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OPINION/ORDER
Is amended as follows: On page 9. Replace
OPINION/ORDER
Ledbetter were on brief. Ltd. were on brief. Physical skills are a passport to college admissions and scholarships. Are invaluable in attaining career and life successes in and out of professional sports. The highway of opportunity runs in both directions. 1The individual defendants are. Each is sued in his official capacity. We discuss this appeal as if Brown was the sole defendant and appellant. Offering students the opportunity to partake of sports that are not financially self sustaining. Brown will never be confused with Notre Dame or the more muscular members of the Big Ten. Women are a relatively inconspicuous part of the storied athletic past. Respectively. 3 The absence of women's athletics at Brown was. Brown promptly upgraded Pembroke's rather primitive athletic offerings so that by 1977 there were fourteen women's varsity teams. Was in a financial bind. Many schools with varsity squads are reluctant to compete against club teams. 441 U.S. at 687 n.8 (holding that exhaustion of administrative remedies is not a prerequisite to a Title IX suit).
The NCAA is a voluntary unincorporated association of approximately 1. The NCAA aims to
OPINION/ORDER
Which made a notable ruling that defendant appellant Tennessee Secondary School Athletic Association (
OPINION/ORDER
The university is. Appellee Fred Goldsmith was head coach of the Duke football team and appellant Heather Sue Mercer was a student at the school. Mercer was an all state kicker at Yorktown Heights High School in Yorktown Heights. Mercer was the first and to date. The kick was subsequently shown on ESPN. Goldsmith told the news media that Mercer was on the Duke football team. Mercer was also officially listed by Duke as a member of the Duke football team on the team roster filed with the NCAA and was pictured in the Duke football yearbook. Mercer alleges that she was the subject of discriminatory treatment by Duke. Including asking her why she was interested in football. Goldsmith informed Mercer that he was dropping her from the team. Mercer alleges that Goldsmith's decision to exclude her from the team was on the basis of her sex because Goldsmith allowed other. Goldsmith asked her to leave because the drills were only for members of the team. After discovery was completed. A recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or 4 the activity involved is a contact sport.
OPINION/ORDER
A. The Parties Plaintiff Tai Kwan Cureton is an African American who graduated from Simon Gratz High School in Philadelphia in June 1996 ranking 27th in a class of 305 students. Cureton was a member of the track team and earned both academic and athletic honors as a high school student. The SAT is a nationally recognized standardized test. Have emphasized the SAT in this action so we discuss only that test. 5 Plaintiff Leatrice Shaw is an African American who also graduated from Simon Gratz High School and was ranked 5th in a class of 305 students. Shaw was a member of the track team and earned both academic and athletic honors and was selected for membership in the National Honor Society. She was unable to compete on the track team during her freshman year because of the NCAA regulations at issue here. Plaintiffs Andrea Gardner and Alexander Wesby are African American student athletes who exceeded the NCAA minimum GPA requirement for freshman year athletic participation. Though they originally were not parties.
OPINION/ORDER
Factual background At issue in this case is whether MHSAA's scheduling of athletic seasons and tournaments for six girls' sports basketball. All of these sports are scheduled during the nontraditional season (meaning a season of the year that differs from when the sport is typically played). Although Lower Peninsula girls' golf is played in the spring the traditional season for golf the fall season. Is more advantageous. No boys' sports are scheduled in nonadvantageous seasons. Girls have historically played in the less advantageous seasons because of the way that high school athletics developed in Michigan. That
OPINION/ORDER
A student athlete is eligible to participate in intercollegiate athletics for a total of four seasons within a five year period. The NCAA concludes that her Title IX claim is moot. Smith's Title IX claim is not moot although her period of eligibility has expired because she retains a claim for damages. 1889 (1984) (holding that a claim is not moot where there is a viable damages claim). States that
OPINION/ORDER
Is either a mascot or a symbol of the university. Southern Illinois (Salukis) have nicknames that would make any list of ones that are pretty cool. Small schools in this circuit are no slouches in the cool nickname department. One would have a hard time beating the Hustlin' Quakers of Earlham College (Richmond. Most schools have mundane nicknames. How can one feel unique when your school's nickname is Tigers (43 different colleges or universities). Are pretty generic and pretty boring. There are a few princes. The Judges (we are particularly partial to this one) of Brandeis University. Or the Vixens (will this nickname be changed if the school goes coed?) of Sweet Briar College in Virginia? As wonderful as all these are. One thing is fairly clear although most are not at all controversial. Some are. Even the Banana Slug was born out of controversy. For many 2 3 What in the world is a
OPINION/ORDER
With her on the brief was Richard M. Of counsel was Robert Torresen. With her on the brief were Peter D. Of counsel on the brief was Sheryl A. Bauer claims that its merchandise should have been classified as ice hockey equipment under subheading 9506.99.25. Which was duty free during the relevant import years. Hold that Bauer's ice hockey pants are most appropriately classified under subheading 9506.99.25. I. BACKGROUND The merchandise at issue consists of items known as
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
OPINION/ORDER
Only men's programs were considered for cuts. Plaintiffs argue that the elimination of the men's wrestling program was a clear example of sex discrimination. Continuing to fund the team would have discriminated against women. Plaintiffs counter that budgetary considerations were not a factor in the University's decision because a private donor had offered to fund the wrestling program. So the team would not have used resources that otherwise would have been available to female athletes. Which is designed to encourage. The University's goal of gender balance is illegitimate. United States District Court for the District of North Dakota. 2 2 and women have an equal interest in participating in University sports. An assumption which they contend is not borne out by the evidence. The percentage of the student body that was male with the percentage of athletes that was male and the resources made available to male athletes. Summary judgment was granted in favor of the University on August 22. Summary judgment is proper only when there is no genuine issue of material fact and.
OPINION/ORDER
At the time the lawsuit was filed. The court held that Plaintiffs had not alleged that Defendants adopted or adhered to the 25 percent rule because of rather than in spite of its disparate impact on females and that sheer disparate impact is insufficient to demonstrate an equal protection violation. While Plaintiffs' first appeal was pending in this Court. The Kentucky General Assembly amended the statute regulating discriminatory effect is a requirement of Title IX. Because Defendants are charged with knowledge of the law. It follows that remand is appropriate to determine whether Defendants were deliberately indifferent to Plaintiffs' Title IX rights. I would reverse the district court's dismissal of Plaintiffs' claims of monetary relief and remand for a determination of whether Defendants were deliberately indifferent to Plaintiffs' Title IX rights in accordance with Davis. I would also reserve judgment as to whether Plaintiffs were
OPINION/ORDER
SJI and the Burtons are referred to collectively as the
OPINION/ORDER
Esquire This case was argued before the panel of Judges Ambro. It is filed by a quorum of the panel. 28 U.S.C. § 46(d). Atkinson was hired in December of 1989. [Lafayette College] is pleased to appoint you to the position of Director of Athletics and Professor and Head. It is further understood that your initial appointment will be through June 30. Tenure as described in the following paragraphs is defined as continuity of service. Professors shall have tenure except on an initial appointment to the Lafayette College Faculty. For those not on tenure a decision must be reached by September 1 of the last probationary year as to whether or not tenure will be granted. Will tenure be granted by default. It is the responsibility of the individual concerned to notify his Department Head of a failure to receive written notification with regard to his continued employment. Atkinson claims that she was subjected to gender discrimination by her supervisor. That she was subjected to unlawful retaliation. President Rothkopf expressed his belief that the Lafayette College Athletic Department would benefit from new leadership.2 Believing that she was a tenured member of the faculty.
Arguing that (1) the district court lacked jurisdiction to issue a declaratory judgment and (2) Cardtoons does not have a First Amendment right to market its trading cards. Have caricatures of active major league baseball players on the front and humorous commentary about their careers on the back. The balance of the set is comprised of 20
OPINION/ORDER
The primary issue we must decide is whether the NCAA can be considered a recipient of federal funds. Smith initially attempted to amend her complaint to argue that the NCAA is subject to Title IX because it receives dues from its members universities. Which are recipients of federal funds. Those two theories are now before us in this appeal. I. BACKGROUND The NCAA is an unincorporated association comprised of public and private colleges and universities. It is responsible for promulgating rules governing all aspects of intercollegiate athletics. Among them is the Postbaccalaureate Bylaw. Smith was an undergraduate at St. She enrolled in a post graduate program at Hofstra University that was not offered at St. The District Court dismissed the Sherman Act claim and declined 3 the ground that it failed to allege that the NCAA is a recipient of federal financial assistance. Holding that it was moot. We held that her allegation that the NCAA receives dues from federally funded member institutions was sufficient to bring the NCAA
OPINION/ORDER
Throughout this opinion the plaintiff appellant will be referred to simply as
OPINION/ORDER
I. OSSAA is Oklahoma's state organized school activities association. Christian Heritage is a private religious school in Del City. Since it is not an OSSAA member. Twelve of its members are nonpublic schools (ten of which are private schools and two are Indian schools). Eight are located in suburban areas. While two are in rural areas. Any secondary school desiring to become a member of the Association is to file with the Executive Secretary a resolution. OSSAA members are provided with. Are subject to. The ballot simply describes the geographic area where students are immediately eligible for athletics in the nonpublic applicant school by reason of residence.(1) (1) Whenever a nonpublic school applies for membership. A student may attend a school district in which a student is not a resident. If a student transfers to a school district in which he is not a resident. Unless the transfer is due to a bona fide change of residence by his parents. At 72. OSSAA's Rule 8 lists the geographic areas for nonpublic schools that are admitted.
OPINION/ORDER
Plaintiffs brought suit in federal court after they were dismissed from their high school football team. Defendants argue that Plaintiffs' dismissal was permissible under the rule governing student speech set forth in Tinker v. Dillon Spurlock (hereinafter
OPINION/ORDER
The coordinator of the University's athletic facilities was little more than a maintenance person. Although Musso's contract was to expire August 31. Musso was entitled to a performance review in 1990 to assess whether her contract should be renewed. As well as from Because the majority of comment was unfavorable. Contending her nonreappointment was because of her sex. About Department. the time Musso learned her days at the University were numbered. Who were at first unaware of Musso's lawsuit. Barbatsis involved Musso and her attorney in When Musso's account of her uncovered information that Musso was working twenty hour weeks and taking unauthorized vacation days. his lengthy review of the auditors' findings. The district court found that neither the restructuring of the Sports Facilities Department nor the nonrenewal of Musso's contract was the result of sex based discrimination. Would have withstood the other four directors' power play. agree with the district court that the review committee's recommendation.
OPINION/ORDER
These are two actions against the University of Minnesota. This case was originally scheduled for oral argument in October 1999 but was deferred pending our en banc decision in Jim C. v. Though Congress was silent on the question of private remedies. The Court held that a school district is not liable for a teacher's sexual harassment unless it had actual notice of. Was deliberately indifferent to. We cannot attribute to Congress the intention to have an implied enforcement scheme that allows imposition of greater liability without comparable conditions. Before these lawsuits were filed. The Office for Civil Rights of the United States Department of 3 Education (
OPINION/ORDER
The trademark examiner ruled that the mark was registrable. This statute is not a pleaded ground in the opposition and it has not been so considered.
OPINION/ORDER
Individually and on behalf of a plaintiff class consisting of all secondary public school students who have started the seventh grade in the Little Rock School District as of the 1999 2000 school year. Suspicionless searches of their persons and belongings by school officials is unconstitutional. Jane Doe is a secondary school student in the LRSD. Doe's classroom were ordered to leave the room after removing everything from their pockets and placing all of their belongings. While the students were in the hall outside their classroom. The parties have stipulated that LRSD has a practice of regularly conducting searches of randomly selected classrooms in this manner. Individually and on behalf of a class of
OPINION/ORDER
JUDGMENT This cause was considered on the record from the United States District Court for the District of Columbia. Was briefed and argued by counsel. It is ORDERED AND ADJUDGED that the judgment of the District Court be affirmed in part and reversed and remanded in part. Five of the seven appellants in this case were claimants in NWCA. See 366 F.3d at 937 (
OPINION/ORDER
As it is reproduced in the joint appendix. Is numbered for the appendix (beginning with page number 19) and also carries numbers (apparently 22 1 submit to the test when randomly selected. Will result in the student's being barred from participating
OPINION/ORDER
This is diversity case involving a dispute about money between APS Sports Collectibles. The focus of their controversy is a loan default and a transfer of assets from a now bankrupt corporation. AW Sports 2 No. 00 2260 was purchased by Sports Time in a stock for stock exchange. After various items of its inventory and equipment were transferred to Sports Time. Is an Illinois corporation in the business of distributing magazines and sports collectibles. Is a Nevada corporation. Which was formed to sell and distribute similar sports collectibles. Another entity that is at the center of this lawsuit is the now defunct company. Which is a California corporation formerly in the business of manufacturing trading cards. The company was undercapitalized and needed cash to manufacture its merchandise. As we have indicated. Shipments of the finished product that were received and sold by APS were then credited against the outstanding loan. 600 shares of AW Sports were outstanding. Physical possession of the stock certificates was never gained by APS nor were the certificates placed in escrow.
OPINION/ORDER
P.A. were on brief. With whom Hamilton Law Offices was on brief. Stacey Perkins is a ten year old female with an affinity for the sport of basketball. Stacey was one of two girls selected to play on the SRL's twelve member All Star team. LBC and the Town's Recreation Commission have a modest interlock two members of LBC's five member board of directors happen to serve as members of the Recreation Commission and Commission members often assist as volunteers at the tournament by keeping score. Gym time is allocated by Psaledas. Uncontroverted evidence makes clear that the Town's goal in adopting these requirements was to bring competing groups together and thus lessen the burden on municipal facilities. Each group that aspires to gym use is required to submit a request for dates to the Town's School District. There are other points of contact between LBC and the Town: LBC holds meetings in school buildings. The most salient contact point is financial: LBC from time to time contributes money to the Town's schools for scholarships.
OPINION/ORDER
The NCAA is a voluntary organization of over 1200 colleges and universities that promulgates rules and regulations designed to. Of concern in this case is a portion of the NCAA Division I men's basketball regulations. Specifically because of a restriction on the type and number of games individual schools are permitted to play. Men's Division I basketball is divided into conferences. There are various tournaments in which a school's team may participate. Some of which are
OPINION/ORDER
Plaintiffs direct us to no fewer than thirty rulings they argue were mistaken and require reversal. 1021 04.(2) Most pertinent among the district court's rulings for our purposes is the disposition of Ms. Underlying them all is the fact that. Frank explained that there were rumors circulating about Ms. Williams refused to resign and asked for a written explanation why she was being fired. Frank allegedly responded that she did not
Contending that it was not bound by the judgment entered against its insured and that the injured party's claim was not a covered risk. At oral argument counsel for the insurance company stated that his primary request was that we reverse the judgment and remand the case to the district court and order it. To determine whether the damage award in the underlying proceeding was
OPINION/ORDER
When Ryther was terminated. He was fifty three years old. Ryther was approximately fifty years of age. Shaver was named executive producer of Shaver o'clock time slot. sports. A position to which Ryther was entitled under his contract. assumed many of Ryther's organizational and planning duties. Shortly after Ryther discovered he was being excluded from promotional photos. Ryther left KARE 2 The decision not to renew Ryther's contract was made by Rios Brook. When Rios Brook was asked at trial what market research she
OPINION/ORDER
Who at the time was fifty five years old. As a sports promotion coordinator within the company's Sports Marketing Group (
OPINION/ORDER
Circuit Judge: In the Spring of 2003 Mike Price was head coach of the University of Alabama's Crimson Tide football team. The head coach at a major university is a powerful figure. Who are in highest places. Have the most power . . . have the least liberty. Because they are most observed.
One of his claims asserted that he was deprived of property without due process of law in his termination as head football coach at Highland High School (
The word pendent is misspelled as pendant. Larsen's name was misspelled as
OPINION/ORDER
The government appeals this sentencing decision and we will affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Sentencing is essentially a fact driven analysis. Our review of sentences imposed by a district court is likewise driven by the particular factual background of each case. Cooper is the former CEO and CFO of Biocontrol Technology. His total unpaid tax liability for 1994 through 1997 was approximately $487. From the bench the District Court explained its reasons for departure as follows: I think his community and charitable activities have been truly exceptional. The reason for the imposition of this sentence is as follows. Is the provision amending 18 U.S.C. § 3742(e). If a departure is warranted. Then the extent of the departure granted by the district court is still reviewed under the pre PROTECT 8 Act abuse of discretion standard. 264 (3d Cir. 2004) (
OPINION/ORDER
Are hereby VACATED and the foregoing majority and dissenting opinions are to be filed in its place. It is so ordered. /s/ Richard L. We will affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Sentencing is essentially a fact driven analysis. Our review of sentences imposed by a district court is likewise driven by the particular factual background of each case. Cooper is the former CEO and CFO of Biocontrol Technology. His total unpaid tax liability for 1994 through 1997 was approximately $487. From the bench the District Court explained its reasons for departure as follows: I think his community and charitable activities have been truly exceptional. The reason for the imposition of this sentence is as follows. Is the provision amending 18 U.S.C. § 3742(e). If a departure is warranted. Then the extent of the departure granted by the district court is still reviewed under the pre PROTECT Act abuse of discretion standard. 264 (3d Cir. 2004) (
OPINION/ORDER
Pottgen crossBecause Pottgen is not a prevailing party. MSHSAA refused to allow him to participate because its By Law 232 essentially provides that students nineteen years of age or older are ineligible to participate in interscholastic sports. that time. He was too old to play baseball under MSHSAA's By Law 232. The district court granted Pottgen a temporary restraining order (TRO) permitting him to play for his Pottgen was nineteen years old at 2 high school baseball team. injunction could be held. By the time MSHSAA appealed the district court's decision. already ended. the case was heard on appeal. Although
OPINION/ORDER
A portion of the profits were distributed to investors as dividends or
OPINION/ORDER
This is a discretionary decision. It turns on whether the Court believes that the case is. We emphasize that the term
SCCA is a nonprofit organization that organizes and sanctions amateur sports car racing events for twenty three classes of sports cars. The
OPINION/ORDER
Firearms and Explosives that its federal firearms dealer license was being revoked due to violations of federal regulations. The license revocation hearing was converted to a license renewal hearing by the ATF. 2 1 application for renewal and affirmed its decision. Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
OPINION/ORDER
Have brought this RICO class action on behalf of all individuals who played NHL professional hockey during the time in which defendant R. Count II of the complaint alleges that Eagleson and certain companies with which he was affiliated conspired to pilfer NHLPA funds over the course of many years. The principal issue on this appeal is whether the district court correctly granted Eagleson and the NHL defendants summary judgment on Count I on statute of limitations grounds. Thus is not at issue on appeal. We nevertheless have jurisdiction under 28 U.S.C. Alan Eagleson was executive director of the NHLPA. Which would otherwise have been prohibited by the players' contracts. The participation of the best NHL players was essential to the success of the tournaments. Hockey Canada was to be paid the first $600. All other net revenues were to be split equally between the NHL clubs and the NHLPA. The NHL players earned little additional pay for playing in the tournaments and were induced to participate on the understanding that they would be benefitting their pension fund.
OPINION/ORDER
Have filed a separate opinion. When Ryther was terminated. He was fifty three Ryther sued KARE 11 and its parent. Ryther Ryther's responsibilities was approximately fifty years of age. president. began changing that year. Ryther was entitled under his contract. Shaver was named executive producer of sports. Shortly after Ryther discovered he was being excluded from promotional photos. The decision not to renew Ryther's contract was made by Rios Brook. When Rios Brook was asked at trial what market research she relied on in making the decision about Ryther. She responded that it was the
OPINION/ORDER
Inc. in her claim for injuries she sustained when she was struck by a vehicle while reclining on a beach chair on the public beach next to the Aruba Grand Beach Resort and Casino. Lienhart was vacationing at the Aruba Grand at the time of her injury. The resort is located next to the public beach. Lienhart and a friend were spending the day relaxing. The chairs were located in the row closest to the ocean. Lienhart was asleep in a lounge chair when. She was struck by a pickup truck and boat trailer operated by an employee of Unique Sports of Aruba. The boat and trailer were backing up along the beach. *Honorable John R. Unique Sports loads them on trailers that are pulled by pick up trucks and driven back and forth from the dock to its storage facility at the Aruba Grand. No barricades or other devices separate the tiki huts from the rest of the beach where there is traffic. Inc. and another corporate defendant that was later dismissed. Both of which are Florida corporations. Only Caribbean remained by the time dispositive motions were filed in the district court.
OPINION/ORDER
He was induced to embark on such a course of action by the
The Gothic lettering is horizontally oriented in one line and only the
OPINION/ORDER
Because we conclude that they did not have probable cause. Bensalem Township Police Officer Teresa Nelson was assigned to a radio patrol car on the evening shift. The final report which was received at approximately 10:43 p.m. did not specify either the time or location of the Bristol robbery. Bristol is north of. The alleged perpetrators of these robberies were described as
OPINION/ORDER
Chief District Judge: In this case we are asked to determine whether JKC Holding Company LLC [
OPINION/ORDER
Was pregnant. Have now sued Seip under 42 U.S.C.S 1983. A. Seventeen year old Leah Gruenke was an eleventh grader at Emmaus High School and a member of the varsity swim team. Began to suspect that Leah was pregnant. Seip observed that Leah was often nauseated. Leah's body was
OPINION/ORDER
With him on the briefs was E. Green was on the brief for amici curiae American Medical Association et al. in support of appellant. With her on the brief were Jeffrey S. Circuit Judge: The issue in this case is standing to challenge a regulatory safe harbor where the direct cause of injury is the independent action of a third party. The same issue was before this court in National Wrestling Coaches Ass'n v. Though the factual context there was very different.
OPINION/ORDER
The district court should have entered a preliminary injunction because he satisfied the test governing preliminary injunctions with regard to his claims that the challenged portion of Jouett's 2002 2003 dress code is both unconstitutionally overbroad and vague. I A Students at Jouett and their parents are provided each year with a student/parent handbook that is updated every summer. Who at the time was a twelve year old student in the sixth grade at Jouett. Sitting at a table on the opposite side of the cafeteria with his back towards her.1 Pitt's attention was drawn to Newsom by his purple t shirt. Over 500 students were enrolled in the sixth. She had the immediate impression that the figures were
OPINION/ORDER
Circuit Judge: This is a putative class action by African American student athletes challenging the minimum standar dized test score requirement for fr eshman year varsity intercollegiate athletic participation. For the r easons that follow we will affirm the judgment of the District Court. I. FACTS The National Collegiate Athletic Association (NCAA) is an unincorporated voluntary association of more that one thousand members. A majority of which are public and private four year colleges and universities that conduct varsity intercollegiate athletic programs. The NCAA member colleges are divided into Divisions. Plaintiffs are African American student athletes who exceeded the NCAA minimum GPA requir ement for freshman year athletic participation but failed to achieve the minimum required score on the SA T as required by Proposition 16. Were denied admission to Division I schools. Were denied athletic scholarships. And/or were denied recruiting opportunities by Division I schools. Division I is comprised generally of the lar ger universities and colleges with the greater availability of athletic scholarship monies. 3 disparate impact claim had a less
OPINION/ORDER
Circuit Judge: The central question in this Americans with Disabilities Act (ADA) suit is whether the two private entities that stage the 9208 DISABLED RIGHTS v. So are responsible for assuring compliance with the ADA's public accommodation physical accessibility requirements. Also at issue is whether the suit can proceed without the participation of the University and Community College System of Nevada (University System). We further conclude that University System is not a necessary party under Rule 19. Factual History BACKGROUND Disabled Rights Action Committee (Disabled Rights) is a non profit organization that advocates for the rights of people with disabilities. The Rodeo is an annual competition sponsored by the Professional Rodeo Cowboys Association (Cowboys) and presented by Las Vegas Events (Events). The License Agreement that is currently in effect was not part of the district court record. These licensing agreements are documents of the University System. 689 (9th Cir. 2001) (explaining that a court may judicially notice matters of public record unless the matter is a fact subject to reasonable dispute).
OPINION/ORDER
The court determined that Nissan Motor's dilution suit was not barred by laches. That Nissan Computer's first commercial use of
OPINION/ORDER
Two of these boys—now adults—were located. Riccardi was tried before a jury and convicted on January 23. Riccardi was sentenced to a total term of 262 months. He contends that he was not sentenced in accordance with the law. Which he contends violated the Fourth Amendment for two independent reasons: (1) there was no probable cause to justify the search and seizure of the hard drive. Riccardi argues that the district court should have dismissed Count Two because it involved intrastate non economic activity and therefore is not subject to Congress' legislative authority under the Commerce Clause. Riccardi argues that there was insufficient evidence to sustain his conviction on Count One because there was not enough evidence to show that the individuals depicted in the images were under 18 years of age. He contends that Counts Three and Five are invalid because the prosecution put on no evidence to show that Mr. Riccardi moved to supplement his brief with an argument that the sentencing procedure was constitutionally defective under Blakely v.
OPINION/ORDER
Berthelsen were on brief for appellants.
OPINION/ORDER
Berthelsen were on brief for appellants.
OPINION/ORDER
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
OPINION/ORDER
The Twins and Midwest Sports Channel (
OPINION/ORDER
Circuit Judge: Famed motorcycle stuntman Evel Knievel and his wife Krystal were photographed when they attended ESPN's Action Sports and Music Awards in 2001. Who was wearing a motorcycle jacket and rosetinted sunglasses. Contending that the photograph and caption were defamatory because they accused Evel of soliciting prostitution and KNIEVEL v. ESPN 31 implied that Krystal was a prostitute. The court granted ESPN's motion on the ground that the photograph and its caption were not defamatory as a matter of law. We have jurisdiction pursuant to 28 U.S.C. § 1291. At least seven books and four motion pictures have been dedicated to his life. Well known musicians Ben Harper and James Hatfield were there. As were popular rappers Busta Rhymes and LL Cool J. Who is commonly thought of as the
OPINION/ORDER
With him on the brief was Yael Karabelnik. Of counsel was Louis Brucculeri. BACKGROUND Iron Grip is a manufacturer of weight plates used with fitness equipment such as barbells and is the assignee of the '015 patent. The other claims in the '015 patent at issue here depend from claim 1 and are not different for present purposes. A key problem with traditional single hole weight plates was that they were difficult to grasp and transport. Inc. (
OPINION/ORDER
The defendants were charged with Racketeer Influenced and Corrupt Organization (RICO) conspiracy and a RICO substantive count. Thefts of goods in interstate commerce were among the thirty six racketeering acts and thirty six counts charged. All of the seven defendants were convicted of at least some of the charged offenses. Alleging anything to do with murder or violent crimes in aid of racketeering and many of the numerous extortion racketeering acts and counts were found by the jury to be wanting and resulted in findings of
OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. Agora and Burns & Wil2 cox were also named as intervenor defendants by the Estates. Pursuant to a judgment the Estates obtained against Beach Bungee for which no defense was provided by the defendant insurance companies. Agora and Burns & Wilcox argue that Beach Bungee was not covered by any policy that they issued. Even if Beach Bungee was covered. I. The pertinent facts for this appeal are largely undisputed. Sports & Entertainment was a retail insurance agency located in New Orleans and operated by Charles and Gray Morton (
OPINION/ORDER
He was hired as the Razorbacks' head The Honorable William R. The district court dismissed the Foundation and it is not a party on appeal. 22 1 men's basketball coach in 1985. The record is replete. Richardson was asked what he and Kentucky coach Tubby Smith discussed on the floor prior to tip off. Is that. We ain't going to have to worry about all that.
