulting judgments and sentences. Moore of the Southern District of Florida was notified in November 1992 that he was the subject of a federal grand jury investigation in the Eastern District of New York.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june98/97-6575.man.html">MILLER V. DEP'T OF AGRIC. FARM SERVICES AGENCY (6/17/1998, NO. 97-6575)<BR></A><BR> These state committees are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DE1C179A926EED70882569E70060BDB3/$file/0015416.pdf?openelement">OPINION/ORDER</A><BR> The Regional Director contends that the district court abused its discretion in finding that (1) the Union did not have the support of a majority of the employees of Stephen Dunn & Associates ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992508.P.pdf">OPINION/ORDER</A><BR> Griggs claimed that DuPont breached its fiduciary duty by leading Griggs to believe that he was eligible for a tax deferred lump sum distribution of early retirement benefits under DuPont's Temporary Pension System and then failing to notify Griggs when DuPont learned that Griggs's election to receive such a distribution was not permitted by federal tax laws. We conclude that Griggs is not necessarily without a remedy under ERISA. The SIP is a retirement savings vehicle akin to a 401(k) plan through which an employee's benefits accumulate on a tax deferred basis. TPS was designed to assist DuPont employees who were leaving their jobs at DuPont. A participant in TPS was entitled to one month of pay for every two years of service. Were not universally available to DuPont employees at all times. TPS benefits were offered to employees for a limited </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F1DFB6D5FB7488388825710E007B4810/$file/0335906.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: Add as a new paragraph after footnote 1 (slip op. 82): There may be circumstances where an employer's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/09/98-2215.htm">98-2215 -- CISNEROS V. WILSON -- 09/11/2000<BR></A><BR> Holding that Plaintiff could not prove: (1) that she was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/022075.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. RTI is an over the road commercial motor carrier that transports goods in interstate commerce.2 In 1993. Because we are reviewing the dismissal of claims under Federal Rule of Civil Procedure 12(b)(6). Our factual recitation is presented in the light most favorable to the nonmoving party (i.e. 192 (4th Cir. 2002). 3 Paragraph 7.a. of the HAZMAT Agreement provides that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/467C4D90FF1A16DA882570260052D932/$file/0310573.pdf?openelement">OPINION/ORDER</A><BR> The eight words were UNITED STATES v. It is undisputed that those words expanded the scope of the search and violated the particularity requirement of the Fourth Amendment. Because the Fourth Amendment violation was not flagrant. The invalid portions of the warrants were relatively insignificant. We hold that blanket suppression was not required. Specifying the items the officers were authorized to seize. 1 it was disSears had filed an earlier motion to suppress on May 31. The first motion to suppress is not relevant to this appeal. 1 7276 UNITED STATES v. SEARS covered that the version of Exhibit A approved by Judge Louie was not the version of Exhibit A given to the searching officers. He also testified that because it was typical for the description of the items authorized for seizure (contained in Exhibit A) to be written on a separate page from the statement of probable cause. The two versions of Exhibit A were identical. Officer Kasper was not present during the search of Sears's room at 7 Maddux. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200314123.pdf">OPINION/ORDER</A><BR> I. BACKGROUND The Appellants are a group of individuals formerly employed by Independent Life and Accident Insurance Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/03/962078P.pdf">OPINION/ORDER</A><BR> Appellants are judgment creditors of a Chapter 7 bankruptcy debtor. 717 in damages for appellants' willful violation of the automatic stay. violated the automatic stay but conclude that the damage award was an improper remedy and therefore reverse. 2 I. The foreclosure sale was cancelled. The court observed that Just Brakes's claim to avoid its pre petition assignment of the trademark to FGR </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/10/001303P.pdf">OPINION/ORDER</A><BR> Each employee would receive a different increase in pay depending upon how far he or she was from the fifth tier. Proceedings before the NLRB were deferred pending the arbitrator's decision as to whether Jefferson had broken the agreement. The issues were the following: Whether the company violated the collective bargaining agreement and/or the past practices of the parties by unilaterally modifying the wage rates of bargaining unit members? What is the appropriate remedy? The arbitrator stated that the only </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar2000/995022.txt">OPINION/ORDER</A><BR> Since Matthew Wood was disabled. Issues Several questions are presented to us on appeal: 1) Is complete preemption of a state claim that is subject to Section 510 of ERISA warranted even if the state claim prays for relief arguably not provided for in Section 502(a) of ERISA? 2. Have jurisdiction? The District Court read that claim as an assertion </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0386p-06.pdf">OPINION/ORDER</A><BR> The district court held that the FMLA's purported abrogation of Ohio's Eleventh Amendment immunity was unconstitutional as it related to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept2002/00-16138.opn.html">ALABAMA POWER CO. V. UNITED STATES DEP'T OF ENERGY (9/24/2002, NO. 00-16138)<BR></A><BR> An offset against future payments that Exelon (like all other utilities that produce nuclear waste) is obligated to pay into</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200606/04-5402a.pdf">OPINION/ORDER</A><BR> With her on the briefs was Allison M. With her on the brief were Kenneth L. Vehicle owners who are afforded recall notification of a safety related defect or noncompliance are entitled to a free remedy from the manufacturer. When a safety related defect was caused by exposure to atypical climatic conditions. Even if regional recalls are permissible in some circumstances. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033176p.pdf">OPINION/ORDER</A><BR> I. Facts As the material facts are generally not in dispute. The facts presented below are taken in large part verbatim from the District Court's opinion in this case. Additional facts are incorporated from the parties' submissions and appendices. American agreed to hire almost all of TWA's unionized employees provided that certain labor protective provisions in their various contracts were eliminated. Was eliminated. TWA's pilots were represented by DefendantAppellee ALPA through its TWA Master OPINION OF THE COURT VAN ANTWERPEN. Plaintiffs Appellants (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052143p.pdf">OPINION/ORDER</A><BR> Arguing that Spencer is not the prevailing party and thus is not entitled to any attorney's fees. We will affirm the orders of the District Court. Who is hearing impaired. She was still not entitled to back pay. Concluded that the back pay issue should not have been presented to the jury. The Court found that this issue was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/de1c179a926eed70882569e70060bdb3/$FILE/0015416.pdf">OPINION/ORDER</A><BR> The Regional Director contends that the district court abused its discretion in finding that (1) the Union did not have the support of a majority of the employees of Stephen Dunn & Associates ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2000/98-5189.man.html">PERRINO V. S. BELL TEL. & TEL. CO. (4/20/2000, NO. 98-5189)<BR></A><BR> Circuit Judge:</P> <P> This appeal concerns whether plaintiffs who bring a federal suit based on claims arising under the Employee Retirement Income Security Act of 1974 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/53333A1C2A376D138825723B005F9EE5/$file/0415044.pdf?openelement">OPINION/ORDER</A><BR> He was denied entry. The Kamehameha Schools were created through a charitable testamentary trust. Plaintiff argues that he was denied admission because of his race in violation of 42 U.S.C. § 1981. Factual Background Historical Context2 The islands of Hawaii are geographically isolated in the South Pacific Ocean and were originally settled sometime between 1 and 750 A.D. The immediate result of that first encounter was that Native Hawaiians were introduced to Western goods and Western diseases. The first treaty was signed in 1826. Additional treaties were signed in 1849. Was commercially desirable. Western economic domination of the Hawaiian Islands was followed by an interest in establishing political control. Was overthrown by a small group of nonHawaiians. Who were assisted in their efforts by the United States Minister. Laws were then enacted suppressing the Hawaiian culture and language and allowing for the displacement of Native Hawaiians from their lands. The Hawaiian language was banned as a medium of instruction in schools. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19988899.MA3.pdf">OPINION/ORDER</A><BR> We granted rehearing en banc in this case to decide whether the provision applies to lawsuits that are filed while the plaintiff is a confined prisoner but which are not decided until after he is released from confinement. I. BACKGROUND The factual and legal background of this case is set forth in some detail in the panel opinion. We will not repeat it at length here. All eleven of them were confined in the prison when the lawsuit was filed. Which is the part that concerns this issue. Which is with the words of the statutory provision. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb1998/98a1798p.txt">OPINION/ORDER</A><BR> We have jurisdiction to review thefinal orders of the district court pursuant to 28 U.S.C. The Secretary of Banking at the time of the events we describe was Sarah W. This 1991 agreement was prompted when Meritor proposed that its 12% Subordinated Capital Noteholders ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2000/98-8899.ma3.html">HARRIS V. GARNER (6/27/2000, NO. 98-8899)<BR></A><BR> We granted rehearing en banc in this case to decide whether the provision applies to lawsuits that are filed while the plaintiff is a confined prisoner but which are not decided until after he is released from confinement. BACKGROUND</STRONG></CENTER> </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1996/96a1395p.txt">OPINION/ORDER</A><BR> Hutchinson was a member of the original panel which heard argument in this appeal on January 24. Before the appeal was resolved. Chief Judge Sloviter was designated to serve in his place on the reconstituted panel. ** Judge Sarokin heard argument but retired from office prior to the issuance of the opinion. It is clear that the language of Title VII is violated when an employer makes an employment decision based upon an employee's race. That Title VII's prohibition against racial discrimination is not violated by affirmative action plans which first. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7049DC22B6F8164F882570AB0074A65A/$file/0335906.pdf?openelement">OPINION/ORDER</A><BR> The district court concluded that CBS was entitled to assert an affirmative defense to liability based on the Supreme Court's decisions in Burlington Industries. We have jurisdiction pursuant to 28 U.S.C. § 1291. He was promoted to Local Sales Manager in February of 2000. Both Hardage and Stauffer were supervised by Patty Dean. Who was in turn supervised by defendant Sparks. Hardage contends he was sexually harassed by Sparks on several occasions and subjected to retaliation after he rejected her advances. That he is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/95-4628.ma2.html">UNITED STATES V. CERCEDA (4/16/1999, NO. 95-4628)<BR></A><BR> Senior Circuit Judge.</P> <P> PER CURIAM:</P> <P> These appeals require us to determine whether a judge's failure to recuse himself from criminal cases in which recusal was required necessitates vacating the resulting judgments and sentences. Moore of the Southern District of Florida was notified in November 1992 that he was the subject of a federal grand jury investigation in the Eastern District of New York.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6326D42C81E8088988256E5A00707A2A/$file/0015416.pdf?openelement">OPINION/ORDER</A><BR> The Regional Director contends that the district court abused its discretion in finding that (1) the Union did not have the support of a majority of the employees of Stephen Dunn & Associates ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june2000/98-8899.ma3.html">HARRIS V. GARNER (6/27/2000, NO. 98-8899)<BR></A><BR> We granted rehearing en banc in this case to decide whether the provision applies to lawsuits that are filed while the plaintiff is a confined prisoner but which are not decided until after he is released from confinement. BACKGROUND</STRONG></CENTER> </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200016138.opn.pdf">OPINION/ORDER</A><BR> An offset against future payments that Exelon (like all other utilities that produce nuclear waste) is obligated to pay into the Nuclear Waste Fund ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3174_012.pdf">OPINION/ORDER</A><BR> They alleged that they were subject to an unlawful seizure in violation of the Fourth Amendment to the Constitution of the United States. They also alleged that their rights to procedural and substantive due process under the Fourteenth Amendment were violated. The case subsequently was removed to the United States District Court for the Northern District of Indiana. Gleason was driving on the Indiana Toll Road with her fiancé. Belcher are African American. While the couple was driving along the Toll Road. Belcher why the minivan was stopped along the berm of the road. These claims are not before this court. 2 1 Ms. Belcher have since married. The van was impounded at that location. They were directed to the tow yard. McClanahan informed the couple that they were not allowed to leave the premises until either the towing and impoundment fees were paid or the title was signed over to Bill's Towing. McClanahan insisted that the couple was permitted to remove only court documents. McClanahan inquired as to whether the couple was going to pay the storage and towing fee. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0FBA9B95AE4480E488256F380059B07C/$file/0335188.pdf?openelement">OPINION/ORDER</A><BR> Is amended. Polar Bear is not entitled to any recovery under 17 U.S.C. § 504. Nor is Polar Bear entitled to a new trial on damages under § 504. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/08/01-4009.htm">01-4009 -- SOUTHERN UTAH WILDERNESS ALLIANCE V. NORTON -- 08/29/2002<BR></A><BR> The district court reasoned that as long as an agency is taking some action toward fulfilling mandatory. The court concluded that the BLM did not abuse its discretion in determining that a supplemental Environmental Impact Statement (SEIS) was not necessary based on new information about increased ORV use. <p> Exercising jurisdiction pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0075A714947A9E4888256C3E0058A053/$file/0135033.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1292 and we affirm. Which have sculpted spectacular and wild canyonlands out of the Owyhee's volcanic rock formations. Ranching families are an important part of the local community with many family members participating actively in civic life as local elected officials. Water is life. Riparian areas lands adjacent to streams that support a thicker growth of vegetation are crucial to the wildlife and fish of the ORA [Owyhee Resource Area]. When riparian vegetation is overgrazed. In 1981 the BLM identified livestock overgrazing as a significant problem in the Owyhee and concluded that approximately ninety percent of the Owyhee rangeland was in poor or fair ecological condition. The BLM again examined the health of the streams in the Owyhee and found that ninety one percent of the stream miles inventoried were in unsatisfactory condition. B. The BLM's Management Of The Owyhee The BLM is statutorily charged with managing the Owyhee and is required to consider many interests. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200216640.pdf">OPINION/ORDER</A><BR> 1 physicians are suing many of this country's largest HMOs. The court held that certain claims were arbitrable. This order was slightly modified in In re Managed Care Litig. The district court certified a class in an order which is currently on appeal before this court. Whether the plaintiffs have adequately stated any claims. Or the merits of those claims An important point is that. It does not necessarily mean that arbitration of such a claim is prohibited or illegal. If this is done without the other party's consent. The result is a legal nullity. The first modification was in response to an inconsistency in its original opinion that the defendants pointed out. The second modification was made due to the subsequent history of 2 3 2 1 * procedural history leading up to them are not immediately relevant to this appeal. Are not being challenged here. The only claims remaining were those the court had ruled non arbitrable. The substance of these arbitration orders is not currently before us on appeal. The only important fact about the arbitration orders is that they designated some claims as arbitrable. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-1390a.html">NATIONAL ASSOCIATION OF LETTER CARRIERS V. NLRB<BR></A><BR> Ciantra argued the cause for petitioner.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/nov96/95-7131.wpd.html">UNITED STATES V. FOSTER<BR></A><BR> Was charged in a twelve count superseding indictment with various violations of Titles 18 and 21 of the United States Code. Each charge was based on evidence seized during a warrant based search of Foster's home. Are as follows. An arrestee informed him that Foster's residence was being used for a marijuana cultivation operation and to house illegal weapons. Foster was immediately arrested on charges of cultivation of marijuana and transported to the county jail. Foster was charged in a twelve count superseding indictment with various violations of the United States Code. Foster moved to suppress all property seized during the search because the search </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2313_027.pdf">OPINION/ORDER</A><BR> Kerasotes was forced to sell his shares in a closely held family corporation. Is trying to raise a number of claims in connection with that transaction. Including that the sale was compelled. The valuation of the stock was misrepresented. The price the Corporation paid for his stock was improperly discounted. The only question before this court is whether the Illinois Securities Law of 1953. That means that Klein's claims against both the Corporation and its directors are barred by the statute of repose found in the Illinois law. He was unaware that he owned any stock in it. It was to his surprise that he received a letter from the Corporation informing him that he had stock. 350 outstanding shares was $309.65. It discounted Kerasotes's shares 10% because they were nonvoting shares. Kerasotes swore that he had no choice but to take the Corporation's offer: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200211072.pdf">OPINION/ORDER</A><BR> I. BACKGROUND 2 Appellant is an inmate at Union Correctional Institution in Raiford. Appellant was found guilty at a prison disciplinary hearing of disorderly conduct and was given 30 days' disciplinary confinement. The district court expressed the view that the petition was not properly brought under § 2254 because the length of Appellant's custody was not increased by the disciplinary proceeding. Appellant was found guilty at a prison disciplinary hearing of disobeying a correctional officer's verbal order and was given 30 days' disciplinary confinement. The first issue set out in the COA asked: Are appellant's claims. We are faced with the threshold issue of whether Appellant's petition was moot when filed. It is not contested that. Appellant has not shown that the disciplinary proceeding will affect the length of his confinement.1 Appellant contends the disciplinary proceeding may increase the length of his imprisonment in that it could affect his release date under the Florida control release statute. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/04/99-1001.htm">99-1001 -- CARAVALHO V. PUGH -- 04/27/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> In these consolidated appeals. Caravalho noted that he was convicted in 1991 in the District of Hawaii of cultivating in excess of 1000 marijuana plants and that his conviction was affirmed by the Ninth Circuit in 1993. 2255 was an inadequate remedy because the statute of limitations and successive writ provisions of the AEDPA barred the filing of a second </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0F14F96F8F9983E988256E290070F3C5/$file/0236101.pdf?openelement">OPINION/ORDER</A><BR> This time the contamination was more significant. Indicated that she was not aware of any prior contamination. For which Whittier was securing the policy. Not whether contamination had occurred at the site where the tank was located. Zurich's coverage obligation was limited to any release of contamination from the new tank occurring after December 9. The contamination levels in the soil and groundwater were substantially greater than the levels had been when the soil was tested in 1995. Nearly a foot of free gasoline product was found floating on the groundwater. Holding that Whittier had made a material misrepresentation on the insurance application form and that rescission was an appropriate remedy. We must determine whether there are any genuine issues of material fact and whether the district Akiak Native Cmty. v. Or (3) the insurer in good faith would either not have issued the policy . . . or would not have issued a policy . . . in as large an amount. Or would not have provided coverage with respect to the hazard resulting in the loss. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/09/03-1343.htm">03-1343 -- RADIL V. SANBORN WESTERN CAMPS INC. -- 09/22/2004<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971020.P.pdf">OPINION/ORDER</A><BR> The distance from the BFI site to the landfill is about 140 miles. That they were driving more hours than were permitted under Department of Transportation (DOT) regulations. About six weeks after the runs were reduced. Woodward claimed that he could easily organize CWI and that he mainly wanted to secure pension benefits and union health insurance for the drivers.1 1 Keiler took the stand at the hearing before the ALJ to contradict Woodward's testimony about what was said at their meeting. Claimed he was confronted by Lash in early November. Lash asked him who was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-7099.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. <hr> Eddie Kay Copeman was convicted in the United States District Court for the Eastern District of Oklahoma on seven counts of an indictment. His convictions have been upheld on appeal. We have jurisdiction under 28 U.S.C. 1291 and affirm. The motion must be filed in the district where the property was seized. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199807/96-5280a.txt">OPINION/ORDER</A><BR> Hester was on the briefs. Were on the briefs. Were on the brief. Circuit Judge: This case is one of three companion cases that we decide today. Filed a habeas corpus petition challenging the procedures by which he was denied parole. Finding that the federal courts are precluded by a provision of the D.C. Also contends that Blair Bey is required. Is not subject to the PLRA's filing fee requirements. That the United States Parole Commission is not a proper defendant. That although Blair Bey's due process claim is meritless. His ex post facto claim might have merit if certain facts are shown. I. Background Blair Bey was born in 1958. So was confined part of this time at St. Was given a sentence of from ten years to life. Was sentenced to a term of ten years to life to be served consecutively with his prior sentence. He was then trans ferred to a federal correctional facility and began to serve his second (U.S. Board of Parole ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DEA2D7F81F74610E88256CCD006116F2/$file/0070724.pdf?openelement">OPINION/ORDER</A><BR> Is hereby amended to replace the line TROTT. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/02/041918P.pdf">OPINION/ORDER</A><BR> Because a Bivens remedy is not available to Nebraska Beef. It is from the denial of that motion that the Inspectors filed this interlocutory appeal. Holding that when an interlocutory appeal of a denial of qualified immunity is properly before us. We observed that the property interest question was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/002053.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Griffin argues primarily that its Seventh Amendment right to a jury trial was violated when the district court awarded damages in addition to those awarded by the jury and granted a declaratory judgment to WEGCO. I. WEGCO is a Maryland corporation that assists its clients in obtaining and executing government contracts. Griffin is a Georgia corporation that provides the federal government with commercial facilities management and mechanical maintenance services. Provide support services after the contracts were awarded. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec98/95-8330.opn.html">UNITED STATES V. 408 PEYTON RD., S.W. (12/8/1998, NO. 95-8330)<BR></A><BR> Circuit Judge:</P> <P> At issue in the present appeal is whether predeprivation notice and a hearing must be provided when the Government executes a seizure warrant against real property. We hold that the Due Process Clause of the Fifth Amendment mandates provision of such predeprivation procedures even when the seizure of real property is not physically intrusive. When the Government has failed to provide predeprivation notice and a hearing but the property is found to be subject to forfeiture after the process due has been afforded. The proper remedy is as follows: The Government should return any rents received or other proceeds realized from the property during the period of illegal seizure. </P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1995/95a1113p.txt">OPINION/ORDER</A><BR> This asbestos related personal injury action was tried to a jury in the United States District Court for the Eastern District of Pennsylvania. We are called on to determine whether: (1) the district court abused its discretion by denying the defendant's challenge for cause of two jurors who allegedly evidenced bias against the defense. (2) the defendant has waived any claim that there was a violation of its statutory right to exercise peremptory challenges. (3) a denial or impairment of the exercise of peremptory challenges occurs if the defendant uses one or more challenges to remove jurors who should have been removed for cause. (4) a per se reversal is the appropriate remedy for such impairment or whether the defendant must also make a showing of prejudice. We are called upon to determine whether the district court committed an error of law by: (1) allowing plaintiff to introduce into evidence the prior testimony of an out of court expert witness from an unrelated state court action. We will reverse the judgment of the district court and remand for a new trial on the issue of damages and liability.