The product at issue is a vest used in water sports. The vest was imported. Was apparently knocked unconscious upon impact. The record is not clear on how long Mr. Brought this action under a strict liability theory alleging that the life vest was unreasonably dangerous. Ruling that the vest was not unreasonably dangerous and that. Wheeler assumed the risks associated with using that type of vest.
Our review of the district court's grant of summary judgment is de novo. Summary judgment is appropriate when a review of the record shows
This document was created from RTF source by rtftohtml version 2.7.5 > New v. In determining that Counts I and II arose under the Alabama workers' compensation laws and thus were more appropriately heard in state court. New asserts that <i>Thermtron</i> is therefore not applicable to these facts. We address whether 28 U.S.C.
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When the ink is dry. The game is over. Is to ensure that the parties live up to their agreements. This appeal is a continuation of that litigation. The jury instructions were proper and Bowlen was not judicially estopped from arguing that he did not violate the warranty. The jury's verdict that the defendants breached the right of first refusal is contrary to governing Colorado law. Which is all that Elway was offered. The franchise was less successful: Kaiser reported losses of nearly $1 million. As if that were not enough. Agreed to lend Kaiser $10 million in a transaction that was (1) Another entity Kaiser wholly owned. Sports. <hr> Just before the deal was to be finalized. The final version of the Agreement permits Bowlen to transfer the Majority Interest to a subsidiary.(3) Three other clauses in the Agreement are material to this lawsuit. Elsewhere in the contract was a standard investment representation that stated that Bowlen
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may97/96-6615.man.html">NEW V. SPORTS & RECREATION, INC.<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>New v. In determining that Counts I and II arose under the Alabama workers' compensation laws and thus were more appropriately heard in state court. New asserts that <i>Thermtron</i> is therefore not applicable to these facts. We address whether 28 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-1031.01A">OPINION/ORDER</A><BR>
Is amended as follows: The caption on the coversheet should read:
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/99-1173.htm">99-1173 -- OUT OF LINE SPORTS INC. V. ROLLERBLADE INC. -- 05/17/2000<BR></A><BR>
Will. We conclude that OLS's claims are moot and grant Breit Bosch's motion to dismiss the appeal. <p align=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/12/02-1022.htm">02-1022 -- ASPEN ORTHOPAEDICS AND SPORTS MEDICINE V. ASPEN VALLEY HOSPITAL DISTRICT -- 12/22/2003<BR></A><BR>
Do we have subject matter jurisdiction to hear interlocutory appeals from the denial of immunity from suit when state law creates the immunity? Which is a governmental entity of the State of Colorado. Which is privately owned by Orthopedic Associates and Aspen Emergency Medicine. Was the sole provider of orthopedic services in Aspen prior to the Plaintiffs' arrival. Count XIII alleges that the Hospital was negligent in not enforcing its patient referral policy. Count XVI alleges the Hospital was negligent in subjecting Doctors Brazina and Nadler to an overly burdensome credentialing process. Which was referred to a magistrate judge. It was immune from suit pursuant to the Colorado Governmental Immunity Act (
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1999/975693.txt">OPINION/ORDER</A><BR>
Circuit Judge: The Blockbuster Sony Music Entertainment Centre (
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-1171.html">PRO-MOLD V. GREAT LAKES<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-41497.0.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. AOSM is a medical practice group specializing in orthopedic care and was founded by partners and sports medicine specialists. This counteroffer was accepted. Telling her she was being too sensitive. He did regret
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/78E924CD7AD2050C882571FF0055D868/$file/0515969.pdf?openelement">OPINION/ORDER</A><BR>
Senior Circuit Judge: This is an appeal from a decision of the Bankruptcy Appellate Panel for the Ninth Circuit in favor of debtors. The only issue on appeal is whether the claim against the bankrupt corporation by Michael Racusin. The bankruptcy court found that the claim was a debt not subject to subordination. Said company will be paid a commission based on 5% of the purchase price. A subsequent agreement was entered into on November 11. While the initial public offering was pending. Leroy's brought suit against Racusin seeking a determination that the contract was unenforceable. Racusin appealed on the ground he was entitled to a jury trial. Holding that Racusin was entitled to a jury trial. Contending it was error for the district court to award specific performance when he requested only money damages. The calculation was to be based on when Racusin could have legally begun selling his shares. As well as how many shares he likely would have been able to sell at what times. Racusin was awarded damages of $2.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2697.01A">OPINION/ORDER</A><BR>
Were on brief. <SPAN STYLE=
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Was on brief. With whom MaryEllen Kelleher was on brief. It is common wisdom that the SELYA. Circuit Judge. past is prologue. All past crimes are not regarded as equal. The guideline is fueled only by previous felony convictions for crimes of violence and controlled substance offenses. It is undisputed that. All references herein are to that edition. 2 employed the career offender guideline. A significantly greater sentence would have been mandated. (2) that offense is a felony which can itself be characterized as either a crime of violence or controlled substance offense. That offense is a controlled substance offense. He labors under the burden of a prior conviction for extortion a crime that is considered a crime of violence. The nub of the case is the defendant's insistence that his prior criminal history does not include a second predicate 3 offense. Notwithstanding the government's claim that strong arm tactics were standard fare in the racketeering and racketeering related activities over which Winter presided.
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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. AOSM is a medical practice group specializing in orthopedic care and was founded by partners and sports medicine specialists. This counteroffer was accepted. Telling her she was being too sensitive. He did regret
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With whom Klibaner & Sabino was on brief for appellant. Was on brief for appellee. Is itself a
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On the brief were Paul F. With him on the brief were Peter D. Of counsel on the brief was Michael W. BACKGROUND The subject merchandise is a
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-1217.html">FANTASY SPORTS PROPERTIES, INC V. SPORTSLINE<BR></A><BR>
Argued for plaintiff appellant.<span style=
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/17309CB67017CAB5882573070083C240/$file/0515969.pdf?openelement">OPINION/ORDER</A><BR>
ORDER The petition for panel rehearing is granted. The petition for rehearing en banc is denied as moot. 2006 and reported at 465 F.3d 1048 (9th Cir. 2006) is withdrawn. Is replaced by the concurrently filed new opinion. Senior Circuit Judge: This is an appeal from a decision of the Bankruptcy Appellate Panel for the Ninth Circuit in favor of debtors. The only issue on appeal is whether the claim against the bankrupt corporation by Michael Racusin. The bankruptcy court found that the claim was a debt not subject to subordination. Said company will be paid a commission based on 5% of the purchase price. A subsequent agreement was entered into on November 11. While the initial public offering was pending. Leroy's brought suit against Racusin seeking a determination that the contract was unenforceable. Racusin appealed on the ground he was entitled to a jury trial. Holding that Racusin was entitled to a jury trial. Contending it was error for the district court to award specific performance when he requested only money damages.
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QUALITY MANUFACTURING Unpublished opinions are not binding precedent in this circuit. Assembling shirts for Sara Lee was Quality's only line of business.1 In January 1998. Which caused it to have shortfalls in its production output. Quality was producing approximately 75% of Sara Lee's sports shirts. It began to have concerns at this point about its relationship with Quality. This agreement was similar in most respects to the parties' prior agreements. The production schedule was subject to review and revision each month at Sara Lee's sole discretion. This agreement further provided that Sara Lee was under no obligation to use Quality on an exclusive basis or to purchase a minimum number of products from Quality. The agreement's scheduled termination date was December 31. The following day Quality wrote Sara Lee a letter stating that it was Quality's goal to build sports shirt production to 10. Quality was rarely able to produce more than approximately 8. Show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
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<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=
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Unpublished opinions are not binding precedent in this circuit. The Sports Authority argued that it was not vicariously liable for the supervisor's offending conduct because of the affirmative defense stated in Burlington Indus. Summary judgment is appropriate only
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-2099.01A">OPINION/ORDER</A><BR>
Cuza with whom Vicente & Cuebas was on brief for appellant. Palou & Miranda was on brief for appellees. Because we agree with the district court's finding that plaintiff's 42 U.S.C 1983 action is time barred. FACTUAL BACKGROUND AND PRIOR PROCEEDINGS FACTUAL BACKGROUND AND PRIOR PROCEEDINGS The following facts are uncontested. Plaintiff was hired to work at the Sports Complex at the state run University of Puerto Rico.
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<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.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/10/012292P.pdf">OPINION/ORDER</A><BR>
We decline to hold that monetary sanctions should have been imposed as well. Mohr was formerly a special agent with the FBI for nearly 30 years. The attorneys requested that Mohr visit the Elliott showroom to determine what products Elliott's salespersons were promoting and what equipment was on display in the showroom in order to ascertain which brand of snowmobile was selling best. He was also provided the name of
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/09/01-6049.htm">01-6049 -- SALLY BEAUTY CO. INC. V. BEAUTYCO INC. -- 09/03/2002<BR></A><BR>
Plaintiff Marianna is a
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2083_039.pdf">OPINION/ORDER</A><BR>
The Pine Tar Incident It's undisputed: George Brett was a great baseball player. Was richly deserved. Many who love baseball will always think of the
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/98opinions/98-1448.html">OHIO CELLULAR PRODUCTS CORP. V. ADAMS USA INC.<BR></A><BR>
With him on the brief were Jack A. Of counsel was David W. The plaintiff in this infringement suit which was dismissed after the asserted patents were held invalid. Nelson is the president and sole stockholder of Ohio Cellular. His motion was denied on May 18. This appeal was timely filed. It was submitted for our decision following oral argument on February 3. Because we conclude that under the particular circumstances of this case the district court did not abuse its discretion in adding Nelson as a third party defendant and amending the judgment quantifying the fee award to obligate Nelson individually after post trial proceedings were concluded. The asserted patents were found invalid for anticipation under 35 U.S.C. 102(b) (1994). The infringement complaint was therefore dismissed. Cir. 1996) (table). <p> After the judgment of invalidity was affirmed. Ohio Cellular's motion for reconsideration was denied on September 25. After an evidentiary hearing was held. Had withheld material prior art from the United States Patent and Trademark Office with the intent to deceive.3 The judgment that Ohio Cellular committed inequitable conduct is not here disputed.<p> After judgment on liability for fees was entered.
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They also assert that a related county ordinance is overbroad and. A business where nude and semi nude dancing is presented for entertainment and beer is sold. Sports Club is located in a rural portion of Decatur County. Plaintiffs Jenifer Cosimano and Sherill Douglas are dancers employed by Sports Club. As are Plaintiffs Jane Doe I and II. The Commission passed an ordinance (the
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Brown and Barak Cohen were on the brief for amicus curiae the National Association of Criminal Defense Lawyers in support of appellant. With her on the brief were Kenneth L. Attorney at the time the brief was filed. J. Gerald Hebert was on the brief for amicus curiae Campaign Legal Center in support of appellee. 2 Before: GINSBURG. The cash was apparently a reward for Valdes's searching several police databases to supply otherwise publicly available information to the informant. Valdes was convicted under 18 U.S.C. § 201(c)(1)(B) of three counts of receiving an illegal gratuity
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/98opinions/98-1511.html">AVENUES IN LEATHER V. USA<BR></A><BR>
With her on the brief were David M. Because we agree with the Court of International Trade that the goods were properly classified. We affirm.<p> <p> I<p> The imported goods at issue are four types of leather
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The third of which is the subject of this controversy. So far as professional football was concerned. That was it for 12 years. Although suggestions for team names came pouring in (one was the Cincinnati Buckeyes). The modern day Bengals have played in three different home stadiums. It is Hamilton County that claims it was the real loser because it signed a lease with the Bengals for the stadium that it now calls
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GANNETT SATELLITE INFORMATION NETWORK Unpublished opinions are not binding precedent in this circuit. Her long term goal was to cover the Olympics on a regular basis. The following year she was assigned to cover on a regular basis two of the more popular Olympic sports. Stephen Woodward was hired along with Becker as a news assistant in 1982. Was to cover the Olympics on a regular basis. Woodward was assigned the Olympic beat in 1986. While Becker was assigned to cover only figure skating and gymnastics. When Woodward and Becker were hired in 1982. Woodward was paid $1. Shortly after she was hired. Alleging that the pay disparity was based solely upon sex discrimination. She thereafter complained every year as part of her annual job evaluation that she was not receiving fair pay. Becker's Olympic gymnastics beat was reassigned to a different reporter. Shortly after she was promoted. Alleging that she was unfairly paid compared to male colleagues on account of sex. Becker claimed not only that she was unfairly paid relative to Woodward.
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Many millions of dollars were spent in order to accomplish the relocation. Louis Convention and Visitors Center (CVC) sued the National Football League and twenty four of its member teams (collectively the NFL) alleging that these expenditures were made necessary by actions of the NFL in violation of antitrust and tort law. The case was tried before a jury for over four weeks before it ended in a judgment in favor of the NFL. The initial goal was to obtain one of the two NFL expansion franchises to be established in 1993. The football stadium was called the Trans World Dome. Its $258 million cost was paid from state and local government funds. The stadium lease was assigned to CVC which became its manager and initially subleased the right to present football in the dome to private parties. The new franchises were awarded to Jacksonville. As a result a written agreement was eventually signed by CVC and the Rams. The proposal for the Rams to move 3 was initially voted down by the owners. It was later approved after the Rams agreed to pay the NFL a $29 million relocation fee.
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The Board found that the assignment editors and producers who work at the station are entitled to the protection of the National Labor Relations Act because they are
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-1125.html">TOTES V. U.S.<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/01/00-2119.htm">00-2119 -- PATON V. NEW MEXICO HIGHLANDS UNIVERSITY -- 01/09/2002<BR></A><BR>
Before the matter was submitted to the jury. Concluding that trial testimony had demonstrated that no named plaintiff was a member of the class on the date the motion for class certification was filed. Both motions were denied and Plaintiffs brought this appeal. At the time the complaint was filed. Four of the named plaintiffs were female student athletes at defendant New Mexico Highlands University (the
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With him on the brief were Brian F. With him on the brief were Robert A. The permanent injunction was issued following the grant of Cross Medical's motions for partial summary judgment of validity and infringement. That we have jurisdiction over this appeal. We also reverse the grant of Cross Medical's motion for partial summary judgment that claim 5 is not obvious but affirm the grant of that motion as to indefiniteness and anticipation. A common problem with spinal fixation is determining how to secure the fixation device to the spine without damaging the spinal cord. Methods of fixation have developed which utilize wires that extend through the spinal canal and hold a rod against the lamina. 1 or that utilize pedicular screws which extend into the pedicle2 The
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Richard Bondi argue that Scheidler II invalidates all of the Hobbs Act counts in this case that were premised on the extortion of intangible property rights. Which can be satisfied regardless of whether the property right at issue is tangible or intangible. We remand Peter Gotti's case for consideration of resentencing pursuant to This decision is frequently abbreviated as
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTI3NDYtY3Jfb3BuLnBkZg==/04-2746-cr_opn.pdf">OPINION/ORDER</A><BR>
1 in which the Supreme Court tightened the requirements for finding that a defendant has 1 This decision is frequently abbreviated as
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/02/02-4185.htm">02-4185 -- ALWINE V. U.S. -- 02/27/2004<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Plaintiff Heather L. (4) whether the jury should have been permitted to consider evidence from non decision makers about the Buzz's reasons for not hiring her. They also assert that she was not even interviewing for a job during her alleged second interview with Mr. We will summarize the evidence presented at trial. <p> <em>
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/01/01-4017.htm">01-4017 -- ASHLEY CREEK PHOSPHATE COMPANY V. CHEVRON USA, INC. -- 01/02/2003<BR></A><BR>
The tariffs announced by Chevron and SF for the use of the pipeline were reasonable. Because Utah conceded that its claims were
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With her on the brief were Kenneth L. Attorney at the time the brief was filed. Senior Circuit Judge Edwards was in regular service at the time of oral argument. * 2 Opinion for the Court filed by Senior Circuit Judge WILLIAMS. The information was. Valdes was convicted under 18 U.S.C. § 201(c)(1)(B) of three counts of receipt of illegal gratuities
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-1634.html">CREO PRODUCTS, INC V. PRESSTEK<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/00opinions/00-1324.html">MICHAEL L. MCGINLEY V. FRANKLIN SPORTS, INC.,<BR></A><BR>
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Circuit Judge: Appellant David Morrison was a pilot for Magic Carpet Aviation. Of which Magic Carpet was a wholly owned subsidiary. The employer(s) at issue must have at least 50 employees within a 75 mile radius of the worksite. The court held that although Magic Carpet and Amway (as Magic Carpet's complete owner) were Morrison's joint employers. They did not have enough employees to make the FMLA applicable. Was not Morrison's employer. Because Magic Carpet was a wholly owned subsidiary of Amway. Morrison was also an employee of Amway. Since Amway did not have any employees within 75 miles of his Magic Carpet worksite. Contending that RDV Sports was his employer or. Our review is plenary.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19943539.OPA.pdf">OPINION/ORDER</A><BR>
The panel in that case rested its decision on a factual finding that the construction work at issue was not of the same nature as amusement park work. The work at issue groundskeeping for baseball games is of the same nature as recreational establishment work. 1 United States District Court Middle District of Florida Tampa Division ORDER This cause comes before the Court for consideration of Plaintiff's Motion for Summary Judgment (Doc. Plaintiff is a grounds keeper who has been employed by Defendant since 1989 to maintain the baseball complex located in Sarasota. He receives the same salary each week Plaintiff claims that regardless of the number of hours he works. he is entitled to recover payment of time and a half for hours he alleges he has worked in excess of forty hours per week since 1989. Defendant is a wholly owned subsidiary of the Chicago White Sox. The City of Sarasota owns the baseball complex which is open all year round. It is only used by Defendant on a seasonal basis. The Lease provides that other organizations are permitted to utilize the facilities when the complex is not being utilized by Defendant.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/01/97-3076.htm">97-3076 -- JACKSON V. ANALYST INTERNATIONAL CORP. -- 01/30/1998<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Plaintiff appellant George Gregory Jackson appeals from the district court's orders granting summary judgment to defendants appellees Analyst International Corp. AIC is a contract programming service which provides temporary computer programming services to its clients. When AIC removed him from the project and terminated his consulting contract. <p> Andersen and YTS employees are expected to wear dress shirts and ties to work. Plaintiff insists that he was well groomed throughout the remainder of his employment. When more casual attire was permitted. In part because his business attire was inappropriate by Andersen and YTS standards. Was unable to do so. P. 56(c) used by the district court: we determine whether a genuine issue of material fact was in dispute. Whether the substantive law was correctly applied.
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2004/033912p.pdf">OPINION/ORDER</A><BR>
PA 17701 Attorney for Appellants The District Court declined to exercise supplemental jurisdiction over the state law claims both because it had dismissed those claims over which it had original jurisdiction and because the state law claims were complex. Concluded that
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042849p.pdf">OPINION/ORDER</A><BR>
The survey itself was designed to be voluntary and anonymous. Survey results were designed to be and actually were released only in the aggregate with no identifying information. We will affirm. The Parties Plaintiffs are Carol Nunn. We will refer to the student Plaintiffs as
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/lognameprint2.php">OPINION/ORDER</A><BR>
Whose name in this complaint will be Dakota Allen v. Bowman</td> <td align=left valign=top>02 13050 / 01 01345 CV BU E</td> <td align=left valign=top><font color=red>08 13 2003</font></td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr> <td align left valign=top>In re: Will C. Cohen</td> <td align=left valign=top>03 13162 / 02 23079 CV KMM</td> <td align=left valign=top><font color=red>07 08 2004</font></td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr> <td align left valign=top>In re: Will C.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/lognameprint.php">OPINION/ORDER</A><BR>
Jerome Wayne Johnson</td> <td align=left valign=top>03 13595 / 03 00036 CR J 25 TEM</td> <td align=left valign=top><font color=red>07 12 2004</font></td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr> <td align=left valign=top>In re: Will C. Bowman</td> <td align=left valign=top>02 13050 / 01 01345 CV BU E</td> <td align=left valign=top><font color=red>08 13 2003</font></td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr> <td align=left valign=top>In re: Will C. Whose name in this complaint will be Dakota Allen v.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-4220_033.pdf">OPINION/ORDER</A><BR>
Was a student of Kajukenbo. Bevolo was to be promoted to an orange belt. He was wearing his Gi. The warm up and sparring session was followed by a promotions ceremony and
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/05/01-4008.htm">01-4008 -- MORONI FEED CO. V. MUTUAL SERVICE CASUALTY INSURANCE CO. -- 05/01/2002<BR></A><BR>
While coverage was effective. The suit was removed to federal court. The district court also concluded that exclusion t of the Umbrella policy was ambiguous. Mutual Service appeals the district court's finding that exclusion t is ambiguous and its Umbrella policy provides Moroni Feed coverage for the Nielsen suit. If the insurance policy's language is clear and unambiguous. Coverage A of the Umbrella policy is inapplicable. <p> Coverage B of the Umbrella policy provides insurance coverage for injuries not covered by underlying insurance provided that the particular type of injury is not specifically excluded. At issue is exclusion t. Noting that
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1212.wpd">OPINION/ORDER</A><BR>
The case is therefore submitted without oral argument. This order and judgment is not binding precedent. He was seen on the same day by Ms. He was in pain from his fall and wanted medical care. She replied that she was busy and he would have to either wait until she completed her task or ask someone else to contact medical on his behalf. Barron was examined by the SCF medical staff. After X rays of his shoulder were performed and evaluated. He was sent to a hospital for further treatment. He was diagnosed with a separated shoulder and returned to the prison facility. Barron was diagnosed with a tear of the rotator cuff of his right shoulder. The legal sufficiency of a complaint is a question of law. A Rule 12(b)(6) dismissal is reviewed de novo.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E5E4DFCA968453AE88256D33005626BF/$file/0110254.pdf?openelement">OPINION/ORDER</A><BR>
Skating rinks are
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9888406F8A5B111D88256B8200077F52/$file/0115466.pdf?openelement">OPINION/ORDER</A><BR>
We have jurisdiction pursuant to 28 U.S.C. § 1291. RIO operates a website that informs prospective customers about its hotel and allows those enticed by Lady Luck to make reservations. 4468 RII is a Costa Rican entity that participates in an Internet sports gambling operation. Which was not authorized to accept service on RII's behalf. RII's 4470 eventual responses were almost entirely useless. 3 permits service in a place not within any judicial district of the United States
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Oct2001/985341.txt">OPINION/ORDER</A><BR>
The defendants had assisted in the interception of radio communications and therefore were subject to the more severe statutory penalties ofS 605. The issue on appeal is whether S 605. Argue that S 553 is the sole statutory remedy for cable piracy of signals sent over terrestrial cable lines. We will vacate the penalties imposed and remand the case for further proceedings. 2 I TKR. To prevent subscribers from receiving services they have not purchased. Cable pirates have permeated the marketplace with unauthorized decoders that render viewable previously scrambled transmissions. Cable City represented to customers that its descramblers were
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-1561.html">OPINION/ORDER</A><BR>
With him on the brief was <U>Edward Jorgenson</U>.</P> <P ALIGN=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept95/94-3539.opa.html">JEFFERY V. SARASOTA WHITE SOX<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jeffery v. Plaintiff is a grounds keeper who has been employed by Defendant since 1989 to maintain the baseball complex located in Sarasota. Plaintiff claims that he is entitled to recover payment of time and a half for hours he alleges he has worked in excess of forty hours per week since 1989.<p> Defendant is a wholly owned subsidiary of the Chicago White Sox. The Lease provides that Defendant has the right to use the entire sports complex for major league spring training as well as minor league activities.<p> The City of Sarasota owns the baseball complex which is open all year round. It is only used by Defendant on a seasonal basis. The Lease provides that other organizations are permitted to utilize the facilities when the complex is not being utilized by Defendant.<p> In order to provide Defendant full direction and control of the grounds keeping staff as well as the grooming and maintenance of the baseball fields. The Lease provides that Defendant is fully responsible for the performance of all maintenance on the baseball fields.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug2001/002825.txt">OPINION/ORDER</A><BR>
We have been asked to review (1) whether Petitioners (collectively. (2) whether the labor strike was an
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/994440.U.pdf">OPINION/ORDER</A><BR>
No. 99 4440 Unpublished opinions are not binding precedent in this circuit. Which is located between Greenville and Spartanburg. Where the DEA agent set up a recorder and Lines was again paged. Were alerted and provided with a description of Lines and his vehicle. The room was unoccupied at the time. Lines and Daniel were subsequently indicted by the grand jury for conspiracy to possess with intent to distribute crack cocaine and for possession with intent to distribute crack cocaine. He was ultimately convicted of both counts and sentenced to life imprisonment. A. Lines' first challenge is to his convictions. Lines asserts that the evidence was seized in violation of his Fourth Amendment right against unreasonable searches and seizures. The motel manager advised him that Jacqueline Spivey was the only registered guest in the room. The motel manager confirmed that the room was rented only to Spivey. That no one else was listed on the guest card. The motel manager further confirmed that it was his opinion that Spivey was the only registered.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept95/94-3539.opa.html">JEFFERY V. SARASOTA WHITE SOX<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jeffery v. Plaintiff is a grounds keeper who has been employed by Defendant since 1989 to maintain the baseball complex located in Sarasota. Plaintiff claims that he is entitled to recover payment of time and a half for hours he alleges he has worked in excess of forty hours per week since 1989.<p> Defendant is a wholly owned subsidiary of the Chicago White Sox. The Lease provides that Defendant has the right to use the entire sports complex for major league spring training as well as minor league activities.<p> The City of Sarasota owns the baseball complex which is open all year round. It is only used by Defendant on a seasonal basis. The Lease provides that other organizations are permitted to utilize the facilities when the complex is not being utilized by Defendant.<p> In order to provide Defendant full direction and control of the grounds keeping staff as well as the grooming and maintenance of the baseball fields. The Lease provides that Defendant is fully responsible for the performance of all maintenance on the baseball fields.