[fn1] Since it is likely that the hearsay issues and the issue of delay damages may arise again during the new trial. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct2002/02-10223.opn.html">LOVE V. DELTA AIR LINES (10/31/2002, NO. 02-10223)<BR></A><BR> We reverse.</SPAN></P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/97-5229.htm">97-5229 -- BAIRD V. WARD -- 07/17/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Mr. Baird is an inmate of the Oklahoma State Penitentiary and a <em>pro se</em> litigant. 3) the disciplinary chairperson in the Phillips hearing was biased and failed to make a written statement as to why he relied on Mr. 4) the evidence was insufficient to support the convictions. He sought to have his misconduct convictions expunged and his good time credits restored. The matter was referred to a magistrate who recommended the petition be denied for failure to exhaust state remedies. 2254 petition for failure to exhaust state remedies because no adequate state remedy was available to him when he filed his petition. He also claims the district court erroneously concluded he can now file a petition for writ of habeas corpus in Oklahoma because he will be entitled to immediate release. The court found the Oklahoma remedy of writ of mandamus was available to Mr. 2254 petition.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov99/98-4626.man.html">UNITED STATES V. CITY OF MIAMI (11/17/1999, NO. 98-4626)<BR></A><BR> Circuit Judge:</P> <P> This appeal is the latest chapter in a lengthy litigation saga over a 1977 nondiscrimination consent decree between the United States of America. As if each of these officers actually would have received one of the two promotions in 1992.</P> <P> On appeal. The sole issue before us is whether the district court abused its discretion in fashioning broad </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug2000/005056.txt">OPINION/ORDER</A><BR> At issue in this appeal is whether. Are sellers of perishable agricultural commodities and beneficiaries of a statutory trust provided for by PACA. 1 are buyers of these perishable agricultural commodities and became statutory trustees under PACA upon purchase of such goods. Who allegedly was converting. Menadier is the sole shareholder and President of Packed Fresh Produce. That injunctive relief was futile when the PACA trust assets were already being depleted. The District Court should have granted the injunction sought. We will reverse and remand. Appellants' evidence includes the following: copies of Appellees' checks to Appellants that were returned for insufficient funds. Copies of Appellees' checks that were post dated as late as March 2000 for already overdue balances. 2 that Appellees often promised partial payment or assured Appellants that payment was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1137.01A">OPINION/ORDER</A><BR> Were on brief for appellants. Pine Tree Legal Assistance were on brief for appellees. Provides federal financial assistance to needy families with children who are deprived of parental support through death. States are not required to participate in the AFDC pro gram. 316 (1968). 1The nominal defendants are the Commissioner of the Maine Department of Human Services. Since the State of Maine is the real party in interest. States in turn were required to amend their Title IV A plan. Mined </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-1623.html">SMITH V. SECRETARY OF THE ARMY, ET AL.<BR></A><BR> Argued for plaintiff appellant.<span style='mso spacerun:yes'>  </span>On the brief was <u>Victor Kelley</u>.<o:p></o:p></span></p> <p class=MsoNormal style='text align:justify'><span style='font size:12.0pt. Argued for defendants <span class=SpellE>appellees</span>.<span style='mso spacerun:yes'>  </span>With him on the brief were <u>Peter D. <span class=SpellE>Keisler</span></u>. Director.<span style='mso spacerun:yes'>  </span>Of counsel on the brief were <u>Lieutenant Colonel Vanessa <span class=SpellE>Crockford</span></u><span style='mso spacerun:yes'>  </span>and <u>Major Gary P. Smith could have brought his action in the United States Court of Federal Claims under the Tucker Act. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0411p-06.pdf">OPINION/ORDER</A><BR> If the 26(B) procedure is part of the initial direct appeal of right. Assistance of counsel is constitutionally required at both stages. 372 U.S. 353 (1963) (holding that a state is required to provide counsel to an indigent defendant on appeal as of right). Indigent defendants have no Sixth Amendment right to appointed counsel. 481 U.S. 551 (1987) (holding that there is no federal constitutional right to counsel for indigent prisoners seeking state postconviction relief). Petitioner Fernando Lopez argued that the state courts' denial of appointed counsel to help him prepare his 26(B) application violated his constitutional right to assistance of counsel because the 26(B) procedure is part of the initial direct appeal as of right. 355 F.3d 931 (6th Cir.) (holding that the Ohio Court of Appeals' decision that the petitioner was not entitled to a Sixth Amendment right to appointment of counsel for filing an application to reopen his direct appeal was not contrary to clearly established federal law). Because panels of this court have split over the correct characterization of the rule. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200608/05-5085a.pdf">O:\2005-2006 TERM\12-06-05 SITTING\BROUDY V. MATHER, 05-5085\BROUDY -- OPINION FINAL.WPD<BR></A><BR> With him on the briefs was Douglas J. With him on the brief were Peter D. Hundreds of thousands of members of the United States armed forces were allegedly exposed to dangerous levels of atomic radiation: about 220. This case is not about whether they should have received Government compensation for their sicknesses. It is about whether Government officials denied them a constitutional right of meaningful access to administrative proceedings before the Department of Veterans Affairs ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2622.01A">OPINION/ORDER</A><BR> Weld LLP</SPAN> were on brief for appellants.</SPAN> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200507/04-5297a.pdf">OPINION/ORDER</A><BR> With him on the briefs were Glenn A. With her on the brief were Kenneth L. They claimed that class members were entitled to higher disability benefits. We hold that the APA's waiver is inapplicable because Congress has prescribed a route other than suit under the APA for vindicating claims for civil service benefits. Are generally entitled to a more generous retirement annuity than that received by other civil service employees. Is contingent on working 3 past age fifty and having more than twenty years of service. LEO/FFs who retire before either threshold are entitled only to the standard civil service pension. The difficult question of statutory interpretation at the root of the present dispute is whether LEO/FFs who fail to meet the age fifty or twenty years of service requirements because of death or disability are nonetheless entitled to the larger annuity. With respect to similarly situated LEO/FF survivors who were already receiving reduced benefits but had not been parties to the litigation. That LEO/FFs younger than fifty are entitled to enhanced benefits if they retire early because of disability. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0383p-06.pdf">OPINION/ORDER</A><BR> There is no case authority holding that a claim of actual innocence </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/02/96-6395.htm">96-6395 -- INGERSON V. HEALTHSOUTH CORP. -- 02/26/1998<BR></A><BR> (1) whether she presented a factual question that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/07/00-2004.htm">00-2004 -- U.S. V. MINJARES-ALVAREZ -- 07/27/2001<BR></A><BR> Which were introduced by the prosecution at his trial. Were coerced. Minjares argues that his statements should have been excluded because he was never informed of his right to consult with the Mexican consulate. Although Minjares did not have a driver's license. He gave Deputy Ruiz his name and told Deputy Ruiz that he was a Mexican citizen without immigration documents. This was because Minjares did not appear to be significantly intoxicated. He was to be arrested in any case. Deputy Ruiz was unsure how to conduct the tests. <p> The sheriff's department notified the United States Border Patrol ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2002/99-4176.opn.html">DREW V. DEP'T OF CORRECTIONS (7/18/2002, NO. 99-4176)<BR></A><BR> Drew argues first that his petition was not time barred under the one year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C883CCB34DCECFB888256E5A00707D5D/$file/0015132.pdf?openelement">OPINION/ORDER</A><BR> While others were unable to represent themselves adequately at such proceedings. (4) the plaintiff class was improperly certified and is not entitled to system wide relief. The Board argues that plaintiffs have no due process right to a parole hearing. We have jurisdiction to hear this interlocutory appeal under 28 U.S.C. § 1292. I. BACKGROUND The instant action was brought by a class of prisoners and parolees suffering from six categories of disability: mobility impairments. The divisions have different areas of responsibility regarding prisoners and parolees. Litigation against the two divisions was bifurcated and proceeded on two separate tracks. A. Parties The named plaintiffs are prisoners sentenced under California Penal Code § 1168 to life with the possibility of parole who complain that the Board failed to provide them with adequate accommodations at a variety of parole hearings. Parolees who complain about the lack of accommodations during the parole revocation process.1 The defendants in the part of the case now on appeal are Gray Davis. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-5096.html">NORTHERN STATES POWER COMPANY V. U.S.<BR></A><BR> Of counsel on the brief were <u>Jay E. With him on the brief were <u>David W. Of counsel on the brief were <u>Marc Johnston</u>. Of counsel on the brief was <u>Ralph C. With him on the brief were <u>Jennifer M. Of counsel on the brief were the following:</p> <u> <p ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may2001/99-11130.man.html">UNITED STATES V. 1461 W. 42ND ST., HIALEAH, FLORIDA (5/22/2001, NO. 99-11130)<BR></A><BR> This appeal deals with the considerations that ensue when real property that the government has seized in civil forfeiture proceedings is foreclosed by the property's mortgagee so that when it is time to return the property. We are presented here with the task of tailoring an appropriate remedy under such circumstances when due process was violated pursuant to </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan1995/94a0943p.txt">OPINION/ORDER</A><BR> Who purchased or otherwise beneficially acquired securities that were incorrectly and misleadingly labelled or described as annuities from Mutual Benefit Life Insurance Company during the period August 14. Because all of these claims were essentially grounded in fraud. Because federal jurisdiction over one of the claims is exclusive and there is an independent basis for federal jurisdiction over the remaining claims. We hold that the district court erred when it concluded that there is an opportunity for timely and adequate state court review of Plaintiffs' federal securities claims. We will therefore reverse the district court's order dismissing Plaintiffs' case without prejudice and remand for further proceedings consistent with this opinion.[fn2] I. General Background Mutual Benefit was established in 1845. It was one of the country's largest life insurance companies. Until the late 1970's Mutual Benefit was a relatively conservative institution. These withdrawals were projected to reach $1 billion by the end of the year. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1282.wpd">OPINION/ORDER</A><BR> We conclude that damages (1) This order and judgment is not binding precedent. Croy's jury demand on the ground that she was seeking primarily an equitable remedy. Front pay and specific <hr> performance were inconsistent remedies. Although it did disclose that the jury found the breach was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept98/97-9153.man.html">JAIRATH V. DYER (9/16/1998, NO. 97-9153)<BR></A><BR> Circuit Judge:</P> <P> This appeal requires this court to determine whether the district court has subject matter jurisdiction over a discrimination claim brought by a person who was denied medical assistance. Jairath went to defendant's office to have a Gore Tex implant procedure performed on his face. Who is HIV positive. Healthy state.</P> <P> After learning that Jairath was HIV positive. Defendant stated in his deposition that his decision not to consult with Jairath concerning the procedure was premised on the fact that Jairath was HIV positive. Although no cause of action is given in express terms. Determining that the federal interest inherent in Jairath's state law claim was substantial. The district court determined that its decision was not undercut by the Supreme Court's holding in <EM>Merrell Dow Pharmaceuticals Inc. v. Federal courts have original jurisdiction of all civil actions that arise under the Constitution or laws of the United States. 28 U.S.C. § 1331. Although the vast majority of cases that fall within such federal question jurisdiction are cases that arise under federal law that creates a cause of action. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept98/97-9153.man.html">JAIRATH V. DYER (9/16/1998, NO. 97-9153)<BR></A><BR> Circuit Judge:</P> <P> This appeal requires this court to determine whether the district court has subject matter jurisdiction over a discrimination claim brought by a person who was denied medical assistance. Jairath went to defendant's office to have a Gore Tex implant procedure performed on his face. Who is HIV positive. Healthy state.</P> <P> After learning that Jairath was HIV positive. Defendant stated in his deposition that his decision not to consult with Jairath concerning the procedure was premised on the fact that Jairath was HIV positive. Although no cause of action is given in express terms. Determining that the federal interest inherent in Jairath's state law claim was substantial. The district court determined that its decision was not undercut by the Supreme Court's holding in <EM>Merrell Dow Pharmaceuticals Inc. v. Federal courts have original jurisdiction of all civil actions that arise under the Constitution or laws of the United States. 28 U.S.C. § 1331. Although the vast majority of cases that fall within such federal question jurisdiction are cases that arise under federal law that creates a cause of action. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1103.01A">OPINION/ORDER</A><BR> LLP</SPAN> was on the brief. Ltd.</SPAN> were on the brief. The bankruptcy court ruled that the escrow funds should instead be turned over to the debtor because the debtor's transaction at issue was not a fraudulent conveyance within the meaning of the Uniform Fraudulent Transfer Act (UFTA). We now reverse the district court and direct the bankruptcy court to award judgment to Fleet. </SPAN></P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb97/96-2351.opa.html">COLLINS V. FMHA-USDA<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Collins v. The paperwork for the option and for an FMHA loan application was prepared by realtor Frances Rankin. Figures on the paperwork were changed to reflect a purchase price of $49. Collins claimed that this change was made without his knowledge or consent. Further discussion of it is warranted.<p> III.<p> <p> Collins contends that the district court erred in finding that there exists no implied private civil remedy for violations of the RESPA. That statutory provision requires each lender to provide the borrower with a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-1048.html">TA CHEN STAINLESS STEEL PIPE, INC V. U.S.<BR></A><BR> Argued for plaintiff appellant.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200006/99-1336a.txt">OPINION/ORDER</A><BR> With him on the briefs was Christopher H. On the brief were Leonard R. Because we conclude that the Board's unfair labor practice determinations are supported by sub stantial evidence and that the Board adequately explained the need for the bargaining order. The relevant facts are as follows. Telling him that he was upset that Schiavone had not told him about the union organizing effort and demanding to know who had started it. He also told Tryon that Traction was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199807/97-5253a.txt">OPINION/ORDER</A><BR> United States Attorney at the time the brief was filed. Were on brief. Wright and Audrey Byrd Mosley were on brief. Glitzenstein was on brief. Circuit Judge: This appeal poses the recurring question of what remedy is appropriate for a federal agency's violation of the Federal Advisory Committee Act. Which committee both the Department and the Academy concede was orga nized and operated in violation of FACA. Because we have serious doubts whether the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct2000/991832.txt">OPINION/ORDER</A><BR> Appellant challenges the District Court's ruling that Nationwide Mutual Insurance Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-2291.01A">OPINION/ORDER</A><BR> Sons</U> were on brief. William Loeffler</U> and <U>Troutman Sanders LLP</U> were on brief. That is. Debtors have sought relief from both the federal bankruptcy courts and district courts attempting to put an end to this practice. The latest strategy for reform is to seek certification of a class of debtors against repeat offenders of the Bankruptcy Code that is. Specifically at issue in this case is the alleged misconduct of the appellee. Operating under a misunderstanding that it was powerless to provide a remedy to the appellant under the Bankruptcy Code. Because we have determined that a remedy was available through the court's equitable powers under § 105 of the Code. The reaffirmation agreement was not filed with the bankruptcy court and did not satisfy other general requirements of 11 U.S.C. § 524. The appellant's primary theory was that § 524 provides a private right of action. She contended that the district court is authorized to grant relief via 11 U.S.C. § 105(a). Or judgment that is necessary or appropriate to carry out the provisions of this title. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct2002/02-10223.opn.html">LOVE V. DELTA AIR LINES (10/31/2002, NO. 02-10223)<BR></A><BR> We reverse.</SPAN></P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19948547.OPA.pdf">OPINION/ORDER</A><BR> The court holds that a jury trial is available to plaintiffs in a breach of contract lawsuit brought under section 301 of the Labor Management Relations Act (LMRA). Lawsuit is brought. The district court certified the issue pursuant to 28 U.S.C. § 1292(b) as follows: whether plaintiffs are entitled to a jury trial of their breach of contract claims under section 301 of the Labor Management Relations Act where those claims are joined with claims under the Employment Retirement Income Security Act of 1974 which are not triable to a jury in an action to restore retiree health benefits and recover damages for breach of contract.1 Initially. This appeal was consolidated with the appeal from the district court's denial of the retirees' renewed motion for a preliminary injunction. That issue is not presently 1 CONTENTIONS The retirees contend that the district court erred in striking their demand for a jury trial on their breach of contract claim under section 301 of the LMRA because that claim and the remedy sought are both legal in nature. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0164a-06.pdf">OPINION/ORDER</A><BR> After the moratorium was lifted. (2) the district court erred when it held that the City was not required to apply the zoning ordinances in effect at the time Wireless filed its applications for building permits. At the time each application was filed. 2002.2 The purpose of the moratorium was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-1440.pdf">OPINION/ORDER</A><BR> With him on the brief was Nathan P. With him on the brief was William Reid Kincaid. The FFR Cooperative who have since been dismissed from the suit by stipulation. 05 1440 2 1 As alleged in the First Amended Complaint. Pennington alleged in the Original Complaint and First Amended Complaint that the University and all four of the University Officials </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/07/971825P.pdf">OPINION/ORDER</A><BR> Appellants) moved for summary judgment asserting that the ADA claim was barred by Eleventh Amendment immunity and that the section 1983 claims were barred by Eleventh Amendment immunity. I. BACKGROUND ACLEST is an agency of the State of Arkansas which regulates the hiring and certification of law enforcement officers within the State. At the time he was hired by the Maumelle Department. Alsbrook's supervisor certified that Alsbrook met the minimum standards for appointment as a law enforcement officer as prescribed in Section 1002.2 Alsbrook was accepted into the course and successfully completed it in December. He was then employed as a law enforcement officer with the Maumelle Department. Alsbrook was technically functioning as an uncertified law enforcement officer during this time period.3 It appears from the record that Alsbrook's supervisor thought that Dr. It is necessary for the employing agency to request certification by the filing of an Application for Award of Law Enforcement Officer Certificate. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb97/96-2351.opa.html">COLLINS V. FMHA-USDA<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Collins v. The paperwork for the option and for an FMHA loan application was prepared by realtor Frances Rankin. Figures on the paperwork were changed to reflect a purchase price of $49. Collins claimed that this change was made without his knowledge or consent. Further discussion of it is warranted.<p> III.<p> <p> Collins contends that the district court erred in finding that there exists no implied private civil remedy for violations of the RESPA. That statutory provision requires each lender to provide the borrower with a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-1222a.html">FOX TELEVISION STATIONS V. FCC<BR></A><BR> Cappuccio argued the cause for petitioners.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0137p-06.pdf">OPINION/ORDER</A><BR> Plaintiff's case was properly removed to the district court. Our second inquiry is whether the federal or state standard for vacating an arbitration award should apply when the parties' agreement contains both an arbitration clause and a general choice of law provision requiring the application of a particular state's law. Ltd. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-1222b.html">FOX TELEVISION STATIONS, INC., V. FCC<BR></A><BR> Cappuccio argued the cause for petitioners.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/84676446CACBD1AE882572D4007F85C3/$file/0550585.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Title 18 U.S.C. § 5033 of the Juvenile Delinquency Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1976.01A">OPINION/ORDER</A><BR> Is amended as follows: On page 10. Cullen & Resnick were on brief for 604 Columbus Avenue. Gottlieb were on brief for Federal Deposit Insurance Corporation. *Of the Third Circuit. This is a case involving a failed loan transaction that well illustrates Polonius' advice. Among which were the property owned by the Trust itself and properties of the Trust's principal beneficiary. Of which Millicent Young was sole beneficiary. The Young Family Trust was a named plaintiff in the adversary proceeding in the bankruptcy and district courts below. The Bank was declared unsound by Massachusetts banking officials. The FDIC was appointed 7 receiver. In February 1991 was substituted as defendant appellant in the district court. That the FDIC was entitled to raise the defenses available to it under the doctrine of estoppel established in D'Oench. The district court vacated that part of the bankruptcy court's judgment that was premised on the secret agreement by one of the Trust's principals to provide kickbacks to a Bank officer. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1202.01A">OPINION/ORDER</A><BR> Were on brief for appellant.</P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3448A.PDF">OPINION/ORDER</A><BR> Nanda was employed as an assistant professor in the Department of Microbiology at the University's Chicago campus. Nanda's efforts to reverse the decision through the University's grievance process were unsuccessful. The individual defendants and the University moved to dismiss Count II on the ground that the named administrators were not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3448.PDF">OPINION/ORDER</A><BR> Nanda was employed as an assistant professor in the Department of Microbiology at the University's Chicago campus. Nanda's efforts to reverse the decision through the University's grievance process were unsuccessful. The individual defendants and the University moved to dismiss Count II on the ground that the named administrators were not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19994176.opn.pdf">OPINION/ORDER</A><BR> Drew argues first that his petition was not timebarred under the one year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043592p.pdf">OPINION/ORDER</A><BR> We are called upon to decide whether a district court has the power under the Federal Food. Because a district court's equitable powers in such a situation are broad. We hold that an order of restitution is properly within the jurisdiction of the court. Andrew Lane is the president. Three products are the subject of this action: (1) BeneFin. Whose main ingredient is arabinoxylan. Lane actively promoted BeneFin and SkinAnswer as potential treatments for cancer and that he was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov99/98-4626.man.html">UNITED STATES V. CITY OF MIAMI (11/17/1999, NO. 98-4626)<BR></A><BR> Circuit Judge:</P> <P> This appeal is the latest chapter in a lengthy litigation saga over a 1977 nondiscrimination consent decree between the United States of America. As if each of these officers actually would have received one of the two promotions in 1992.</P> <P> On appeal. The sole issue before us is whether the district court abused its discretion in fashioning broad </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may2001/99-11130.man.html">UNITED STATES V. 1461 W. 42ND ST., HIALEAH, FLORIDA (5/22/2001, NO. 99-11130)<BR></A><BR> This appeal deals with the considerations that ensue when real property that the government has seized in civil forfeiture proceedings is foreclosed by the property's mortgagee so that when it is time to return the property. We are presented here with the task of tailoring an appropriate remedy under such circumstances when due process was violated pursuant to </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200210223.opn.pdf">OPINION/ORDER</A><BR> I. Love was stricken with polio at the age of three and is paralyzed. That the restroom was too small to accommodate her. That she was not afforded privacy in the restroom. 49 U.S.C. § 41705.1 In her The ACAA was enacted as § 404(c) of the Federal Aviation Act of 1958. Was codified at 49 U.S.C. § 1374(c). It was amended and recodified in 1994 at 49 U.S.C. § 41705. Subsections (b) and (c) of § 41705 were added by the Wendell H. May not discriminate against an otherwise qualified individual on the following grounds: (1) the individual has a physical or mental impairment that substantially limits one or more major life activities. (2) the individual has a record of such an impairment. (3) the individual is regarded as having such an impairment. (b) Each act constitutes separate offense. Love sought a declaration that Delta had engaged in discrimination by not ensuring that its facilities and services were accessible to disabled persons. (2) What remedies are available to private litigants? The issue of whether a statute creates by implication a private right of action is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec98/95-8330.opn.html">UNITED STATES V. 408 PEYTON RD., S.W. (12/8/1998, NO. 95-8330)<BR></A><BR> Circuit Judge:</P> <P> At issue in the present appeal is whether predeprivation notice and a hearing must be provided when the Government executes a seizure warrant against real property. We hold that the Due Process Clause of the Fifth Amendment mandates provision of such predeprivation procedures even when the seizure of real property is not physically intrusive. When the Government has failed to provide predeprivation notice and a hearing but the property is found to be subject to forfeiture after the process due has been afforded. The proper remedy is as follows: The Government should return any rents received or other proceeds realized from the property during the period of illegal seizure. </P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/c883ccb34dcecfb888256e5a00707d5d/$FILE/0015132.pdf">OPINION/ORDER</A><BR> While others were unable to represent themselves adequately at such proceedings. (4) the plaintiff class was improperly certified and is not entitled to system wide relief. The Board argues that plaintiffs have no due process right to a parole hearing. We have jurisdiction to hear this interlocutory appeal under 28 U.S.C. § 1292. I. BACKGROUND The instant action was brought by a class of prisoners and parolees suffering from six categories of disability: mobility impairments. The divisions have different areas of responsibility regarding prisoners and parolees. Litigation against the two divisions was bifurcated and proceeded on two separate tracks. A. Parties The named plaintiffs are prisoners sentenced under California Penal Code § 1168 to life with the possibility of parole who complain that the Board failed to provide them with adequate accommodations at a variety of parole hearings. Parolees who complain about the lack of accommodations during the parole revocation process.1 The defendants in the part of the case now on appeal are Gray Davis. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/September2004/034363p.pdf">OPINION/ORDER</A><BR> At issue is whether ERISA preempts Pennsylvania's bad faith statute for insurance claims. C.S. § 8371 is conflict preempted by ERISA. We will reverse the judgment of the District C ourt and rema nd w ith instructions to dismiss Barber's bad faith claim. Benefits under the plan were insured under a group long term disability policy Barber's employer obtained from defendant UNU M Life Insura nce Company of America. U NUM subsequently terminated the benefits after determining Barber was no longer disabled under the policy's terms. To obtain a declaratory judgment that he is entitled to benefits. C.S. § 8371 because it is a separate enforcement scheme with a punitive damages provision that adds to the detailed provisions of ERISA's remedial mechanism. The court may take all of the following actions: (1) Award interest on the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest plus 3%. (2) Award punitive damages against the insurer. (3) Assess court costs and attorney fees against the insurer. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200411063.pdf">OPINION/ORDER</A><BR> Circuit Judge: At issue in this class action lawsuit is whether the City of Thomasville School District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/32ceecd24573adbd88256b12005f31ee/$FILE/0015132.pdf">OPINION/ORDER</A><BR> While others were unable to represent themselves adequately at such proceedings. (4) the plaintiff class was improperly certified and is not entitled to system wide relief. The Board argues that plaintiffs have no due process right to a parole hearing. We have jurisdiction to hear this interlocutory appeal under 28 U.S.C. § 1292. I. BACKGROUND The instant action was brought by a class of prisoners and parolees suffering from six categories of disability: mobility impairments. The divisions have different areas of responsibility regarding prisoners and parolees. Litigation against the two divisions was bifurcated and proceeded on two separate tracks. A. Parties The named plaintiffs are prisoners sentenced under California Penal Code § 1168 to life with the possibility of parole who complain that the Board failed to provide them with adequate accommodations at a variety of parole hearings. Parolees who complain about the lack of accommodations during the parole revocation process.1 The defendants in the part of the case now on appeal are Gray Davis. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/967091.P.pdf">OPINION/ORDER</A><BR> Published opinion issued 6/24/99 is vacated. This case was originally before the Court on appeal from a grant of summary judgment in favor of Appellees. The Court expressly declined to rule on the issue of whether application of the ADA to state prisons is a constitutional exercise of Congress' legislative power. These claims are no longer before the Court and will not be addressed further. 2 Although the issue of the constitutionality of applying the ADA and Rehabilitation Act to state prisons was not raised below. We exercise our limited discretion to consider the issue on appeal in light of the fact that the constitutionality of this federal statute is purely a question of law. Both parties have fully briefed the issue. Its resolution at this stage will advance and expedite the progress of this litigation. 488 U.S. 880 (1988) (when resolution of issue not presented below will </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/962677.P.pdf">OPINION/ORDER</A><BR> The petition of Artis is denied. The petition of Norfolk and Western Railway is granted. The order of the Board is reversed and the case remanded by published opinion. The state court entered an order that the case was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2002/99-4176.opn.html">DREW V. DEP'T OF CORRECTIONS (7/18/2002, NO. 99-4176)<BR></A><BR> Drew argues first that his petition was not time barred under the one year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961614.P.pdf">OPINION/ORDER</A><BR> That order was made pursuant to the district court's exercise of jurisdiction following state court proceedings after we ordered abstention according to the doctrine promulgated in Burford v. I. We are very familiar with the factual background underlying this action and will not recite it in full yet again. That were annexed by the Town in 1978 pursuant to the order of a Virginia Annexation Court. The last time IPC was before us. We envisioned that IPC should seek whatever remedy was appropriate under Virginia's Annexation Court scheme as well as whatever other state remedies might be available. § 11 to those who have been unlawfully deprived of their property. Id. at 764 65. 1 IPC's case was consolidated with a companion case filed the same day by Fred and Gladys McLaughlin. Fred McLaughlin was the sole shareholder of IPC. 2 Although we previously labeled the various decisions in this lengthy litigation differently. This is far from a normal case. We believe it is necessary to address whether federal jurisdiction remains given the events and court dispositions that have transpired in the interim. 4 A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961575.P.pdf">OPINION/ORDER</A><BR> Line 2 the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/97opinions/97-1261.html">SANDVIK STEEL V. U.S.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A4FEC09E8DF1F1F48825701F00154E3F/$file/0256751.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. Claiming that the detention was in violation of the Fourth Amendment and seeking damages. Rocha's initial contention is that. The courts are closed to the Sissokos. 1 purThe INS was abolished on March 1. Its functions were transferred to the Department of Homeland Security. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5849AD2C2C1C712B88256D3500512C28/$file/0016381.pdf?openelement">OPINION/ORDER</A><BR> Is hereby amended in the following respect: the phrase </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034363p.pdf">OPINION/ORDER</A><BR> At issue is whether ERISA preempts Pennsylvania's bad faith statute for insurance claims. C.S. § 8371 is conflict preempted by ERISA. We will reverse the judgment of the District C ourt and rema nd w ith instructions to dismiss Barber's bad faith claim. Benefits under the plan were insured under a group long term disability policy Barber's employer obtained from defendant UNU M Life Insura nce Company of America. U NUM subsequently terminated the benefits after determining Barber was no longer disabled under the policy's terms. To obtain a declaratory judgment that he is entitled to benefits. C.S. § 8371 because it is a separate enforcement scheme with a punitive damages provision that adds to the detailed provisions of ERISA's remedial mechanism. The court may take all of the following actions: (1) Award interest on the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest plus 3%. (2) Award punitive damages against the insurer. (3) Assess court costs and attorney fees against the insurer. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/EE6117953ACE892C88256D1700824319/$file/0016381.pdf?openelement">OPINION/ORDER</A><BR> He claims that he is actually innocent of the crime for which he was convicted engaging in a continuing criminal enterprise ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ED1D4EA9DA4EAA228825734D00532B73/$file/0530457.pdf?openelement">OPINION/ORDER</A><BR> ANKENY 11467 ORDER The government's request for clarification is GRANTED. Is amended as follows: On slip opinion page 7239 (490 F.3d 744. Arguments not raised by a party in its opening brief are deemed waived. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/32CEECD24573ADBD88256B12005F31EE/$file/0015132.pdf?openelement">OPINION/ORDER</A><BR> While others were unable to represent themselves adequately at such proceedings. (4) the plaintiff class was improperly certified and is not entitled to system wide relief. The Board argues that plaintiffs have no due process right to a parole hearing. We have jurisdiction to hear this interlocutory appeal under 28 U.S.C. § 1292. I. BACKGROUND The instant action was brought by a class of prisoners and parolees suffering from six categories of disability: mobility impairments. The divisions have different areas of responsibility regarding prisoners and parolees. Litigation against the two divisions was bifurcated and proceeded on two separate tracks. A. Parties The named plaintiffs are prisoners sentenced under California Penal Code § 1168 to life with the possibility of parole who complain that the Board failed to provide them with adequate accommodations at a variety of parole hearings. Parolees who complain about the lack of accommodations during the parole revocation process.1 The defendants in the part of the case now on appeal are Gray Davis. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D50F2B702DF072F488256E5A00707D7C/$file/0050681.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 (2000) and 18 U.S.C. § 3742 (2000). The agents were able to apprehend all the fleeing suspects. Where he was instructed to wait in the van for several undocumented aliens who were trekking across the Mexican desert into the United States and who wanted to travel north. Ramirez admitted that he was supposed to be paid for his efforts. B. Two Undocumented Aliens Jesus Gomez Flores ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E66B9F1393A2C696882572FE00767B89/$file/0530457.pdf?openelement">OPINION/ORDER</A><BR> Was indicted on four counts of being a felon in possession of a firearm and one count of possession of an unregistered sawed off shotgun. Defendant argues that: (1) the evidence seized during the search of his residence should have been suppressed. (2) the district court should have dismissed all but one count of felon in possession. (3) the government should have been required to allege Defendant's prior convictions in the indictment and prove them to a jury beyond a reasonable doubt. We hold that the motion to suppress was properly denied. That the convictions were multiplicitous and that material errors were made at sentencing. The altercation with Defendant took place when Rayley went to the house where their son was living. Found that Defendant was living there. She confronted Defendant about her belief that he was supplying drugs to 7224 UNITED STATES v. Rayley told police that she believed Defendant was using methamphetamines and that he might flee or shoot at police. The case was referred to Officer Rhodes of the Domestic Violence Reduction Unit. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3BF95E5634781CDB88256B18007F55C6/$file/0050681.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 (2000) and 18 U.S.C. § 3742 (2000). The agents were able to apprehend all the fleeing suspects. Where he was instructed to wait in the van for several undocumented aliens who were trekking across the Mexican desert into the United States and who wanted to travel north. Ramirez admitted that he was supposed to be paid for his efforts. B. Two Undocumented Aliens Jesus Gomez Flores ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-5379a.html">FEC V. LEGI-TECH INC<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4E4AC35D7D39C98288256B83001A860D/$file/0055709.pdf?openelement">OPINION/ORDER</A><BR> It refused to award nominal damages for Schneider's due process claim. 4616 We must decide whether Schneider is entitled to prejudgment interest as part of the constitutionally required </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/410347FABA0293F388257251006DF1D1/$file/0510067.pdf?openelement">OPINION/ORDER</A><BR> Were on the briefs. Were on the brief. 19790 UNITED STATES v. The government was also required to give up all notes made by reviewing agents. 1 UNITED STATES v. The subpoenas were returnable on February 5. Consists of two professional baseball leagues the National League of Professional Baseball Clubs and the American League of Professional Baseball Clubs. 4 The names of the players are under seal and are not disclosed in this opinion. 5 CDT is a third party administrator of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/02/00-1145.htm">00-1145 -- CONCRETE WORKS OF COLORADO INC. V. CITY AND COUNTY OF DENVER -- 02/10/2003<BR></A><BR> Denver has amended the ordinance twice since this lawsuit was initiated but it remains essentially unchanged for purposes of this case. <p> 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. <em>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. <em>See</em> <em>id</em>. at 1044. Anecdotal evidence which are discussed respectively in subsections IV.A. <a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9173F7BA0C5DEF948825731D0057A07A/$file/0556006.pdf?openelement">OPINION/ORDER</A><BR> BACKGROUND1 Shane Kutasi is an autistic boy who was 11 years old when the disputes at issue here arose. Were unable to reach agreement on a modified IEP for Shane for the succeeding school years. LAS VIRGENES USD Shane was scheduled to attend the A.E. Was denied access to the school after three days by Principal Steven Rosensweig. Who claimed that Shane was not properly enrolled. Requiring that the Kutasis sign Shane in and out from school everyday when no other student was required to do so. LAS VIRGENES USD (12) refusing to allow the Kutasis to volunteer for several field trips that were taken at Round Meadow. (13) requiring that Barbara Kutasi obtain a TB test and a medical release in order to be a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-5128.wpd">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-2071.01A">OPINION/ORDER</A><BR> P.A. was on brief for appellant. Was on brief for appellee. The written plea agreement contained the following stipulation: The Government agrees that it will not oppose a three (3) level reduction in the defendant's Adjusted Offense Level under the Sentencing Guidelines. The memorandum contained a two page discussion about whether Clark was entitled to an acceptance of responsibility adjustment. Clark claiming that our review is de novo and the government. Flatly stating that it is for clear error. As we have previously acknowledged. In some cases we have stated that our review is de novo. While in other cases we have stated that our review is for clear error. We take this opportunity to clarify the appropriate standard of review and to explain why the two different standards stated in many of these cases are not in conflict. There are the factual questions of what the terms of the agreement are and what the government's conduct was. These factual questions are to be resolved by the district court. We will review the district court's determinations only for clear error. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-4097.wpd">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. 1291. The group insurance was sponsored by her employer. Thus review is de novo. All well pleaded allegations in the complaint are accepted as true and construed in the light most favorable to the plaintiff. The only issue is whether ERISA's limitation of remedies to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199807/97-1467a.txt">OPINION/ORDER</A><BR> Were on brief. (2) some of the unfair labor practices found by the Board are unsupported by substantial evidence and (3) Flamingo was denied its due process right to a neutral decisionmaker. We grant in part Flamingo's petition for review and deny the NLRB's applica tion for enforcement of its Gissel order and two of its unfair 1 A Gissel order is one requiring an employer to bargain with a union and is issued </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-40096.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. Including the category of material and what was done with it. Twelve of those discharged employees are represented by The Union filed grievances on the Union under its CBA with Dow. behalf of them and demanded arbitration of its claims pursuant to the CBA's dispute resolution provisions. All the grievances were heard in a single hearing by a panel of three arbitrators during 2 the week of January 14. The issue presented to the arbitrators was framed as whether Dow violated the CBA when it terminated the 12 Union represented employees. What remedy was appropriate. handed down its written decision on April 1. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct2000/987419.txt">OPINION/ORDER</A><BR> We will deny Brooks' request for a certificate of appealability and dismiss his petition for a writ of habeas corpus. 1 the District Court was required. No direct appeal was filed. An evidentiary hearing was held before the District Court for the Middle District of Pennsylvania. That fact is undisputed. He would have instructed counsel to file one. Yoffee confirmed that he did not have any notes or memoranda reflecting that he had advised Brooks of his appellate rights. It is this fact on which the District Court seized. Is that it was his customary practice. Yoffee said: It is [my customary practice to inform defendants of their appellate rights after the sentencing hearing] and I believe I had a conversation with Mr. The Rule is now in subsection (c)(5) of Rule 32. 3 appellate rights. I can't be sure if I'm filling in the blanks or whether my recollection of it is actually a true one. All I can say is I routinely in federal cases especially go to the holding cell after a sentence and speak with my client not just about appellate rights but that's generally the end of the case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-2053.01A">OPINION/ORDER</A><BR> Was on brief for the United States. Kingsley was indicted on twenty two federal narcotics and tax charges. Kimberly Reynolds (who is not a party to this appeal). 5. the government would not prosecute Reynolds for any other federal offenses she may have committed in connection with her involvement with Kingsley's drug operation. The last three provisions are at issue in this appeal. Were forfeitable as proceeds from drug trafficking. Which funds the government claimed were also forfeitable. It was understood that Kingsley would forfeit the $160. Whatever of the loan funds it was able to recover. Kingsley's counsel objected to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992494.P.pdf">OPINION/ORDER</A><BR> Panel decision filed 2/16/01 is vacated. Our recitation of the facts is drawn in significant part from the ALJ's Decision of April 10. Which was affirmed by the Board as to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-1554.html">OPINION/ORDER</A><BR> Argued for defendant appellee.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/32DF76ED079F126488256FDC0083C086/$file/0315745.pdf?openelement">OPINION/ORDER</A><BR> Claiming she was fired in violation of the Americans with Disabilities Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0253p-06.pdf">OPINION/ORDER</A><BR> The plaintiffs are a collection of associations and individuals led by the American Civil Liberties Union. Because we cannot find that any of the plaintiffs have standing for any of their claims. Of telephone and email communications where one party to the communication is located outside the United States and the NSA has </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5F428C53F518C12A882570270081FC1E/$file/0335386.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291. Defendant appellee Legacy is the non profit corporation that owns this hospital. A hospital employee analyzed Laura Fields' Pap smear and concluded that it was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200705/04-1234a.pdf">OPINION/ORDER</A><BR> With him on the briefs were Michael Thompson and David A. With her on the brief were John S. Morgan was on the brief for intervenor Sunoco. Transco's principal contention is that FERC lacked jurisdiction to impose this remedy because the gathering services become non jurisdictional once transferred to Williams. Which is subject to periodic change by Transco. Transco will have completed a process known as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/98opinions/98-1288r.html">ZENITH ELECTRONICS CORP. V. ELO TOUCHSYSTEMS, INC.<BR></A><BR> With him on the brief was Michael G. The questions raised are whether a federal unfair competition claim irreconcilably conflicts with and is therefore barred by federal patent or antitrust law. That these statements were false. Elo Touch argued that its activities in support of its patent rights were governed by federal patent law and applicable antitrust rules. Thus the Lanham Act and state unfair competition laws are in effect </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199808/98-3077a.txt">OPINION/ORDER</A><BR> Cohen were on the petition and reply. Were on the response. We conclude that we have power to determine the issues presented by the petition. The district court read our decision in Barry as holding that once a prima facieviolation of Rule 6(e)(2) is established. The court is required to conduct an adversarial hearing at which the prosecutor must show cause why he should not be held in contempt. The IC was ordered to produce. Reasoning that the factors for granting a stay pending appeal were not met. The court found that the IC's likelihood of prevailing on the merits of its appeal was low given the court's conclusion that the orders are not even appealable. That the harm to movants of granting a stay was substantial because without an immediate show cause hearing. Because discovery was set to begin on July 11. We ordered an administrative stay of the district court's procedural orders so that we would have sufficient opportunity to consider the merits of the petition for writ of mandamus. We now conclude that we have power to determine the issues presented in the petition. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/04/001225P.pdf">OPINION/ORDER</A><BR> Are trucking companies. That Hunt's obligation to purchase the property was conditioned upon CFI's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan2003/01-15788.opn.html">UNITED STATES V. STEIGER (1/14/2003, NO. 01-15788)<BR></A><BR> I'm not sure if he is abusing his own child or a child he kidnaped. He is from Montgomery. As you see he is torturing the kid. She is 5 6 y.o. His face is seen clearly on some of the pictures. Home address and I can see when he is online. Can I send all the pics and info I have to these emails?