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1070a.pdf">OPINION/ORDER</A><BR>
With him on the briefs was Michael E. With him on the briefs were Ronald G. With him on the brief were Peter D. With him on the brief were John I. Cir. 1982) (explaining that Congress focused on distant retransmission because
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/031119p.pdf">OPINION/ORDER</A><BR>
National Park Service after Richard was injured while bodysurfing in the Virgin Islands. We have jurisdiction to review the summary judgment order pursuant to 28 U.S.C. § 1291. Is a question of law. 429 (3d Cir. 1991) (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-4043.wpd">OPINION/ORDER</A><BR>
This appeal is the result of certain Utah optometrists' decade long effort to become panel providers for the largest managed health care company in the state. The Plaintiffs The Plaintiffs are forty nine optometrists who practice along Utah's Wasatch Front and their affiliated professional organizations. Have been permitted under Utah law to perform the full scope of non surgical eye care (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/05/03-4020.htm">03-4020 -- MARSDEN V. FIRST NATIONWIDE MORTGAGE CORPORATION -- 05/27/2004<BR></A><BR>
Is challenging numerous
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/002340.P.pdf">OPINION/ORDER</A><BR>
Gwinnett County is corrected to read
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/07/03-2283.htm">03-2283 -- U.S. V. MARTINEZ-LEGARDA -- 07/12/2004<BR></A><BR>
She contends the stop of her vehicle was not supported by reasonable suspicion and violated her rights under the Fourth Amendment. United States Border Patrol Agent Michael Fiorita and Agent Lisa Crouse were on duty patrolling New Mexico Highway 26. [specifically] two agents reporting that aliens were being smuggled around the checkpoint on Interstate 10 to the west of . . . Texas area were being used to smuggle the aliens avoiding the checkpoint on Interstate 10 west of Las Cruces. <p> . . . . <p> At around 3:00 a.m. . . . . Agent Fiorita was driving a marked border patrol vehicle which was a sports utility vehicle type in an easterly or northerly direction on State Highway 26 with Lisa Crouse as his passenger. Around 3:00 a.m. the traffic was very light. Which is a large sports utility vehicle. Agent Fiorita estimated that it was traveling at a normal rate of speed in an area where the speed limit was 65 miles per hour . . . . <p> As the vehicles passed each other. Agent Fiorita observed that a female was driving the Suburban and . . . immediately as they passed.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/09/01-4109.htm">01-4109 -- LANTEC INC. V. NOVELL INC. -- 09/19/2002<BR></A><BR>
This antitrust case is just as important to the computer program developers involved. The facts and legal issues in this case are complex and will be discussed at length. The Lantec companies' basic argument is Novell drove them out of business. <p> We exercise jurisdiction pursuant to 28 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-1140.html">TBC CORPORATION V. HOLSA, INC.<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B1266C171B8838FD8825701200018908/$file/0335669.pdf?openelement">OPINION/ORDER</A><BR>
We have jurisdiction under 28 U.S.C. § 1291. These mills are part of what is often called the
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/03-1408.pdf">OPINION/ORDER</A><BR>
With him on the brief was Timothy J. With him on the brief were Robert E. These issues are not addressed. 2 Formation. Wherein the frame sidewalls (to which the wheels are mounted) are fastened to downwardly descending flanges formed from a toe plate and a heel plate. The specification and drawings of both patents are the same. Wherein said first sidewall is configured such that said rear upper portion is received into a corresponding one of said heel plate cavities and said front upper portion is received into a corresponding one of said toe plate cavities. Wherein said second sidewall is received into the other opposing said toe and heel plate cavities. Wherein said first sidewall is configured such that said rear upper portion is received into a corresponding one of said heel plate cavities and said front upper portion is received into a corresponding one of said toe plate cavities. Wherein said second sidewall is received into the other opposing said toe and heel plate cavities. Is a question of fact.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031116.P.pdf">OPINION/ORDER</A><BR>
Lay
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B2EBFED27F7F762388256F7800008625/$file/0315045.pdf?openelement">OPINION/ORDER</A><BR>
We have jurisdiction pursuant to 28 U.S.C. § 1291. I. The following facts are undisputed. Darlene Jespersen was a bartender at the sports bar in Harrah's Casino in Reno. She was an outstanding employee. Jespersen's supervisors commented that she was
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTA4MzEtY3Zfb3BuLnBkZg==/04-0831-cv_opn.pdf">OPINION/ORDER</A><BR>
Georgi vodka is sold primarily in New York state. Is one of the top selling vodkas in the New York metropolitan area. It is generally cheaper than the leading nationally distributed vodkas. Bacardi is the largest selling brand of hard liquor in the United States. Inc. is one of the leading producers of beers and malt beverages in the United States. A new label was designed. The
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/07/98-1422.htm">98-1422 -- U.S. V. SMITH -- 07/29/1999<BR></A><BR>
The cause is therefore ordered submitted without oral argument. <p> Christopher Smith appeals from the district court's order of restitution on resentencing. We affirm. <p> The facts of this case are set forth in this court's prior opinion. 1996 and was due to theft. This argument is foreclosed by this court's opinion in <em>United States v. We will therefore not consider it further. <p> Mr. We are not persuaded. Our decision in <em>Smith I</em> was based on the lack of a sentencing hearing transcript or any other evidence in the record on appeal supporting the restitution award. The fact that the original record in district court apparently contained the same or similar letter from Jumbo Sports is irrelevant since that letter was not before this court in the first appeal. <p> While Mr. Smith argues further that one of the guns was recovered and therefore the award should have been reduced accordingly. There is no evidence the gun was ever returned to the owner. The record reflects that the second gun was recovered in a used and battered condition.
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0554n-06.pdf">OPINION/ORDER</A><BR>
I. BACKGROUND Ignition is a Cincinnati based sports training organization formed in May 2004. Its primary customers are high school athletes. Its most popular sport is soccer. Hantz Soccer and most of its advertising is done there. The team is owned and operated by Hantz. ANALYSIS The standard for reviewing a district court's denial of a motion for preliminary injunction is abuse of discretion. Hantz Soccer account
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/feb97/95-2100.wpd.html">UNITED STATES V. LEOS-QUIJADA<BR></A><BR>
The letter
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/96-6213.ma2.html">ONISHEA V. HOPPER (4/7/1999, NO. 96-6213)<BR></A><BR>
All of whom are prison inmates who have tested positive for the Human Immunodeficiency Virus (HIV). Have sued officials of the Alabama Department of Corrections under § 504 of the Rehabilitation Act<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-1443.pdf">OPINION/ORDER</A><BR>
With him on the brief was Peter J. With her on the brief were Peter D. Of counsel on the brief was Karen P. BACKGROUND The merchandise at issue are Presentation Calcu Folios imported by Avenues in 1997. Are zippered on three sides with an interior sleeve. Have a padded carrying handle fitted to the exterior spine. Are constructed of paperboard covered with plastic foam and a vinyl/plastic exterior and interior. Have an interior three ring metal binder permanently affixed to the spine. The difference between these two classifications is significant: items classified under subheading 4202.12.20 are dutiable at 20% ad valorem. While items under subheadings 4820.30.00 and 4820.10.2020 are dutiable at 3.7% and 2.8%. This is not the first time the parties have disputed the proper tariff classification of this type of merchandise. A brief description of the procedural history of this case is warranted to provide the context for the Court of International Trade's decision. Which is the subject of this appeal. Which are the subject of this appeal.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981653.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. Inc. (
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200411082.pdf">OPINION/ORDER</A><BR>
Circuit Judge: In this case we determine whether summary judgment should have been granted to the defendant. T.J. was an experienced swimmer and a civilian employee of the United States Navy. He was using the pool to train for his upcoming course at the Navy's Surface Rescue Swimmer School (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-6293.wpd">OPINION/ORDER</A><BR>
The case is therefore ordered submitted without oral argument. <hr> O'Brien. This case is the latest in a long running dispute between Moshe Tal. The powers of an urban renewal authority are exercised by commissioners. 11 Okla. One statutory requirement is that the plan allow private developers the opportunity to obtain redevelopment contracts. 11 Okla. The Bricktown redevelopment plan was amended in 1997 as the MAPS <hr> Sports Entertainment Parking Support Redevelopment Plan. The City's intended use was public parking. Which was modified on October 2. The final decision was made by the City Council only after two years of public meetings. Inc.'s land had been impermissibly taken for private use and the redevelopment contract was awarded amid
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052395np.pdf">OPINION/ORDER</A><BR>
We will dismiss the appeal because it is not properly before us. A time line of the procedural steps leading to this appeal is helpful in understanding why the appeal must be dismissed: 1. This motion was treated as a Rule 60(b) motion for relief from a final judgment because the District Court's order was an entry of default judgment. 2005: The District Court denied motion for vacation or reconsideration of default judgment because it was not timely under L.Civ.R. 7.1(g). We are required to consider whether we have appellate jurisdiction. We must dismiss for lack of jurisdiction because Reda's notice of appeal was untimely filed. The timeliness of an appeal is a mandatory jurisdictional prerequisite. At the outset we note that we are not reviewing the District Court's entry of default judgment. A Rule 60(b) motion will toll the appeal period until disposition of the motion
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/302746F156FBC28088256ED100755751/$file/0435031.pdf?openelement">OPINION/ORDER</A><BR>
We have jurisdiction under 28 U.S.C. § 1292(a)(1). ESPN is a sports entertainment cable network that primarily broadcasts sporting events and sports related television programming. LLC contended that it was likely to succeed on the merits of its
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/96-6213.ma2.html">ONISHEA V. HOPPER (4/7/1999, NO. 96-6213)<BR></A><BR>
All of whom are prison inmates who have tested positive for the Human Immunodeficiency Virus (HIV). Have sued officials of the Alabama Department of Corrections under § 504 of the Rehabilitation Act<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-1046.html">OPINION/ORDER</A><BR>
Argued for appellant.<span style=
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1261a.pdf">OPINION/ORDER</A><BR>
With him on the briefs was Gary S. With him on the brief were Arthur F. We grant the cross application to enforce the portions of the Board's order based on these unchallenged findings of unfair labor practices. 3 Palace's principal claim in this case is that the Board erred in concluding that the employer's discipline and later discharge of Mullins violated the Act. Mullins was issued warnings for violating the Company's solicitation and harassment policies during the course of his discussions with a fellow employee about whether to join the Union. When it is shown that the misconduct did not in fact occur. The Board concluded that Mullins did not in fact commit the offenses for which he was disciplined. We conclude that these findings are supported by substantial evidence. Mullins was discharged for making an improper remark during a conversation with an employee of a vendor located in the Forum. To determine whether protected activity was the motivating factor in Palace's decision to fire Mullins. The Board's opinion on this point is hopelessly unclear.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/05/032239P.pdf">OPINION/ORDER</A><BR>
Kevin Manfre was convicted for his role in the blowing up of a nightclub in Fort Smith. The judgment is vacated. As will become evident. Rush is a central player in our evaluation of this appeal. Was due on January 10. Although he was granted an extension by the bank. It was suggested that the package contained the blueprints of the nightclub. As a copy of the prints was found in Mr. Rush as to certain tactical concerns that he should have in mind in burning down the nightclub. Rush were in frequent contact. Rush became more and more wary of the plan but felt he was obligated to complete the scheme. Manfre's truck was seen outside the nightclub with large gasoline tanks in the bed of the truck. A propane tank with its valve open was found inside the charred remains of the nightclub. Manfre was questioned about the explosion. Telling investigators that his loan and tax payments for the nightclub were up to date. Manfre was indicted by a grand jury on one count of solicitation to commit a crime of violence in violation of 18 U.S.C. § 373.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-1326.html">B-WEST IMPORTS, INC. V. U.S.<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1385.wpd">OPINION/ORDER</A><BR>
The case is. Appeals a jury (1) This order and judgment is not binding precedent. I. DTV is a direct broadcast satellite system. Which is programmed to allow a customer to access only those channels included in his or her subscription. Various pirate access devices have been developed that allow users to receive and unscramble DTV programming without a paid subscription. Crespin argues that he was authorized by DTV. In the absence of proof that he was unauthorized to receive DTV's transmissions. Crespin claims that the district court had no jurisdiction over him and that DTV is not a
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr2000/991299.txt">OPINION/ORDER</A><BR>
The issue on appeal is whether the district court erred by preliminarily enjoining Las Vegas Sports News.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1998/98a1932p.txt">OPINION/ORDER</A><BR>
The issue on appeal is whether the district court erred by concluding that Mark Madden. Is entitled to claim a journalist's privilege. We hold that he is not and will reverse. I. We will summarize only those facts necessary to give context to the issue. Are the most prominent professional wrestling promoters in the United States. 2 none of which are germane to this appeal. A nonparty witness who is employed by WCW. Which are replayed to callers on WCW's 900 number hotline. That his announcements are as much entertainment as journalism. The district court concluded that Madden was a
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-1330.wpd">OPINION/ORDER</A><BR>
Was convicted by a jury on four counts of dispensing and distributing a controlled substance in violation of the Controlled Substances Act. 21 U.S.C. (1) This order and judgment is not binding precedent except under the doctrines of law of the case. The case is therefore ordered submitted without oral argument. <hr> 841(a)(1) and (b)(1)(C). The Federal Bureau of Investigation (
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jul1998/98a1911p.txt">OPINION/ORDER</A><BR>
The issue on appeal is whether the district court erred by concluding that Mark Madden. Is entitled to claim a journalist's privilege. We hold that he is not and will reverse. I. We will summarize only those facts necessary to give context to the issue. Are the most prominent professional wrestling promoters in the United States. None of which are germane to this appeal. A nonparty witness who is employed by WCW. Which are replayed to callers on WCW's 900 2 number hotline. That his announcements are as much entertainment as journalism. The district court concluded that Madden was a
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/10/963831P.pdf">OPINION/ORDER</A><BR>
Twiss's plea of guilty was conditioned on obtaining appellate review of two issues: (1) whether the district court2 erred by not The Honorable Frank J. Magill was an active judge at the time this case was submitted and assumed senior status on April 1. Before the opinion was filed. (2) whether the district court erred by not suppressing inculpatory statements that Twiss made when he was confronted with the results of the urinalysis. Were able to walk away from the accident. Was pinned under the jeep's roll bar and died in the accident. Ross said that he did not call the police from Vivian Reed's residence because no one was home. Captain Lionel Iron Moccasin of the Oglala Sioux Tribe Public Safety Commission asked Star Comes Out which of the survivors was going to be given a substance test. There is contradictory 4 testimony about whether Star Comes Out relayed to agent Grell the information that Star Comes Out obtained when he interviewed Twiss and Ross. Star Comes Out was confused as to whether he conducted his interview of Twiss before or after the second phone call to agent Grell.
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/September2004/031119p.pdf">OPINION/ORDER</A><BR>
National Park Service after Richard was injured while bodysurfing in the Virgin Islands. We have jurisdiction to review the summary judgment order pursuant to 28 U.S.C. § 1291. Is a question of law. 429 (3d Cir. 1991) (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/04/98-3038.htm">98-3038 -- MITCHAEL V. INTRACORP, INC. -- 04/27/1999<BR></A><BR>
In this antitrust case.<a href=
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1783.01A">OPINION/ORDER</A><BR>
Engel were on brief for appellants. Hynes with whom Michael Fehner was on brief for appellee. This is an appeal from a summary judgment for defendant in a civil antitrust action brought under Section 2 of the Sherman Act. The Parties The plaintiffs are three railroad companies owned by Guilford Transportation Industries. They are the Boston and Maine Corporation (B&M). The defendant appellee is Canadian Pacific Ltd. The Market The market subject to the alleged attempted monopolization is. The principal 2 customers are thirty plants producing building materials. Twenty three are on Guilford's lines. Three are on a line of the Bangor and Aroostook Railroad in Maine. One is on the short line Aroostook Valley Railroad in northern Maine. Three are on the St. There are no plants on a CP line. Is that CP. Which was in fragile financial circumstances. The existence of predatory conduct three of the four requisites of an attempt to monopolize are not in issue. What is to be decided is whether the complaint and affidavits raise a genuine issue of fact as to the existence of
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May2000/993774.txt">OPINION/ORDER</A><BR>
We are constrained to agree with the government's position that Sweeting's family ties and responsibilities were not
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/09/953733P.pdf">OPINION/ORDER</A><BR>
Transamerica Insurance Company (Transamerica) brought a declaratory judgment action seeking a determination that Michael Murach's accident during a comedic diving performance was not covered by the insurance policy of Transamerica's policy holder. Holding that the policy excluded coverage and that Murach was precluded from invoking principles of waiver and estoppel. BACKGROUND Michael Murach was employed by Maxwell Associates. Murach was performing in one of IBC's shows at Fantasy Island amusement park in Grand Island. Murach was dressed in ordinary street clothes and was seated in the audience. Murach began to heckle the performer and was called onto stage. Was invited to join the other performer on a 20 foot platform. He was to fall from the platform into a tank of water while still wearing his street clothes. As he was standing on the platform with the other performer. Sustaining severe injuries which have rendered him a quadriplegic. He is now unable to move any part of his body below his neck. Was later added as a defendant (hereinafter the defendants will be referred Murach's suit alleged that his injury was caused It also alleged a violation of by IBC's failure to maintain the platform. artistic or New York's Arts and Cultural Affairs Law which requires the sponsor of an 22 cultural event to provide performers with adequate safety equipment.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/94opinions/94-1450.html">IMAZIO V. GREENHOUSES<BR></A><BR>
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Because the controlling Arkansas law on this issue is clear. Alleging that Colt's was liable for Leath's injuries by: (1) merchandising and promoting cheap handguns. The case was removed to the federal district court because Colt's had entered bankruptcy proceedings. Was absent as a matter of law. The district court noted that
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-1472.html">UNITHERM FOOD SYSTEMS, INC., ET AL. V. SWIFT-ECKRICH<BR></A><BR>
Argued for plaintiffs appellees.<span style='mso spacerun:yes'> </span>With him on the brief were <u>Greg A. Walters</u>.<span style='mso spacerun:yes'> </span>Also on the brief was <u>Dennis D. Argued for defendant appellant.<span style='mso spacerun:yes'> </span>With him on the brief were <u>Leigh O. Of counsel on the brief were <u>John P. plaintiffs ) that ConAgra was liable for attempted monopolization and for tortious interference with prospective economic advantage. Properly found the 027 Patent invalid and unenforceable for reasons of both prior use and prior sale under 35 U.S.C. § 102(b).<span style='mso spacerun:yes'> </span>The district court was also correct. Announced that it was making the 027 Patent and corresponding patents that may issue available for license at a royalty rate of
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/05/97-3125.htm">97-3125 -- O'TOOLE V. OLATHE DISTRICT SCHOOLS UNIFIED SCHOOL DISTRICT NO. 233 -- 05/19/1998<BR></A><BR>
We affirm. <p align=
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/034090np.pdf">OPINION/ORDER</A><BR>
Circuit Judge Plaintiff claims that its procedural due process rights were violated by the process used to review its land use application. We will affirm. Attempts at mediation have all been to no avail. EMI sought permission for its intended
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P.C. were on brief for appellant. P.A. were on brief for appellees. The judgment of the district court is affirmed. Several of the defendants have moved for summary judgment claiming the protection of the recreational use laws. The success of these motions depends upon: (i) whether the recreational use statutes are inapplicable because the beach was developed land that was not open to the general public. (iii) whether either
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The district court found that the University's campus was a nonpublic forum and that all the challenged restrictions on speech were reasonable. I. Gary Bowman is a professing Christian who engages in street preaching about his religious beliefs and convictions as a tenet of his faith. Bowman considers the University a uniquely suitable place to communicate his message because of its close proximity to his residence in Oklahoma and the significant number of students that can be found in outdoor areas. 2 The University is the flagship campus of the University of Arkansas System. Bowman is classified as a Non University Entity.2 The Policy places a five day cap per semester per entity on the use of facilities and outdoor space by Non University Entities. A reservation is required regardless of the use that will be made of the space. The Policy further prohibits the use of space by Non University Entities during so called Use of indoor space is governed by individual use policies which are not at issue in this case.
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Jan2002/001368.txt">OPINION/ORDER</A><BR>
The court's charge to the jury was insufficiently specific and LePage's's damages proof was speculative.2 The district court granted 3M's motion for 1. The plaintiffs in this action are LePage's Incorporated and LePage's Management Company. Both are appellees and cross appellants. 679 to which interest was to be added. We will affirm the district court's order granting the motion for judgment as a matter of law with respect to the
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/01/99-7101.htm">99-7101 -- ZURICH REINSURANCE (LONDON) LIMITED V. REMALEY -- 01/31/2000<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Appellant James Curtis Remaley appeals the district court's decision granting summary and declaratory judgment to Appellee Zurich Reinsurance (London) Limited (Zurich). Remaley was the only audience member who accepted the rodeo announcer's invitation to leave the stands and participate in
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/031472p.pdf">OPINION/ORDER</A><BR>
Appellant George Atiyeh was convicted by a jury in the United States District Court for the Eastern District of Pennsylvania of conspiracy to operate a gambling business. He further 2 argues that a new trial is required because the remaining counts were tainted by the dismissed counts. The Government cross appeals from the District Court's grant of Atiyeh's post conviction motion for acquittal on the counts that were predicated on a violation of 18 U.S.C. § 1955 (prohibiting illegal gambling businesses). Atiyeh's direct criminal appeal was consolidated with the two Government appeals. We have jurisdiction to hear Atiyeh's direct criminal appeal under 28 U.S.C. § 1291. We have jurisdiction over the Government's cross appeal of the judgment of acquittal under 18 U.S.C. § 3731 and of the sentence imposed under 18 U.S.C. § 3742. Substantial portions of its operations were also located in Quebec. IC was an account bookmaking operation. The accumulated funds were used to pay IC's business expenses and to pay the successful bettors.
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Will & Emery. I A McKenzie and PeaceHealth are the only two providers of hospital care in Lane County. That the relevant market in this case is the market for primary and secondary acute care hospital services in Lane County. Primary and secondary acute care hospital services are common medical services like setting a broken bone and performing a tonsillectomy. McKenzie's sole endeavor is McKenzie Willamette Hospital. The largest of PeaceHealth's three facilities is Sacred Heart Hospital. It is necessary to appreciate the structure of the market in which this case arises. The market for hospital services and medical care is complex. Insurers are usually commercial health insurance companies that seek to buy medical services from hospitals on the best terms possible. The price agreed upon is often referred to as a
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8D9B522DE32A804C88256B3B0000C4AB/$file/9915614.pdf?openelement">OPINION/ORDER</A><BR>
2001 is amended as follows: 1) The opinion's list of counsel for the defendantsappellees. The first three sentences of the first full paragraph should be replaced by the following: 235
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The Insurers allege that MERLO is preempted by the federal Comprehensive Environmental Response. Health & Safety (
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051530np.pdf">OPINION/ORDER</A><BR>
Warnock is a municipal taxpayer. The District Court held that Warnock was essentially bringing derivative claims on behalf of Allegheny County and the Sports and 2 Exhibition Authority of the City of Pittsburgh and that his allegations. The Court concluded that Warnock's injury was not fairly traceable to the conduct of defendants. His injury was that his tax dollars were allegedly being improperly spent on a disputed practice and yet the league and its clubs were not the entity that allegedly improperly distributed the tax dollars. The NFL and its clubs did not have the ability to levy and collect taxes from the citizens of Allegheny County. Warnock was suing for more than equitable relief. That even if Allegheny County was a party to the lawsuit. 3 (2) whether the plaintiff's alleged injury is of the type for which the antitrust laws were intended to provide redress. The pivotal question here is the
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept97/96-5034.new.html">OPINION/ORDER</A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>In re Bethesda Mem'l Hosp. [PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 96 5034
D. VACATES its prior order in this matter and substitutes the following in its place:
We are asked to review a sua sponte order of the district court remanding this proceeding to state court. The central issues presented are whether this Court
OPINION/ORDER
This document was created from RTF source by rtftohtml version 2.7.5 > In re Bethesda Mem'l Hosp. United States Court of Appeals. VACATES its prior order in this matter and substitutes the following in its place:
We are asked to review a sua sponte order of the district court remanding this proceeding to state court. The central issues presented are whether this Court's review is barred by the operation of 28 U.S.C.
OPINION/ORDER
The petitions for rehearing en banc were circulated to the full court and no judge requested a vote on the petitions. Lodi's motion for judicial notice in support of its petition for rehearing is GRANTED. The petitions for rehearing and rehearing en banc are DENIED. 2002 and reported at 2002 WL 1792612 is hereby amended as follows: At page *17. That MERLO's provisions dealing with cleanup procedures are preempted by CERCLA only to the extent that they permit Lodi to order use of procedures more stringent than the NCP
OPINION/ORDER
The Property is the only location within Morgan Hill actually zoned for hospital use. Provided such uses are shown on the development plan for a particular PUD district as approved by the city council.
OPINION/ORDER
The issue before the Court is whether the district court erred when it refused to reconsider a state court's order enjoining Appellant Tampa Sports Authority's (the
OPINION/ORDER
The district court held that the purchasers did not have standing because they were not injured in their business or property as required by RICO's § 1964(c). We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 and. FACTS AND PRIOR PROCEEDINGS These are consolidated appeals from the dismissals of eight virtually identical actions brought by sports and entertainment trading card purchasers. The defendants appellees are manufacturers and distributors of trading cards and licensors of the intellectual property depicted on these cards. The foundation of most trading card products is a base set CHASET v. These insert cards are more rare than base cards and. They generally are more desirable to card collectors. Almost every card manufacturer also includes a disclaimer which states that the advertised odds are an average for the entire production run and are not guaranteed within an individual pack or box.1 There is a secondary market for trading cards. Prize were all present. That is. Holding that there was no injury because plaintiffs One of the actions.
OPINION/ORDER
SBS and HBC are the two largest owners of Spanish language radio stations in the United States. Courts have played an extremely important role in shaping the reach of the Act and the requirements for stating a cause of action under each section. 1579 n.8 (11th Cir. 1985) (
OPINION/ORDER
This document was created from RTF source by rtftohtml version 2.7.5 > In re Bethesda Mem'l Hosp. [PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 96 5034
D. VACATES its prior order in this matter and substitutes the following in its place:
We are asked to review a sua sponte order of the district court remanding this proceeding to state court. The central issues presented are whether this Court
OPINION/ORDER
This document was created from RTF source by rtftohtml version 2.7.5 > In re Bethesda Mem'l Hosp. United States Court of Appeals. VACATES its prior order in this matter and substitutes the following in its place:
We are asked to review a sua sponte order of the district court remanding this proceeding to state court. The central issues presented are whether this Court's review is barred by the operation of 28 U.S.C.