</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/01/00-3224.htm">00-3224 -- BEEM V. MCKUNE -- 01/08/2002<BR></A><BR> The issue we address is important even though it only arises because of a peculiarity in Kansas state law. While changes in Kansas law assure that we will never face this issue in the present context again. The issue facing this court is whether Mr. Henson may be sentenced and imprisoned for crimes for which they were not charged. Beem was charged and convicted in the District Court of Reno County. Henson was charged and convicted in the District Court of Miami County. Henson should have been charged with. Arguing that they were sentenced for crimes for which they were not charged. Appellants' petitions were consolidated for our review. <p> Appellants first seek certificates of appealability to appeal the district court's denial of their habeas petitions. We have jurisdiction over this appeal pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTAwNDcgdyBFcnJhdGEucGRm/03-0047%20w%20Errata.pdf">OPINION/ORDER</A><BR> This litigation was brought as a class action by inmates in New York City jails challenging the defendants' asserted failure to provide them with educational services to which they are entitled under New York State and federal law. The instant lawsuit arises out of a complex of allegations that the New York City Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0470n-06.pdf">OPINION/ORDER</A><BR> We believe the arbitrator's conclusion that the grievances that prompted this case were timely filed and her award ordering the Plaintiffs to stop any further unilateral changes in insurance coverage draw their essence from the agreement. The relationship between Bixby and its nurses was controlled by a Collective Bargaining Agreement that was in effect from October 1. The two MNA bargaining units have been consolidated into one. Nurse hospital relations are governed by an agreement between MNA and the Lenawee Health Alliance (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/51BFE3F68EDF896E88256B0300792F66/$file/9835154.pdf?openelement">OPINION/ORDER</A><BR> V. We have jurisdiction pursuant to 28 U.S.C. § 1291. Because the district court did not have the opportunity to consider Appellants' First Amendment claim in light of Phillips. One of the most significant is loyalty to the client. Lawyers have long been required to place their clients' money in bank accounts separate from their own. Lawyers in all fifty states are held to that same high standard of professional conduct. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1995/95a1095p.txt">OPINION/ORDER</A><BR> We agree with the district court that the parties are not entitled to a jury trial under CERCLA. We will vacate the judgment in favor of the buyer and remand for a hearing on the contractual issues. Whose sole shareholder was and is Alex Kaufman.[fn1] Kaufman had worked at the Fords site for over twenty years and served as the president of Grace's chemical division there from 1962 until the sale in 1978. The site was polluted by the manufacturing operations that had been carried on over the years. The proceedings before the district court have been chronicled in a series of published opinions.[fn2] Although unresolved claims between the parties remain (including potential insurance coverage). One of which we find is dispositive of this appeal. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb96/94-8547.opa.html">STEWART V. KHD DEUTZ OF AM. CORP.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Stewart v. The court holds that a jury trial is available to plaintiffs in a breach of contract lawsuit brought under section 301 of the Labor Management Relations Act (LMRA). Lawsuit is brought.<p> FACTS<p> <p> In May 1985. The district court certified the issue pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTAwNDdfb3BuLnBkZg==/03-0047_opn.pdf">OPINION/ORDER</A><BR> This litigation was brought as a class action by inmates in New York City jails challenging the defendants' asserted failure to provide them with educational services to which they are entitled under New York State and federal law. The instant lawsuit arises out of a complex of allegations that the New York City Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTAwNDdfb3BuLnBkZg==/03-0047_opn.pdf">OPINION/ORDER</A><BR> This litigation was brought as a class action by inmates in New York City jails challenging the defendants' asserted failure to provide them with educational services to which they are entitled under New York State and federal law. The instant lawsuit arises out of a complex of allegations that the New York City Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/10/99-5130.htm">99-5130 -- FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT NO. I-011 -- 10/04/2000<BR></A><BR> </strong>Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011102.P.pdf">OPINION/ORDER</A><BR> Seeking primarily reimbursement of monies paid to Prudential pursuant to a subrogation term in its policy that was issued as an employee benefit plan. Singh's complaint alleged that the subrogation term was illegal under the provisions of the Maryland Health Maintenance Organization Act (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/oct97/96-4183.wpd.html">DAHN V. UNITED STATES<BR></A><BR> The case is therefore ordered submitted without oral argument. Is a quiet title action under 28 U.S.C. 2410. Was removed by the United States pursuant to 28 U.S.C. 1446. Was his exclusive remedy and dismissed his claims as untimely under 26 U.S.C. 6532(c) (prescribing nine month limitations period for 7426 action). If a notice of the tax lien was filed. The date and place such notice of lien was filed. 28 U.S.C. 2410(b). It is the adverse treatment of that effort with which she now takes issue. Ultimately denied her motion to amend because the proffered amendment was still insufficient under 2410(b). 961 F.2d at 920 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/98opinions/98-1308.html">INTERGRAPH CORP V. INTEL CORP<BR></A><BR> Of counsel on the brief were <U>David Vance Lucas</U>. With him on the brief was <U>Joel M. Of counsel on the brief were <U>Peter . Intel is a manufacturer of high performance computer microprocessors. The microprocessors are sold to producers of various computer based devices. Who adapt and integrate the microprocessors into products that are designed and sold for particular uses. These producers are called original equipment manufacturers. Intergraph Corporation is an OEM. Sells computer workstations that are used in producing computer aided graphics. From 1987 to 1993 Intergraph's workstations were based on a high performance microprocessor developed by the Fairchild division of National Semiconductor. Embodying what is called the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/April1995/95a1021p.txt">OPINION/ORDER</A><BR> While six year old Urvashi was playing a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/957694B.P.pdf">OPINION/ORDER</A><BR> Line 6 the phrase </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3B181A3BD78A945088256E5A00707D47/$file/9835154.pdf?openelement">OPINION/ORDER</A><BR> V. We have jurisdiction pursuant to 28 U.S.C. § 1291. Because the district court did not have the opportunity to consider Appellants' First Amendment claim in light of Phillips. One of the most significant is loyalty to the client. Lawyers have long been required to place their clients' money in bank accounts separate from their own. Lawyers in all fifty states are held to that same high standard of professional conduct. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/006634.P.pdf">OPINION/ORDER</A><BR> Concluding that Wessel's claim was barred by the State's sovereign immunity under the Eleventh Amendment to the United States Constitution. Wessel was committed to the custody of the Maryland Division of Corrections. All inmates are awarded a certain number of good conduct credits at the outset of their sentences. Completing a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan2003/01-15788.opn.html">UNITED STATES V. STEIGER (1/14/2003, NO. 01-15788)<BR></A><BR> I'm not sure if he is abusing his own child or a child he kidnaped. He is from Montgomery. As you see he is torturing the kid. She is 5 6 y.o. His face is seen clearly on some of the pictures. Home address and I can see when he is online. Can I send all the pics and info I have to these emails?</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200008/99-1315a.txt">OPINION/ORDER</A><BR> Estrada was on brief for the petitioners. Schaerr were on brief for amicus curiae Washington Legal Foundation. Thompson was on the brief for amicus curiae Grocery Manufacturers of America. Was on brief for the respondent. The Commission found that Novar tis's advertisements of its Doan's back pain remedies were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2000/99-13527.man.html">BUTTS V. COUNTY OF VOLUSIA (8/14/2000, NO. 99-13527)<BR></A><BR> § 1981 stated:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3C2CBD69E6E2C18388256AFD001790CB/$file/9735191.pdf?openelement">OPINION/ORDER</A><BR> While the decision was pending. Judge Schroeder was drawn to replace him. Circuit Judge: This is an appeal of a $5 billion punitive damages award arising out of the Exxon Valdez oil spill. This is not a case about befouling the environment. This is a case about commercial fishing. The jury was specifically instructed that it could not award damages for environmental harm. The reason is that under a stipulation with the United States and Alaska. Exxon had already been punished for environmental harm.1 The verdict in this case was for damage to economic expectations for commercial fishermen. The plaintiffs here were almost entirely compensated for their damages years ago. The punitive damages at issue were awarded to punish Exxon. Among the issues are whether punitive damages should have been barred as a matter of law and whether the award was excessive. Important aspects of this opinion are controlled by a 1 See Eyak Native Village v. Inc. 3 Facts Bligh Island and Bligh Reef have been known to navigators for a long time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/97-1105.htm">97-1105 -- ADAMS V. CYPRUS AMAX MINERALS CO. -- 07/16/1998<BR></A><BR> Circuit Judge. <p> <strong><hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3D85DBFEC9FD4BC788256E5A00707D3D/$file/9735191.pdf?openelement">OPINION/ORDER</A><BR> While the decision was pending. Judge Schroeder was drawn to replace him. Circuit Judge: This is an appeal of a $5 billion punitive damages award arising out of the Exxon Valdez oil spill. This is not a case about befouling the environment. This is a case about commercial fishing. The jury was specifically instructed that it could not award damages for environmental harm. The reason is that under a stipulation with the United States and Alaska. Exxon had already been punished for environmental harm.1 The verdict in this case was for damage to economic expectations for commercial fishermen. The plaintiffs here were almost entirely compensated for their damages years ago. The punitive damages at issue were awarded to punish Exxon. Among the issues are whether punitive damages should have been barred as a matter of law and whether the award was excessive. Important aspects of this opinion are controlled by a 1 See Eyak Native Village v. Inc. 3 Facts Bligh Island and Bligh Reef have been known to navigators for a long time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1040.PDF">OPINION/ORDER</A><BR> Who are consumers of Tyson chicken. Plaintiffs' first claim was for consumer fraud under the Illinois statute. Plaintiffs' second claim was for unjust enrichment. Because the propriety of removing a state action to federal court is a question of federal jurisdiction. Removal of a state civil suit to federal court is proper where </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may2000/98-5515.man.html">UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMM'N V. W&O, INC. (5/30/2000, NO. 98-5515)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/632DD41FCE1CF2A38825707400583938/$file/0316502.pdf?openelement">OPINION/ORDER</A><BR> We accepted jurisdiction and have consolidated them for purposes of decision. 3084.6(c).1 If the issue is not resolved during the informal appeal. The grievant next proceeds to the first formal appeal There are eight situations in which attempted resolution at the informal level is not required. The informal level is not required when a grievance involves </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/99opinions/99-1315a.html">OPINION/ORDER</A><BR> Estrada was on brief for the petitioners.<o:p></o:p></pre><pre><o:p> . Schaerr were on brief for <o:p></o:p></pre><pre>amicus curiae Washington Legal Foundation.<o:p></o:p></pre><pre><o:p> . Thompson was on the brief for amicus curiae <o:p></o:p></pre><pre>Grocery Manufacturers of America. Was <o:p></o:p></pre><pre>on brief for the respondent.<o:p></o:p></pre><pre><o:p> . Commission) <o:p></o:p></pre><pre>cease and desist order.<span style='mso spacerun:yes'>  </span>The Commission found that Novar <o:p></o:p></pre><pre>tis's advertisements of its Doan's back pain remedies were <o:p></o:p></pre><pre>". </o:p></pre><pre><span style='mso spacerun:yes'>     </span>Doan's over the counter back pain products have been mar <o:p></o:p></pre><pre>keted for over ninety years.<span style='mso spacerun:yes'>  </span>After Novartis's predecessor in <o:p></o:p></pre><pre>interest Ciba Geigy Corporation (Ciba). Doan's <o:p></o:p></pre><pre>has a weak image in comparison to the leading brands of <o:p></o:p></pre><pre>analgesics and would benefit from positioning itself as a more <o:p></o:p></pre><pre>effective product that is strong enough for the types of <o:p></o:p></pre><pre>backaches sufferers usually get.". </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2000/99-13527.man.html">BUTTS V. COUNTY OF VOLUSIA (8/14/2000, NO. 99-13527)<BR></A><BR> § 1981 stated:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CE4463BB96A33E2F88256BB8007E1CBD/$file/0016860.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction over Appel 6916 ORSAY v. Because we are reviewing a Rule 12(b)(1) dismissal. Appellants are Deputy United States Marshals in the employment of Appellee United States Marshals Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200115788.opn.pdf">OPINION/ORDER</A><BR> I'm not sure if he is abusing his own child or a child he kidnaped. He is from Montgomery. As you see he is torturing the kid. She is 5 6 y.o. His face is seen clearly on some of the pictures. Home address and I can see when he is online. Can I send all the pics and info I have to these emails? He is a doctor or a paramedic. 2 The anonymous source attached to this e mail an electronic image file containing a picture of a white male sexually abusing a young white female who appeared to be approximately four to six years of age. The source responded that he was from Turkey and could not afford an overseas phone call. Captain Murphy then sent an e mail stating: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/08F504BE0941A7A188256C8500598FD6/$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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-2495.PDF">OPINION/ORDER</A><BR> Which was set to expire in the fall of 1998. Inc. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2323.wpd">OPINION/ORDER</A><BR> I. This matter is before the en banc court to review issues emanating from the panel opinion in O Centro Espirita Beneficiente Uniao Do Vegetal v. The underlying facts relating to the parties and the issues are fully described in the panel opinion and are therefore unnecessary to reiterate here. The en banc court is divided over the outcome of this case. The en banc court holds that courts in this Circuit must recognize that any preliminary injunction fitting within one of the disfavored categories must be more closely scrutinized to assure that the exigencies of the case support the granting of a remedy that is extraordinary even in the normal course. Movants seeking such an injunction are not entitled to rely on this Circuit's modified likelihood of success on the merits standard. A majority of the en banc court is of the view that the district court's entry of a preliminary injunction in this case should be affirmed. The decision of the United States District Court for the District of New Mexico to grant UDV's request for a preliminary injunction is hereby AFFIRMED. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200202/00-1390a.txt">OPINION/ORDER</A><BR> With him on the briefs was Keith E. With him on the brief were Arthur F. Is not a member of the local union. The principal obstacle was steward Greg Swindall. Analysis The National Labor Relations Act expansively authorizes the Board to remedy unfair labor practices by </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19985515.OPN.pdf">OPINION/ORDER</A><BR> Sitting by designation. * Before this court are two consolidated appeals arising from the Pregnancy Discrimination Act case brought by Plaintiff Appellee United States Equal Employment Opportunity Commission ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/02/971123P.pdf">OPINION/ORDER</A><BR> They were rejected because MSI had reached the twenty probation violator cap. Order merely clarified its earlier injunction orders and therefore is not appealable. Because Sheriff Murphy's appeal is a belated appeal from the September 16 order. These contentions are without merit. The appealability of the September 16 order is not at issue. The Sheriff's notice of appeal explicitly states that he is appealing the order denying his motion to dissolve that injunction. The order denying a motion to dissolve an injunction is appealable. The September 16 order had no impact on Sheriff Murphy until he was barred from confining alleged probation violators in empty jail cells. That motion was timely under Fed. Its denial is appealable. Sheriff Murphy argues that the district court erred in summarily denying his motion to dissolve the injunction under prior law because the technical probation violator cap was imposed </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/09/96-8067.htm">96-8067 -- CAVENDER V. UPHOFF -- 09/26/1997<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiffs filed this action pursuant to 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1880.01A">OPINION/ORDER</A><BR> Lamond with whom McDonald & Associates was on brief for appellants. Lawyers Committee for Civil Rights Under Law of the Boston Bar Association were on brief for intervenor. With whom Boston Police Department Legal Advisor's office was on brief for City of Boston. Was on brief for appellee. This is an appeal from the district court's granting of summary judgment in favor of Defendants City of Boston. The BPD believed that promoting Ruiz was necessary to avoid violating an amended 1980 federal court consent decree. That the promotion was narrowly tailored to meet that goal. Officers who pass the exam are placed on an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/06/98-5009.htm">98-5009 -- MOBIL EXPLORATION & PRODUCING U.S., INC. V. UNITED STATES DEPARTMENT OF THE INTERIOR -- 06/16/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiffs Occidental Oil &. 1291. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19985515.MAN.pdf">OPINION/ORDER</A><BR> Circuit Judge: Before this court are two consolidated appeals arising from the Pregnancy Discrimination Act case brought by Plaintiff Appellee United States Equal Employment Opportunity Commission ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Feb2003/012998.pdf">OPINION/ORDER</A><BR> They also claim that the District Court should have limited Montgomery County's remedy to repair and replacement of the defective machines and should have off set the judgment against them by the amount of Carson's settlement with the County. We will affirm. The bid explicitly stated that it was for an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/10/96-4183.htm">96-4183 -- DAHN V. U.S. -- 10/21/1997<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> This appeal encompasses three of four cases consolidated in district court. Is a quiet title action under 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may2000/98-5515.man.html">UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMM'N V. W&O, INC. (5/30/2000, NO. 98-5515)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971500.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. His claims were denied by then Chief Judge Black. His appeal to the Judicial Council of the Fourth Circuit was also denied. Where it was dismissed on summary judgment. Kostishak claimed that his termination was not due to poor work performance. Rather was discrimination. He alleged that the firing 2 was done in retaliation against him because he intended to serve as a witness for another Bankruptcy Court employee who claimed racial discrimination by Judge Mannes. Kostishak also claimed that the firing was discrimination based upon his age (60) and disability (hypertension). Chief Judge Black agreed with Haas that the claim was meritless and wrote a letter to Kostishak in which he explained his findings. He merely sets forth at length the standards for granting summary judgment and then conclusorily asserts that the standards were not met. He never even states what his claims are. Kostishak asserts in his brief that he was pro se below and thus we should be more forgiving than we normally would be before dismissing 3 II. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb96/94-8547.opa.html">STEWART V. KHD DEUTZ OF AM. CORP.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Stewart v. The court holds that a jury trial is available to plaintiffs in a breach of contract lawsuit brought under section 301 of the Labor Management Relations Act (LMRA). Lawsuit is brought.<p> FACTS<p> <p> In May 1985. The district court certified the issue pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1830.01A">OPINION/ORDER</A><BR> Moring LLP</SPAN> were on brief for appellants.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200407/02-1294a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTU0ODctY3Zfb3BuLnBkZg==/04-5487-cv_opn.pdf">OPINION/ORDER</A><BR> Some have said. Is an engine of technological development. The telephonic system at dispute in this appeal is an example of that phenomenon it was designed and implemented to ensure that consumers paid charges for accessing pornography and other adult entertainment. The system identified the user of an online adult entertainment service by the telephone line used to access that service and then billed the telephone line subscriber 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 for the cost of that service as if it was a charge for an international phone call to Madagascar. It had a problem as well: It was possible for someone to access an adult entertainment service over a telephone line without authorization from the telephone line subscriber who understood herself contractually bound to pay all telephone charges. If the computer was connected by modem to a telephone line. Charges for accessing the adult entertainment appeared on bills sent to the consumers whose telephone lines were used. This billing system did not have a mechanism to ensure that a telephone line subscriber authorized the computer user to access a given adult entertainment service. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991607.P.pdf">OPINION/ORDER</A><BR> Chief Judge: Plaintiffs Rita Zimbelman and Karen Michalik were fired from their Air Force jobs based on suspicions of theft. The club is a nonappropriated fund instrumentality (NAFI). Meaning that it is a federal agency whose funds come primarily from its own activities rather than annual appropriations. Lieutenant Colonel Michael Filan sent Zimbelman written notification that he was recommending termination of her employment 3 because of suspicions of theft and fraud. Zimbelman was not covered by the remedial scheme of the Civil Service Reform Act (CSRA). The only way she could challenge her termination was pursuant to the internal procedures set forth in the Air Force Manual. Zimbelman's Step 2 and Step 3 grievances were rejected by Colonel Thomas Poole and Colonel Richard Hamer. Zimbelman was subsequently indicted on criminal charges but was acquitted by a directed verdict at the close of the government's case. Michalik's Step 2 grievance was summarily dismissed because she filed it in an untimely fashion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041540np.pdf">OPINION/ORDER</A><BR> (4) filing false disciplinary charges against him that were later dismissed (Count IV defendant Barnes). Oliver is not appealing this order. 