OPINION/ORDER
We reverse because the district court abused its discretion when it determined that Hansen is likely to succeed on the merits. The court stated that a preliminary injunction was warranted because Hansen had shown a probability of success on the merits. DISCUSSION [1] The central issue in this appeal is whether the grant of a preliminary injunction constitutes an abuse of discretion because Hansen failed to demonstrate probable success on the merits. In an Hansen later added a count for trademark infringement that is not pertinent to this appeal. 2 HANSEN BEVERAGE v. Probable success on the merits is established by a showing that the movant's trade dress is protectable (nonfunctional and distinctive). Is whether the district court erred in finding that Freek's trade dress creates a likelihood of confusion.5 [2] National contends that the district court erred in finding a likelihood of confusion because it improperly refused to give preclusive effect to findings by the District Court for the District of Nevada in Hansen Beverage Co. v.
OPINION/ORDER
The Insurers allege that MERLO is preempted by the federal Comprehensive Environmental Response. Health & Safety (
The case is therefore ordered submitted without oral argument.
Plaintiffs James and Jill Humphreys brought this diversity action asserting a claim against defendants for wrongful destruction of timber on plaintiffs' residential lot in Tulsa County. The district court determined that the appropriate measure of damages to plaintiffs' property was diminution of . Defendant James Spargur was constructing a house for her on her property. Defendant Bret Barnhart was clearing trees with a bulldozer on Fuselier's property along the common property line. It was not certain plaintiffs could not meet the jurisdictional amount. Humphreys v. The district court appointed a certified real estate appraiser to determine the fair market value of plaintiffs' property before and after the trees were destroyed. Who have never filed answers to plaintiffs' complaint. The appropriate measure of damages was diminution in value of their property. The court rejected this evidence because the agent was not a certified appraiser.
OPINION/ORDER
New conceded that fictitious party practice is not permitted in federal court and. A writ of mandamus is the proper means by which a party may challenge a remand order. In determining that Counts I and II arose under the Alabama workers' compensation laws and thus were more appropriately heard in state court. New asserts that Thermtron is therefore not applicable to these facts. We cannot adjudicate those issues and do not address them. 4 DISCUSSION The only issue resolved in this opinion is whether this court is empowered with jurisdiction over this proceeding. We are convinced that 28 U.S.C. § 1447(d) precludes us from reviewing this remand order and. A district court
OPINION/ORDER
VACATES its prior order in this matter and substitutes the following in its place: We are asked to review a sua sponte order of the district court remanding this proceeding to state court. The central issues presented are whether this Court's review is barred by the operation of 28 U.S.C. § 1447(d) and. Whether the untimely remand was proper. That case holds that a district court's order to remand a case to state court is a final judgment that can be reviewed on direct appeal. A writ of mandamus is unavailable where there is another means to obtain adequate review. 61 L.Ed.2d 30 (
OPINION/ORDER
Standards are arbitrary and capricious for four different reasons. We hold that the manufacturers' arguments are without merit and deny their request that we set aside the regulations and that we remand to the agency for further proceedings. The purposes of the Manufactured Housing Act are to
Argued for plaintiff cross appellant.With him on the brief were Steven H. Shauf.Of counsel was Robert L. Argued for defendant appellant.With her on the brief was David M. Of counsel was John J. Also of counsel was Sheryl A. Verband der Keramischen Industrie e.V.Of counsel on the brief were Gunter von Conrad and Kevin J. Holding that certain imported goods are prima facie classifiable as Festive Articles under Heading 9505 of the Harmonized Tariff Schedules of the United States (HTSUS).
OPINION/ORDER
This is an appeal from an injunction enjoining the operation of a public school. Factual Background Independent School District No. 640 (the district) is a rural school district located in southwestern Minnesota. Which is approximately fourteen miles from Vesta. 2 Lloyd Paskewitz bought the old Vesta elementary school building in 1991. Paskewitz and several other Vesta families are members of a religious group known as the Brethren. W.) It is undisputed that the Brethren have a sincerely held religious belief in avoiding the use of technology.
Appeals from the district court's affirmance of summary judgment granted in favor of Sovereign Life Insurance Company of California (Sovereign) by the bankruptcy court on the Trustee's claim that he was entitled to assume a $500. Premium payments were due by the third of each month. Alleges the check was returned for insufficient funds on August 25 and again on . Durability experienced financial difficulties and Richard Sullivan was appointed as its state court receiver. 25 he told Sullivan that Durability's life insurance policies on Palmer were term and thus
OPINION/ORDER
Individually and as They Are Members of the Lexington School Committee. Smith were on brief for appellant. LLP were on brief for appellees. The advertisement promoted sexual abstinence and was proffered by a parent. Superintendent and school officials was terminated on defendants' motion for summary judgment. Holding that summary judgment should be entered for Yeo on his claims that there was state action. That each student publication was a public forum. That the decisions not to publish were impermissible view point discrimination. 1997 WL 292173 (1st Cir. The Yearbook was operated entirely by a staff of about sixty students. Staffing decisions were made by students. This staff was headed by two co editors in chief. Yankee Press Education Network. 4 was the Yearbook faculty advisor. Mechem was paid a stipend of less than $2. The Yearbook is financially independent from the school and is funded entirely through the sale of the books to students and advertising. This advertisement section was largely comprised of congratulatory or commemorative ads purchased by students and their families.
OPINION/ORDER
Hoffman were on brief for appellant. Cotchett and Susan Illston were on brief for appellees. Mass. 1993). 2Defendants named in this action are the NFL. Charles Sullivan (plaintiff or Sullivan) is the former owner and sole stockholder of SMC. Was the Patriots' owner at all relevant times. Was to sell the shares to the public. Member teams are not permitted to sell shares to the public unless three fourths of the members approve. William Sullivan was unable to persuade the other NFL owners to allow his proposed deal. The stadium subsequently was sold for the
This document was created from RTF source by rtftohtml version 2.7.5 > Florida Manufactured Housing Assoc. v. (3) that the new wind standards are arbitrary and capricious for four different reasons. We hold that the manufacturers' arguments are without merit and deny their request that we set aside the regulations and that we remand to the agency for further proceedings.<p> <b>I. The purposes of the Manufactured Housing Act are to
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july98/97-4295.man.html">SOCIALIST WORKERS PARTY V. LEAHY (7/7/1998, NO. 97-4295)<BR></A><BR>
Minor political parties are entitled to run qualifying candidates for elected office and to identify these candidates on election ballots as members of their parties.</P> <P> Plaintiff Appellants SWP and FGP are registered minor political parties in the state of Florida. </P> <P> ...</P> <P> The answer ... is no.</P> <P> Neither the Department of State. Have authority to waive the bonding requirement....</P> <P> ....</P> <P>Upon receiving the Secretary of State's advisory opinion. Contending that the district court's denial of the TRO was tantamount to a denial of their motion for preliminary injunction. SWP and FGP moved for reconsideration.</P> <P> While their motion was pending and less than one month after the district court ruled that no case or controversy existed. This bond is required by law pursuant to section 103.121(3). Florida Statutes. <EM>Failure to file a copy of the bond will result in removal of your minor party status with this state.</EM></P> <P>(emphasis added). 1996 letter were also sent to the Libertarian Party.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1564.01A">OPINION/ORDER</A><BR>
Were on brief for appellants. Were on brief for appellees. * Of the District of Massachusetts. Rodriguez was reinstated to a
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/07/98-8070.htm">98-8070 -- CARVER V. U.S DEPT. OF THE INTERIOR -- 07/02/1999<BR></A><BR>
William Foster was Carver's immediate supervisor at Yellowstone. Foster averred that he ranked Carver as outstanding because he
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2539.01A">OPINION/ORDER</A><BR>
Were on brief. Rivera alleged that he was the victim of adverse employment actions motivated by political animus. Who was sued in both his individual and official capacities. The jury found that
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2494.01A">OPINION/ORDER</A><BR>
P.C.</SPAN> was on brief. P.C.</SPAN> was on brief. P.A.</SPAN> was on brief. A CBA was in effect between Spalding and the Union. The main thrust of the Union's argument was that discharge was
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/01/003939P.pdf">OPINION/ORDER</A><BR>
School districts are listed alphabetically in a column at the left hand side of the table. Topic headings are listed in a row across the top of the table. There are many topics in the Schoolhouse table. The substantive content of the table is information listed under these topics.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-1088.html">ANTHONY JOHN ANTONIOUS V. FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P<BR></A><BR>
Argued for plaintiff and sanctioned party appellant.<span style=
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Sept2002/013276u.pdf">OPINION/ORDER</A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/11/992913P.pdf">OPINION/ORDER</A><BR>
I. Amanda Jahn was hired in late August of 1998 as a temporary employee until October 30. Her termination date was adjusted accordingly. 2 A representation election was held for New World's employees on January 7. The election eligibility date was November 13. Chu testified that Jahn was primarily interested in filling a vacant news position. That her job assignments were intentionally skewed toward her strengths by assigning her to human interest or straight news pieces. During the months after Jahn was hired. One part time and two full time positions for which she was qualified were open at New World. We will enforce an order of the National Labor Relations Board so long as the Board has correctly applied the law and substantial evidence in the record supports its findings. 1436 (8th Cir. 1994). 3 New World contends that Jahn's ballot should not have been counted. It argues that she was ineligible to vote in the election because. In determining whether a temporary employee who is employed at the time of the election eligibility date and the election is entitled to vote in a representation election.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/08/991657P.pdf">OPINION/ORDER</A><BR>
A Complications from an automobile accident have prevented Judge Gibson from reviewing this opinion prior to its being filed. The opinion is consistent with Judge Gibson's vote at conference. 1 competitor of the Brookins. IMCA is the oldest auto racing sanctioning body in the United States. Specific car rules for each racing class are established by the IMCA executive committee. IMCA's executive committee then revised the rule to require that all automatic transmissions have a functioning pump. When IMCA changed its rules in response to pressure from rival transmission manufacturers who were also IMCA sponsors. The Brookins contend that IMCA's adverse rule changes were the product of concerted action by IMCA and competing transmission manufacturers that unreasonably restrained trade in modified car transmissions.3 To prevail on this Section 1 claim. Noting undisputed evidence that there are many racing classes and many competing auto racing sanctioning bodies. The court also concluded there was no evidence that excluding the Ernie Glide and Ernie Slide transmissions from modified car races has had an actual adverse effect on competition in that market.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/00opinions/00-m595r.html">OPINION/ORDER</A><BR>
With him on the petition was <U>George P. Because we conclude that the invention record of the 178 patent is protected by the attorney client privilege. The denial of that privilege by the district court is properly remedied by mandamus. Spalding is the assignee of the 178 patent. 1994 and is directed to a basketball with a polyurethane cover. Spalding asserted that the invention record was not discoverable because it was protected by the attorney client privilege. (2) even if the attorney client privilege were to apply. Wilson was nonetheless entitled to discovery of the invention record because it had made a <U>prima</U><I> </I><U>facie</U> showing of inequitable conduct. <U>See</U> <U>id.</U> at 5 6. The document was meant primarily as an aid in completing the patent application rendering the attorney a mere ". The magistrate judge concluded that Spalding s invention record was discoverable. Apparently based on the rationale that any attorney client privilege was abrogated by the crime fraud exception.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/11/97-3236.htm">97-3236 -- ASIA STRATEGIC INVESTMENT ALLIANCES, LTD. V. GENERAL ELECTRIC CAPITAL SERVICES, INC. -- 11/24/1998<BR></A><BR>
The motion was referred to a magistrate judge who denied the request because it was untimely. <p> On January 15. The existence of an agreement between the parties and argued that the relationship was a single joint venture
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/09/97-4007.htm">97-4007 -- UTAH FOAM PRODUCTS CO. V. UPJOHN CO. -- 09/04/1998<BR></A><BR>
Found that the competitor was able to offer the product to Utah Foam at a lower price than that charged by Upjohn. <p> In July. Because PAPI 135 was not of like grade and quality to PAPI 27. Thus they were irrelevant to Utah Foam's claims. We held that they were barred from doing so under <u>Donovan</u>. <u>See</u> <u>id.</u><strong> </strong>In short. The well established rule is that acceptance of remittitur of damages effectively waives the right to appeal any issue pertaining to the causes of action covered by the remittitur offer. <u>See</u> <u>Denholm</u>. 322 (5th Cir. 1985) (because punitive damages and compensatory damages based upon same cause of action are
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<TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Feb2003/013902u.pdf">OPINION/ORDER</A><BR>
The disparagement claims were disposed of on summary judgment for Citadel. We will affirm the District Court's denial of judgment as a matter of law on the age discrimination claims. Because we find that testimony from several witnesses giving their views with respect to a promotional liner was improperly admitted and an improper jury instruction was given at the trial on McNulty's age discrimination claims. We 2 will reverse the District Court's denial of a new trial. We will affirm the District Court's grant of summary judgment to Citadel on the disparagement claims. That is. Background McNulty was awarded attorney's fees as the prevailing party. Because we will grant a new trial. McNulty is no longer the prevailing party. We will therefore vacate the award. The claims of error regarding the fee award and front pay are moot. 3 1 A complete understanding of the facts is helpful. WARM was owned by Susquehanna Broadcasting Company and had a target audience of adults in the 35 to 65 age group. WARM was sold to Citadel.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june95/94-2307.opa.html">FLORIDA MANUFACTURED HOUSING ASSOC. V. CISNEROS<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Florida Manufactured Housing Assoc. v. (3) that the new wind standards are arbitrary and capricious for four different reasons. We hold that the manufacturers' arguments are without merit and deny their request that we set aside the regulations and that we remand to the agency for further proceedings.<p> <b>I. The purposes of the Manufactured Housing Act are to
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1994/94a0709p.txt">OPINION/ORDER</A><BR>
I. FACTS AND PROCEDURAL HISTORY The facts in this case are. Bell of Pennsylvania told Pastore that it planned to order the same system for all of its 800 facilities if this pilot project was successful and that it might extend to as many as 4. The pilot project was timely completed and Bell of Pennsylvania officials expressed satisfaction with NASSCO's performance. Pastore was informed that a security system had been installed by an entity entitled Integrated Access Systems in the Monroeville Revenue Accounting Center. Although the site was within the network of facilities to be installed and serviced exclusively by NASSCO. Other already approved projects which were part of the first planned phase involving installation of the CDACCSN statewide were not carried forward. While none of the work planned for the second or third phase was initiated. Plaintiffs argue that summary judgment was inappropriate because they did not have adequate time for discovery. [fn3] and explicitly provides that the party must file an affidavit setting forth why the time is needed.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar1995/95a1005p.txt">OPINION/ORDER</A><BR>
The question on this appeal is whether the Borough and Enterprise can be held liable under 42 U.S.C. § 1983. Basing the decision on its finding that Enterprise was not a state actor for section 1983 purposes. We conclude that the district court erred in holding that Enterprise is not a state actor. Will affirm the grant of summary judgment. Factual background and procedural history Enterprise is a private association of volunteers which has served the Borough of Hatboro since 1890.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1996/96a1362p.txt">OPINION/ORDER</A><BR>
WHOSE IDENTITIES ARE PRESENTLY UNKNOWN). WHOSE IDENTITIES ARE PRESENTLY UNKNOWN). We will reverse and remand the following claims: (1) Breach of Contract (Eleventh Count). We find that summary judgment was properly granted against Ideal. We will therefore affirm the district court's order dismissing all of the antitrust claims. Is a New Jersey corporation owned by Mark Greenberg and Gil Levine. Tuscan was owned by Lou Caiola. Levine were aware that the contract had
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan2000/991040.txt">OPINION/ORDER</A><BR>
To effect a stop of the automobile in which Harple was a passenger. In which we held that probable cause was lacking under somewhat similar circumstances. Officers McCullough and Postowski of the Philadelphia Police Department were working in the 24th district's burglary detail. Informed them of previous fires in the vicinity of 2500 Butler Street and instructed them to
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1997/97a1688p.txt">OPINION/ORDER</A><BR>
We will affirm. Inc. is a fast food service company that sells pizza through a national network of over 4200 stores. Inc. is the second largest pizza company in the United States. The essence of a successful nationwide fast food chain is product uniformity and consistency. Uniformity benefits franchisees because customers can purchase pizza from 3 any Domino's store and be certain the pizza will taste exactly like the Domino's pizza with which they are familiar. This means that individual franchisees need not build up their own good will. It ensures the brand name will continue to attract and hold customers. Section 12.2 is subject to a reasonableness clause providing that Domino's Pizza. When Do Franchisors Have Market Power? DPDD was formerly a subsidiary of Domino's Pizza. The plaintiffs in this case are eleven Domino's franchisees and the International Franchise Advisory Council. Even though the dough producing stores were willing to sell dough at a price 25% to 40% below Domino's Pizza. FPC was appointed the purchasing agent for IFAC member Domino's franchisees.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr2000/991299O.txt">OPINION/ORDER</A><BR>
2000) ORDER AMENDING SLIP OPINION It is HEREBY ORDERED that the Slip Opinion filed in this case on April 28. Para. 1 (
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july98/97-4295.man.html">SOCIALIST WORKERS PARTY V. LEAHY (7/7/1998, NO. 97-4295)<BR></A><BR>
Minor political parties are entitled to run qualifying candidates for elected office and to identify these candidates on election ballots as members of their parties.</P> <P> Plaintiff Appellants SWP and FGP are registered minor political parties in the state of Florida. </P> <P> ...</P> <P> The answer ... is no.</P> <P> Neither the Department of State. Have authority to waive the bonding requirement....</P> <P> ....</P> <P>Upon receiving the Secretary of State's advisory opinion. Contending that the district court's denial of the TRO was tantamount to a denial of their motion for preliminary injunction. SWP and FGP moved for reconsideration.</P> <P> While their motion was pending and less than one month after the district court ruled that no case or controversy existed. This bond is required by law pursuant to section 103.121(3). Florida Statutes. <EM>Failure to file a copy of the bond will result in removal of your minor party status with this state.</EM></P> <P>(emphasis added). 1996 letter were also sent to the Libertarian Party.
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200206/01-1032a.txt">OPINION/ORDER</A><BR>
With him on the briefs were Charles G. With him on the brief were Jane E. With him on the brief was David J. Because we conclude that the Commission's order is reason able and supported by substantial evidence. Which was distributed by satellite. Which was. The purpose or effect of which is to hinder significantly or to prevent any multichannel video pro graming distributor [MVPD] from providing satellite ca ble programming.... 47 U.S.C. s 548(b). Is not
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With him on the briefs was Richard E. With him on the brief were Roscoe C. Katerberg were on the brief for amicus curiae The Brady Center to Prevent Gun Violence. Circuit Judge: The Secretary of the Treasury must authorize the importation of any firearm that is
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-1555.html">MEDIA TECHNOLOGIES LICENSING, LLC V. UPPER DECK CO.<BR></A><BR>
Argued for plaintiff appellant.<span style='mso spacerun:yes'> </span>With him on the brief was <u>Sean A. <span class=SpellE>Luner</span></u>.<o:p></o:p></span></p> <p class=MsoNormal><span style='mso bidi font family:Arial'><o:p> . Argued for all <span class=SpellE>appellees</span>.<span style='mso spacerun:yes'> </span>On the brief were <u>Norman H. <span class=SpellE>Zivin</span></u> and <u>Eric D. 501 ( 501 patent ) was barred by res judicata (claim preclusion).<span style='mso spacerun:yes'> </span><span class=GramE><u>Media Techs.</u></span><u> <span class=GramE>Licensing. Line height:200%'>Adrian Gluck is the named inventor of the 501 patent. Which is directed to memorabilia cards that include an action image of a famous figure.<span style='mso spacerun:yes'> </span>With G
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-1495.html">LEN-RON MANUFACTURING CO., INC., V. U.S.<BR></A><BR>
Argued for defendant appellee.<span style='mso spacerun:yes'> </span>With her on the brief were <u>Robert D. New York.<span style='mso spacerun:yes'> </span>Of counsel was <u>Chi S. Inc. (collectively Len Ron ) appeal from the decision of the United States Court of International Trade granting the government s cross motion for summary judgment that various cosmetic bags imported by Len Ron were properly classified under subheading 4202.12 of the Harmonized Tariff Schedule of the United States ( HTSUS ).<span style='mso spacerun:yes'> </span><u>Len Ron Mfg. Page break after: avoid'>The imported goods at issue are small bags made of polyvinyl sheeting imported for use in cosmetic sales promotions.<span style='mso spacerun:yes'> </span><u>Len Ron</u>. Supp. 2d at 1270 71.<span style='mso spacerun:yes'> </span>These cosmetics bags are supple. Non rigid and not supported by frames. <span style='mso spacerun:yes'> </span><u>Id.</u> at 1270.<span style='mso spacerun:yes'> </span>They are of differing shapes and sizes and were variously invoiced by
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992344.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. Though MMG was successful in securing orders. JP nonetheless ran into financial difficulties and was unable to purchase materials or pay vendors. Edelman is the president and sole shareholder of Kimber. Inc. does not recognize nor does it have any obligation to you under the . . . MMG cross appeals the judge's calculation of prejudgment interest and the judge's refusal to grant MMG commissions on a sale that is currently the subject of litigation in Tennessee. A summary judgment motion should be granted only if there is no genuine dispute as to an issue of material fact and the moving party is entitled to judgment as a matter of law. The only remaining parties are MMG. 000 pistols purchased by Nationwide and Nationwide's repeat orders which were covered by section 6.8 of the Representative Agreement. 4 the evidence in the light most favorable to the non moving party and draw all reasonable inferences from the facts in the non movant's favor. Issues of contractual interpretation are reviewed de novo .
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-1098.pdf">OPINION/ORDER</A><BR>
This disposition is not citable as precedent. It is a public record. This is an interference case. We hold that the Board's decision was not legally flawed and that its factual findings were supported by substantial evidence. The protrusions on each cleat were described as having a
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/july96/94-9551.wpd.html">LEHL V. SEC<BR></A><BR>
Lehl was a securities salesman associated with First Choice Securities in Denver. First Choice was a registered member of the NASD and Lehl was a registered representative. Each of these prices was posted daily on a board in the front of the Denver office. From which Lehl's individual commissions were paid. Which was in fact 3.125› in nine of the transactions and 3.5› in the other two. The SEC's factual findings are conclusive if supported by substantial evidence.(2) Id. 78y(a)(4). He shall . . . sell at a price which is fair. The fact that he is entitled to a profit . . . . 5 (
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3421_028.pdf">OPINION/ORDER</A><BR>
While he was enrolled at Franklin Middle School in Champaign. He was repeatedly molested by the school's Dean of Students. That Champaign Community Schools Unit District No. 4 and various school officials were deliberately indifferent to the abuse. Because it was relevant to his claim for compensatory damages. We conclude the Does are entitled to a new trial for three reasons. I. BACKGROUND John Doe first enrolled at Franklin Middle School in 1993 as a sixth grader.1 The parties do not dispute that Doe was 1 John Doe and the other putative victims are all African Americans. Smith is Caucasian. Underprivileged African American boys because they were particularly vulnerable and less likely (continued...). No. 04 3421 3 a troubled child whose classroom conduct was disruptive at times. Smith would often seek out Doe on the playground and order him to Smith's office because he was a troublemaker.2 At trial. Smith invited Doe to have breakfast with him. Was the beginning of the molestation. Sexual grooming is
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<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
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-1437.pdf">OPINION/ORDER</A><BR>
On the brief was Guy E. With him on the brief were John F. Such as when a component like a key pad is detached from the device. Power to the device is not completely shutoff until a preset electrical current is exceeded. In this way unauthorized attempts to use the device are immediately obvious from the fact that the auxiliary electrical equipment no longer operates. This claim recites: An interrupt system which is operative to interrupt the transmission of power from a power supply to an electrical load. Wherein said controller is operative to selectively supply or interrupt power to the load. Wherein said code providing device is operable to provide an authorization code to said controller when operatively connected thereto. Wherein said controller is operative to supply power to the load 04 1437. Wherein the controller is operative to monitor the operative connection with said code providing device. Wherein said controller is operative to interrupt power to the load responsive to said code providing device being operatively disconnected from said controller.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972339.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. The rule is not inconsistent with the Federal Rules of Civil Procedure or any federal statute. We deny counsel's motion to withdraw and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/dec96/95-8031.wpd.html">KUENZLE V. HTM SPORT<BR></A><BR>
Was seriously injured in a skiing accident near Jackson. Kuenzle was using Model 285 S ski bindings that were manufactured in Austria by defendant Tyrolia and purchased by her in Switzerland in 1986. Kuenzle asserts that the bindings were defectively designed. Tyrolia points out that it is an Austrian company which sells its products in the United States only through an independent distributor and that it conducts no business in Wyoming. To determine whether jurisdiction is present. A plaintiff must show that jurisdiction is legitimate under the laws of the forum state and that the exercise of jurisdiction does not offend the due process clause of the Fourteenth Amendment.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971394.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. Waggoner was injured while riding on the jet ski and sued. The district court dismissed the suit on the grounds that it was barred by the waiver. Is governed by principles of maritime law. Where States have a strong interest in applying their own tort law. Or was not on all fours with the maritime shipping and commerce that has traditionally made up the business of most maritime courts
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0365n-06.pdf">OPINION/ORDER</A><BR>
I The facts of the case are quite straightforward. Were adequately set forth by the district court in its opinion and order of July 25. ATF agents have inspected Pro Gun four times to ensure compliance with ATF procedures. ATF notified the Petitioner that his application was on hold during the pendency of assault charges then pending against him in state court in Cuyahoga Falls. Procaccio was later acquitted of those charges. A hearing was held at the ATF Columbus Field Division. As is his right under 18 U.S.C. § 923(f)(3). Petitioner was cited for incomplete Forms 4473 at each inspection. The inspectors found that the Petitioner's log book was incomplete on three occasions. That he was not filling out Forms 3310.4 as required on two occasions. That he was failing to provide required information to purchasers on one occasion. These forms and disclosures are required by ATF regulation. Procaccio can be said to have
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0447p-06.pdf">OPINION/ORDER</A><BR>
Soccer City is a for profit corporation engaged in the The Honorable William H. While we find that Plaintiff did in fact have standing. Factual History The facts in this case are largely undisputed. The first site Soccer City tested was found to be unsuitable for construction. So a second site was tested. After determining that the second site was suitable. The Board required any interested parties to submit their bids within the following three weeks in order to have them considered. The Board further required a guarantee from any new bidders that whomever was awarded the contract would reimburse Soccer City for the environmental testing it had conducted. Plaintiff was unable. The day the bids were due. Which was the one from Soccer City. Summary judgment is proper where there is no genuine No. 05 2360 Club Italia Soccer v. Page 3 issue as to any material fact and the moving party is entitled to judgment as a matter of law. The basis for constitutional standing is derived from Article III's
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/06/02-5076.htm">02-5076 -- GREEN COUNTRY FOOD MARKET, INC. V. BOTTLING GROUP, LLC. -- 06/22/2004<BR></A><BR>
1291 and AFFIRM. <strong></strong> <p><strong>BACKGROUND</strong> <p> Plaintiffs are corporations that operate grocery stores. Davis had recognized that they were often unable to sell their Pepsi products at prices competitive with other area grocery stores. Bottling Group is majority owned by Holdings. Holdings is indirectly wholly owned by The Pepsi Bottling Group. Davis have acquired. Plaintiffs therefore have no access. All allegations were predicated on Bottling Group's refusal to deal with Plaintiffs following Plaintiffs' initiation of the price discrimination lawsuit against BPC. <p> The district court denied Plaintiffs' request for a preliminary injunction and granted summary judgment in favor of Bottling Group and Holdings. That the complaint should have been treated by the district court as constructively amended. Summary judgment is appropriate if the pleadings. Show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. <u>Fed.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/93opinions/93-3149a.html">USA V. JOHNSON MICHAEL J.<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-1373.html">OPINION/ORDER</A><BR>
Argued for plaintiff appellee.<span style='mso spacerun:yes'> </span>With him on the brief was <u>David F. Nickel</u>.<span style='mso spacerun:yes'> </span>Of counsel was <u>Mark N. Argued for defendant appellant.<span style='mso spacerun:yes'> </span>On the brief were <u>Robert D. International Trade Field Office.<span style='mso spacerun:yes'> </span>Of counsel on the brief was <u>Beth C. The Toy Association of Southern California.<span style='mso spacerun:yes'> </span>With her on the brief were <u>S. Inc.<span style='mso spacerun:yes'> </span>With him on the brief was <u>Rachel B. Mso bidi language:AR SA'>[1]</span></span><![endif]></span></span></a> was erroneous and that the costumes are properly classified as Other garments. Int l Trade 2002).<span style='mso spacerun:yes'> </span>Because we conclude that Customs s classification ruling is persuasive and therefore must be granted deference under <u>Skidmore v. Which are made in toddler. Contended that virtually identical costumes to those manufactured by Rubie s were being imported into the United States and some of these textile costumes were being erroneously classified as festive articles.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CA2E2FCAE2A1E6D088256EED006D7666/$file/0499001.pdf?openelement">OPINION/ORDER</A><BR>
Is amended to include Judge Browning's concurrence. 11088 COOPER v. A California death row inmate whose execution is scheduled for Tuesday. Was guided by the Court's treatment of similar lastminute challenges in recent weeks. The timing of Cooper's action suggests that an equally important purpose is to stay his execution to continue to pursue other claims. The court noted that every state and federal court to consider the question has concluded that lethal injection is constitutional. That at least two courts which have examined protocols that. Use both sodium pentothal and pancuronium bromide have held that such protocols are constitutional. The court found that Cooper had not articulated a compelling argument that to stop an inmate's breathing is not a legitimate state interest in the context of an execution. The court held that Cooper's argument that the California protocol is unconstitutionally vague presents no serious question. Eight inmates have been executed by that method. Including that use of pancuronium bromide serves only to mask what intense suffering could be experienced in combination with the other chemicals that are used.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-8057.wpd">OPINION/ORDER</A><BR>
Dunbar was attempting to exit a specially designated ski and snowboard terrain park. Dunbar skied into the terrain park area with other members of her group who were part of a promotional ski trip sponsored by her employer Clear Channel Communications. The Jackson Hole terrain park is designed for advanced <hr> skiers and snowboarders who choose to recreate in a very challenging risk filled environment. The terrain park is separated by a fence and a boundary rope from an intermediate ski run. Alerting them that they are entering an advanced ski area where
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/11/01-4252.htm">01-4252 -- BELL V. FUR BREEDERS AGRICULURAL COOPERATIVE -- 11/07/2003<BR></A><BR>
The Bells allege that while they were members of the cooperative. Insurance. <p> If a member whose ranch is located beyond the established feed route still requests delivery. One of the cooperative's written objectives is to ensure members do not subsidize one another. The discounted price was one penny less per pound than the delivered price. <p> Jack Bell became a Fur Breeders member in 1955 and continued as a member until 2000. Is more than seventy miles from both the Logan plant and the nearest point of the established delivery route. 049.51. <p> <center>PROCEDURAL BACKGROUND</center> <p> It is against this backdrop and the costs associated with hauling their own feed that the Bells brought their antitrust litigation against Fur Breeders. Determining their antitrust claims were sufficient to withstand such a motion. <em>Id. </em>at 1244 45. <p> Thereafter. A different district court judge was assigned to the case. Determining
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B09FA7717F18D78588256AF50001E5AF/$file/9915614.pdf?openelement">OPINION/ORDER</A><BR>
The Insurers allege that MERLO is preempted by the federal Comprehensive Environmental Response. Health & Safety (
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/93opinions/93-1169b.html">ALLI COMMTY MEDIA V. FCC<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTMyMzAtY3Zfb3BuLnBkZg==/04-3230-cv_opn.pdf">OPINION/ORDER</A><BR>
Jr. was employed as a New York City sanitation worker. The district court granted defendants' summary judgment motion and dismissed the complaint because it concluded that no reasonable jury could find that Capobianco was disabled or that defendants regarded him as being disabled within the meaning of the ADA. Capobianco Is Hired By DOS Capobianco was employed by DOS from December 7. He was hired only after many years of trying to obtain employment with DOS. He was not called by DOS to be a sanitation worker until 1995. He was given an eye He examination and DOS advised him in August 1995 that it had determined that he was
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2002/01-10478.opn.html">COGGIN AUTOMOTIVE CORP. V. COMMISSIONER (6/6/2002, NO. 01-10478)<BR></A><BR>
Received two notices of deficiency from the Commissioner of the Internal Revenue Service (Commissioner) alleging additional tax due.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/10/051386P.pdf">OPINION/ORDER</A><BR>
Walter George Awada was convicted of one count of conspiracy to launder money and five substantive counts of money laundering. United States District Court for the District of Minnesota. 1 BACKGROUND Awada was indicted following an investigation into a large scale gambling ring operated by Douglas Sabby. Sabby was a bookmaker. Sabby's cellular telephone was not registered in his name. Sabby did not have a bank account of his own. Sabby was a patron of Awada's bar and restaurant. Awada was one of Sabby's bettors. Thus knew he was a bookmaker. Seeking to have Awada cash them. The checks were not endorsed by Sabby. The person from whose account the checks were drawn. It was extremely rare for Awada to cash even one check for such a large amount. Awada was interviewed by state and federal authorities regarding his association with Sabby. Awada told the agents that he knew Sabby was a bookmaker. That he believed the checks were payments from one of Sabby's bettors. Awada was subsequently indicted for conspiracy to conduct an illegal gambling business.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-2848.PDF">OPINION/ORDER</A><BR>
035.00 was
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1683.01A">OPINION/ORDER</A><BR>
Chubrich & Harrigan was on brief for appellants. McGillicu ddy were on brief for appellees. Various entities that later acquired interests in the real property upon which the health club facility was located. The note was secured by a first mortgage on the Property. The Property was acquired by appellee A.B. Which was later converted to chapter 7. There is no evidence that appellants filed proofs of claim in the bankruptcy proceedings. 2
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-2791.PDF">OPINION/ORDER</A><BR>
Carter was required to complete and sign a health history questionnaire. Carter then answered in the affirmative the following three questions:
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/98opinions/98-5021.html">CHARRON RICHARD V. U.S.<BR></A><BR>
With her on the brief were <U>Loretta C. These are nine consolidated appeals in which Canadian citizens sought refunds of United States income taxes paid on income received for playing professional ice hockey for United States teams. These cases were filed in the Court of Claims (the trial division of which was the predecessor to the Court of Federal Claims) in the mid 1970 s. They were part of a larger number of similar cases (approximately 200) that were so filed. The plaintiffs in the present nine cases (like those in most of the other cases) are Canadian citizens who played professional ice hockey for United States teams (the ". Includes their spouses who are parties). They alleged that they were entitled to exclude from their taxable United States income amounts reflecting the portion of their salaries
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/02/99-6148.htm">99-6148 -- JOHNSON V. SAFFLE -- 02/04/2000<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Plaintiff appellant Joe Johnson. Alleges denial of constitutional rights while he was incarcerated in Lexington. He asserts that because the new facility takes more stringent security measures and is noisier. The magistrate judge concluded that plaintiff had failed to allege that he was actually punished for any reason. Since a claim that a prisoner has been verbally threatened is not sufficient to state a claim under
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan2000/98-4211.opn.html">DAVID VINCENT, INC. V. BROWARD COUNTY (1/18/2000, NO. 98-4211)<BR></A><BR>
Senior Circuit Judge:</P> <P> Plaintiffs appellants are adult bookstores in unincorporated Broward County. The district court ruled that Broward County's zoning ordinance for adult businesses was constitutional both facially and as applied to plaintiffs.</P> <P> The adult bookstores raise three issues on appeal. They question the district court's ruling that Broward County's zoning ordinance is facially constitutional. Support the district court's ruling that the zoning ordinance is facially constitutional. We cannot say that the district court's findings as to the number of sites available for adult businesses under the zoning ordinance are clearly erroneous. We affirm the district court ruling that Broward County's zoning ordinance is constitutional both facially and as applied. </P> <P> </P> <P ALIGN=
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051723p.pdf">OPINION/ORDER</A><BR>
Brown argues that he was 2 improperly stopped and searched. Thus the incriminating evidence uncovered by that search was not properly admitted at his trial. Factual Background Our facts are taken from the suppression hearing held by the District Court. Jelena Radenkovic and Lucia Zapatero were walking in the 2100 block of Locust Street in Philadelphia. They were approached by two black male teenagers who attempted to grab Radenkovic's purse. Who was waiting to meet her at a nearby restaurant. Radenkovic told Firth about the attempted robbery Because we reverse on the ground that the stop of Brown was not supported by reasonable suspicion. Who was not identified in the record. While the officer was speaking over the radio and describing one of the suspects as 15 years old and the other as three or four years older. Lucia Zapatero commented that she thought the suspects were older. Who At all other places in the record the suspects are described as running southbound on 22nd Street. This discrepancy in the printout of the radio call is not material for our opinion. 4 2 was sitting in the police car at this point.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/05/97-3267.htm">97-3267 -- U.S. V. HUNT -- 05/05/1998<BR></A><BR>
This cause is therefore ordered submitted without oral argument. <p> Robert Hunt pleaded guilty to one count of possession of a firearm by a convicted felon. We affirm. <p align=
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/04opinions/04-1154.html">IRDETO ACCESS, INC. V. ECHOSTAR SATELLITE CORPORATION, ET AL.<BR></A><BR>
Argued for plaintiff appellant.<span style='mso spacerun:yes'> </span>With him on the brief was <u>David S. Argued for all of the defendants appellees.<span style='mso spacerun:yes'> </span>With him on the brief was <u>James M. Et al.<span style='mso spacerun:yes'> </span>Also on the brief was <u>Robert R. The broadcast digital information signal is in a broadcast common service enciphering key and communication between the transmitter and subscribers may take place in a box key or in a group enciphering key common to a group of subscribers having a common interest in the reception of broadcast signals of a particular type.<span style='mso spacerun:yes'> </span>Each receiver will decipher the broadcast digital information in a specific service key which is common to that broadcast.<span style='mso spacerun:yes'> </span>The service key may be changed at one or more subscribers by communicating the change in the service key to the subscribers by means of the group enciphering key.<span style='mso spacerun:yes'
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/04/98-4221.htm">98-4221 -- AMERIKS V. ZIONS FIRST NATIONAL BANK -- 04/20/2000<BR></A><BR>
<a href=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb98/95-2565.opn.html">TECHNICAL RESOURCE SERVICES, INC. V. DORNIER MED. SYS., INC. (2/12/1998, NO. 95-2565)<BR></A><BR>
Sitting by designation.</P> <P> These consolidated appeals arise from a civil antitrust dispute which was the subject of two jury trials. Which are manufactured by Dornier Medizintechnik. Lithotripters are medical devices which dissolve kidney stones through the use of shock waves. Inc. (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/11/02-3355.htm">02-3355 -- JONES V. BARNHART -- 11/20/2003<BR></A><BR>
Alleging that its failure to promote her was based on racial discrimination. That the SSA was a racially hostile work environment. That she was constructively discharged. Applications were awarded points based on formal education. Fourteen applicants were selected for the well qualified list. The six applicants whose scores were above or equivalent to Jones' score were Caucasian. <p> After the initial screening process. Haydon was required to use his judgment to select the individuals who he thought best suited KCK/OHA's needs rather than to automatically select applicants on the basis of the scores given by the assessment panel.<a href=
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1527.PDF">OPINION/ORDER</A><BR>
The Immigration and Naturalization Service was abolished. Its immigration enforcement function was transferred to the Bureau of Immigration and Customs Enforcement in the newly created Department of Homeland Security. His petition alleged that he was entitled to immediate release because § 1226(c)'s mandatory detention requirement was unconstitutional as applied to him. Gonzalez is a native and citizen of El Salvador. Gonzalez was found guilty of possession of a controlled substance. Was sentenced to two years of 1 (...continued) avoid confusion. Many of the immigration regulations at issue in this case recently were reclassified. Gonzalez was subject to mandatory detention pending removal proceedings under § 1226(c) because he was removable as an alien convicted of an aggravated felony and of a state drug offense. Bond was not available to Mr. He 2 8 U.S.C. § 1227(a)(2)(A)(iii) provides:
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Voelker appeals from the district court's dismissal of his claims for breach of OE The opinion in this case was originally published on November 3. This revised opinion is substituted for the opinion published November 3. We assume that the facts alleged in the complaint are true. This warranty was to begin
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Post trial motions were denied. Which is headquartered and incorporated in Florida. United States District Judge for the Eastern District of Missouri. 2 Rawlings and Matrix executed the contract which is the subject of this litigation. The license was to continue so long as certain conditions were satisfied. The other party was entitled to terminate the contract if the breaching party did not cure the breach within thirty days after the written notice. The contract was to be governed by the law of Delaware. There was testimony at trial that annual sales of Rawlings bags were about $300. In the next several years they declined and were at about $865. For some time Rawlings had been concerned with the decline in its bag sales and believed that Matrix was uninterested in growing this business and was not using its best efforts to foster and develop its products. Rawlings management expressed concern that the bag line was stagnant. Rawlings was dissatisfied with Orloff's response to these concerns. During that same month K2's consolidation plans were carried out.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1444.PDF">OPINION/ORDER</A><BR>
We assume that the facts alleged in the complaint are true. This warranty was to begin
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/03/97-6001.htm">97-6001 -- PIERCE V. SHORTY SMALL'S OF BRANSON INC. -- 03/03/1998<BR></A><BR>
Alleging he was sexually harassed and subjected to a hostile work environment while working at one of defendant's restaurants in Missouri. <u>See</u> Title VII of the Civil . Contending venue was not proper in the Western District of Oklahoma. Which the unlawful employment practice is alleged to have been committed. In the judicial district in which the employment records relevant to such practice are maintained and administered. Or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice. If the respondent is not found within any such district. Courts that have addressed this issue have concluded the decision of whether to dismiss or transfer lies within the sound discretion of the district court. <u>See</u> <u>Minnette v. The district court's determination of where the action may be brought involves an interpretation of the venue statute and is. (2) plaintiff's employment records were prepared and maintained in that state. (3) Missouri is where the plaintiff would have worked but for the asserted unlawful employment practice.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/04/99-2125.htm">99-2125 -- SILVA V. GOODWILL INDUSTRIES OF NEW MEXICO INC. -- 04/07/2000<BR></A><BR>
On his claim that he was discharged due to reverse gender discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII). We affirm. <p> Silva was employed as a vocational coordinator in Goodwill's facility rehabilitation department. His employment was terminated the day after he staged a loud. Who was not in the facility at the time. After his employment was terminated by Goodwill. Silva filed the instant lawsuit alleging that he was discharged because his supervisor had a
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/04/99-7042.htm">99-7042 -- CHICKASAW NATION V. U.S. -- 04/05/2000<BR></A><BR>
The Nation alleges that these taxes were unlawfully assessed against its pull tab gaming activities pursuant to 26 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/01/96-3150.htm">96-3150 -- LAW V. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION -- 01/23/1998<BR></A><BR>
Circuit Judge. <p> <hr align=
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Christopher had backed onto the outfield grass between first and second base when a groundball was hit his way. Christopher's pupil is now permanently dilated. Christopher alleges that the defendants easily could have repaired the hazardous lip after the first injury but neither fixed the defect nor warned him of its existence. The district court reasoned that the defendants had no control over when and where a softball would bounce and thus could not have been deliberately indifferent. We review the district court's § 1915A dismissal de novo and will affirm if it appears beyond doubt that no set of facts can sustain Christopher's claim for relief. As we have said repeatedly. Fact pleading is not necessary to state a claim for relief. His allegations of personal involvement are limited to Karl Gast (or Gatz). We have thus assumed that he seeks to proceed only against those three in their individual capacities. This is where Christopher's complaint falters. The question of the defendants' culpability is subjective.
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3942.PDF">OPINION/ORDER</A><BR>
We have concluded that oral argument is unnecessary. The appeal is submitted on the briefs and the record. Nonahal served 31 months in prison and is currently serving a three year term of supervised release. Nonahal is currently living in the Central District of California and reporting to a probation officer there. His term of supervised release is scheduled to end in October 2003. One condition of that release is that Mr. Another condition is that he report to his probation officer in person each month. Nonahal had been studying dentistry at Marquette University but was dismissed for academic reasons. His notice of appeal was filed outside the ten day window as the counting rules then worked. 762 63 (7th Cir. 2000) (appeal from ruling on petition for clarification of conditions of supervised release is criminal in nature). The Government suggests in its brief that this case is moot because Mr. There is no longer sufficient time for him to do so. Nonahal was asking for a modification of the conditions of his supervised release.
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1421.01A">OPINION/ORDER</A><BR>
Were correctly applied to a high school student before his suspension. The district court granted judgment as a matter of law for the school committee members and found that the process given appellant was adequate. Were treated to insulting comments about their appearance or social conduct. More than sixty seniors were characterized by epithets that were not merely insulting as to appearance. The sequence of events leading to appellant's suspension is the following. Some fifteen students were gathered in the home of one of them when the list was created by someone still unknown. They were delivered to the school soon after. After it was discovered by a faculty member the next day. Principal Ritchie announced to the school that the list was harmful and degrading. Since the photocopying was outside of school premises. They were not subject to school discipline. Principal Ritchie met with other students and compiled a list of fifteen students who were said to be present at the creation of 3 the list. A letter was sent to the fifteen.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/99-4131.htm">99-4131 -- U.S. V. MOJICA -- 05/30/2000<BR></A><BR>
Mojica's sentence are undisputed for purposes of our review. Mojica was convicted of several crimes associated with a domestic violence charge in the Utah state courts in February 1998. She threatened to turn him in to the police for violation of probation in the domestic violence case because the shotgun was in the house. Rios was not at home. Mojica in the parking lot of his apartment complex while he was carrying the unloaded shotgun and fifteen rounds of ammunition in the carrying case. <p> <center>APPLICABLE LAW</center> <p> In September 1996. 922(g) was amended to make individuals who had . The applicable Sentencing Guidelines were amended effective November 1. Mojica was sentenced at base offense level 12 pursuant to a two point reduction for acceptance of responsibility. <em>See</em> U.S.S.G.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/99-6036.htm">99-6036 -- U.S. V. GILES -- 05/19/2000<BR></A><BR>
We are asked to determine whether an individual who traffics in trademarks which are not attached to any goods or services violates the federal criminal trademark infringement statute. The items at issue in this case are wholesale
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1997/97a1580p.txt">OPINION/ORDER</A><BR>
SER contends that PP&L impermissibly curtailed purchases of SER generated electric energy and that SER was therefore unable to compete with PP&L in the provision of electric energy to consumers in the retail market and resellers in the wholesale market. SER is PP&L's supplier. That PP&L's generation curtailment policy does not create an injury of the type the antitrust laws were intended to prevent. We will affirm. Any person who owns or operates facilities used to transmit or sell electric energy in interstate commerce is subject to the jurisdiction and regulatory power of the Federal Energy Regulatory Commission (
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7EB17209986BA93E88256B42007AD692/$file/0056479.pdf?openelement">OPINION/ORDER</A><BR>
Arguing that he is entitled to reasonable attorneys' fees and costs under both federal and state law. We have jurisdiction under 28 U.S.C.§ 1291. I. FACTUAL BACKGROUND Victor Barrios is an assistant baseball coach for Westminster High School. Westminster High School is a member of both the CIF and CIFSS.2 Barrios has been paraplegic since 1992. When the attorneys' fees motion was filed. 2 The CIF is a statewide. CIF is broken down into 10 geographical regions. One of which is CIFSS. Barrios' athletic wheelchair was specially adapted for the rigors of sports. Where it is commonplace for collisions to occur both with other wheelchairs and with able bodied referees. According to the manufacturer of Barrios' wheelchair:
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-2010.01A">OPINION/ORDER</A><BR>
Christian Na were on brief for appellee. Defendant appellee is the City of Boston. It is necessary to follow its procedural path. In October of 1988 Hardemon was a recruit police officer at the Boston Police Academy. He was discharged from the academy because of unsatisfactory character and failure to adhere to the standard of performance required of Boston Police officers. The case was removed to the United States District Court for the District of Massachusetts in February. The only claim left extant for trial was a denial of substantive due process because of the failure of the BPD to advise Hardemon of his post termination right to appeal. All the other claims were waived or found by the district court to be not triable. The City of Boston shall petition the Massachusetts Criminal Justice Training Council to hold a hearing to consider: (a) whether Joseph Hardemon was properly dismissed. Pursuant to the court's order a BPD disciplinary hearing was held in February 1996 before a tribunal. The tribunal decided that the dismissal was justified and supported by a preponderance of the evidence.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/99-6036a.htm">99-6036 -- U.S. V. GILES -- 05/19/2000<BR></A><BR>
A revised opinion is attached. <p> Entered for the Court <p> PATRICK FISHER. We are asked to determine whether an individual who traffics in trademarks which are not attached to any goods or services violates the federal criminal trademark infringement statute. The items at issue in this case are wholesale
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<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
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/09/961856P.pdf">OPINION/ORDER</A><BR>
That the parties have been unable to reach an agreement. I. Establishment of Voyageurs National Park was authorized in 1971. Although snowmobiling generally is prohibited in national parks. The regulations were illegal. The pertinent sections have not been amended since the time period relevant to this case. 3 2 population. Could lead to cumulatively significant negative effects if the disruptions were frequent. Which was renewed in 1993 and 1994. A summary of the information on which the opinion is based. The closure order was issued through
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3043.PDF">OPINION/ORDER</A><BR>
She was appointed Director of the Respiratory Therapy Program. She also was credited with three years toward tenure. Her salary was $45. Cullen was granted tenure at Indiana University. She was promoted to full professor in April 1995. The average of SOAHS faculty increases was 3.25% per year. Ph.D. was hired by Dean Sothmann as Program Director for Physical Therapy and as a tenured associate professor at a salary of $90. Before he was hired by the University. Quillen was Chair of the Department of Physical Therapy at the College of Mount St. He was paid a comparable salary in the
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BF7AED3870353A3E88256C8D00576B6C/$file/0135472.pdf?openelement">OPINION/ORDER</A><BR>
CV 01 00010 EJL *Ann Veneman is substituted for her predecessor. P. 43(c)(2). **Dale Bosworth is substituted for his predecessor. We have received amicus briefs from: Washington Legal Foundation and United States Senators Larry E. VENEMAN that the Roadless Rule was promulgated without proper process and that it is invalid. An appeal was taken in both cases by intervenors. We consolidated the appeals and have jurisdiction under 28 U.S.C. § 1292(a)(1). That plaintiffs have standing to challenge the Roadless Rule. The co plaintiffs joined with the Kootenai Tribe are: the BlueRibbon Coalition. There are now 58.5 million acres of inventoried roadless areas in the National Forest System. 2.8 million acres of roadless areas have been developed by the Forest Service. Against the Forest Service on This is perhaps reminiscent of George Orwell's
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2880.PDF">OPINION/ORDER</A><BR>
Plaintiffs are 18 of 51 forensic scientists (to whom we refer as the Scientists) who worked for the Chicago Police Department (CPD) crime lab until July 1996. When they were transferred en masse to the Illinois State Police (ISP). A majority of which were members of racial or ethnic minorities. One year after this lawsuit was filed. We conclude that any errors it made in the No. 02 2880 3 instructions were harmless. Two African Americans and one Hispanic were transferred to ISP as supervisors. Over 90% of the forensic scientists at ISP were Caucasian and there were no minority supervisors. It was also true that CPD group was more experienced than their ISP counterparts. 18 of the 51 who were transferred. Although half of the transferring group was Caucasian. The Scientists' theory was that ISP paid them less because the group as a whole was identifiably minority and stood in sharp contrast to ISP's predominately Caucasian workforce. Each applicant is graded and then placed on an 4 No. 02 2880 interview list if he or she meets the stated job requirements.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jul2001/001438.txt">OPINION/ORDER</A><BR>
I. Robert was a victim of sexual abuse. These claims are not before us in this appeal. 2 molested his younger brother. When Robert was 13. A
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<TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1589.01A">OPINION/ORDER</A><BR>
Linda Steinman were on brief. This is a tale of an American icon. Faigin's case against Kelly was tried to a jury over a 19 day span and resulted in a defendant's verdict. The founders' game plan was to furnish contract negotiation services through Lustig Pro Sports. He was a shareholder. He a was a principal in L & F. Was thought to be the most lucrative in the league's history. Faigin noted that Lustig's investment advice and other business decisions were largely self serving.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/10/96-1500.htm">96-1500 -- BROOKS V. TIMBERLINE TOURS, INC. -- 10/30/1997<BR></A><BR>
Was injured and her minor son was killed in a snowmobile accident while participating in a snowmobile tour conducted by Defendant Timberline Tours. Which are related to or are in any way connected with my participation in this activity. I FULLY RECOGNIZE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED WHILE I AM ENGAGED IN THIS EVENT. I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST TIMBERLINE TOURS. We affirm. <p> Whether an exculpatory release is valid is a question of law for the court to determine. <u>Jones v. The validity of an exculpatory release is an appropriate issue for summary adjudication. (3) whether the contract was fairly entered into. (4) whether the intention of the parties is expressed in clear and unambiguous language. <u>Id.</u> The parties agree that only the fourth <u>Jones</u> factor. Is at issue in this appeal. <p> Under the standard expressed by the Colorado Supreme Court in <u>Heil Valley Ranch. The release agreement in this case is clear and unambiguous. The release provisions are written in simple.