2 1 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/771DDEC4217D18C088256F780080D38C/$file/0335187.pdf?openelement">OPINION/ORDER</A><BR> No appearance was made by the respondent appellee. Will not necessarily. Affect the duration of a prisoner's confinement if meritorious are cognizable via habeas. Docken was sentenced to 100 years in prison and designated. Docken's plea and sentence were affirmed by the Montana Supreme Court. Have appeared in this federal suit. Which then provided: If it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court. On the ground that it is not cognizable via habeas but must rather be brought as a civil rights action under 42 U.S.C. § 1983. We granted a Certificate of Appealability limited to the question of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041373p.pdf">OPINION/ORDER</A><BR> Initiated this putative class action in the District Court seeking damages and injunctive relief to combat what she contends is a widespread practice by mortgagees of assessing. The judgment of the District Court will be affirmed.1 I. Was confirmed on May 2. An order discharging Joubert was entered on February 28. Joubert asserted that she was entitled to seek redress. Costs to the amount of their secured claim.2 Joubert 2 Section 506(b) provides: To the extent that an allowed secured claim is secured by property the value of which. Process or judgment that is necessary or appropriate to carry out the provisions </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/02-1124.htm">02-1124 -- JONES V. PUGH -- 07/22/2002<BR></A><BR> The case is. Jones is presently incarcerated). Jones argues that the carjacking conviction is invalid because. The government was required to prove (and failed to do so) that the vehicle stolen by Mr. Jones was involved in interstate commerce </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199912049.OPN.pdf">OPINION/ORDER</A><BR> Five district court judges have presided over the case since its inception. Two different circuit courts of appeals have been asked to review one of their decisions.1 In this fifth appeal. We agree with the district court that the answer is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2F3D0EAED61F52D5882571B10081495F/$file/0435210.pdf?openelement">OPINION/ORDER</A><BR> Plaintiffs' homes were built with wood foundations. We have jurisdiction under 28 U.S.C. § 1291. The MHHO Program was designed to These facts. Are taken from Plaintiffs' complaint. Which is presumed true for purposes of this Rule 12(b)(6) proceeding. The families were required to contribute land. Each family was required to make monthly payments in an amount calibrated to their income. The homebuyers were made responsible for maintenance of the house. When the program was formalized in the Indian Housing Act of 1988. The Blackfeet Housing Authority was charged with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199805/97-1028a.txt">OPINION/ORDER</A><BR> Pedersen were on the joint briefs. Barr were on the joint briefs for petitioners Southern California Gas Co. Were on the brief. Leif were on the joint brief for intervenors Amoco Energy Trading Corporation. Barr were on the joint brief for intervenors Public Utilities Commission of the State of California. This delay was arbitrary and capricious. It could and should have ordered the intrastate pipeline to refund the charge. This case would never have reached this court. CPUC concluded that a refund was inappropriate because the interstate shippers had re ceived service and use of the interconnection facilities from SoCal. The gas was transported to local end users under contracts between SoCal and the end users. No refund was appropriate because the interstate shippers nominated deliveries into the intercon nection facility. CPUC reasoned: It is obvious to us that these nominators are customers of SoCalGas. Service was provided to the interstate ship per. In California they nominate in writing to SoCalGas for SoCalGas to transport gas to be delivered by the 1 The interstate shippers who appear as Petitioners before this court are: Amoco Energy Trading Corporation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/07/99-5130.htm">99-5130 -- FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT NO. I-011 -- 07/31/2000<BR></A><BR> Are entitled to qualified immunity because it was not clearly established law that the grading practice violated FERPA. Falvo is the mother of Elizabeth. Falvo learned that a number of her children's teachers would sometimes have their students grade one another's work assignments and tests and then would have the students call out their own grades to the teacher. Although Falvo was told that her children always had the option of confidentially reporting their grades to the teacher. When Falvo's children were in the sixth. Arguing the court should have granted relief in favor of Philip Pletan on the Fourteenth Amendment claim because. Summary judgment is appropriate </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-3056.wpd">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. 1291. Davis requested that the district court issue an order </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034231p.pdf">OPINION/ORDER</A><BR> This is an appeal from an order of the District Court denying the motion of Appellant NBT Bank. At issue is a claim by NBT under Article 4 of Pennsylvania's Uniform Commercial Code ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/08/002346P.pdf">OPINION/ORDER</A><BR> Obtained a ruling that the residential placement was not educationally necessary. She was 15 years old. Was sexually promiscuous. Was thought to have forged checks. Was hospitalized three times for threatening or attempting suicide. A.C. was suspended for behaving inappropriately. All three agreed that A.C.'s behavior was interfering with her academic progress. C.C. was not satisfied with these choices. A.C. was diagnosed with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/08/981010P.pdf">OPINION/ORDER</A><BR> One argument Arkansas raised is that the Eleventh Amendment bars a federal court from exercising jurisdiction over the Bradleys' IDEA claim. Judge Moody concluded that the IDEA was a valid exercise of Congress's power under § 5 of the Fourteenth Amendment to enforce the Equal Protection Clause. That the IDEA's provisions abrogating the state's Eleventh Amendment immunity therefore were valid under Seminole Tribe of Florida v. A methodology found to have some success in treating children with autism. An IEP is a written statement that indicates the educational performance level of a child with a disability and the special and mainstream services that will be used to accommodate the child and ensure that the child receives an appropriate education. Judge Eisele agreed with Judge Moody's order in Bradley that the abrogation provision in the IDEA was a valid exercise of Congress's § 5 power. Judge Eisele also determined § 504 was a valid exercise of Congress's § 5 power. The District Court held in abeyance its ruling on further motions and granted a continuance while the appeal was pending. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200504/03-3113b.pdf">OPINION/ORDER</A><BR> Grimm were on the brief for appellant. Were on the brief for appellee. Concerning the application of the plain error doctrine to appeals from sentences rendered under the Federal Sentencing Guidelines before the Supreme Court ruled that they are advisory rather than mandatory. Because the record is insufficient for us to determine with confidence whether the defendant suffered prejudice from the Booker error in this case. We hereby remand the record to the District Court so that it may determine whether it would have imposed a different sentence. I. Terence Coles was convicted of conspiracy. For his participation in a scheme to obtain grant money fraudulently from the District of Columbia's Escheated Estates Fund while he was the Special Assistant to the Secretary of the District of Columbia. Under which Coles was assigned a base offense level of 10 and a criminal history category of I. The Court's decision in Booker is cogently summarized in Crosby: Since November 1. Sentences in federal criminal cases have been determined pursuant to the Sentencing Reform Act of 1984 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0013p-06.pdf">OPINION/ORDER</A><BR> This decision was originally issued as an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/08/02-3284.htm">02-3284 -- WINFIELD V. RAY -- 08/12/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Mr. Winfield<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0199p-06.pdf">OPINION/ORDER</A><BR> Seeking a declaration that it was not required to defend or indemnify J & L in a personal injury action in state court relating to a logging accident that occurred on November 13. Was preparing to haul a load of timber from a J & L logging site. 2004ction was whether Shields was an employee of J & L at the time of his injury and. Facts J & L is a small. Is a fifty eight year old man who has worked in or around the logging industry most of his adult life. Which were garaged at his house and were maintained primarily by him. J & L hired Shields's trucks and drivers when it needed loads hauled and did not have any available trucks or drivers of its own. Although there was no formal contract between them. The payment arrangement between Shields and J & L was somewhat complicated. Shields was paid by the load for his work hauling for J & L. Shields was listed as an employee on the J & L payroll registers. He received a weekly payroll check of $250 from which taxes and health insurance premiums were withheld. He also received a check from the general account from which no withholdings were taken. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1995/95a1047p.txt">OPINION/ORDER</A><BR> We will reverse the order of the district court and provide certain directions upon remand. While this appeal was pending. Because we conclude that there are genuine issues of material fact in dispute. We will remand this matter to the district court for further findings of fact. A condition of eligibility is that the employee sign an agreement to release Warnaco from liability for employment related matters. Loss of employment will not make you eligible for a termination allowance. You will not be entitled to an allowance if termination of your employment occurs as a result of death. You will not be entitled to a termination allowance if. You are offered employment with Warnaco Inc. or any affiliate or subsidiary of Warnaco Inc. You will also not be entitled to a termination allowance if. Eligible employees are entitled to receive a termination allowance of one week pay for each completed year of service. 1990 will not be eligible for any termination allowance. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/01opinions/01-5182a.html">DAVID F. POWER V. JO ANN BARNHART<BR></A><BR> Argued the cause for appellee.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200015305.OPN.pdf">OPINION/ORDER</A><BR> Are not subject to the Limitation of Vessel Owner's Liability Act. The question of whether the United States' claims brought pursuant to PSRPA are subject to the Limitation Act is one of first impression. If the limitation is granted. The vessel owner subsequently is found liable. It was entitled to all damages due to injuries to resources in the National Park as a result of the grounding.3 The relevant provisions of the PSRPA include: 16 U.S.C. § 19jj 1(a): [A]ny person who destroys. Or injures any park system resource is liable to the United States for the response costs and damages resulting from such destruction. As limitation is based on the post accident value of the vessel and its freight. Especially in cases in which the vessel sinks or the freight is lost. Or injury to the same extent as a person is liable under subsection (a) of this section. 16 U.S.C. § 19jj(c): </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/03/996064P.pdf">OPINION/ORDER</A><BR> 1999 memorandum order concluding that they were liable to the debtor for fraud and breach of an asset purchase agreement involving the sale of their computer software business to the debtor. That they committed neither fraud nor breach of contract and that it was improper for the bankruptcy court to grant rescission of the asset purchase agreement. James was chiefly responsible for Abacor's operations and owned most of its stock. Was a minor shareholder and kept Abacor's books. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981929.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. Respondent Maurice Wilson is a former employee at the Lambert's Point Yard operated by petitioner Norfolk Southern Railway Company.1 The Lambert's Point Yard receives. Stores railroad cars filled with coal that is then loaded onto ships. Or under the Norfolk & Western Railway Company merged into its parent company during the pendency of this appeal and is now known as Norfolk Southern Railway Company. 1 NORFOLK SOUTHERN RAILWAY v. 42 (1989) (where an employee is covered by the LHWCA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981906.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Determining that Plaintiffs' exclusive remedy is under the South Carolina Workers' Compensation Law. Arguing primarily that the court should have certified certain questions to the state supreme court for resolution. Were injured on September 24. Both Chastain and Simpson were employees of Duke Energy 2 Corporation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/06/02-4174.htm">02-4174 -- UTAH ANIMAL RIGHTS COALITION V. SALT LAKE CITY CORP. -- 06/16/2004<BR></A><BR> One of those groups was Appellant. Are Salt Lake City and certain officials who had the responsibility of determining when and where various groups would be permitted to demonstrate. The question is whether the slow pace of the permit process violated the First Amendment. <p> Almost a year before the Olympics </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2000/99-14934.opn.html">UNITED STATES V. MILLS (8/8/2000, NO. 99-14934)<BR></A><BR> We reverse and remand for entry of judgment for the government. </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021432.P.pdf">OPINION/ORDER</A><BR> Are 4 BESKIND v. Who are permitted to sell and ship their wine directly to consumers. The district court held that North Carolina's ABC laws unconstitutionally discriminated against out of state wine manufacturers and sellers and were not saved by the Twenty first Amendment. The structure in North Carolina is a familiar three tiered one in which out ofstate sellers of alcoholic beverages may sell their alcoholic beverages only to licensed wholesalers. North Carolina General Statutes § 18B 102.1 provides that it is unlawful </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan1995/94a0929p.txt">OPINION/ORDER</A><BR> Are indispensable to review his claim that the prosecution improperly exercised its peremptory challenges to exclude African Americans from the jury. We will reverse because. Although the district court correctly concluded that Simmons' right to due process was violated. It erred by concluding that the violation was cured when Simmons received his direct appeal. Simmons was sentenced to life imprisonment plus 21 to 25 years. Simmons' conviction and sentence were not reviewed for 13 years. Simmons was granted his first appeal as of right. Portions of the trial record including a lengthy in camera voir dire of prospective jurors were missing. His motion was denied without prejudice to his right to challenge the record in the state appellate proceedings. The New Jersey Supreme Court held that its state constitution prohibits the prosecution's use of peremptory challenges </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/07/962357P.pdf">OPINION/ORDER</A><BR> Richard Mansfield (Mansfield).4 At issue in this appeal is whether the district court erred in affirming the bankruptcy court's ruling in favor of Mercantile on the Trustee's claims for conversion and postpetition transfer. Only one of these transactions is involved here. While Richard Mansfield and his wife Jenny are appellees in this case. Their failure to file briefs on appeal waived any arguments on their behalf. 24 3 2 facts as relevant to this appeal are as follows. Broadview a wholesale lumber brokerage firm was established in 1905. Broadview's 3 corporate checking account was maintained at SMB. Its financing was provided by Fidelcorp. Fidelcorp was acquired by CIT Group (CIT) sometime before January 1. Broadview was left without funds to support over $400. Broadview was forced to cease operations almost immediately. That amount was refunded to Broadview by check. An involuntary bankruptcy petition was filed against Broadview on November 12. Funds from that account which included other corporate funds transferred into it by Mansfield were used for construction of the Mansfields' home in Carthage. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0A27674028FF3F7588256F0F00793F4F/$file/0257183.pdf?openelement">OPINION/ORDER</A><BR> VONDERHARR were injured. The Trust is an employee benefit plan governed by Section 3(3) of the Employee Retirement Income Security Act of 1974 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/12/97-4197.htm">97-4197 -- UNION PACIFIC RAILROAD CO. V. STATE OF UTAH -- 12/03/1999<BR></A><BR> The Railroads allege that their property has been assessed substantially in excess of its fair market value for tax purposes while all other commercial and industrial property in the same tax category is assessed at less than fair market value. That the individual members of the Tax Commission are amenable to suit under <em>Ex parte Young</em>. We hold that section 11501 is a valid abrogation of Eleventh Amendment immunity and we therefore do not address the district court's application of <em>Ex parte Young</em>. <p> <center><strong>I </center> </strong> <p> <strong><center>Eleventh Amendment Immunity</strong></center> <p> The Eleventh Amendment states that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199806/97-5343a.txt">OPINION/ORDER</A><BR> With him on the brief were John L. With him on the briefs were Joel I. Were on the brief of certain States as amici curiae. An operating system is. Windows 95 is an operating system that integrates a DOS shell with a graphical user interface. Each operating system's APIs are unique. Install operating systems and other software that they have licensed from vendors such as Microsoft. Marginal production costs are negligible. Most relevant here is s IV(E) of the decree: Microsoft shall not enter into any License Agreement in which the terms of that agreement are expressly or impliedly conditioned upon: (i) the licensing of any other Covered Product. The Internet is a global network that links smaller net works of computers. The World Wide Web ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-1384.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. Of counsel was William Busis. In 1997 a WTO panel issued a report concluding that the EC's ban was contrary to its WTO obligations because the ban was not based on scientific evidence. In 1999 the United States requested suspension of the duty concessions that WTO countries are obligated to grant to one another. The matter was referred for arbitration. The United States Trade Representative has authority to take certain retaliatory measures when this country's trade rights are violated by another country. Among 05 1384 2 the listed products were those falling under HTSUS subheading 9903.02.35. Although toasted breads were included on the proposed retaliation list. Three of Gilda's entries that were classified under subheading 9903.02.35 were subjected to the 100 percent retaliatory duty. Because review under section 1581(a) is limited to the three entries for which Gilda filed protests that were denied by Customs. The duty at issue was imposed as a retaliatory measure. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/98opinions/98-1012.html">OPINION/ORDER</A><BR> With him on the brief were Richard S. With him on the brief was Steven E. Of counsel was Henri Frederic Hibon. 496 because these patents were licensed to Cambridge under a cross licensing agreement. All of which are assigned to Institut Pasteur. Are directed to structural components of and methods of detecting the presence of two types of Human Immunodeficiency Virus ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CC516F062D5456A788256CE1005ED1DC/$file/0056673.pdf?openelement">OPINION/ORDER</A><BR> 2003 is hereby amended as follows: 1. 2. After </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6CE52AF74642714888256E22007187E3/$file/0235599.pdf?openelement">OPINION/ORDER</A><BR> Concluding that the federal defendants were entitled to qualified immunity. We have jurisdiction under 28 U.S.C. § 1291. We hold that Bivens relief is unavailable for challenges to IRS partnership tax assessment and collection activities. I1 Hoyt was a well known sheep and cattle breeder in Burns. Each partner was expected to benefit from the partnership in two ways. Which the partners were able to claim as a tax deduction. In later years the partnerships were expected to produce a profit as each partnership liquidated the livestock that it had been assigned. Hoyt was accredited by the IRS as an enrolled agent. Because the plaintiffs' claims were dismissed on a motion to dismiss pursuant to Rule 12(b)(6). Hoyt was also the tax matters partner ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept2000/98-4971.man.html">WYZYKOWSKI V. DEP'T OF CORRECTIONS (9/11/2000, NO. 98-4971)<BR></A><BR> BACKGROUND</CENTER> </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/12/031645P.pdf">OPINION/ORDER</A><BR> The issue in this case is whether. 28 U.S.C. § 2255 (2000) is inadequate or ineffective to test the legality of Abdullah's conviction. United States District Judge for the Western District of Missouri. 1 would have jurisdiction to consider a § 2241 petition for habeas corpus relief. The factual background of his claim is more fully developed in the previous opinions. Abdullah did not argue that his § 924(c)(1) conviction was invalid because he had not properly understood the statute's definition of the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-3385.html">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1752_015.pdf">OPINION/ORDER</A><BR> The fundamental question in this consolidated appeal is when title to funds held in trust passes to a beneficiary. That question is broad. An imprecise resolution might have far reaching implications for. How to resolve this fundamental question in this particular situation is not easy. That terminal was to belong to United Air Lines. The issues on appeal are whether the district court correctly affirmed (1) the bankruptcy court's grant of summary judgment to United with respect to its prepetition reimbursement for work completed prepetition. A. The Bond Agreements The 1997 and 2001 bond agreements share the same basic structure and are governed by California law. The money in these funds is pledged for the repayment of principal and interest on the bonds and is held in trust for the bondholders. United is obligated to make these payments. Were designed to reimburse United for construction costs it incurred on the LAX project. Although the structure of the funds is similar. Unless United is in default in its payment obligations. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-4079.PDF">OPINION/ORDER</A><BR> Was the alter ego of defendant Didde Web Press Corporation (Didde Web Press). That Chromas was liable for breach of contract. That Chromas was not liable for fraud. Should have decided whether to pierce the corporate veil under an alter ego theory and that the damage award was irrationally high. By 1998 they were all owned by one company. 649.60 for a printing press that was never built and that. It was misled into making payments to Didde Web Press. A manufacturer of printing presses that was well on its way to bankruptcy. International thought it was really doing business with Chromas. Didde Web Press and Chromas were not strangers. Both were then owned by the Didde Corporation. International had to show that the separate corporate status between Chromas and Didde Web Press was invalid. The jury found that (1) the corporate veil should be pierced because Chromas was the alter ego of Didde Web Press. (2) Chromas was liable for breach of contract. (3) Chromas was not liable for fraud. Because the only other remaining defendants were in bankruptcy proceedings. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1117.01A">OPINION/ORDER</A><BR> Antonetti were on brief for appellants. Judith Berkan with whom Rosalinda Pesquera and Mary Jo Mendez Vilella were on brief for appellee. At issue in this case are the equitable remedies awarded to the plaintiff. American maintains in this appeal that front pay and reinstatement are mutually exclusive equitable remedies. We affirm the court's legal judgment that both front pay and reinstatement are permissible. We vacate the district court's order and remand for a hearing on whether reinstatement is an appropriate remedy here. BACKGROUND The facts of the underlying suit are discussed in detail in our opinion in Kerr I. Mary Jane Kerr Selgas was fired by American Airlines in 1992 after 18 years with the company. This was doubled automatically to over $2 million. Its order was based on the evidence received at trial and on additional materials submitted with motions by Kerr Selgas. American claims that this reinstatement order is improper for two reasons. It argues that reinstatement and front pay are alternative remedies and that Kerr Selgas was fully compensated by the jury award including front pay. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0380p-06.pdf">OPINION/ORDER</A><BR> I. The facts of this case are fully reported in our previous decision in Mapes v. Are only briefly recounted here. Mapes was convicted of aggravated murder in the shooting death of John Allen during a robbery at Allen's bar in Cleveland. The only mitigating evidence Mapes submitted was an unsworn statement that he was only 18 years old at the time of the New Jersey murder. That the conviction was really for manslaughter in light of the sentence he received. That he was not responsible for the actual shooting. Only two of which are in issue. The jurors were told that they were not permitted to consider mitigating evidence related to Mapes's prior murder conviction. The trial court stated that Chatman's answer was sufficient. By commenting on the fact that his mitigation statement was unsworn. Any of the three sentencing issues that are currently the subject of Mapes's habeas corpus petition. Mapes's conviction and death sentence were affirmed on direct appeal. His petition for state post conviction relief was denied. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/01/994249P.pdf">OPINION/ORDER</A><BR> Lakeshore is surrounded by the Lake Hamilton Resort Hotel (the Hotel). Claiming that Lakeshore's developer was obligated to provide utilities and continued access to the Hotel's parking and recreational facilities. The Master Deed referred to the time share purchasers' rights to use hotel amenities by stating that [t]he Developer is presently contemplating construction of certain recreational facilities on property owned by the Developer adjacent to the property described in Exhibit </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/10/01-4043.htm">01-4043 -- MARKER V. PACIFIC MEZZANINE FUND -- 10/30/2002<BR></A><BR> PMF concedes that the interest charged on the loan was usurious and does not contest the district court's order to pay TTI double the interest that it paid on the loan. The loan was subject to the provisions of the SBIA. Any surplus from the sale is given to the borrower. The borrower remains liable for any deficiency if the sale's proceeds are inadequate to satisfy the debt. (<u>Id</u>.). PMF notified TTI that the loan was in default. That payment in full was due. The WHI Note was due on December 31. TTI argues that PMF's enormous gain on a usurious loan violates the SBIA and that return of the promissory notes<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1437829DDB6F96ED88256ECF0057BEB5/$file/0216682.pdf?openelement">OPINION/ORDER</A><BR> Seeking (1) declaratory relief stating that the Opera Plaza satellite policy is valid. Next the court determined that no substantial federal question was presented by Opera Plaza's suit. As the federal statute and regulation were relevant only as a possible defense by a satellite TV viewer. A federal question was not alleged. Jurisdiction and Standard of Review We have jurisdiction pursuant to 28 U.S.C. § 1291. The existence of subject matter jurisdiction is a question of law reviewed de novo. To determine whether a particular restriction is permissible or prohibited under this section. 47 C.F.R. § 1.4000(e). Opera Plaza's argument that the district court erred in dismissing this case for lack of subject matter jurisdiction is three fold: first. Because it is predicated on § 207 and 47 C.F.R. § 1.4000(e). Opera Plaza contends that § 1.4000(e) is the exclusive procedure for testing a restriction such as its satellite policy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/40EF69E0B1C8B8C38825728000821E44/$file/0436021.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. § 1291 over this appeal of the final judgment of the district court. I. Phillips was convicted in state court of second degree manslaughter and sentenced to an indeterminate term of ten years imprisonment. Was subsequently incarcerated for other crimes. He was seeking access to PHILLIPS v. He was called to the library on June 8. He was unable to bind the petition on that date. Rossi/Hust </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033474p.pdf">OPINION/ORDER</A><BR> This case arises from a situation that is troubling on several accounts: First. We hold that the answer is no. 3 I. Robert DeFoy was convicted in state court of armed robbery. DeFoy was recommitted as a technical parole violator to serve eighteen additional months. He was re paroled. DeFoy was arrested for involuntary deviate sexual intercourse. DeFoy testified as to his innocence but was convicted nonetheless and sentenced to 78­156 months imprisonment. Because DeFoy was unwilling to admit he committed the sex offenses. He was precluded from participating in the Program.2 In turn. He was twice denied parole while serving the armed robbery sentence because he had not participated in the Program. DeFoy's direct appeals in the Pennsylvania courts were denied on the basis that denials of parole are not appealable in those courts. The prisoner continues to serve his sentence during which time he or she is the subject of society's rehabilitation efforts under supervision. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-1873_028.pdf">OPINION/ORDER</A><BR> Peter Cefalu was terminated from his position as a truck driver with Roadway Express. Alleging that he had been fired in retaliation for his support of his co worker in the grievance hearing and that this activity was protected under the Surface Transportation Assistance Act of 1982 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Dec2003/024046p.pdf">OPINION/ORDER</A><BR> We will affirm. I. FACTUAL BACKGROUND Daffy's is a chain of retail clothing stores specializing in selling popular brands of goods and apparel at discount prices. Inc. was recognized as a reputable supplier. The events leading to the purchase began when a representative of Sara's approached Daffy's regarding some Gucci handbags that were being diverted to the United States from a merchant in the Far East. Although Daffy's representatives were confident that the bags were genuine. A Daffy's employee presented one of the bags to the Gucci clerk and informed the clerk that she had received the bag as a gift 3 and was not certain of its authenticity. The employee asked the clerk to examine the bag and confirm that it was genuine. Informed the Daffy's employee that the bag was authentic. That conclusion was based on certain indicia of authenticity including the quality of fabric and leather. Daffy's also sent one of the bags it had purchased that was damaged to the Gucci repair center in New York for repair. Daffy's concluded that the bags it had purchased from Sara's were genuine Gucci bags. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan1995/94a0930p.txt">OPINION/ORDER</A><BR> On behalf of themselves and all owners of real property that was constructed or rehabilitated in the defendant townships since July 1. On behalf of themselves and all owners of real property that was constructed or rehabilitated in the defendant townships since July 1. The central issues presented are whether this Court's review is barred by the operation of 28 U.S.C. § 1447(d). Whether the remand was proper. Because review of a district court's remand order is generally available. We will dismiss the appeal at 94 7338. Because remand should have been ordered. We will also deny the petition. The Balaziks made a timely motion to have the proceedings remanded to state court under 28 U.S.C. § 1447(c). 70 L.Ed.2d 271 (1981) (holding that taxpayers are barred by the principle of comity from asserting § 1983 damages actions in federal courts based on the administration of state tax systems). These actions have been consolidated. Swatara has argued that the remand order is (1) reviewable because it was predicated on McNary comity grounds. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/95opinions/95-5428a.html">STDNT LOAN MKT ASSN V. RILEY RICHARD<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199807/97-5343b.txt">OPINION/ORDER</A><BR> With him on the brief were John L. With him on the briefs were Joel I. Were on the brief of certain States as amici curiae. An operating system is. Windows 95 is an operating system that integrates a DOS shell with a graphical user interface. Each operating system's APIs are unique. Install operating systems and other software that they have licensed from vendors such as Microsoft. Marginal production costs are negligible. Most relevant here is s IV(E) of the decree: Microsoft shall not enter into any License Agreement in which the terms of that agreement are expressly or impliedly conditioned upon: (i) the licensing of any other Covered Product. The Internet is a global network that links smaller net works of computers. The World Wide Web ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/01/051139P.pdf">OPINION/ORDER</A><BR> Because the relief sought against Siade's employer sponsored health care plan was not available The Honorable Audrey G. The plan was governed by ERISA. Siade was diagnosed with non Hodgkin's lymphoma and sought GHP's pre approval for an allogeneic stem cell transplant. GHP denied coverage on the basis the procedure was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0433p-06.pdf">OPINION/ORDER</A><BR> Two issues are presented in this appeal. The first is whether the magistrate correctly determined that Thompson has no right of action against Knifley or Knifley Realty for damages caused by their alleged violations of section 330.110 of the Kentucky Revised Statutes. The second is whether Thompson's negligence claim was properly dismissed on summary judgment. We find that his ultimate conclusions were correct as to both issues and. I. The essential facts of this case are not in dispute. Knifley showed Thompson various local properties that were 1 No. 03 5247 Thompson v. One of those properties belonged to Tommy and Elizabeth Breeding and was scheduled to be auctioned on Saturday. Which was held at the Breedings' home. Apparently the garage door was already open when she arrived. She observed three young men in the yard carrying items that she surmised were stolen from the property. Thompson admitted that she was aware of the wet spot before she stepped in it and. That the wet spot </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept2000/98-4971.man.html">WYZYKOWSKI V. DEP'T OF CORRECTIONS (9/11/2000, NO. 98-4971)<BR></A><BR> BACKGROUND</CENTER> </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1994/94a0761p.txt">OPINION/ORDER</A><BR> National Union and Gulf sought to rescind insurance policies which they had issued and under which City Savings and the RTC were seeking coverage. National Union and Gulf were jurisdictionally barred from raising certain affirmative defenses to the RTC's counterclaim. We will affirm the district court's holding that under FIRREA the district court lacks subject matter jurisdiction over National Union and Gulf's declaratory judgment action. We will reverse the district court's holding that under FIRREA National Union and Gulf are barred from raising affirmative defenses to the counterclaim. Sent a letter to National Union and Gulf providing notice that City Federal might have suffered a loss covered by the insurance policies as a result of dishonest or fraudulent acts of City Federal employees. City Federal was declared insolvent by the Director of the Office of Thrift Supervision ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/12/99-1061.htm">99-1061 -- PADILLA V. SCHOOL DISTRICT NO.1 IN THE CITY AND COUNTY OF DENVER -- 12/05/2000<BR></A><BR> The IDEA's predecessor.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200202/00-1222a.txt">OPINION/ORDER</A><BR> With them on the joint briefs were Bruce D. With him on the brief were Jane E. With him on the brief was Jack N. Leanza were on the brief for intervenors/amici curiae Con sumer Federation of America and United Church of Christ. Is the Rule irrational? 16 2. Chief Judge: Before the court are five consoli dated petitions to review the Federal Communications Com mission's 1998 decision not to repeal or to modify the national television station ownership rule. (UCC) have intervened and filed briefs in support of the Commission's decision to retain the national television station ownership rule. We conclude that the Commission's decision to retain the rules was arbitrary and capricious and contrary to law. We vacate the cable/broadcast cross ownership rule because we think it un likely the Commission will be able on remand to justify retaining it. To review each of the Commission's ownership rules every two years: The Commission shall review its rules adopted pursuant to this section and all of its ownership rules biennially as part of its regulatory reform review under section 11 of the Communications Act of 1934 and shall determine whether any of such rules are necessary in the public interest as the result of competition. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199807/97-7165a.txt">OPINION/ORDER</A><BR> Were on the briefs. Were on the brief. Concluding that the destruction of documents was too extensive to permit a trial to go forward. I. Background Webb was hired as a probationary correctional officer with the District in January 1973 at a DS 6 level. He had applied for and was denied promotion to more than one hundred positions 1 on the basis of his sex. While proceedings in his nonselection suit were ongoing. The district court directed Webb to file a second amended complaint setting forth with particularity the positions for which he applied and was not selected. Although the complaint noted that Webb's claims were not limited to those examples. Webb was promoted to a DS 12 chaplain's position but contended that the discriminatory denial of more than one hundred DS 12 positions from 1983 to 1992 hampered his advancement to DS 13 and DS 14 positions. Were eventually abandoned. his claims of retaliation.3 The court also granted Webb leave to amend his complaint to add a claim of retaliatory discharge and race/sex discrimination resulting from his 1994 termi nation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5E8290FB85CEDC2688256FBA0006B0A9/$file/0136133.pdf?openelement">OPINION/ORDER</A><BR> Appearing at 361 F.3d 1108 (9th Cir. 2004) is amended as follows: OCEAN ADVOCATES v. The New platform facilitates an increase in tanker traffic and is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/97opinions/97-1512.html">CELERITAS V. ROCKWELL<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0844n-06.pdf">OPINION/ORDER</A><BR> This case presents the questions of whether an ERISA plan's determination to deny benefits was arbitrary and capricious and. If it was. Sitting by designation. * No. 05 6633 MetLife's determination to deny benefits was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199810/97-7043a.txt">OPINION/ORDER</A><BR> With her on the briefs were Steven H. Was on the brief for appellant. With him on the brief were John M. Were on the brief for intervenor United States of America. Alleg edly saying that Davis was dying of HIV. Thus he invokes the familiar taxonomy in which classifications that disadvantage a suspect class or impinge on the exercise of a fundamental right are subject to strict scrutiny. While classifications that do neither are subject only to review for rationality. Here the central claim is that Davis's right to privacy is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0321p-06.pdf">OPINION/ORDER</A><BR> 1 all commissioners of insurance or Mike Pickens is a defendant on ly in the action brought by First Tennessee Bank. Therefore is a party only to Appeal No. 03 5521. 1 The Honorable Gordon J. Who were sued in their official capacity as receivers for various insolvent insurance companies (collectively. Because it lacked jurisdiction or because it should have declined jurisdiction in its discretion. While at the same time controlling the unregistered brokerage that was supposedly investing the large cash reserves that insurance companies typically have on hand. He was funneling the money to overseas bank accounts. Frankel was the subject of a four month. Bank accounts used in Frankel's money laundering scheme were held by the insurance companies at both AmSouth. The Receivers argue that the Banks were negligent in not realizing the massive fraud that those accounts were being used to commit. The Receivers concluded they might have claims against AmSouth. That tolling agreement was extended six times. Negotiations were ongoing. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0154n-06.pdf">OPINION/ORDER</A><BR> Holding that the Labor Cabinet was a nominal party that did not divest the district court of diversity jurisdiction. Maiden argues that the district court erred in denying its remand motion because his declaratory judgment action is equitable in nature and that the Labor Cabinet is not a nominal party. A limited partnership whose partners are Delaware citizens. Was an at will employee of NAS at the Carroll County plant and was discharged on or about August 29. Maiden alleges that his discharge was in retaliation for charges he made to the Kentucky Department of Environmental Protection about the workplace health at and safety practices of NAS. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961814.P.pdf">OPINION/ORDER</A><BR> The victim alleges that these rapes were motivated by her assailants' discriminatory animus toward women and sues them pursuant to the Violence Against Women Act of 1994. Morrison immediately asked Brzonkala if she would have sexual intercourse with him. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200202/00-1222b.txt">OPINION/ORDER</A><BR> With them on the joint briefs were Bruce D. With him on the brief were Jane E. With him on the brief was Jack N. Leanza were on the brief for intervenors/amici curiae Con sumer Federation of America and United Church of Christ. Is the Rule irrational? 16 2. Chief Judge: Before the court are five consoli dated petitions to review and one appeal from the Federal Communications Com mission's 1998 decision not to repeal or to modify the national television station ownership rule. (UCC) have intervened and filed briefs in support of the Commission's decision to retain the national television station ownership rule. We conclude that the Commission's decision to retain the rules was arbitrary and capricious and contrary to law. We vacate the cable/broadcast cross ownership rule because we think it un likely the Commission will be able on remand to justify retaining it. To review each of the Commission's ownership rules every two years: The Commission shall review its rules adopted pursuant to this section and all of its ownership rules biennially as part of its regulatory reform review under section 11 of the Communications Act of 1934 and shall determine whether any of such rules are necessary in the public interest as the result of competition. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1220.01A">OPINION/ORDER</A><BR> Is amended as follows: On page 36. Is vacated. The magistrate judge is free to reduce the amount embargoed to the net award plus anticipated costs and interest. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr1997/97a1567p.txt">OPINION/ORDER</A><BR> Circuit Judge: We are here asked to decide whether a victim of a privately executed wiretap can successfully move to quash a subpoena duces tecum directing the perpetrator of the wiretap to convey recordings of unlawfully intercepted communications to a grand jury. We will reverse the district court and remand with orders that the subpoena duces tecum be quashed. We will not refer to the parties by their proper names. We will also limit our recitation of the facts to the minimum necessary to explain and resolve the issues presented. The relevant facts are undisputed. Appellant intervenor John Doe 1 is the target of a federal grand jury investigation (hereinafter </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTMwMTRfc28ucGRm/04-3014_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/00opinions/00-1009.html">TEGAL CORPORATION V. TOKYO ELECTRON AMERICA, INC<BR></A><BR> Argued for plaintiff appellee.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1024.01A">OPINION/ORDER</A><BR> Was on brief. The district court found that such an action is not viable in Maine. While he was an employee of Maine/Sysco. Breton was severely injured at work. Travelers was Maine/Sysco's workers' compensation insurance carrier during that time. Which would have enabled Breton to be reimbursed for medical bills by his personal health insurance carrier. An employer's workers' compensation carrier is immune from suit in tort for actions taken in the administration of a workers' compensation claim. The issue before us is whether. Assuming Breton's allegations of Travelers' wrongdoing are true. His action is nevertheless barred by the immunity and exclusivity provisions and administrative framework of the Act. Employers are granted immunity from common law or statutory actions </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr2001/001801.txt">OPINION/ORDER</A><BR> This case was consolidated with the employees' action to form the present lawsuit. Which provided that it would be in effect for four years from the date it was implemented. That the District Court was authorized to take </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0165p-06.pdf">OPINION/ORDER</A><BR> Holding that Thurman's suit was preempted by the Employee Retirement Income Security Act (ERISA). We hold that the district court correctly ruled that Thurman's state law claims were preempted to the extent that he requested expectation damages. These aspects of his state law claims were not related to the plan. Were thus not preempted. We REVERSE the district court's dismissal of Thurman's state law claims to the extent that they are not related to the plan. He was still employed by Pfizer. Thurman was notified that the pension information he had received was incorrect. Human Resources told him in writing that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-1492.html">WU V. WANG<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/526A379772BF5DFA88256FA500059763/$file/0335480.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: We must decide whether a Washington timber company's claims arising from the alleged breach of a timber contract were properly dismissed on summary judgment. Ballinger was formerly the president of Balkin Enterprises. It was sold by one William Abraczinskas. We must also decide whether either of those decisions was an abuse of the district court's discretion. We have jurisdiction pursuant to 28 U.S.C. § 1291. I Hambleton Brothers is a family owned and operated Washington timber company founded in the 1950s. Balkin Enterprises was an Oregon corporation that engaged in real estate. Hambleton Brothers's decision to enter into the timber contract was based in part on Adams's appraisal of the timber value and in part on discussions with Dale Kinsey. Hambleton Brothers did not know at the time of the contract formation that Balkin Enterprises was also paying Adams a fee for his services. Title to the FruitA </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991979.P.pdf">OPINION/ORDER</A><BR> Asset freezing injunction on the United States' allegations that the defendant oncology service providers defrauded the Medicare and CHAMPUS1 programs and thereafter were engaging in complex reorganizations and transfers of assets to insulate themselves from liability. Concluding that because both money damages and equitable relief are sought in this case. The controlling authority is not Grupo Mexicano but Deckert v. Doctors Colkitt and Derdel are physicians specializing in radiation oncology. The United States alleges that the defendants claimed reimbursement on bills for radiation oncology services that were not provided or ordered by the physician and on bills for unnecessary radiation oncology services. Count V 8 alleges that payments were made to defendants under a mistake of fact. Count VI alleges that all actions of the defendants were actions of Colkitt under an alter ego theory. Profits </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200206/01-5182a.txt">OPINION/ORDER</A><BR> With him on the brief were Roscoe C. Because neither Power's right to relief nor the SSA's duty to provide it is clear. We affirm the district court's determination that a grant of the extraordinary reme dy of mandamus is inappropriate in this case. The Commissioner may authorize a fee even if the claimant was unsuccessful in obtaining benefits. 20 C.F.R. s 404.1725(b)(2). claimant with an administrative claim to receive compensation pursuant to a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200207/01-1259a.txt">OPINION/ORDER</A><BR> Nation al Labor Relations Board were on brief. Bolek was on brief. Cobb argues that the remedies are not warranted under the Act absent a determi nation that Cobb refused to hire. Nineteen applicants who were members of Local Union No. 196 of the United Association of Plumbers and Pipefitters. Namely how much backpay Cobb is required to pay and what other relief. Is appropriate. We reject Cobb's invitation to reconsider whether Cobb would have hired the Union appli 1 As used by the Board. At *6 (2000). cants in the first instance absent union animus because that issue was decided at the liability stage. We nonetheless remand to the Board for it to recalculate the amount of backpay owed based on our conclusion that Cobb may have had a non discriminatory policy of not hiring plumbers for plumber helper positions and that the end date for the backpay periods should take into account each Union appli cant's likelihood of transferring to another Cobb project. Is a mechanical contractor engaged in the business of plumbing. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2256.01A">OPINION/ORDER</A><BR> Spellman P.C.</SPAN> were on brief for appellant.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/63EF7964E16307848825702E0080AF3A/$file/0435138.pdf?openelement">OPINION/ORDER</A><BR> Chief Judge: This litigation is about the Environmental Protection Agency's registration of 54 pesticide active ingredients that the plaintiff environmental coalitions fear may harm endangered or threatened salmon and steelhead in the waters of the Pacific Northwest. It was not bound by the consultation requirements of the Endangered Species Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-1233.html">STARK V. ADV. MAGNETICS<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/08/062433P.pdf">OPINION/ORDER</A><BR> Factual Background HOK Sport is a subsidiary of Hellmuth. Krause is the president and chief executive officer of Kum & Go. The Menace is a minor league soccer club located in Urbandale. The City of Urbandale would have owned the stadium and received a nominal rent payment. Would have operated the stadium as a for profit business. Would have paid rent to Calcio. TSF was to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0112p-06.pdf">OPINION/ORDER</A><BR> Kentucky were exposed over many years to dangerous radioactive substances without their knowledge. Four such workers and members of their families have sued General Electric (GE). Factual background The Paducah Gas Diffusion Plant (PDGP) is a sprawling industrial plant located on a 3. It was built by the federal government in the early 1950s as part of an initial foray into uranium processing. Its three successive operators have all been named as defendants in this suit. They are Union Carbide (formerly known as Carbide and Chemicals Company. 800 individuals have been employed by the PGDP at any one time. The primary purpose of the PGDP is and always has been to enrich uranium. The solid uranium is then converted into a gaseous form and forced through a series of membranes that increase the concentration of uranium 235. This </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A425BE6D0796D64288256E0F005D1CB6/$file/0256213.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/03/98-5088.htm">98-5088 -- U.S. V. LE -- 03/31/1999<BR></A><BR> This warrant was executed in the evening hours of July 2. Federal agents seized the explosives and heavy weapons discovered earlier in the day. <p> At about the same time that the TPD officers were executing the state warrant. A combined force of TPD officers and ATF agents stopped Le as he was driving his truck through Tulsa. The purpose of this stop was to execute a search warrant. Le was arrested and taken into custody. The samples were taken. <p> Also during the day on July 2. Who came to the business and examined the weaponry to determine if the items were stolen military equipment. The Defense agent determined that many of the weapons were indeed stolen. No weaponry was seized at the business on July 2. <p> On August 4. Le was charged with the following offenses: (1) possession of a stolen firearm. The search was impermissible because the affidavit did not state the last time that contraband was observed at Le's residence. (3) the warrant itself was not sufficiently particular. It was not particular enough. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0132p-06.pdf">OPINION/ORDER</A><BR> Thomas Wenner was the Chief Operating Officer of Orchid Manufacturing Group ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19962351.OPA.pdf">OPINION/ORDER</A><BR> The paperwork for the option and for an FMHA loan application was prepared by realtor Frances Rankin. Figures on the paperwork were Collins claimed changed to reflect a purchase price of $49. 200. that this change was made without his knowledge or consent. Further discussion of it is warranted. That statutory provision requires each lender to provide the borrower with a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042016np.pdf">OPINION/ORDER</A><BR> We must determine when the contract between the two parties was formed and whether the contract included Solar's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2533.01A">OPINION/ORDER</A><BR> Were on brief. Hahn LLP</SPAN> were on brief. Which was assigned to Irwin Home Equity Corp. for servicing. <A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3300.