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<TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/962883P.pdf">OPINION/ORDER</A><BR>
Were consolidated for pretrial proceedings in the Eastern District of Missouri. Eleven of the cases were dismissed. Holding that the plaintiffs lacked standing to sue because they were indirect purchasers within the meaning of Illinois Brick Co. v. Even if the plaintiffs were not indirect purchasers. They were nevertheless inappropriate plaintiffs under the standards set forth by the Supreme Court in Associated General Contractors of California. I. Since the case was dismissed on the pleadings. We may affirm a dismissal on the pleadings
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-6312.wpd">OPINION/ORDER</A><BR>
The case is therefore ordered submitted without oral argument. Schlussler Womack was employed by Chickasaw Technology Products. She informed the Human Resource Manager that she was not satisfied with management's explanations and that she was seeking outside assistance. Her employment was terminated effective immediately. She was escorted off the property. Alleging that her employment was terminated because she questioned Apigent's administration of the Employee (1) This order and judgment is not binding precedent. Such retaliation was in violation of the Employee Retirement Income Security Act of 1974 (ERISA). Alleging that Chickasaw was Apigent's parent and alter ego. Therefore it was responsible for Apigent's ERISA violations. It was never served in this action. Chickasaw filed a motion for summary judgment arguing that it was separate from Apigent and not vicariously liable for Apigent's actions. Schlussler Womack stated that the case was in its initial stages and that she had not yet been able to pursue discovery.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-1546.html">OMEGA ENGINEERING, INC V. RAYTEK CORP<BR></A><BR>
Inc.<span style='mso spacerun:yes'> </span>Of counsel on the brief were <u>Peter W. With him on the brief were <u>Robert L. Which are also called radiometers.</p> <p class=MsoNormal style='line height:200
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june2002/01-10478.opn.html">COGGIN AUTOMOTIVE CORP. V. COMMISSIONER (6/6/2002, NO. 01-10478)<BR></A><BR>
Received two notices of deficiency from the Commissioner of the Internal Revenue Service (Commissioner) alleging additional tax due.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1679.PDF">OPINION/ORDER</A><BR>
There were eleven robberies resulting in a twenty one count indictment. The defendants sought to admit this evidence to demonstrate that they were not the robbers. The district court reasoned that without an expert witness's explanation the reports were of no evidentiary value. Who was to testify about the confession of co defendant Fleming. Sutton was tried for the Midwest Bank robbery in a state court proceeding held in Dane County Circuit Court. Testified that they were together at a place far from the bank during the Midwest Bank robbery. Sutton was acquitted by the jury in that trial. Fleming and Sutton were convicted by the district court of multiple counts of conspiracy to violate. Not every defendant was charged in every substantive count because not all defendants were involved in every robbery. Although found guilty of all the other counts with which he was charged. Fleming was found not guilty of using a firearm in the Clark Retail Enterprises robbery (Count 9). Which is not at issue in this appeal.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb1995/95a0976p.txt">OPINION/ORDER</A><BR>
The identity and number of whom is presently unknown to the plaintiffs. We will affirm on all counts except the claim of excessive force against police officers Helen K. Were in their home in Manalapan. Kirkland of the Township of Manalapan Police Department was the first to respond. Groman were attempting to place Mr. Exactly what happened next is hotly contested. Groman was standing still. Was an unprovoked assault against a small elderly man. She observed that Groman was combative and that he smelled of alcohol.[fn3] According to plaintiffs. Groman was a stroke victim. Who was assaulted by a police officer dispatched to assist him. Defendants portray Groman as a violent drunk and claim Kirkland's response was the appropriate reaction to a dangerous situation. He was not cooperative. The first aid squad was called again. Groman's daughter asserts his pants were doused in alcohol when she picked him up from the police station. He was acquitted on all counts after a bench trial in the Manalapan Township Municipal Court.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb1995/94a0976p.txt">OPINION/ORDER</A><BR>
The identity and number of whom is presently unknown to the plaintiffs. We will affirm on all counts except the claim of excessive force against police officers Helen K. Were in their home in Manalapan. Kirkland of the Township of Manalapan Police Department was the first to respond. Groman were attempting to place Mr. Exactly what happened next is hotly contested. Groman was standing still. Was an unprovoked assault against a small elderly man. She observed that Groman was combative and that he smelled of alcohol.[fn3] According to plaintiffs. Groman was a stroke victim. Who was assaulted by a police officer dispatched to assist him. Defendants portray Groman as a violent drunk and claim Kirkland's response was the appropriate reaction to a dangerous situation. He was not cooperative. The first aid squad was called again. Groman's daughter asserts his pants were doused in alcohol when she picked him up from the police station. He was acquitted on all counts after a bench trial in the Manalapan Township Municipal Court.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/98-1453.htm">98-1453 -- CORDER V. DENVER, CITY AND COUNTY -- 08/31/2000<BR></A><BR>
FACTS AND PROCEDURAL HISTORY <p> The following statement of facts is set forth in the light most favorable to Corder. Corder is six feet. Although the events immediately preceding and following Corder's exit from the restaurant are not clear. Arrived at the scene and Corder was placed under arrest. Corder was loud. Verbally threatening. <p> After Corder was arrested. A sheriff's transport van was called to transport him to the jail. After the van doors were closed. Who was still in handcuffs. The four Denver police officers were behind and to the sides of Corder. While the two Deputy Sheriffs were restraining him by the arms or wrists. Yelling that he was burning and
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-4082.htm">99-4082 -- FEMEDEER V. HAUN -- 08/28/2000<BR></A><BR>
Apparently wishing to prevent widespread disclosure of his status as a sex offender. <p> Proceeding under a pseudonym in federal court is. We have recognized that there may be exceptional circumstances warranting some form of anonymity in judicial proceedings. As the Eleventh Circuit has explained: <p> Lawsuits are public events. The risk that a plaintiff may suffer some embarrassment is not enough. <p> <u>Doe v. We have held that it is proper to weigh the public interest in determining whether some form of anonymity is warranted. . It is difficult to apply legal principles of res judicata and collateral estoppel. The disclosure of Appellee's identity in the caption of this lawsuit is not coterminous to the harm he is seeking to avoid by filing this claim. The posting of his identity and other personal information on the Internet is likely to be more extensive than is the exposure resulting from his name on the caption of this lawsuit. Those using the courts must be prepared to accept the public scrutiny that is an inherent part of public trials. <p> Within twenty days.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-7089.htm">99-7089 -- JOHNSON V. GIBSON -- 08/16/2000<BR></A><BR>
Petitioner was convicted of the shooting death of Shirley Mooneyham. Will not be entitled to habeas relief unless the state court's adjudication of the merits of his claims
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may96/93-5137.opa_fn.html">OPINION/ORDER</A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name=
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1372A.PDF">OPINION/ORDER</A><BR>
A vote of the panel and active members of the court was requested. The petition for rehearing en banc is therefore DENIED. 2 No. 02 1372 EASTERBROOK. Nor did the panel recognize that it was going into conflict with other circuits that have rejected materially identical arguments. Whether governments must make speech exceptions to neutral statutes is an important and recurring question. Where the Chicago Bulls and Chicago Blackhawks play their home games.1 United Center is in a high density residential area. 000foot rule relieved.2 Our panel did not say that there is a material dispute that must be resolved at trial but dismissed the City's evidence out of hand as
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19955432.OPA.pdf">OPINION/ORDER</A><BR>
Rejecting Jordan's claim for a portion of Time's profits and his claim that the infringement was willful. Jordan argues the jury instructions on the issue of damages were erroneous. Jordan is precluded from appealing any question related to actual damages. Pat Jordan is a professional author who has written over forty articles for Sports Illustrated magazine (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/12/99-2215.htm">99-2215 -- SCULL V. STATE OF NEW MEXICO -- 12/22/2000<BR></A><BR>
Reed's claims is that the Appellees unlawfully detained him for thirty days without initiating extradition proceedings. The district court held that the Appellees were entitled to summary judgment. Concluding that the Appellees were immune from the
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1997/97a1692p.txt">OPINION/ORDER</A><BR>
When Bey's death sentence was subsequently vacated and the convictions for the murder and sexual assault of one of the victims were reversed. Bey was again found guilty and this time received a sentence of life imprisonment. After Bey's convictions were affirmed on direct appeal. We hold that there was no violation of Bey's Sixth Amendment right to counsel because there was no 2 deliberate elicitation of incriminating information for use in connection with his prosecution. We also hold that there was sufficient evidence at Bey's second trial to support the jury's findings of guilt. We will affirm the district court's judgment. I. FACTUAL AND PROCEDURAL BACKGROUND The bruised and battered body of Cheryl Alston was found by a jogger on April 2. Bey was arrested on May 6. He was convicted for the murder. Aggravated sexual assault of Alston and two days later was sentenced to death. Because he had been a juvenile at the time of the offense and was therefore not eligible for the death penalty. Bey was also convicted of murdering Carol Peniston in 1983.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8407B7C60D0F634D88256C2F005AB250/$file/9935490.pdf?openelement">OPINION/ORDER</A><BR>
Prince's club was recognized only as a
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1997/97a1670p.txt">OPINION/ORDER</A><BR>
Profession or trade
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-1167.html">FIELDTURF, INC., ET AL. V. SOUTHWEST RECREATIONAL INDUSTRIES, INC.<BR></A><BR>
Argued for plaintiffs appellants.<span style='mso spacerun:yes'> </span>With him on the brief were <u>Christopher T. New York.<span style='mso spacerun:yes'> </span>Of counsel on the brief were <u>Arthur S. Argued for defendant appellee.<span style='mso spacerun:yes'> </span>With him on the brief was <u>Diane M. Carlton</u>.<span style='mso spacerun:yes'> </span>Of counsel were <u>Gwendolyn R. We vacate and remand that portion of the district court s judgment pertaining to non infring
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0168FFB46E51AC548825718F00493302/$file/0356621.pdf?openelement">OPINION/ORDER</A><BR>
Both these ordinances and Santa Monica's administrative interpretation of them have changed substantially. Appellants' persistent urging and Santa Monica's willingness to change its regulations have together produced a transformation in the applicable permitting scheme that to the credit of all par SANTA MONICA FOOD v. We hold that Santa Monica's Community Events Ordinance is. Is not constitutionally sound and cannot be enforced. The facial challenges to other ordinances either are moot or fail on the merits. We are not to be understood as having reviewed or approved aspects of the ordinances or implementing regulations not here challenged. We have endeavored throughout to be quite specific about the limited nature of the challenges to which we respond. 2 Santa Monica has requested that we take judicial notice of six documents: Staff Report. Santa Monica submits that each document is a certified public record. The first four documents are on file with the City Clerk of the City of Santa Monica. The remainder can be accessed at Santa Monica's official website found at www.santa monica.org/ccs/events and are on file with the Open Space Management Division of the Community and Cultural Services Department of the City of Santa Monica.
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<TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/April1995/95a1019p.txt">OPINION/ORDER</A><BR>
Because we concur that PNI could not have recouped the investment in predation it might have made. We will affirm. Those appearing directly on newspaper editorial pages are called
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/998C4FAC8B2B2708882569F1005FA015/$file/0016401.pdf?openelement">OPINION/ORDER</A><BR>
Circuit Judge: Plaintiffs are engaged in the commercial recording. Inc. (
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19963483.MAN.pdf">OPINION/ORDER</A><BR>
These ceremonies are by invitation only. Are generally attended by the families and friends of the graduates. The occasion is celebratory but dignified. Foto chose not to bid on these contracts although it is in the business of taking the same type of graduation photographs and soliciting their sale to the graduates. It has presented itself and its equipment at the ceremonies of these schools and attempted to photograph the graduates in order to solicit sales of the photographs.1 The universities concede that Foto may attend and take a limited number of photographs from the designated seating area just as parents are permitted to do. Foto makes the specious argument that this is all it wishes to do. If this were so. Is that it has the same right as the successful commercial photographer bidder to attend the graduation ceremonies and take pictures for a commercial purpose.2 The parties agree that the universities prohibit Foto from taking a photograph of each graduate in order to solicit the sale of that photograph to the graduate.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/10/02-1391.htm">02-1391 -- GOEBEL V. DENVER AND RIO GRADE WESTERN RAILROAD CO. -- 10/09/2003<BR></A><BR>
He was injured on the job during a mishap in the Moffat Tunnel in Colorado which involved exposure to high elevations and diesel fumes. Details of the mishap as described in <u>Goebel I</u> are incorporated by reference. 215 F.3d at 1085 87. Goebel's injury was his exposure to a unique environment. One which is relatively simple to explain on the basis of the fundamental physiology. All of these pieces have been looked at in separate events. We will not disturb the district court's ruling unless it is
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3624A.PDF">OPINION/ORDER</A><BR>
Informing him that he was banned from all public parks under the City's jurisdiction. Children were the victims. Doe was arrested for peeping into the windows of an apartment in West Lafayette. Doe was arrested for public intoxication and resisting law enforcement following a report that he was tapping on the rear window of a female's house. Which was finalized in 1991. Doe was placed on house arrest from January of 1992 to January of 1996. He then was on probation until early January of 2000. They were underage. They were behind the there's a dropoff. They were down in that area. Q. What was your purpose in going to Murdock Park that Saturday evening? As I was going home that night. I was at Columbian Park. I guess I was. I was in the mood of cruising. Q. Were you having those urges that night? What were you thinking about? ... My thoughts were thoughts I had before when I see children. Those thoughts were there. They were just thoughts. Was aware of Mr. Chief Reed explained that he gave this advice
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3624.PDF">OPINION/ORDER</A><BR>
John Doe was banned for life from all park property in the City of Lafayette. BACKGROUND No. 01 3624 John Doe is a convicted sex offender. His last conviction was in 1991. Doe's crimes were committed in schools. He claims that his urges are triggered by emotional vulnerability. His psychologist opines that he will likely have these urges for the rest of his life. Doe was driving home from work and began to have sexual thoughts about children. Because he was upset about the incident. Is far from clear. There is no evidence that he got out of his car or even stopped his car at the first park. The thoughts he had while he was there. Although all acknowledge that Doe was no longer serving a sentence or on probation.3 As a result of this conversation. Nor was Doe afforded an opportunity to appeal.4 The ban order is both geographically and temporally broad. The City of Lafayette's extensive park system 2 Doe's psychologist testified that his ability to go to the park and manage his impulses is a positive step in his treatment and helps integrate Doe into a more normal lifestyle.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug99/98-4795.man.html">OPINION/ORDER</A><BR>
The district court's order also was not certified pursuant to Fed.R.Civ.P. 54(b). We requested the parties to respond to the question whether the bankruptcy court's order was final and appealable. Both the Trustee and Boomer's contend that the order is appealable because it completely resolved the Trustee's claim against Boomer's notwithstanding the unresolved claims against the individual defendants. Both parties also contend that certification for immediate review under Fed.R.Civ.P. 54(b) was unnecessary for the bankruptcy court order to be appealable.</P> <P><CENTER>II.</CENTER> </P> <P> This court lacks jurisdiction over a district court's disposition of an appeal from a nonfinal bankruptcy order. <EM>See</EM> 28 U.S.C. § 158(d). Adversary proceedings generally are viewed as
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-2753.PDF">OPINION/ORDER</A><BR>
We are asked to reconcile two distinct provisions of the Bankruptcy Code: 11 U.S.C. § 363(f). The lease was never recorded. Substantially all of Qualitech's assets were sold at auction for a credit bid of $180 million to a group of senior pre petition lenders that held the primary mortgage on the Pittsboro property.2 On August 13. All persons and entities holding interests other than those expressly preserved in the Sale Order were barred from asserting those interests against 1 By the time Qualitech's assets were sold at auction. There were more than $380 million in secured claims against Qualitech's estate. The original amount of the mortgage held by these pre petition lenders was $170 million. The outstanding balance on that mortgage was more than $263 million. 2 4 No. 01 2753 the purchaser. With the result that Precision's lease and supply agreement were de facto rejected. Precision filed a diversity suit in the district court contending that New Qualitech was guilty of trespass. New Qualitech in turn asked the district court to refer Precision's complaint which was premised on the notion that Precision retained a possessory interest in the warehouse under the lease to the bankruptcy court.
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19965034.DIS.pdf">OPINION/ORDER</A><BR>
(3) compounds the error of a decision that is otherwise wrong on the merits. That is because section 1447(d) provides that an
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may98/96-3483.man.html">FOTO UNITED STATES, INC. V. BD. OF REGENTS OF THE UNIV. SYS. OF FLORIDA (5/20/1998, NO. 96-3483)<BR></A><BR>
These ceremonies are by invitation only. Are generally attended by the families and friends of the graduates. The occasion is celebratory but dignified.</P> <P> In order to make professional quality photographs available to their graduates. The successful bidders received exclusive contracts obligating them to photograph the graduates as they receive their diplomas and granting them the benefit of soliciting the sale of these photographs to the graduates.</P> <P> Foto chose not to bid on these contracts although it is in the business of taking the same type of graduation photographs and soliciting their sale to the graduates. It has presented itself and its equipment at the ceremonies of these schools and attempted to photograph the graduates in order to solicit sales of the photographs.<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/09A79051D36F904688256D2800740F6A/$file/0156044.pdf?openelement">OPINION/ORDER</A><BR>
Circuit Judge: Howard Bingham was pulled over by Manhattan Beach Police Officer Robert Schreiber in the early morning hours of 6580 BINGHAM v. Schreiber alleges that Bingham was driving erratically. Where he was held for several hours. JURISDICTION Although the denial of a summary judgment motion ordinarily is not appealable. We have jurisdiction over an interlocutory appeal when the ground for the motion is qualified immunity. Our jurisdiction generally is limited to issues of law. Where the facts are disputed. We assume that the version of the facts asserted by the non moving party is correct in determining whether the denial of qualified immunity was appropriate. 313 (1996) (holding the denial of summary judgment appealable where the denial
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0E65B93FADA9B1B388256D160073EA72/$file/0156266.pdf?openelement">OPINION/ORDER</A><BR>
Circuit Judge: Plaintiff Appellants are seven
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0FBA9B95AE4480E488256F380059B07C/$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.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/138E3FF000F652B088256E5A00707C60/$file/9955977.pdf?openelement">OPINION/ORDER</A><BR>
Is substituted for his predecessor pursuant to Fed. We have jurisdiction under 28 U.S.C. § 1291. I. BACKGROUND Rollins was injured in a car accident in August 1992. [fibromyalgia's] cause or causes are unknown. There is no cure. Its symptoms are entirely subjective. There are no laboratory tests for the presence or severity of fibromyalgia. The principal symptoms are
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200601/04-1366a.pdf">OPINION/ORDER</A><BR>
With him on the briefs were William E. With him on the brief were John H. Detroit News' decision to terminate his employment was motivated in part by Hydorn's protected union activity. That Detroit News failed to prove it would have fired him even in the absence of this activity. Senior Circuit Judge Edwards was in regular active service at the time of oral argument. * 3 251 N.L.R.B. 1083 (1980). That an employee's protected conduct was a motivating factor in the employer's decision. The burden of persuasion shifts
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/14ECC72A3D2BE1C988256BDC0080619B/$file/0056217.pdf?openelement">OPINION/ORDER</A><BR>
After Judge Paez was elevated to the Ninth Circuit. Circuit Judge: Plaintiffs Appellants are the trustees of the Diana Princess of Wales Memorial Fund (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/04/00-6071.htm">00-6071 -- MENDEZ V. BROWN -- 04/27/2001<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Plaintiff Ramon Mendez appeals from the district court's grant of summary judgment. Plaintiff filed a motion for reconsideration on the grounds that the failure to respond to the summary judgment motion was due to mistake. That is. We impose this rigorous standard because entry of an adverse judgment for violation of a local rule is a severe sanction that is appropriate only when a lesser sanction would not serve the ends of justice.<a href=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/97-9095.man.html">SNAPPER, INC. V. REDAN (4/5/1999, NO. 97-9095)<BR></A><BR>
A district court's remand order is reviewable when the court issued the order to enforce a contractual forum selection clause. Because we conclude that appellate review is available in this context. This new arrangement also seems to have been mutually satisfactory. The six individuals thus made liable are Steven I. Snapper demanded that KPM purchase more inventory than KPM could sell to its dealers so that Snapper would not have to close a manufacturing plant. Seeking to have the case transferred to New Jersey to be consolidated with the New Jersey action. Concluding that removal premised on diversity jurisdiction was a right based on domicile. We hold today that the district court's interpretation of the forum selection clause is subject to appellate review and affirm the order on the merits.</P> <P><CENTER>II. REVIEWABILITY</CENTER> </P> <P> There are two potential obstacles to appellate review in this case. Even if the final judgment rule is satisfied. Because we conclude that the district court's order is final.
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We must address whether Clicks' claimed trade dress was nonfunctional. Whether there was a likelihood of confusion between the two establishments. Because there are disputed issues of material fact on each of these three questions. Sometime after the two Clicks facilities were already in existence. Was ostensibly involved in the design of Sixshooters both before and after he left Clicks. Clicks presented evidence that Chester and others affiliated with Sixshooters visited Clicks and engaged in detailed inspection and measuring of Clicks' interior features while the design of Sixshooters was being formulated. Clicks also claims that Sixshooters was built in the path of Clicks' planned expansion. 6737 In April 1997 Clicks filed suit under the Lanham Act. Various electrical details as well as air conditioning features to the extent they are part of the look. We must determine whether the district court correctly applied the relevant substantive law and whether there are any genuine issues of material fact. It is well settled that restaurants and similar establishments may have a total visual appearance that constitutes protectable trade dress.
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Is withdrawn. The petition for rehearing and the petition for rehearing en banc are DENIED. I. FACTS AND PROCEEDINGS BELOW John Dishman was Executive Director of the Adams. (4)
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I. FACTS AND PROCEEDINGS BELOW John Dishman was Executive Director of the Adams. (4)
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/02/01-3375.htm">01-3375 -- SIMMONS FOODS INC. V. CAPITAL CITY BANK -- 02/20/2003<BR></A><BR>
Became liable to Simmons for various alleged acts and omissions while Teets' assets were being managed and liquidated under the jurisdiction of the bankruptcy court. The substantive law will determine which facts are material. Because this is a diversity case. We apply the substantive law of Kansas as to issues where Kansas law is invoked. <u>See</u> <u>Wood v. We look only to those proceedings in evaluating Simmons' allegations. <p> Simmons' principal assertion is that Capital City failed to marshal assets. Exactly what assets should have been liquidated first or at least before Capital City collected part of its debt out of Teets' accounts receivable or for how much. Which was six and seven months. Collected on its debt through the liquidation of secured assets. <p> The equitable doctrine of marshaling of assets was recognized in Kansas prior to the enactment of the Uniform Commercial Code (U.C.C.) in that state. <u>Equitable Mortgage Co. v. There are no Kansas Supreme Court cases cited to us by Simmons recognizing or applying the doctrine after Kansas adopted the Uniform Commercial Code in 1962.
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Charles Burt was convicted by a jury of nine counts: seven counts of sexual exploitation of a minor. Photography was a hobby and an occasional side business for him. The warrant was executed. The first seven counts were for exploiting children in the production of pornography in violation of 18 U.S.C. § 2251(a). The evidence at trial was more extensive than we need recount here. We will focus on those aspects of the evidence that have been raised by Burt on appeal. The government's case was made up of three categories of witnesses. Both of whom were in prison for charges related to child pornography or child abuse and had been part of the group of child pornographers whose trail had eventually led to Burt's doorstep. The government established that photographs of young boys taken by Burt were the
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<TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200203/01-5223a.txt">OPINION/ORDER</A><BR>
With him on the briefs were David M. With her on the brief were Roscoe C. Circuit Judge: These are four consolidated cases on appeal from the judgment of the district court sustaining regulations of the National Park Service governing concession contracts in the National Park System. Many of the issues are tied to the history of the National Park System and the functions concessioners perform in the operation of the parks. The history begins with the discovery of
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/04/00-8031.htm">00-8031 -- TUSSHANI V. U.S. -- 04/05/2001<BR></A><BR>
Circuit Judges. <p> <hr align=
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/05/00-6369.htm">00-6369 -- DAVIS V. SIMON PROPERTY GROUP -- 05/24/2001<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Plaintiff Floyd Davis appeals from the district court's grant of summary judgment in favor of defendant Simon Property Group (Simon). Davis's response was due no later than September 18. Arguing that his post office box was
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Inc. (
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With him on the briefs were John M. With him on the brief were Wilma A. With him on the brief was Arthur B. Farris was on the brief for amicus curiae Home School Legal Defense Association. Holding that it violates the fundamental rights of minors and their parents and is unconstitutionally vague. Rehearing en banc was granted. Determining that juvenile crime and victimization in the District was a serious prob lem and growing worse unanimously adopted the Juvenile Curfew Act of 1995. The curfew contains eight
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr97/95-5432.opa.html">JORDAN V. TIME, INC.<BR></A><BR>
This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jordan v. Rejecting Jordan's claim for a portion of Time's profits and his claim that the infringement was willful. Jordan argues the jury instructions on the issue of damages were erroneous. Jordan is precluded from appealing any question related to actual damages. We reverse the district court's order denying Time's motion and remand the matter to the district court for further proceedings.<p> Pat Jordan is a professional author who has written over forty articles for Sports Illustrated magazine (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/06/00-1192.htm">00-1192 -- GILMER V. COLORADO INSTITUTE OF ART -- 06/19/2001<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> During discovery in this employment discrimination case. The court struck the portion of plaintiff's complaint to which the evidence was relevant. She further contends that the court's determination that she fabricated the evidence was incorrect. Whose parent corporation is defendant Educational Management Corporation.<a href=
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-1380.html">BERRY STERLING V. PRESCOR PLASTICS<BR></A><BR>
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With him on the briefs were Frank W. With her on the brief were Ann M. Taylor was on the brief for amici curiae National Coalition for the Protection of Children & Families. The statute is not enforced directly. Ruled that it was facially invalid as a violation of the First Amendment and enjoined its enforcement. Federal regulations authorized prison wardens to reject a publication
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2002/01-14431.opn.html">MEIER V. SUN INT'L HOTELS, LTD. (4/19/2002, NO. 01-14431)<BR></A><BR>
Plaintiffs were vacationing on Paradise Island in the Bahamas. Victor was struck by a commercial motorboat and sustained massive injuries. Victor was airlifted to Miami. He survived but lost his arm and was permanently disfigured. </P> <P> The Meiers subsequently filed this diversity action<A HREF=
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//alpha-idx.html">OPINION/ORDER</A><BR>
Eleventh Circuit
OPINION/ORDER
Is a former employee of James Cape & Sons (
OPINION/ORDER
Baumann were on brief. Were on brief. Were on the brief. Cosentino were on brief. Hochberg and Judith Jurin Semo were on brief. Royalties are apportioned among eight classes of claimants. In Phase II awards are made to individual copyright owners within each of the classes. The panel's proposal is then forwarded to the Librari an. Each of the petitioners here is a disappointed class claim ant challenging the Librarian's Phase I distribution of royal ties collected for the years 1990. Because our review of the Librarian's decision is limited. I. BACKGROUND In 1974 the Supreme Court ruled that a cable television system's retransmission of non network copyrighted pro graming to markets distant from those to which it was originally broadcast was not a
OPINION/ORDER
With him on the briefs were Jonathan S. With him on the briefs were Frank W. With him on the brief were David W. BellSouth says s 274 is an unconstitutional bill of attainder. Are singled 1 The order under challenge is Implementation of the Telecom munications Act of 1996: Telemessaging. BellSouth's challenge to the order is entirely derivative of its constitutional challenge to the statute. Although electronic publishing restrictions have usually amounted to little more than a subplot. In 1982 a consent decree was entered in settlement of the govern ment's 1974 antitrust suit against AT&T. The twenty BOCs eventually named in the 1996 Act were spun off from AT&T and grouped into seven regional Bell operating companies. Of which BellSouth is one.2 The MFJ initially prohibited the BOCs from providing
OPINION/ORDER
This disposition is not citable as precedent. It is a public record. JumpSport also appeals from the district court's grant of ICON's motion for summary judgment that ICON was not liable for contributory infringement of the '845 and '207 patents. The district court's grant of the defendants' motion for summary judgment that claims 16 and 40 of the '207 patent were invalid because of anticipation. Because the court did not err in holding that ICON is not liable for contributory infringement of the `845 and `207 patents and that claims 16 and 40 of the `207 patent were anticipated by the Curtis enclosure. Because the court did not abuse its discretion in determining that the patents were not unenforceable and in admitting noninfringement letters received by Jumpking and ICON into evidence.
Was injured and her minor son was killed in a snowmobile accident while participating in a snowmobile tour conducted by Defendant Timberline Tours. Which are related to or are in any way connected with my participation in this activity. I FULLY RECOGNIZE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED WHILE I AM ENGAGED IN THIS EVENT. I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST TIMBERLINE TOURS. Whether an exculpatory release is valid is a question of law for the court to determine. The validity of an exculpatory release is an appropriate issue for summary adjudication. (3) whether the contract was fairly entered into. (4) whether the intention of the parties is expressed in clear and unambiguous language. Is at issue in this appeal. The release agreement in this case is clear and unambiguous. The release provisions are written in simple. Clear terms that are free from legal jargon. The release is not inordinately long or complicated. When the agreement was read to Plaintiffs at their depositions.
This document was created from RTF source by rtftohtml version 2.7.5 > Jordan v. Rejecting Jordan's claim for a portion of Time's profits and his claim that the infringement was willful. Jordan argues the jury instructions on the issue of damages were erroneous. Jordan is precluded from appealing any question related to actual damages. We reverse the district court's order denying Time's motion and remand the matter to the district court for further proceedings.<p> Pat Jordan is a professional author who has written over forty articles for Sports Illustrated magazine (
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BD034D65A621747788256D8F00737CCE/$file/0156044.pdf?openelement">OPINION/ORDER</A><BR>
Circuit Judge: Howard Bingham was pulled over by Manhattan Beach Police Officer Robert Schreiber in the early morning hours of October 4. Schreiber alleges that Bingham was driving erratically. Where he was held for several hours. JURISDICTION Although the denial of a summary judgment motion ordinarily is not appealable. We have jurisdiction over an interlocutory appeal when the ground for the motion is qualified immunity. Our jurisdiction generally is limited to issues of law. Where the facts are disputed. We assume that the version of the facts asserted by the non moving party is correct in determining whether the denial of qualified immunity was appropriate. 313 (1996) (holding the denial of summary judgment appealable where the denial
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200210333.pdf">OPINION/ORDER</A><BR>
We are called upon to address two key issues: (1) the effect of the federal rule upon state antitrust law and (2) whether the exem ption extends beyond antitrust prosecutions into the realm of mere investigations. This holding is based upon the Fourth Amendment4 and state law rather than the antitrust exemption. Ct. at 2112 (stating that
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/994.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. We affirm the district court's disposition of the claims for which the certificate was granted. (3) that Virginia's
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992389A.P.pdf">OPINION/ORDER</A><BR>
OPINION PER CURIAM: This case was argued before the en banc Court on February 27. (2) holding that the establishment of a magnet schools program was an ultra vires. King and Gregory in the affirmative) attorneys' fees for work done on the unitary status issue are denied. Nominal damages and attorneys' fees in that regard are denied. The injunction is vacated. The imposition of sanctions is affirmed. The judgment of the district court is therefore affirmed on the finding of unitary status and the imposition of sanctions. The judgment of the district court vacating and dissolving all prior injunctive orders and decrees is affirmed. The Board is to operate the school system without the strictures of these decrees no later than the 2002 2003 school year. Circuit Judge: This case is hopefully the final chapter in the saga of federal court control over the Charlotte Mecklenburg Schools (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992389.P.pdf">OPINION/ORDER</A><BR>
As follows: On page 3 the list of amici curiae is corrected to read
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<TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1473.wpd">OPINION/ORDER</A><BR>
This is a class action filed in the United States District Court for the District of Colorado. There was subject matter jurisdiction under 28 U.S.C. 1331 and Fed. The instant appeal is from an order granting the motion of appellee Frederic B. All matters involving the original parties to this case have been settled. All that remained in the district court was the matter of attorneys' fees. Most disputes relating to fees were also settled. The district judge thus summed up the general nature of the issues presented on appeal:
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200310226.pdf">OPINION/ORDER</A><BR>
Facts Morris is a media company that publishes print and electronic newspapers. PGA is the sponsor of a series of professional golf tournaments throughout North America known as the PGA Tour. RTSS is an elaborate electronic relay scoring system that relies on state of the art computer technology and equipment as well as dozens of trained workers and volunteers. 2 RTSS works as follows. The scores are then collected by other volunteers. The scores of all participating golfers are then processed at the remote production truck and transmitted to PGA's website. Which are scores that are transmitted electronically nearly contemporaneously to their actual occurrence on the golf course. The compiled scores are also transmitted to an on site media center where members of the media are able to access the scores. The same information is also transmitted to various electronic leaderboards located throughout the golf course. The 3 only source of compiled golf scores for all tournament players is RTSS. The only physical location at which to obtain compiled golf scores is the media center.
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/891B04A1DF2186F188256E5A00707D14/$file/9955963.pdf?openelement">OPINION/ORDER</A><BR>
Is withdrawn. The petition for rehearing and the petition for rehearing en banc are DENIED. I. FACTS AND PROCEEDINGS BELOW John Dishman was Executive Director of the Adams. (4)
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200312591.pdf">OPINION/ORDER</A><BR>
In her lawsuit alleging failure to rehire or transfer after her position was eliminated. Informed Smith her job was being eliminated. She informed him she would take any position in the company and she was willing to relocate. Told Smith nothing was available for her at that time. The district court found Smith failed to produce any evidence she applied for a job or put JSL on notice she was interested in a specific position. Nondiscriminatory reason was a pretext to mask unlawful discrimination.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/12/01-3085.htm">01-3085 -- WAGNER-HARDING V. FARMLAND INDUSTRIES INC. EMPLOYEE RETIREMENT PLAN -- 12/10/2001<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Plaintiff Willie L. We have jurisdiction under 28 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug99/98-4795.man.html">OPINION/ORDER</A><BR>
The district court's order also was not certified pursuant to Fed.R.Civ.P. 54(b). We requested the parties to respond to the question whether the bankruptcy court's order was final and appealable. Both the Trustee and Boomer's contend that the order is appealable because it completely resolved the Trustee's claim against Boomer's notwithstanding the unresolved claims against the individual defendants. Both parties also contend that certification for immediate review under Fed.R.Civ.P. 54(b) was unnecessary for the bankruptcy court order to be appealable.</P> <P><CENTER>II.</CENTER> </P> <P> This court lacks jurisdiction over a district court's disposition of an appeal from a nonfinal bankruptcy order. <EM>See</EM> 28 U.S.C. § 158(d). Adversary proceedings generally are viewed as
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3B94966DAF35821688256E5A00707B29/$file/9955963.pdf?openelement">OPINION/ORDER</A><BR>
I. FACTS AND PROCEEDINGS BELOW John Dishman was Executive Director of the Adams. (4)
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept99/96-5491.man.html">UNITED STATES V. MILLER (9/17/1999, NO. 96-5491)<BR></A><BR>
Robert Wohlleber (
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<TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3629_039.pdf">OPINION/ORDER</A><BR>
Before us is an appeal in a series of diversity suits (which for the sake of simplicity we'll treat as one) against a number of Chicago banks by a title insurance company under the Uniform Fraudulent Transfer Act. Fidelity insured escrow accounts that were controlled by Intercounty Title Company. In this fashion money in the escrow accounts was funneled to them. This was only one of the methods that Intercounty's owners used to plunder the escrow accounts. Others are described in Fidelity National Title Ins. Fidelity wants to recover from the banks the money that was diverted to them (for the purchase of certificates of deposit) from the escrow accounts. That the banks' action in setting off the certificates of deposit against the Intercounty insiders' debts (which they did by selling the certificates and applying the proceeds to those debts) was a fraudulent transfer. Though it was a critical step in the transfer of money from the escrow accounts to the insiders. It was not until 2000 that Fidelity learned that money was missing from the escrow accounts that it had insured.
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During World War II Joseph Wittje was a member of the Waffen SS. Was born in 1920 and grew up in Deutsch St. Wittje attended school until he was fourteen and then worked as a bricklayer. The Soviet Union brought about political leaders who were strongly sympathetic to the Axis powers. Wittje was drafted into the Romanian Army and took part in the invasion of Russia (Romania contributed a significant number of troops to the invasion of Russia). Wittje was wounded near Stalingrad and was eventually returned to his home in Romania. Wittje was drafted by Germany pursuant to an agreement between Germany 2 1 Ethnic Germans were a significant part of Romania's population prior to World War II. Sachsenhausen (all facts that are not in dispute) in Part I of this opinion is drawn from the affidavit of Dr. Wittje was not assigned to the German Army. Was instead assigned to the militarized branch of the Schutzstaffel (the
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Circuit Judge: Although we have previously upheld application of a twolevel adjustment for obstruction of justice under USSG § 3C1.1 (Nov. 1998) for providing false information to a probation officer. We have never considered whether submission of a false financial affidavit to a magistrate judge for the purpose of obtaining appointed counsel is sufficiently related to the offense of conviction to support the adjustment. 1 This appeal requires us to do so. We hold that it is. 1 After counsel filed a motion to withdraw pursuant to Anders v. We directed the parties to brief the issue of whether the allegedly obstructive conduct submission of the false affidavit to a magistrate judge was
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/93opinions/93-1464a.html">MCI TELECOM CORP V. FCC<BR></A><BR>
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/97-9095.man.html">SNAPPER, INC. V. REDAN (4/5/1999, NO. 97-9095)<BR></A><BR>
A district court's remand order is reviewable when the court issued the order to enforce a contractual forum selection clause. Because we conclude that appellate review is available in this context. This new arrangement also seems to have been mutually satisfactory. The six individuals thus made liable are Steven I. Snapper demanded that KPM purchase more inventory than KPM could sell to its dealers so that Snapper would not have to close a manufacturing plant. Seeking to have the case transferred to New Jersey to be consolidated with the New Jersey action. Concluding that removal premised on diversity jurisdiction was a right based on domicile. We hold today that the district court's interpretation of the forum selection clause is subject to appellate review and affirm the order on the merits.</P> <P><CENTER>II. REVIEWABILITY</CENTER> </P> <P> There are two potential obstacles to appellate review in this case. Even if the final judgment rule is satisfied. Because we conclude that the district court's order is final.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/98opinions/98-5007.html">AIR LAND FORWARDERS, INC. V. UNITED STATES (3/26/1999, NO. 98-5007)<BR></A><BR>
With him on the brief was <u>Stanley I. With him on the brief were <u>David M. <u>Circuit Judge</u>.</p> <p> The appellants (
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200413653.pdf">OPINION/ORDER</A><BR>
The case was tried to a jury. Among them whether the court erred in instructing the jury that it could find copyright infringement if there were
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981627.U.pdf">OPINION/ORDER</A><BR>
No. 98 1627 Unpublished opinions are not binding precedent in this circuit. The case is remanded for new proceedings on what should be done about the late brief. This loan was secured by deeds of trust on Skinner's commercial real estate and on his home. The district court deferred a decision on the merits of that appeal and directed the bankruptcy court to determine the amount First Union was owed and report back to the district court. Who was instructed to send the brief to the court by express mail. There are two orders on appeal. We will first discuss the order denying the motion to reconsider because there the district court provided its reasoning in a memorandum. Which provides: On motion and upon such terms as are just. Including whether it was within the reasonable control of the movant. We have indicated that this approach is not limited to Bankruptcy Rule 9006(b)(1). The district court concluded (1) that
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4558CF875AD93D4B88256E5A00707AD0/$file/0016401.pdf?openelement">OPINION/ORDER</A><BR>
2001 in this appeal is amended as follows: 4222 Slip opinion at 2196. Nimmer On Copyright §§ 12.04[A][2] & [A][2][b] (2000) (confining Sony to contributory infringement analysis:
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8CCAA9E2E2A0A50988256E5A00707A45/$file/0016401.pdf?openelement">OPINION/ORDER</A><BR>
Circuit Judge: Plaintiffs are engaged in the commercial recording. Inc. (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/974970.U.pdf">OPINION/ORDER</A><BR>
No. 97 4970 Unpublished opinions are not binding precedent in this circuit. Filippi was convicted by a jury of sixty six counts of mail fraud. Filippi was president and treasurer of the company. Joan Upole was the only other shareholder. Upole was involved with Options Counseling Associates. Filippi and Upole met and drafted corporate minutes and resolutions which were backdated to 1994 and 1995. Filippi was paid $164. He was paid $381. Because the multiple count unit increase would have been lower if the offense level for the mail fraud group had been more than four levels less serious than the money laundering/obstruction of justice group. Two levels were added because there were two groups of counts and the offense level for the less serious group (the mail fraud group) was within four levels of the more serious group (the money laundering/obstruction of justice group). Because Filippi was in criminal history category I. The resulting guideline range was 51 63 months. I. Abuse of a Position of Trust Whether a defendant occupied a position of trust is a factual question reviewed for clear error.
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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.
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L.P. (
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<TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061694np.pdf">OPINION/ORDER</A><BR>
He contends that his conviction was flawed because of (1) alleged prosecutorial misconduct before the grand jury. (3) alleged error by the District Court in allowing his girlfriend to testify that Perez was a drug dealer. We find Perez's arguments devoid of merit and accordingly will affirm his conviction. Was in the vicinity of the Glam nightclub in Philadelphia when an assailant fired a gun in his direction. Only Compton was present. She told them about a green 1995 Pontiac Grand Am that was parked in an adjacent lot. Compton explained that she was the registered owner of the Grand Am the insurance was also in her name but Perez had paid for it. The officers confirmed that Compton was the registered owner. The duffel bag had a zipper which the recovering officer later recalled to have been at least partially open. He acknowledged that he owned the duffel bag that was found in the Grand Am's trunk. Perez first argues that the prosecutor committed misconduct before the grand jury by introducing evidence that Perez believes was prejudicial and lacking in foundation.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972314.U.pdf">OPINION/ORDER</A><BR>
For Appellees. 2 Unpublished opinions are not binding precedent in this circuit. I. Marlinton and Central Market are two grocery stores located in southeastern West Virginia and southwestern Virginia. He stated 3 that these meetings were in person. We recognized that on remand the district court would have to resolve the question of whether Marlinton had antitrust standing. Flav O Rich and Valley of Virginia were joint venture partners of Valley Rich. 3 See Supermarket of Marlinton. Arguing that the action was both time barred and that Marlinton lacked antitrust standing to bring suit because it could not prove that it purchased a price fixed product from any of the dairies during the relevant period. Who by then claimed to have a poor recollection of his price fixing discussions with Meadow Gold officials. (3) there was guaranteed pricing. (4) the milk was sold to a customer under a private label. Or (5) the milk was purchased from a distributor to whom Valley Rich sold milk. Valley of Virginia are the only defendants remaining in the case.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971833.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. Because the district court's findings of fact are not clearly erroneous and its conclusions of law are correct. Which apparently were to be attached to the three documents under negotiation in the event of an agreement between the parties. Chesapeake's three general partners each signed an affidavit (Partnership Affidavit) stating that the Purchase and Sale Agreement had been
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With him on the brief was Laura A. Because no rebuttal evidence was submitted by the patent holder. Inc. (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/01/01-4005.htm">01-4005 -- ERASMUS V. WAL-MART STORES INC. -- 01/04/2002<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Plaintiff Elena Erasmus. Federal jurisdiction is premised on diversity of citizenship pursuant to 28 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971399.P.pdf">OPINION/ORDER</A><BR>
Line 5 the cite to the law review article is corrected to begin
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9ADCCBD78DD98C4588256E1600730A29/$file/0256081.pdf?openelement">OPINION/ORDER</A><BR>
Federal rejected the tender on the grounds that there was no accident or occurrence as required under the policy. Although the lawsuit was styled as a RICO suit. It could have been construed or amended to assert damages for personal injury to children as a result of a gambling addiction. BACKGROUND Upper Deck is a manufacturer of sports and entertainment trading cards. Chase cards are coveted and can have substantial value due to their limited production. The chance of finding a chase card in a pack is typically displayed on the package's wrapping and other advertising materials. Upper Deck was named as a defendant in a class action lawsuit (
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AE0D80810913440D88256E5A00707B6B/$file/9917294.pdf?openelement">OPINION/ORDER</A><BR>
We must address whether Clicks' claimed trade dress was nonfunctional. Whether there was a likelihood of confusion between the two establishments. Because there are disputed issues of material fact on each of these three questions. Sometime after the two Clicks facilities were already in existence. Was ostensibly involved in the design of Sixshooters both before and after he left Clicks. Clicks presented evidence that Chester and others affiliated with Sixshooters visited Clicks and engaged in detailed inspection and measuring of Clicks' interior features while the design of Sixshooters was being formulated. Clicks also claims that Sixshooters was built in the path of Clicks' planned expansion. 6737 In April 1997 Clicks filed suit under the Lanham Act. Various electrical details as well as air conditioning features to the extent they are part of the look. We must determine whether the district court correctly applied the relevant substantive law and whether there are any genuine issues of material fact. It is well settled that restaurants and similar establishments may have a total visual appearance that constitutes protectable trade dress.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/02/01-1162.htm">01-1162 -- CALVERT V. ROADWAY EXPRESS INC. -- 02/19/2002<BR></A><BR>
The case is therefore ordered submitted without oral argument. <p> Plaintiff Ronald L. The ninety day filing deadline is a condition precedent to suit. It operates like a statute of limitations and is subject to estoppel. The pleadings were stamped by the clerk of the district court as
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<TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200710873.pdf">OPINION/ORDER</A><BR>
The basic facts are undisputed. Was burglarized and suffered a loss of six firearms and a small amount of cash. Officers determined that a minor was a suspect in the burglary. The minor admitted that he committed the burglary at Gateswood and that Taber was with him during the burglary. As the minor and Taber were leaving Gateswood. Who was a friend of the minor. The serial numbers were obliterated from the firearms at Shaffer's house. The minor and Taber each kept one of the firearms and the remaining firearms were left at Shaffer's house. Taber next observed the minor entering Gateswood through a window
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTA2OTktY3YgdyBFcnJhdGEucGRm/04-0699-cv%20w%20Errata.pdf">OPINION/ORDER</A><BR>
Inc. are wholly owned subsidiaries of defendant Clear Channel Communications. Which is based in Texas. 2 Defendant. Plaintiff's Allegations Live Concert Industry in General The following facts regarding the live concert ticket industry are alleged in the complaint. A live concert is the product of negotiations between a concert promoter. Is ordinarily also responsible for the expenses of a show he promotes. How Much is Too Much? Was the direct result of Clear Channel's intentional use of its dominance in other markets. Clear Channel's alleged anticompetitive actions have led to reduced competition in the concert promotion market. These alleged unreasonable restraints have resulted in artificially high concert ticket prices and a decrease in concert information available to consumers. Plaintiff insists that any procompetitive benefits of defendant's actions are outweighed by these anticompetitive effects. The district court observed that resolution of the class action motion boiled down to one pivotal question: whether the relevant market for assessment of plaintiff's § 2 claim was national.
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/dec95/95-2026.html">UNITED STATES V. PLATERO<BR></A><BR>
We have jurisdiction pursuant to 28 U.S.C. 1291. I A There was evidence presented by the government showing the following: After work on September 1. Laughlin was driving. Francis testified that she was reclined in her seat.
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTA2OTktY3Zfb3BuLnBkZg==/04-0699-cv_opn.pdf">OPINION/ORDER</A><BR>
Inc. are wholly owned subsidiaries of defendant Clear Channel Communications. Which is based in Texas. 2 Defendant. Plaintiff's Allegations Live Concert Industry in General The following facts regarding the live concert ticket industry are alleged in the complaint. A live concert is the product of negotiations between a concert promoter. Is ordinarily also responsible for the expenses of a show he promotes. How Much is Too Much? Was the direct result of Clear Channel's intentional use of its dominance in other markets. Clear Channel's alleged anticompetitive actions have led to reduced competition in the concert promotion market. These alleged unreasonable restraints have resulted in artificially high concert ticket prices and a decrease in concert information available to consumers. Plaintiff insists that any procompetitive benefits of defendant's actions are outweighed by these anticompetitive effects. The district court observed that resolution of the class action motion boiled down to one pivotal question: whether the relevant market for assessment of plaintiff's § 2 claim was national.
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<TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-1072.pdf">OPINION/ORDER</A><BR>
This disposition is not citable as precedent. It is a public record. Was not supported by substantial evidence. The stand is comprised of a one foot steel pipe (intended to contain the tree base). The stand also includes four screws that are meant to secure the tree by fitting into apertures that are evenly spaced around the steel pipe component. DFG's stand was colored green and red. He was granted U.S. Home Depot designed a heavy duty Christmas tree stand whose design was roughly similar to DFG's stand. Home Depot had arranged through IBC to have the stand manufactured by MA in China. When Home Depot later discovered that DFG's stand was covered by a design patent. A jury trial on DFG's trade dress and unfair competition claims was held. Several other manufacturers made and sold Christmas stands that were similar to the DFG stand. Those manufacturers are not parties to this action. DFG is not appealing the district court's grant of summary judgment on the design patent claim in this appeal. 04 1072. MA and IBC also appeal the district court's unfair competition verdict.3 DFG cross appeals the district court's reduction of the jury's punitive damage award against Home Depot as well as its determination that prejudgment interest is not available for Lanham Act violations.4 Because the district court's jurisdiction was based in part on 28 U.S.C. § 1338.
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0162n-06.pdf">OPINION/ORDER</A><BR>
Twenty nine full service wholesalers that are also direct distributors under distribution agreements with defendant appellee Philip Morris USA. Cigarette brands are divided into four price categories or
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/04/00-1271.htm">00-1271 -- ESSENCE INC. V. CITY OF FEDERAL HEIGHTS -- 04/08/2002<BR></A><BR>
Plaintiffs are Essence. Inc. because they were younger than twenty one at the time they sought employment. Federal Heights sought to regulate the location and operation of
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0005n-06.pdf">OPINION/ORDER</A><BR>
Which was recorded first. Was not released even though the outstanding balance on the promissory note secured 1 FNB has since merged with Fifth Third Bank. Which is named as defendant in this action. N.A. by FNB's deed of trust was paid in full at the time Redick entered into a subsequent deed of trust with Chase. Failed to follow up when confronted by information that should have raised concerns. Because our holding is grounded on the language of the deeds of trust and their accompanying promissory notes rather than upon the circumstances surrounding their negotiation. A lengthy factual recitation is unnecessary. It was recorded in Williamson County two days later. This statement is underscored in the following paragraph: 2 No. 06 5012 JPMorgan Chase. Whichever is greater. 000 that was a
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/97opinions/97-5293a.html">AMATEL JOSEPH V. HAWK, KATHLEEN<BR></A><BR>
With him on the briefs <p> <p> <p> were <i>Frank W. With her <p> on the brief were <i>Ann M. Taylor</i> was on the brief for amici curiae National <p> Coalition for the Protection of Children &. The statute is not enforced directly. Ruled that it <p> was facially invalid as a violation of the First Amendment and <p> enjoined its enforcement. Federal regulations authorized prison wardens <p> to reject a publication
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031137.P.pdf">OPINION/ORDER</A><BR>
Gators parking lot when he was struck by an automobile driven by another customer of A.J. Threats and blows were exchanged.
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTU4NTItY3YgQW1lbmRlZC5wZGY=/04-5852-cv%20Amended.pdf">OPINION/ORDER</A><BR>
Leo Kirch is the founder of KirchGroup. Who was the chief executive officer of Deutsche Bank. Stated during a German language interview by a journalist in New York City that Breuer doubted whether the financial community was willing to lend KirchGroup the money it needed to survive the liquidity crisis it faced. Kirch asserts that this statement was Less false and that Breuer knew it was false when he made it. 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 25 26 than three months later. The complaint was amended to add as a plaintiff International Television Trading Corp. (
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTU4NTItY3YgdyBFcnJhdGEucGRm/04-5852-cv%20w%20Errata.pdf">OPINION/ORDER</A><BR>
Leo Kirch is the founder of KirchGroup. Who was the chief executive officer of Deutsche Bank. Stated during a German language interview by a journalist in New York City that Breuer doubted whether the financial community was willing to lend KirchGroup the money it needed to survive the liquidity crisis it faced. Kirch asserts that this statement was 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 25 26 false and that Breuer knew it was false when he made it. The complaint was amended to add as a plaintiff International Television Trading Corp. (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/024944.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. Or campaign that is conducted through solicitation by telephone. Which is visited by millions of people. We dispense with oral argument because the facts and legal contentions have been adequately presented in the written materials before the court and argument would not aid the decisional process.
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/024710.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. Was sentenced to the statutory maximum term of five years imprisonment. He also contends that the eight level departure was excessive. Some victims called their local station to verify Taylor's claims and were thus convinced that he was legitimate. The air time was cancelled. Most of these people were never paid for their work. Taylor's offense level was 16. He was in criminal history category I. The district court gave notice twice before sentencing that it was considering an upward departure. The court stated that the focus of the third possible departure ground was
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<TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTU4NTItY3Zfb3BuLnBkZg==/04-5852-cv_opn.pdf">OPINION/ORDER</A><BR>
Leo Kirch is the founder of KirchGroup. Who was the chief executive officer of Deutsche Bank. Stated during a German language interview by a journalist in New York City that Breuer doubted whether the financial community was willing to lend KirchGroup the money it needed to survive the 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 25 liquidity crisis it faced. Kirch asserts that this statement was Less false and that Breuer knew it was false when he made it. than three months later. The complaint was amended to add as a plaintiff International Television Trading Corp. (
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0816n-06.pdf">OPINION/ORDER</A><BR>
The territorial rights to the Dayton market are owned by the Reds. Allen (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/00-3400.htm">00-3400 -- JONES V. EATON CORPORATION -- 06/24/2002<BR></A><BR>
The parties were not able to present oral arguments as scheduled. The case is therefore submitted without oral argument. <p> Gene A. We have jurisdiction pursuant to 28 U.S.C.