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. Of counsel on the brief was Daniel M. Carley was employed in Fort Knox. Carley that his position was slated to be abolished and that he would be subject to a reduction in force ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1253.01A">OPINION/ORDER</A><BR> Burton Chandler with whom Seder & Chandler was on brief for appellant. P.C. were on brief for appellee. The gravamen was Fallon's refusal to provide coverage for a treatment regime proposed by Charlotte Turner and her doctor to address her metastasized breast cancer. After the case was removed to federal district court. The pertinent facts are largely undisputed. Charlotte Turner was diagnosed with breast cancer. The disease was at first treated by surgery. Was beyond control by conventional therapies. Ronald Turner was employed by General Motors. Charlotte Turner was covered by the health coverage that Fallon provided for family members of General Motors employees. Fallon is a health maintenance organization that provides or reimburses health care for its members. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/07/971580P.pdf">OPINION/ORDER</A><BR> The doctor informed the Postal Service that it would be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/03-3295.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. Of counsel on the brief was Ivan A. The Agency was to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/01opinions/01-1259a.html">OPINION/ORDER</A><BR> Nation al Labor Relations Board were on brief. <span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2000/99-14934.opn.html">UNITED STATES V. MILLS (8/8/2000, NO. 99-14934)<BR></A><BR> We reverse and remand for entry of judgment for the government. </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTYzMjgtY3YgdyBFcnJhdGEucGRm/04-6328-cv%20w%20Errata.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A866B1856168B97D8825732F007C39E8/$file/0616625.pdf?openelement">OPINION/ORDER</A><BR> One such purpose is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0062p-06.pdf">OPINION/ORDER</A><BR> This decision was originally issued as an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3B8434AA2CA0F32C88256C590053196C/$file/0135823.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This appeal requires us to decide whether a plaintiff who seeks only money damages is required to exhaust administrative remedies before instituting a claim under 42 U.S.C. § 1983 predicated on a violation of the Individuals with Disabilities Education Act (IDEA). Exhaustion of those remedies is required. Robb was in the fourth grade. The tutoring occurred on the floor of a dim hallway where there was no chair or desk for her to use. The district court dismissed the case for lack of subject matter jurisdiction on the ground that the plaintiffs were barred from pursuing a judicial remedy before they exhausted their administrative remedies under the IDEA. The principal purpose of the Act is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0197p-06.pdf">OPINION/ORDER</A><BR> Gaynell Metts are disabled individuals who brought this action on September 12. The State of Tennessee Department of * Because the essential character of Tennessee's assessment for disabled parking placards is regulatory. Although Tennessee's assessment was imposed by the Tennessee legislature. The assessment is imposed on only a narrow class of persons. As I have explained. The assessment is connected to the cost of the program. Tennessee's assessment is analogous to a license or permit fee. Which is a paradigmatic regulatory fee. 340 41 (1974) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTYzMjgtY3Zfb3BuLnBkZg==/04-6328-cv_opn.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTI0NTAtY3Zfb3BuLnBkZg==/04-2450-cv_opn.pdf">OPINION/ORDER</A><BR> The claim charged violations of USERRA and the New York Military Law and was dismissed by the District Court on the basis of Eleventh Amendment immunity. BACKGROUND Morris Hayes was hired by the Board as an Elementary School Principal in the Chester Union Free School District. The Board was aware that Morris Hayes held a commission as a Major in the United States Army Reserve and. Was subject to calls to military training and active duty. Morris Hayes was unable to perform her duties as Elementary School Principal. Defendant Canzoneri told her </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/07/032950P.pdf">OPINION/ORDER</A><BR> Who told Clark to have Lollis call him. Two security guards were present. Clark received a call informing her that boxes with some of her materials were on the sidewalk outside Southeast. The boxes were subsequently delivered to Clark at Rogers. Newell's e mail stated: I was notified today by Dr. Love that the materials that were being held from [Southeast] were going [to be] returned to the school at the end of the week unless some verification can be made as to ownership. . . . Or a statement from the company stating that they were compensation for work. Clark informed Newell she would have difficulty producing such evidence. If the grievance is not resolved. If the employee is not satisfied with the outcome. Contending (1) the evidence was insufficient to support a denial of due process and the District is entitled to judgment as a matter of law on Clark's due process claim. (2) Clark's claim is barred by a prior state court lawsuit against Lollis. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/95opinions/95-5037a.html">USA V. MICROSOFT CORP<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0042n-06.pdf">OPINION/ORDER</A><BR> Plaintiffs Appellants are Teen Ranch. Defendants Appellees are Marianne Udow. Is responsible for providing care and supervision to abused. Delinquent children who have been committed to or placed in its care through state courts. The FIA is authorized to contract with private organizations to provide placement services. At least 35 of the providers are faith based organizations. Once a child is placed in the care of the FIA. A computerized grid is then used to determine the best placement for the child. Is an organization that has provided licensed and residential services for delinquent. Teen Ranch maintains that participation in the religious programming is voluntary since its policy does not mandate participation in any religious activity. Which was later confirmed. The letter also addressed Teen Ranch's representation that youth are not required to participate in religious programming. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/06/042066P.pdf">OPINION/ORDER</A><BR> For a different reason: a judgment in their favor is not likely to remedy the harms about which they complain. 25 U.S.C. § 464 (which provides that government approval is needed for transfers of certain kinds of Indian property). The crux of the complaint is that the trust money is not being used (and will not be used) for the purposes laid out in the Act. Rescind the waiver of the Tribe's sovereign immunity that is included in the bond agreement. It held that dismissal was appropriate because the plaintiffs had failed to join an indispensable party. The defendants have adopted the district court's argument on standing. Have not. The alleged current and prospective misuses of the trust money ­ because the Tribe is not a defendant and none of the defendants controls the Tribe's challenged behaviors. A brief methodological note is appropriate before we give our reasons for concluding that the plaintiffs lack standing. We need not accept as true their legal conclusions even if they are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200213348.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Miller is a paraplegic. Miller is housed in disciplinary isolation in the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-5100o.pdf">OPINION/ORDER</A><BR> With him on the petition was John S. Of counsel on the petition were David W. With her on the response were Peter D. ORDER A petition for rehearing en banc was filed by the Cross Appellant. A response thereto was invited by the court and filed by the Appellant. The matter was referred first as petition for panel rehearing to the panel that heard the appeal. Thereafter the petition for rehearing en banc and response were referred to the circuit judges who were authorized to request a poll whether to rehear the appeal en banc1. A poll was requested. IT IS ORDERED THAT: (1) The petition for rehearing is denied. (2) The petition for rehearing en banc is denied. After the voting deadline had expired in this matter. 1 (3) The mandate of the court will issue on September 28. The panel majority holds that there is no jurisdiction in the Court of Federal Claims or any other court of a Takings claim for compensation for unauthorized use by the government of a patented invention. This ruling is contrary to decision. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200214469op2.pdf">OPINION/ORDER</A><BR> The plaintiffs filed this class action on behalf of all Florida citizens who have been convicted of a felony and have completed all terms of their incarceration. Parole but who are barred from voting under the state's felon disenfranchisement law.2 The defendants are members of Florida's Clemency Board.3 II. A felon who has completed his sentence may apply for clemency to have his civil rights restored. The requirement of a hearing is insufficient to support the plaintiffs' claim. We say nothing about whether conditioning an application for clemency on paying restitution would be an invalid poll tax. 2 Approximately seventy percent of the plaintiffs class is white. The Clemency Board is made up of the Governor of Florida and members of the Cabinet. Summary judgment is appropriate when </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/01-6008.htm">01-6008 -- CUDJOE V. INDEPENDENT SCHOOL DISTRICT NO.12 -- 07/23/2002<BR></A><BR> He was evaluated by his teacher and the school counselor. These evaluations and recommendations were recorded in a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-1241a.html">DOUGLAS FOODS CORP V. NLRB<BR></A><BR> Argued the cause for respondent.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/04/97-2370.htm">97-2370 -- GUARDIANS V. BABBITT -- 04/22/1999<BR></A><BR> The petition for rehearing is denied by the panel that rendered the decision. The Court will. As follows: <p> The first sentence of the first full paragraph in column two at 164 F.3d 1269 of the West's Federal Reporter advance sheets (first sentence of first full paragraph on page 20 of our slip opinion) is amended to read: Even in mandamus cases. We have often spoken in strong. Language with regard to the court's duty to enforce agency action mandated by Congress. <p> The first sentence of the first full paragraph in column two at 164 F.3d at 1274 of the West's Federal Reporter advance sheets (first sentence of first full paragraph on page 34 of the slip opinion) is amended to read: While we hold that the Secretary must be ordered to comply with his statutory duty to publish a final regulation regarding designation of the critical habitat for the silvery minnow without regard to his preferred priorities. Any order now to impose a new deadline for compliance must consider what work is necessary to publish the final rule and how quickly that can be accomplished. <p> The last paragraph of the opinion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200311392.pdf">OPINION/ORDER</A><BR> I. Plaintiffs are ambulance suppliers based in Georgia. Holding that the mandamus jurisdiction invoked by plaintiffs under 23 U.S.C. § 1361 is both available and appropriate in this case. Certifying a class of ambulance providers.2 The threshold issue we must decide is whether the district court correctly assumed mandamus jurisdiction over this action. R.E. 32 34. 4 2 Mandamus jurisdiction is appropriate3 only where (1) the defendant owes a clear nondiscretionary duty to the plaintiff and (2) the plaintiff has exhausted all other avenues of relief. Plaintiffs cannot invoke the extraordinary remedy of mandamus because they have an alternative </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200311688.pdf">OPINION/ORDER</A><BR> The scope of appellate review is not limited to the precise question certified by the district court because the district court's order. Is brought before the court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Dec1997/97a1766p.txt">OPINION/ORDER</A><BR> We find that Chowdhury is not dispositive on this issue. Chowdhury did not apply this court's test for determining when it is appropriate to imply a private right of action to enforce regulations. We agree with the overwhelming number of courts of appeals that have indicated. We will reverse. 4 I. The City of Chester is located in Delaware County. Of which 65% is black and 32% is white. Of which 6.2% is black and 91% is white. It further alleges that the Chester facilities have a total permit capacity of 2.1 million tons of waste per year. While the non Chester facilities have a total permit capacity of only 1. That: Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity. Is authorized and directed to effectuate the provisions of section 2000d of this title with respect to such program or activity by issuing rules. Or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972579.U.pdf">OPINION/ORDER</A><BR> *Judge Murnaghan heard oral argument in this case but died prior to the time the decision was filed. The decision is filed by a quorum of the panel. 28 U.S.C. § 46(d). 2 CARRINGTON GARDENS ASSOCIATES v. Unpublished opinions are not binding precedent in this circuit. Was entitled to permanently retain subsidy monies otherwise due to Carrington during time periods when Carrington was in default on the terms of a Housing Assistance Payment contract (housing contract). Carrington is a Virginia limited partnership that owns a multifamily apartment complex in Richmond. Carrington then filed this suit against HUD seeking relief to compel HUD to restart the monthly payments and for monetary damages equaling the amounts withheld by HUD while Carrington was in violation of its obligations. HUD recommenced making the payments in question but it nevertheless refused to return the payments that HUD suspended while Carrington was in default. HUD having recommenced the payments as the conditions were corrected. The district court accepted the parties' factual stipulations and decided that HUD was entitled to retain the sum of $75. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0265p-06.pdf">OPINION/ORDER</A><BR> This is a case in which the district court granted a conditional writ of habeas corpus after the petitioner had already been released from incarceration. Deuth Page 2 I The facts of this case are not in dispute. Both were drinking. Though Gentry claims that she was much more sober than her new friend. So Gentry agreed to keep driving so as not to wake her daughter who was asleep in the apartment. Both Pettit and Gentry were ejected from the vehicle. Gentry was indicted by a grand jury for driving under the influence and manslaughter in the second degree. Gentry was convicted and sentenced to five years in prison. Gentry's appeals were denied at all levels. She was released from prison in July 2003. The order was entered on the docket on May 21. Questions of law or mixed questions of law and fact are reviewed de novo. As this appeal is essentially predicated on a technical legal issue ­ whether the district court possessed jurisdiction over the motion to enforce and the authority to nullify the Commonwealth's conviction ­ we must apply de novo review. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/07/022255P.pdf">OPINION/ORDER</A><BR> The Moore Plan canceled this coverage when it determined that Geissal was not entitled to continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1986 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AE875BFE46FE943B882570440073A81C/$file/0350315.pdf?openelement">OPINION/ORDER</A><BR> ORDER The Government's request in its petition for panel rehearing to correct a factual error is granted to the following extent to clarify the opinion. The first two sentences of the paragraph that begins at the bottom of slip op. 5152 and continues on page 5153 are deleted and the following is inserted in its place: Defense counsel did not inform Kwan that. The petition for rehearing is otherwise denied. Because we find that Kwan's counsel was constitutionally ineffective in affirmatively misleading him as to the immigration consequences of his conviction. Are United States citizens. Kwan was indicted for two counts of bank fraud. Defense counsel assured Kwan that although there was technically a possibility of deportation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <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 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971808.P.pdf">OPINION/ORDER</A><BR> Chief Judge: This case is a study in the tensions that can beset the franchisorfranchisee relationship. Defendants maintain that the suit was erroneously certified as a class action and challenge several other legal rulings by the district court. Deprived defendants of a fair trial on the precise issue of contractual breach that is properly the focus of this case. I. The plaintiff class consisted of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june98/95-2322.man.html">OPINION/ORDER</A><BR> We must consider whether this appeal is moot.</P> <P> Appellants assert that their appeal is not moot. We have the power to grant effective relief. This appeal is not moot. The attorney was permitted to write down any question he thought might call for the disclosure of communications protected by the attorney client privilege. To consult with appellants who were stationed outside the grand jury room. The court stated that appellants would have a full opportunity to litigate that issue in a contempt hearing. Denied them due process of law.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5FF68FA2B47DAF0A88256E5A00707BE8/$file/9935579.pdf?openelement">OPINION/ORDER</A><BR> Sanchez claimed that he was verbally harassed by some male co workers and a supervisor because he was effeminate and did not meet their views of a male stereotype. Sanchez further asserted that he was terminated in retaliation for opposing the harassment. Sanchez was subjected to a relentless campaign of insults. The remarks were not stray or isolated. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1167.01A">OPINION/ORDER</A><BR> Lynch & Bixby was on brief for John J. The district court agreed with Achilli that 1) the Local should have told the arbitrators that Achilli. Was following union orders. Achilli probably would have kept his job. The Local and Achilli have filed appeals. That a labor organization will be liable if it significantly harms its members through actions that are arbitrary. Labor Law 28.04[2][c] at 28 65 (1989) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200412676ord.pdf">OPINION/ORDER</A><BR> O R D E R: 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. Rehearing en banc is DENIED. /s/ J. This Court has left intact our circuit law on Booker plain error as it is laid out by our panel decision in this case. Which was followed in Duncan and Curtis. Establishes that the use of extra verdict enhancements under the pre Booker mandatory guidelines scheme is Sixth Amendment error that is plain. Shelton adds to our circuit law the rule that while pre Booker sentencing free of any extra verdict enhancement is not a violation of the Sixth Amendment. It is statutory error under the remedial part of the Booker decision. The upshot of our four decisions is that the first two prongs of the four prong plain error test are met in all pre Booker sentencing cases.1 To that In United States v. (2) that is plain. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199711/97-1064a.txt">OPINION/ORDER</A><BR> Were on the briefs. Were on the briefs. Were on the brief for intervenor Virginia State Corporation Commission. Bauser was on the brief for intervenor North east Utilities Service Company. That DOE's current approach toward contractual remedies is inconsistent with the NWPA and with our prior decision in Indiana Michigan. Created a scheme whereby the federal government would have the responsibility to provide for the permanent disposal of the SNF. The plan provided that the owners and generators of the SNF would have the primary responsibility to provide and pay for its interim storage until the Secretary of Energy accepts the material </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-2039.01A">OPINION/ORDER</A><BR> Whitman & Ranson were on brief for appellees. were on brief for appellees. Due to the fact that the State of New Hampshire had banned Seabrook construction cost recoveries through PSNH rate increases until after the facility was brought on line. PSNH was forced to seek chapter 11 protection prior to the completion of the second unit. The NHPUC order was affirmed by the Supreme Court of New Hampshire on **NUSC is a wholly owned subsidiary of Northeast Utility. A public **NUSC is a wholly owned subsidiary of Northeast Utility. Appellants objected to confirmation of the reorganization plan on the grounds that the approved rate agreement on which the reorganiza tion was based would deprive PSNH of its prudent investment in Seabro ok and that the proposed reorganization therefore was not in the best interests of appellants. Who were cross examined by appellants. Since the rate agreement was within the range of results reasonably expectable in a litigated rate case. Which was denied by the bankruptcy judge after hearing. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/97-1055.htm">97-1055 -- MURRELL V. SCHOOL DISTRICT NO. 1, DENVER COLORADO -- 08/04/1999<BR></A><BR> We are bound to construe as true the facts presented in the plaintiff's complaint. <em>See</em> <em>Seamons v. Jones was born with spastic cerebral palsy. She is also deaf in her left ear. Jones was also developmentally disabled. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1BBD47ED3D1EA70F88256A8B0059B629/$file/9935579.pdf?openelement">OPINION/ORDER</A><BR> Sanchez claimed that he was verbally harassed by some male co workers and a supervisor because he was effeminate and did not meet their views of a male stereotype. Sanchez further asserted that he was terminated in retaliation for opposing the harassment. Sanchez was subjected to a relentless campaign of insults. The remarks were not stray or isolated. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <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= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-1415.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. Negley his eligibility date for health insurance through the BOW Plan was July 1. Benefits under the BOW Plan were fully insured by Medical Mutual of Ohio (MMO). MMO is not a party to this action. Negley was enrolled in the BOW Plan effective November 1. Negley was subject to a preexisting condition exclusion under the Plan for a number of months and. He incurred medical expenses that were not covered by his health insurance. Negley's case was tried to the court in April 2004. Negley sought were not recoverable on a breach of fiduciary duty claim under ERISA 502(a)(3). A motion for judgment as a matter of law is governed by Fed. 1217 (10th Cir. 2001) (noting motion for judgment in bench trial is governed by Rule 52(c). We held that compensatory damages are not recoverable under 502(a)(3). 392 F.3d at 404 06. These arguments were thoroughly addressedÄand rejectedÄin this court's opinion in Callery. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/65833DC94B3B8B2B88256BBC0052640E/$file/0115452.pdf?openelement">OPINION/ORDER</A><BR> Holding that the appropriate remedy is a proportionate share of the profits the bank made with the misappropriated trust funds. FACTS Security Pacific National Bank (SP) was the trustee for 2. 500 or more trusts (the parties are not more precise). For which its compensation was set by contract and could only be increased by consent or by order of the probate court. Was unable to correct that practice until 1994. The question before the court was whether. Which claimed the interest should have been compounded. It observed that all of the plaintiffs' claims were based on the California Probate Code. The trustee is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the trust estate resulting from the breach of trust. With interest. (3) Any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust. The court held that determination of the profits </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199806/94-7227a.txt">OPINION/ORDER</A><BR> Were on the briefs. Spitzer were on the brief. The focus of their challenge is an order which empowers the general receiver to disregard District law to the extent that it unreasonably interferes with the discharge of her responsibilities. Because that order is too broad. The balance of the appeals are moot. Concluded that the evidence presented in the case was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1086.PDF">OPINION/ORDER</A><BR> The proponents of this view argue that the federal courts are overburdened. We have little doubt that this case would have been better brought in an Indiana state court. It was the appellee that chose to file its complaint in federal court and it was that complaint which sought novel remedies. Although we are not fans of delay. It is with limited sympathy that ultimately we must certify several of the questions raised in this appeal to the Indiana Supreme Court. DFS purchased </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3299_043.pdf">OPINION/ORDER</A><BR> We have jurisdiction over North American's interlocutory appeal from this order. Were prone to leaks. Were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0380n-06.pdf">OPINION/ORDER</A><BR> Plaintiffs Appellants ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Oct2003/023381p.pdf">OPINION/ORDER</A><BR> We are once again called upon to determine whether a lawsuit claiming medical negligence is completely preempted by the civil enforcement provision of the Employee Retirement Income Security Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/03/022833P.pdf">OPINION/ORDER</A><BR> I. This case is before us for the second time. Marvin is a family owned company that manufactures. The genesis of this lawsuit was Marvin's use. Marvin had used Penta products successfully for years until environmental concerns were raised about the active ingredient. The four month jury trial was bifurcated. The jury found that PPG had given Marvin a warranty of future performance and that such warranty formed part of the basis of the bargain between the parties and was incorporated into their agreement. The jury found the warranty was breached and awarded damages: $53.6 million for out of pocket costs. A </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-2128.01A">OPINION/ORDER</A><BR> McCarthy</U> was on brief. Were on brief. Sustache was sentenced to thirty seven years in prison for the crimes.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042744p.pdf">OPINION/ORDER</A><BR> Barbara Schwartz Lee and Bernard Lee This appeal was argued before the panel of Chief Judge Scirica. The quorum was reconstituted to include Judge Smith and Judge Stapleton after the elevation of Judge Alito to the Supreme Court and the death of Judge Rosenn. The case was reargued before the reconstituted panel on April 26. At issue in this World War II reparations case is whether a suit seeking additional funds for victims of Nazi era wrongs is justiciable. We will reverse and remand. Legal redress was largely unavailable to 6 the victims of these crimes for nearly half a century1 because their claims against the German government and German companies were barred or deferred by various international agreements and treaties. The treaty was silent on the issue of private individuals' war related claims against the German government and German companies. The seventeen founding members were Allianz AG. Leading negotiations on the German side were Chancellor Schroeder's Envoy and Chief German Negotiator. The goal was to create a foundation (a reparations fund) to compensate Nazi era victims and to fund ongoing projects to prevent religious and ethnic intolerance in Germany. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1267.01A">OPINION/ORDER</A><BR> Were on brief. Weld</U> were on brief. We reiterate only those necessary to decide the narrow issues before us.</FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/01/034051P.pdf">OPINION/ORDER</A><BR> The court will refer to the adjudicative side of the Federal Labor Relations Authority as the Authority. Concluding the Authority's order is arbitrarily overbroad. Because the remaining portions of the Authority's order are uncontested. The SIS Manual </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-3018.PDF">OPINION/ORDER</A><BR> Because the local jail is crowded. Nothing was found. Campbell supposes that money never is an adequate remedy for a constitutional wrong. That belief is incorrect. Damages are a normal. Which as a constitutional tort often is analogized to (other) personal injury litigation. Erroneous grants of injunctive relief that hamper enforcement of the criminal law have the potential to cause havoc. While erroneous awards (or denials) of damages to a single person have more limited ability to injure the general public. Judges are fallible. When the costs of false negatives are low and this is what it means to say that the remedy at law is adequate there is correspondingly slight reason to incur the risk of premature or overbroad injunctive relief. Campbell's suit is just getting under way. The decision will have precedential effect even if the only remedy is monetary. If this court decides that the City's practice is unconstitutional then it must cease whether or not a formal injunction issues (for the prospect of damages paid to thousands of suspects would bring the City into line). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2179.01A">OPINION/ORDER</A><BR> Were on brief. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/01/033673P.pdf">OPINION/ORDER</A><BR> Was not supported by evidence that satisfied the requirements of Fed. Cree and Jurgens's plan was to develop a product to link computers at one location to data storage networks at other locations through the Internet or other Wide Area Network using Internet Protocols. Which was developing data storage networking products. Schrandt accepted NuSpeed's offer and gave Storage Technology oral notice on or about December 3 that he was leaving. While Schrandt was still at Storage Technology. That he was going to work for NuSpeed. NuSpeed hired twenty two more engineers who were or had been employed at Storage Technology. A new open Internet protocol was published. NuSpeed announced that it was developing a device to transmit data using the iSCSI protocol. Although the SN 5420 was 2 indeed the first iSCSI device to market. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200106/00-1241a.txt">OPINION/ORDER</A><BR> With him on the brief were Leonard R. The NLRB's findings in relation to these transactions are inadequate. The accompanying restoration order is beyond the scope of the Board's remedial authority. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200517164.pdf">OPINION/ORDER</A><BR> That is the question. Are the Alabama sturgeon and the shovelnose sturgeon separate species? Which one observer has noted </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200110/00-1457a.txt">OPINION/ORDER</A><BR> With him on the brief was Kenneth L. Appellants argue that their employer somehow conferred standing on them by mailing them a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FB8DEECEDDA7C5B7882573220075807A/$file/0550410.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: At slip op. page 8075. The mirror port was installed at PacBell's connection facility in San Diego. Circuit Judge: Defendants appellants Mark Stephen Forrester and Dennis Louis Alba were charged with various offenses relating to the operation of a large Ecstasy manufacturing laboratory. Were convicted on all counts following a jury trial. The omission and the misstatement compel us to hold that Forrester's waiver of his right to counsel was not knowing and intelligent and that the Sixth Amendment was violated when he was allowed to proceed pro se. We conclude that this surveillance was analogous to the use of a pen register that the Supreme Court held in Smith v. Alba is not entitled to the suppression of the evidence obtained through the surveillance because there is no statutory or other authority for such a remedy.1 I. Forrester and Alba were indicted on October 26. Forrester was charged with one count of conspiracy to manufacture and distribute 3. Alba was also charged with that Alba's remaining arguments are addressed in a concurrently filed memorandum disposition. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7DA4A1591B8DDC4288256BDC0080816E/$file/0115452.pdf?openelement">OPINION/ORDER</A><BR> 2002 is amended as follows: P. 7330. Holding that the appropriate remedy is a proportionate share of the profits the bank made with the misappropriated trust funds. FACTS Security Pacific National Bank (SP) was the trustee for 2. 500 or more trusts (the parties are not more precise). BANK OF AMERICA NATIONAL TRUST 8773 which its compensation was set by contract and could only be increased by consent or by order of the probate court. Was unable to correct that practice until 1994. The question before the court was whether. Which claimed the interest should have been compounded. BANK OF AMERICA NATIONAL TRUST observed that all of the plaintiffs' claims were based on the California Probate Code. The trustee is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the trust estate resulting from the breach of trust. With interest. (3) Any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/034890.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The DOT Office of Motor Carriers ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1599.01A">OPINION/ORDER</A><BR> Rovell were on brief for defendants Ricardo Gonzalez Navarro and Conchita Navarro de Gonzalez. Daniel Harris and Law Offices of Daniel Harris were on brief for plaintiffs Luis Bonilla. This opinion is a companion to two others issued today. We are reversing the principal judgment against Volvo. The principal judgment against Trebol and the Gonzalez defendants is being vacated and the matter remanded for further proceedings as to damages. The effect of the two orders taken together was to award attorney's fees and costs in favor of the plaintiffs in the amount of $3. There are 500 docket entries that relate to discovery matters. After discovery was completed and the case proceeded to trial. The true prices were shown on invoices for the same sales sent directly by Volvo to Trebol. Volvo </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0436p-06.pdf">OPINION/ORDER</A><BR> Harper's employment was transferred from AutoAlliance to AAI Employee Services Co. The conditions and terms of his employment were governed by the collective bargaining agreement ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/11/976027P.pdf">OPINION/ORDER</A><BR> Stat. §§ 428.010 428.090 (1986)) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july97/96-6866.opa.html">BRISENTINE V. STONE & WEBSTER ENG'G CORP.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Brisentine v. Holding that Brisentine's statutory claims were subject to compulsory arbitration pursuant to an arbitration clause in a collective bargaining agreement. None of which were met in this case.<p> <b>I. THE COLLECTIVE BARGAINING AGREEMENT<p> <p> The Project Maintenance and Modifications Agreement ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov2002/01-15117.opn.html">BROWARD GARDENS TENANTS ASS'N V. UNITED STATES ENVTL. PROTECTION AGENCY (11/5/2002, NO. 01-15117)<BR></A><BR> Was constructed during the City's operation of the landfill. Because: (1) their complaint is not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200311/01-1503a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200311/02-1208a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/024917.P.pdf">OPINION/ORDER</A><BR> Jr. was convicted in August 2001 of drug trafficking in Virginia. He was sentenced to 420 months' imprisonment. While his conviction was pending appeal. Kennedy was brought to testify on two separate occasions before a grand jury that was investigating drug and money laundering activities in the Danville. He was subsequently indicted for perjury based upon his testimony. Claiming that they were obtained in violation of his Fifth and Sixth Amendment rights and were the result of prosecutorial misconduct. There was insufficient evidence here of prosecutorial misconduct amounting to a deprivation of due process. Kennedy's testimony was therefore admissible at his prosecution for perjury. KENNEDY 3 While his appeal was pending. Was to probe drug trafficking and money laundering offenses in the Danville. The specific purpose of Kennedy's appearance was to elicit information about other individuals dealing drugs in Danville. About certain land transactions in which Kennedy was involved. Kennedy was not a target of the investigation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200410/03-5169b.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/12/97-2370.htm">97-2370 -- FOREST GUARDIANS V. BABBITT -- 12/22/1998<BR></A><BR> The administrative process was set in motion to list the Rio Grande silvery minnow as an endangered species and designate its critical habitat under the Endangered Species Act of 1973 and its subsequent amendments ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june98/95-2322.man.html">OPINION/ORDER</A><BR> We must consider whether this appeal is moot.</P> <P> Appellants assert that their appeal is not moot. We have the power to grant effective relief. This appeal is not moot. The attorney was permitted to write down any question he thought might call for the disclosure of communications protected by the attorney client privilege. To consult with appellants who were stationed outside the grand jury room. The court stated that appellants would have a full opportunity to litigate that issue in a contempt hearing. Denied them due process of law.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar2001/995734.txt">OPINION/ORDER</A><BR> Because we conclude that the claims are not preempted. We will reverse their dismissal and remand this case to the District Court. I. FACTS1 The plaintiffs are shareholders in seven investment companies. The plaintiffs have brought the case as a putative class action. The Funds are closed end investment companies. Which are registered with the Securities and Exchange Commission (SEC) and publicly traded on the New Y ork Stock Exchange. All of the Funds are incorporated under the laws of Maryland and have their principal places of business in Plainsboro. The Funds' aim is to provide shareholders with income that is exempt from federal income taxes and to increase retur n to shareholders through the use of leverage. Because the facts of this case are not in dispute. The factual background that follows is taken largely from an earlier District Court opinion in this case. As long as there is a spr ead between the short term rates paid by the Funds to holders of the preferred stock and the longer ter m rates received by the Funds from investments. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200503/04-7051a.pdf">OPINION/ORDER</A><BR> With him on the briefs were Carolyn F. With her on the brief were Robert J. Replacement of educational services the child should have received in the first place. Pointing out that neither reasoning nor evidence supported this hour per day calculation and insisting that hour per hour relief was instead the child's due. They also challenge the officer's decision to allow the child's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021494A.P.pdf">OPINION/ORDER</A><BR> We now conclude that the government's waiver of sovereign immunity reflected in the Suits in Admiralty Act is subject to an implied exception similar to the discretionary function exception contained within the Federal Tort Claims Act. I. The relevant facts are set out in detail in the panel's opinion. We will only briefly recount them here. The plaintiffs were riding two jet skis on the Ohio River in the vicinity of the Robert C. The plaintiffs were injured when they went over the gates and dropped approximately twenty five feet to the water below. There were several warning signs on the upstream side of the dam. Their evidence indicated that the signs were difficult to see from the river. Alleging that the government had a duty to warn about the dangers of the dam and that the signs in place were inadequate to satisfy this duty. Arguing that it was protected by an implied discretionary function exception to the SIAA's waiver of sovereign immunity. The government also moved for summary judgment on the merits of the plaintiffs' claims on the grounds that it had no duty to warn about the dam and that the warnings it provided were. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-7044a.html">A. LASHAWN V. BARRY JR. MARION S.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200506/04-5267a.pdf">OPINION/ORDER</A><BR> With him on the briefs was Joseph D. With him on the brief were Peter D. We must decide whether an employee who secures a final administrative disposition finding discrimination but who is dissatisfied with the remedy may challenge only the remedy in the federal court action. When discrimination is found. The employing agency's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200507/04-1278a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F0E09BB37A97D51A88257310004D1DAC/$file/0550410.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Defendants appellants Mark Stephen Forrester and Dennis Louis Alba were charged with various offenses relating to the operation of a large Ecstasy manufacturing laboratory. Were convicted on all counts following a jury trial. The omission and the misstatement compel us to hold that Forrester's waiver of his right to counsel was not knowing and intelligent and that the Sixth Amendment was violated when he was allowed to proceed pro se. We conclude that this surveillance was analogous to the use of a pen register that the Supreme Court held in Smith v. Alba is not entitled to the suppression of the evidence 8074 UNITED STATES v. FORRESTER obtained through the surveillance because there is no statutory or other authority for such a remedy.1 I. Forrester and Alba were indicted on October 26. Forrester was charged with one count of conspiracy to manufacture and distribute 3. Alba was also charged with that offense. Forrester is represented by counsel on appeal. He also had legal representation from the time his indictment was filed until October 23. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0386n-06.pdf">OPINION/ORDER</A><BR> Are a group of disadvantaged business enterprises. The defendants are: the Commonwealth of Kentucky Transportation Cabinet ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0442n-06.pdf">OPINION/ORDER</A><BR> The petition is DENIED. Was to take over production of neoprene at the Dupont facility in Louisville. Was committing unfair labor practices. The case was then sent to a compliance proceeding before the Board's Regional Director in order to more specifically enforce the prior Board order. The Union argued that its members were entitled to certain backpay and other monetary awards because of several unilateral changes DDE made to the terms of employment. Contended that these alleged unilateral changes were unlitigated unfair labor practice claims that the Union had failed to assert in the original Board proceeding. The Regional Director determined that a cease and desist order was the appropriate remedy and denied the Union's request for monetary relief. N.L.R.B. unilateral change in established terms and conditions of employment </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept2002/01-15262.opn.html">BROCHU V. CITY OF RIVIERA BEACH (9/5/2002, NO. 01-15262)<BR></A><BR> District Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTIzMzctYWdfb3BuLnBkZg==/05-2337-ag_opn.pdf">OPINION/ORDER</A><BR> Pro. 41(g) for the return of New York bank accounts that they claim to own and that were seized by criminal forfeiture to the United States government. The district court declined to exercise jurisdiction because it found that an adequate remedy at law was available via a 21 U.S.C. § 853 ancillary proceeding in the criminal forfeiture action then pending in the United States District Court for the District of New Jersey. Mabon Corporation are privately held corporations in the British Virgin Islands. Petitioner Piedade Pedro De Almeida is a natural person who resides in Brazil and is a citizen of Portugal. It is alleged that between 1993 and 2000. A branch employee Maria Carolina Nolasco was arrested in the District of New Jersey on June 27. Chesler of the District of New Jersey.1 Among these accounts are the several at issue in this proceeding. The warrant applications stated that the accounts were used by Nolasco in connection with the unlicensed money transmitting business. That they were held in the names of shell companies and individuals that have no known legitimate business. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-2076.01A">OPINION/ORDER</A><BR> Meagher & Flom were on brief. Frazier were on brief. Sanchez Betances & Sifre were on brief. McConnell Valdes were on brief. BACKGROUND This is presumably the final skirmish in a decade long conflict. Other jousts are chronicled in a series of published opinions. We believe that a condensed summary of the hostilities will suffice for the nonce. Although bureaucrats are reputed to abhor a vacuum. Ostensibly concerned that the oil companies were taking unfair advantage. Since large oil companies are not in business to lose money. A wholesaler could choose between paying a refund based on a retrospective GPM of 13 per gallon for the injunction period or paying one based on whatever profit margin would have allowed it to achieve an annual return on assets equal to the average return on assets for the electric utility industry. The wholesalers were not mollified. It revivified the court action originally instituted by the oil companies and filed a motion for restitution seeking an award equal to the excess profits that the wholesalers would have been forced to disgorge 2We refer to the three oil companies collectively as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTM4MjMtY3YgdyBFcnJhdGEucGRm/05-3823-cv%20w%20Errata.pdf">OPINION/ORDER</A><BR> The district court lacked jurisdiction because the action was not brought as an appeal of an agency decision pursuant to IGRA § 2714. We hold that the district court was without jurisdiction to entertain the action and we affirm the dismissal. The other half shall be paid into the Treasury for the use of the Indian or tribe by or for whom it was so paid. 3 Management Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTM4MjMtY3Zfb3BuLnBkZg==/05-3823-cv_opn.pdf">MICROSOFT WORD - 05 CV 3823 U.S. V. ST. REGIS MOHAWK FINAL.DOC<BR></A><BR> The district court lacked jurisdiction because the action was not brought as an appeal of an agency decision pursuant to IGRA § 2714. We hold that the district court was without jurisdiction to entertain the action and we affirm the dismissal. The other half shall be paid into the Treasury for the use of the Indian or tribe by or for whom it was so paid. 3 Management Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTM4MjMtY3Zfb3BuLnBkZg==/05-3823-cv_opn.pdf">MICROSOFT WORD - 05 CV 3823 U.S. V. ST. REGIS MOHAWK FINAL.DOC<BR></A><BR> The district court lacked jurisdiction because the action was not brought as an appeal of an agency decision pursuant to IGRA § 2714. We hold that the district court was without jurisdiction to entertain the action and we affirm the dismissal. The other half shall be paid into the Treasury for the use of the Indian or tribe by or for whom it was so paid. 3 Management Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0128p-06.pdf">OPINION/ORDER</A><BR> Pogue's case was filed in the United States District Court for the Middle District of Tennessee (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb1998/98a1799p.txt">OPINION/ORDER</A><BR> This appeal primarily presents an issue that divides sister Courts of Appeals and is of first impression in our court namely. Dismissed the remaining defamation action on the ground that the alleged defamatory statements were not sufficiently directed toward the plaintiff so that a jury could reasonably conclude that they referred to him. Our standard of reviewing the district court's grant of a motion to dismiss is plenary. Shall be applicable to the business of insurance to the extent that such business is not regulated by State law. Are to leave regulation and taxation of the insurance business to the states and to ensure that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052262p.pdf">OPINION/ORDER</A><BR> Throughout this opinion the plaintiff appellant will be referred to simply as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0422n-06.pdf">OPINION/ORDER</A><BR> Sitting by designation. 1 by the Union against Zurn/N.E.P.C.O. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july97/96-6866.opa.html">BRISENTINE V. STONE & WEBSTER ENG'G CORP.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Brisentine v. Holding that Brisentine's statutory claims were subject to compulsory arbitration pursuant to an arbitration clause in a collective bargaining agreement. None of which were met in this case.<p> <b>I. THE COLLECTIVE BARGAINING AGREEMENT<p> <p> The Project Maintenance and Modifications Agreement ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct98/97-9276.man.html">MATSUSHITA ELEC. CO. V. ZEIGLER (10/27/1998, NO. 97-9276)<BR></A><BR> Matsushita claims that the district court erred in holding that its right to sue a customs inspector for negligence in handling its property was abrogated by the Federal Employees Liability Reform and Tort Compensation Act of 1988. The machine was subsequently cleared for entry.</P> <P> When the machine arrived at its final destination. At whose facility the machine was inspected.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044546p.pdf">OPINION/ORDER</A><BR> At issue is whether the Comprehensive Environmental Response. We will overrule United States v. I. The material facts are undisputed. The DuPont Newport Superfund Site is an industrial site in Delaware. The site was identified in the early 1980s as a potential threat to human health. It was placed on CERCLA's National Priorities List. The total cost to the government was $1. The District Court held the government's recovery of both </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3453F6E52F9B6CDF88256FFE00819AE5/$file/0350315.pdf?openelement">OPINION/ORDER</A><BR> Because we find that Kwan's counsel was constitutionally ineffective in affirmatively misleading him as to the immigration consequences of his conviction. Are United States citizens. Kwan was indicted for two counts of bank fraud. KWAN there was technically a possibility of deportation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/02/03-7106.htm">03-7106 -- HOOVER V. WEST -- 02/19/2004<BR></A><BR> 1983 while he was incarcerated. Assaulted and battered Plaintiff while he was wearing full restraints during his cellmate's cell abstraction. Defendants have since conceded that the Warden's office made a mistake regarding this rationale. As no other previous grievance was filed regarding this incident. <p> Plaintiff then appealed the issue to the Administrative Review Authority (ARA). The Exhaustion Requirement of the Prison Litigation Reform Act</strong> <strong>(PLRA)</strong> <p> The general rule is that plaintiffs need not exhaust administrative remedies before filing a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTIwMTQtY3Jfb3BuLnBkZg==/06-2014-cr_opn.pdf">OPINION/ORDER</A><BR> McGriff contends that the death notice was not provided a reasonable time before the trial as required by the Federal Death Penalty Act. Was handed down in March 2006. If the government ultimately decides it will seek the death penalty. The notice must: (1) stat[e] that the government believes that the circumstances of the offense are such that. If the defendant is convicted. A sentence of death is justified under this chapter and that the government will seek the sentence of death. If the defendant is convicted. Stated that the date was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0334a-06.pdf">OPINION/ORDER</A><BR> This is a consolidated case. The Heiser Plaintiffs are individuals who live or have lived in or near Oak Ridge. Who allegedly have cancer or have an increased risk of acquiring cancer or other diseases. The Ball Plaintiffs are African Americans who live or have lived in a community known as Scarboro in Oak Ridge. Plaintiffs claim that they have been harmed through exposure to radioactive and other toxic substances over the period when nuclear weapons were manufactured in Oak Ridge. Defendants are private contractors of the United States government that operate or have operated nuclear weapons manufacturing and research facilitie