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/00-4093.htm">00-4093 -- U.S. V. JUDD -- 06/18/2002<BR></A><BR>
Detective Dale Bench was working with FBI Special Agent Scott Montefusco in an undercover capacity for a narcotics task force initiated by the FBI. Montefusco confirmed that Mirelez was associated with the group and directed Bench to purchase the methamphetamine. <p> After this initial purchase. He told Bench that he had lost the money when the location from which he was purchasing the drugs was raided by the FBI. The clubhouse microphone then revealed that members of the Sundowners Club were considering assaulting Bench and taking his money. The various defendants were arrested on warrants based upon a Grand Jury Indictment. Knudsen was tried jointly with Mirelez. Their motions were denied. All appellants were convicted on a variety of offenses arising from the Sundowners conspiracy. Mirelez was sentenced to 188 months in prison. Johnson was sentenced to 24 months in prison followed by 5 years of supervised release. Judd was sentenced to 36 months in prison and a 3 year term of supervised release. Jensen was sentenced to 39 months' imprisonment.
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/95opinions/95-7197a.html">WASHINGTON MARIAN E V. SMITH, JOSEPH C<BR></A><BR>
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Who was a staff sergeant in the United States Marine Corps (
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<TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/05/02-3213.htm">02-3213 -- PRICE V. COCHRAN -- 05/12/2003<BR></A><BR>
Its award of costs to the defendants. <p> We are not persuaded by the Prices' arguments. BACKGROUND</u></center> <p> Because the relevant facts are thoroughly set forth in the district court's June 6. Price added that they did not have a gun in the house. Price stated that it was Mike Thomas who had fired the gun at her. Price that she would not be allowed to enter the house until the search warrant was executed. Stating that Officer Cochran
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<TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0434p-06.pdf">OPINION/ORDER</A><BR>
Was not appointed to the new position as the Director of Schools for the county system following the publication of a newspaper article which announced that he would be the featured speaker at a convention sponsored by a church with a predominantly homosexual congregation. Scarbrough was elected superintendent of Morgan County Schools. Five candidates were selected by the TSBA for the Board's consideration. Were among these five candidates. Scarbrough was unaware at the time that Metro had a predominantly gay and lesbian congregation. Ultimately he was unable to accept the invitation and so declined. The article further stated that Metro was a predominantly gay and lesbian Christian church. Randy Harlan became concerned that Scarbrough was putting the school's
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<TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept99/96-5491.man.html">UNITED STATES V. MILLER (9/17/1999, NO. 96-5491)<BR></A><BR>
Robert Wohlleber (
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Were socializing at Pioneer Park. When approximately nine white supremacists who were
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FC5E6D954ACAB6EA88256AAA007E1D83/$file/9835468.pdf?openelement">OPINION/ORDER</A><BR>
Is incarcerated. Which states that
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The judgment of the district court is vacated and the case is remanded for further proceedings. * The Honorable David G. Was hired by Conrail as a brakeman in 1987 and was promoted to conductor in early 1988. He was certified as a locomotive engineer in March 1989 and continued working for Conrail in that capacity until February 1998. Which Wall maintains was in violation of Federal Railroad Administration regulations and the company's collective bargaining agreement with the International Brotherhood of Locomotive Engineers (
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<TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012128.U.pdf">OPINION/ORDER</A><BR>
Unpublished opinions are not binding precedent in this circuit. We have reviewed the record and find no error. Because Title VI and Title IX are to be interpreted in the same manner. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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Circuit Judge: Plaintiffs are engaged in the commercial recording. Inc. (
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F3A3DC7887DDF73E88256E5A00707C5B/$file/9835468.pdf?openelement">OPINION/ORDER</A><BR>
Is incarcerated. Which states that
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<TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F1DFB6D5FB7488388825710E007B4810/$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
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<TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/01opinions/01-5223a.html">AMFAC RESORTS, L.L.C V. U.S. DEPT OF INTERIOR<BR></A><BR>
Geller argued the cause for appellants.<span style=
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Eleventh Circuit
OPINION/ORDER
Was on the briefs. Were on the brief. Their boat was buffeted by harsh wind and waves. Nahid was tossed overboard. Monazzami washed up on an island and was stranded for three days before he was rescued. He was hospitalized for several days. While the couple was still in the foundering kayak. The Kiska conducted a brief Because we are reviewing a grant of summary judgment. The relevant facts are not in dispute for purposes of this appeal. 1 3450 TAGHADOMI v. At about seven o'clock that evening the search was called off. In subsequent amended complaints the estate and Nahid's parents were each added as separate plaintiffs and the United States was added as a defendant.2 The plaintiffs (collectively. They allege that the Coast Guard was negligent both in carrying out its rescue operation and in failing to contact local authorities who had access to better rescue equipment that might have been able to save the couple. Holding that the survivors' claims are not cognizable. Is liable in court only when it has waived its sovereign immunity.
OPINION/ORDER
We have jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. § 1292(a)(1). In which Andina was substituted for its predecessor in interest. Both the 1987 Agreement and the 1978 Agreement have the same forum selection and choiceof law clauses in favor of California: This agreement is entered into under the laws of the State of California. Including whether Gallo had delivered three shipments late and whether Andina was an exclusive distributor of Gallo products. Andina was allowed to choose this guardian. Andina was required to provide affidavits of two people who could swear to Yepez's reliability and could recommend her. Which was issued by the Ecuadorian military dictatorship in 1976 and had been repealed in 1997. The decree was intended to protect Ecuadorians who acted as agents. The Decree stated that any legal action brought under the law was to be heard by a judge at the Ecuadorian company's main residence.
Sixteen year old Adam Harshman was fatally injured while snowboarding over a
OPINION/ORDER
Because (1) the challenged junior trademark is not confusingly similar to the senior mark. (2) there is no evidence of actual consumer confusion. (3) there is no evidence of bad faith on the part of defendants. Is the market leader for pre moistened bath tissue.
OPINION/ORDER
Is a named defendant in four lawsuits. The plaintiffs are California municipalities who allege that Ellett's marketing of handguns creates public and private nuisances and violates the California Business and Professions Code. Ellett argues that the term
Plaintiffs appellants are adult bookstores in unincorporated Broward County. The district court ruled that Broward County's zoning ordinance for adult businesses was constitutional both facially and as applied to plaintiffs.
The adult bookstores raise three issues on appeal. They question the district court's ruling that Broward County's zoning ordinance is facially constitutional. Support the district court's ruling that the zoning ordinance is facially constitutional. We cannot say that the district court's findings as to the number of sites available for adult businesses under the zoning ordinance are clearly erroneous. We affirm the district court ruling that Broward County's zoning ordinance is constitutional both facially and as applied.
OPINION/ORDER
TVT was not entitled to assert a copyright claim. Because we also conclude that punitive damages were not recoverable for the breach of contract proved at trial. The facts are undisputed. IDJ and TVT are both major players in the recording industry. Is the nation's largest independent record label. IDJ is a division of Universal Music Group Recordings. Is one of the industry's most successful hip hop producers. CMC's members were Christopher Bristole. All were relatively obscure at that time. Most of which were not released. No albums incorporating the songs were produced. Ja Rule was released from his contractual obligations to TVT in 1994 and eventually followed Gotti to IDJ. It still owned the rights to old CMC masters that had been made while Ja Rule was under contract to TVT. Ja Rule's relationship with IDJ was highly successful. Was reluctant to give IDJ's consent to a new CMC album produced by TVT. Who were in the midst of renegotiating both the Murder. Cohen was concerned that a failure to accommodate Ja Rule's request to do the CMC project might.
These consolidated appeals arise from a civil antitrust dispute which was the subject of two jury trials. Which are manufactured by Dornier Medizintechnik. Lithotripters are medical devices which dissolve kidney stones through the use of shock waves. Inc. (
OPINION/ORDER
PER CURIAM:* Jose Ramon Dominguez Sanchez and Ricardo Martinez Borjon were Pursuant to 5TH CIR. 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. R. 47.5.4. * traveling on Highway 385 when they were stopped by border patrol agents. Sanchez and Borjon were arrested after two open sacks containing bundles of marijuana were found in the back seat of their vehicle. Arguing that there were no existing articulable facts supporting a reasonable suspicion that justified the stop of their vehicle. The district court then conducted de novo review at a hearing and the motions to suppress were denied. I. The following evidence was found by the magistrate judge and district court concerning the stop. He explained that the Alpine Station is responsible for patrolling Highway 385 that runs to and from Big Bend National Park. He stated that there are numerous 2 places in the southern border of the Alpine patrol area where drugs or illegal aliens can be smuggled across the river without being detected.
OPINION/ORDER
Circuit Judge: This case involves an array of antitrust law challenges to what we conclude are reasonable and unremarkable business practices. (Paladin) is a Montana corporation that marketed natural gas to industrial customers within Montana and other western states.1 Paladin obtained natural gas from producers in Canada and Montana and arranged for the gas to be transported to its customers through a pipeline owned by the defendant. Our statement of facts is adapted from the district court's description. Both parties stipulate that the district court's description is accurate. 1 PALADIN ASSOCIATES. MONTANA POWER CO. 6225 Gas produced in Canada is delivered into MPC's pipeline via the NOVA Corporation's pipeline in Alberta. Gas produced in Montana is delivered into MPC's pipeline via another pipeline in north central Montana. Some of the gas transported interstate across MPC's pipeline is delivered into the Colorado Interstate Gas Company (CIG) pipeline at the
OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. § 1291. Which is part of the Kent School District.
OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. The nine Intervenor Appellants are Atlantic Mutual Insurance Company. Zurich Insurance Company. 2 We recognize that an award of partial summary judgment is not ordinarily a final order and. After Notices of Appeal were prematurely filed (on April 12 and April 17. The prematurely filed notices of appeal are treated as filed on
OPINION/ORDER
Is a statesupported. The Citadel was forced to abandon its male only policy and began voluntarily admitting women to its Corps of Cadets in the fall of 1996. 345 (4th Cir. 1998).1 Appellant Jeannie Mentavlos was one of four women admitted to The Citadel that fall. She was assigned to Echo Company. With the exception of one cadet who was in default. She was subsequently allowed to amend her complaint to allege that the individual cadets were also state actors and elected to proceed solely on her § 1983 claim against them. The district court granted summary judgment on the alternative ground that Mentavlos failed to prove that his actions were discriminatory in nature. A damages hearing was still pending against him. 2 MENTAVLOS v. Are reviewed for clear error.
OPINION/ORDER
We conclude that there is no constitutional infirmity in the statute's provisions regarding active peace officers. We conclude that each of the three additional constitutional claims asserted by plaintiffs on appeal is without merit. The immediate cause of the AWCA's enactment was a random shooting earlier that year at the Cleveland Elementary School in Stockton. Where three hundred pupils were enjoying their morning recess. Five children aged 6 to 9 were killed. One teacher and 29 children were wounded. Was the first legislative restriction on assault weapons in the nation. Was the model for a similar federal statute enacted in 1994. So that the weapon will continue to reload and fire continuously so long as the trigger is depressed. Only one bullet is fired when the user of a semi automatic weapon depresses the trigger. Another is automatically reloaded into the gun's chamber. 27 C.F.R. § 178.11 (defining semiautomatic weapons). LOCKYER restrictions on the use of weapons that are registered pursuant to its provisions.
OPINION/ORDER
The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. An employee is totally disabled if he is
OPINION/ORDER
The case is therefore ordered submitted without oral argument. This Order and Judgment is not binding precedent. Ames alleges that these Defendants are liable for punitive damages for violating his Fourth Amendment rights while executing a search warrant. Officers then removed Ames's pants and underwear(2) so that he was naked from the waist down. Ames was forced to stand outside the trailer partially nude as officers entered and exited the trailer until the search was complete.(3) Ames claims that. Both when his clothes were removed and during the subsequent search of the Jesters' property. Who was still partially naked. Was transported to the Logan County Jail. Shackled to a bench in a cell until his booking was complete when he was finally put into jail clothing. Although there were numerous officers who engaged in this search. Inside the residence were a female. One of which was Ames. Defendant Bruning had the four adults taken outside because he was
OPINION/ORDER
Because the FAA reasonably interpreted the waiver provision and because the Air Show's other challenges to the waiver decision are unconvincing. The Administrator also may enact regulations and orders without notice or formal rulemaking when
OPINION/ORDER
Plaintiff Julie Spencer was struck by a vehicle while walking through an Oklahoma Wal Mart parking lot. They argue Wal Mart breached its duty to (1) This order and judgment is not binding precedent. Wal Mart did not
OPINION/ORDER
Flying J argues that there was no tangible employment action when it fired but then re hired plaintiff Kyle Keeton the same day and when it laterally transferred Keeton to a different location. We conclude that the termination was not a tangible employment action but that a reasonable jury could have decided that the transfer was a tangible employment action. He stated that he was willing to relocate to other Flying J travel plazas. Judy Harrell was the General Manager and his immediate supervisor. Even though Keeton was not scheduled to work on December 4. Harrell told him that he was fired. Keeton had no warning that his job was in jeopardy. Abdalla had been the manager of the district encompassing Walton when Keeton was hired. In December of 2001 Abdalla was the district manager of another district that included Cannonsburg. His termination was formally changed to a two week suspension. Abdalla told him that he was being
OPINION/ORDER
This is an appeal from a summary judgment in a discrimination and retaliation case. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. He was the only Hispanic ALJ serving in that office. Martinez was the co worker's third line supervisor. There was no written rule or policy prohibiting romantic relationships between supervisors and their subordinates. Rucker was also concerned about
OPINION/ORDER
Circuit Judge: Plaintiffs are engaged in the commercial recording. Inc. (
OPINION/ORDER
2001 in this appeal is amended as follows: 4222 Slip opinion at 2196. Nimmer On Copyright §§ 12.04[A][2] & [A][2][b] (2000) (confining Sony to contributory infringement analysis:
OPINION/ORDER
PER CURIAM:* Jose Ramon Dominguez Sanchez and Ricardo Martinez Borjon were Pursuant to 5TH CIR. 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. R. 47.5.4. * traveling on Highway 385 when they were stopped by border patrol agents. Sanchez and Borjon were arrested after two open sacks containing bundles of marijuana were found in the back seat of their vehicle. Arguing that there were no existing articulable facts supporting a reasonable suspicion that justified the stop of their vehicle. The district court then conducted de novo review at a hearing and the motions to suppress were denied. I. The following evidence was found by the magistrate judge and district court concerning the stop. He explained that the Alpine Station is responsible for patrolling Highway 385 that runs to and from Big Bend National Park. He stated that there are numerous 2 places in the southern border of the Alpine patrol area where drugs or illegal aliens can be smuggled across the river without being detected.
OPINION/ORDER
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
OPINION/ORDER
Circuit Judge: Although we have previously upheld application of a twolevel adjustment for obstruction of justice under USSG § 3C1.1 (Nov. 1998) for providing false information to a probation officer. We have never considered whether submission of a false financial affidavit to a magistrate judge for the purpose of obtaining appointed counsel is sufficiently related to the offense of conviction to support the adjustment. 1 This appeal requires us to do so. We hold that it is. 1 After counsel filed a motion to withdraw pursuant to Anders v. We directed the parties to brief the issue of whether the allegedly obstructive conduct submission of the false affidavit to a magistrate judge was
At issue is Southwestern Bell's domination of the Oklahoma pay phone market. The plaintiffs are nine independent pay phone service providers whose efforts to compete with Southwestern Bell succeeded only in whittling down the latter's market share to roughly 80 percent after two years of competition. We nevertheless believe that the challenged rulings were proper. Subject to certain regulatory requirements.
The cases are therefore ordered submitted without oral argument.
Plaintiff Bill Max Overton. That defendants were entitled to summary judgment on the merits of two other claims. That the remaining claims were barred by the doctrine of res judicata. The Eastern District of Washington court dismissed plaintiff's damage claims against the individual IRS agents for failure to state a claim.
In early 1993 the IRS concluded plaintiff was not entitled to the $33. Plaintiff made the following claims: (1) the IRS illegally seized plaintiff's funds while his case was pending in the Tax Court. Plaintiff's claims that he was not notified when the IRS sought financial records from third parties failed to state a . The district court was correct in granting summary judgment in favor of the United States on plaintiff's remaining claims.
Meanwhile. The district court dismissed the suit because individual IRS agents are not subject to damages actions for their conduct in assessing and collecting taxes. Overton v.
OPINION/ORDER
This matter is before the court. The amended Order & Judgment is reissued nunc pro tunc to August 1. A copy of the amended decision is attached to this order. Was terminated due to a reduction in force (RIF). Concluding the testimony was irrelevant or. In the (1) This order and judgment is not binding precedent except under the doctrines of law of the case. Any relevance was outweighed by its possible prejudicial effect or its potential to confuse the jury. It ruled Jackson failed to present sufficient evidence to support a conclusion that age was a determinative factor in his termination. During his tenure he was supervised by Patricia Calhoun. Founder of Westword.(1) While it is undisputed Jackson was an accomplished writer. Calhoun and Andy Van de Voorde (corporate executive associate editor) met with Jackson to inform him that his position was being eliminated due to a company wide downsizing. Jackson was forty six years old and the oldest full time feature writer at Westword.(2) No reason was given for his selection as part of the RIF at that time.
Daya argues that the district court erred when it found that (1) falling from a bolting horse is an inherent risk that creates no duty on the part of the defendants under the Wyoming Recreation Safety Act (
OPINION/ORDER
This case is before this Court for the second time. Substantive Facts Many of the facts set forth below were included in this Court's factual discussion in NHLPA I. Two of the teams are located in Michigan. One is in Pennsylvania. The remaining teams are based in Ontario. The others are European leagues and American colleges and high schools. Which is at the heart of this case. No overage player can be signed by an OHL team unless he was previously on a Canadian Hockey Association (
OPINION/ORDER
Is substituted for his predecessor pursuant to Fed. We have jurisdiction under 28 U.S.C. § 1291. I. BACKGROUND Rollins was injured in a car accident in August 1992. [fibromyalgia's] cause or causes are unknown. There is no cure. Its symptoms are entirely subjective. There are no laboratory tests for the presence or severity of fibromyalgia. The principal symptoms are
OPINION/ORDER
He argues that (1) the evidence of guilt was insufficient and (2) his sentencing enhancements were based on facts not proven to a jury beyond a reasonable doubt as required by Blakely v. She responded that he would have to write a check. I have a gun. His right hand was across his body and inside the jacket. She was terrified and thought Defendant was going to shoot her. He was apprehended in the parking lot next to the bank. No gun was recovered. He was carrying only a cane. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. On the day of the robbery Defendant's account was $39.48 overdrawn. Testified that on either January 6th or 7th he had a conversation with Defendant in which Defendant explained that he was in a bind because he had gambled away his money and he asked his nephew to rob a bank with him. He had pleaded guilty to three bank robberies and was awaiting sentencing. At the time of his arrest Defendant was 71 years old and had been partially paralyzed by a stroke.
OPINION/ORDER
This case was initially argued before the panel of Judges Roth. Judge Chagares was added to the panel. ** * Judge Roth assumed senior status May 31. Plaintiffs are five factory workers who allege serious and permanent hand injuries after years of using defendant's swager. Plaintiffs claim that the swager was defectively designed because it emitted excessive vibration. That the swager was
There is little dispute about the events leading to Robert's injury by his biological father. An administrator at a mental health center where Terri Tuthill was being treated for chronic mental illness sent a letter to SRS requesting a home study of the expectant parents. Defendant Mary Keady was assigned to the case by her supervisor. Even though the requested home study was outside SRS policy. She received no answer.
The day after Robert was born. It was decided that the Tuthills should keep the baby and be given intensive support services. Keady contacted the BIA and arrangements were made for close supervision and frequent home visits by a social worker to help with parenting skills. Apart from an incident in which the social worker was unable on one occasion to reach the Tuthills (about which Keady was consulted). Nothing eventful was related to SRS for a month and a half.
On a Friday in late September. Keady called the BIA but was unable to reach her contact person there.
OPINION/ORDER
Because we hold that (1) NOC did not have prior notice that Mr. Escue's harassment was not clearly unreasonable. Finton was not against the weight of the evidence. Escue was enrolled in two classes taught by Mr. Others to her while they were alone. Finton with respect to these allegations: (1) that his conduct violated her due process and equal protection rights and is actionable under 42 U.S.C. 1983. He had been
OPINION/ORDER
Is hereby amended as follows: 1 At Slip Op. at 7. We conclude that there is no constitutional infirmity in the statute's provisions regarding active peace officers. LOCKYER 1119 three additional constitutional claims asserted by plaintiffs on appeal is without merit. The immediate cause of the AWCA's enactment was a random shooting earlier that year at the Cleveland Elementary School in Stockton. Where three hundred pupils were enjoying their morning recess. Five children aged 6 to 9 were killed. One teacher and 29 children were wounded. Was the first legislative restriction on assault weapons in the nation. Was the model for a similar federal statute enacted in 1994. So that the weapon will continue to reload and fire continuously so long as the trigger is depressed. Imposes significant restrictions on the use of weapons that are registered pursuant to its provisions. Id. § 12285(c).3 Approximately forty models of firearms are listed in the statute as subject to its restrictions. Only one bullet is fired when the user of a semi automatic weapon depresses the trigger.
OPINION/ORDER
Our jurisdiction is pursuant to 28 U.S.C. § 158(d). That dismissal was an inappropriately harsh sanction. BACKGROUND The Foundation was established to provide administrative and support services for contracts entered into between California State University. Debtor was to place $1. The second payment is the one at issue in this case. Contending that the suit was barred by the Eleventh Amendment because the Foundation is an instrumentality of the State of California. The Foundation further contended that the Trustee's avoidance action was timebarred pursuant to 11 U.S.C. § 548. That the transfer was not a fraudulent transfer for purposes of the Bankruptcy Code and California law. The Trustee acknowledged in his opposition to the motion for summary judgment that the facts are not in dispute. 1 IN RE BEACHPORT ENTERTAINMENT 1515 The Trustee appealed the order to the BAP. The Trustee's notice of appeal was filed on May 20. Stating that the appeal was subject to dismissal for failure to prosecute because of the Trustee's failure to file the designation of record.
Argued for plaintiff appellee.With him on the brief was Mark S. Argued for defendant appellant.On the brief were Larry R. Todd.Of counsel were Robyn L. Trademark to sell its exercise equipment.Nautilus is the holder of the ". Tab stops:.5in'>Nautilus and ICON are direct competitors in the market for home exercise equipment.Both produce resistance training systems that use bendable rods.In Nautilus's product. The rods are arranged vertically. Outward.The rods are structured to resist this outward movement. 000 machines have been sold. The bendable rods are arranged horizontally so that they bend downward. Is replaced by a circular crosshairs.Beneath the mark. Line height:200%'>While its appeal of the patent infringement issue was pending.
OPINION/ORDER
Breanne Bennett was injured while skiing at Hidden Valley. As well as the denial of her motion for judgment as a matter of law and her claim that there was insufficient evidence to support the verdict. At the time Bennett was 16 years old and a high school student. While Bennett was skiing down a slope marked for intermediate difficulty. She fell at a spot which the parties have variously referred to as a bump. She was thrown about five feet forward and hit the ground limp. There was conflicting evidence as to whether she had hit a tree. The punitive damages claim was dismissed before trial. To
OPINION/ORDER
Were on brief. Were on brief. Defendant Fuente was departing from an engagement arranged by co defendant Tupperware Corporation. Both plaintiffs were injured in the crash and were taken by ambulance to a nearby emergency clinic.
As a result of the crash. These injuries have allegedly resulted in continuing chest and neck pain which has inhibited Ramí. She claims that the chest pain was too severe to allow her to breast feed her newborn child or have sexual relations with her husband. A medical examination conducted a little less than two years after the crash reported that Stewart suffered from cervical paravertebral muscle strain and that the crash caused Stewart to have 7% permanent impairment of his total bodily functions. Federal
OPINION/ORDER
The universities where the individual athletes were recruited. The payments were designed to retain top athletes on his team. Piggie took portions of the money he was receiving as the coach of this elite AAU team and made payments to the high school athletes in a clandestine manner. Williams submitted false and fraudulent StudentAthlete Statements to the universities where they were to play intercollegiate basketball.3 These four athletes falsely certified that they had not previously received payments to play basketball. Based upon the false assertions that these athletes were eligible amateurs. 000 payment he made to Jaron Rush was a bribe for Jaron Rush to attend UCLA instead of the University of Kansas. The reason why Jaron Rush chose to attend UCLA is irrelevant to the issues before us on appeal. When Piggie's payments to these players were discovered. The scholarships were forfeited. 696 scholarship for the 1998 1999 season based upon the false assertion that he was an eligible amateur. The validity of Duke's entire 1998 1999 season was called into question.4 NCAA regulations also required each of the four Universities involved to conduct costly internal investigations after Piggie's scheme was discovered.
(3) finding that Vigil and Roberts were not similarly situated. (4) finding that Vigil and Garcia were not similarly situated. (5) failing to consider certain evidence that allegedly shows that defendant's proffered nonretaliatory reasons for terminating him are pretextual. He worked as a telecommunications/electronics specialist and was a certified state employee. Hellman informed Vigil that he was scheduled to appear at a September 3 meeting. The meeting never occurred because Thomas was too busy. Kovach notified Hellman that Vigil was trying to meet with Thomas and that he did not want to be associated with such a meeting. Defendant's investigation uncovered no evidence verifying plaintiff's claim that a system backup was performed on August 22. Hellman informed plaintiff that he was being terminated because he was in a position of trust. Finding that plaintiff was afforded due process and that defendant did not otherwise violate Colorado law in disciplining plaintiff.
On August 13. Summary judgment is appropriate
OPINION/ORDER
Upholding the Board's decision that KSDK's producers and assignment editors were not supervisors within the meaning of the Act. We granted the petition for rehearing 2 and vacated the panel's judgment and opinion.1 Because we conclude that the Board employed an improper legal standard in finding that the producers were not statutory supervisors. I. The producers have the overall responsibility for putting together a newscast from planning to air. The producer ultimately decides which stories will be covered and creates a
OPINION/ORDER
Michael was pronounced dead upon arrival. The coroner's report indicated that the probable cause of Michael's death was suffocation and cardiac arrest. All administrative remedies were exhausted. Was employed by J. Was insured by an accidental death and dismemberment insurance policy provided through Continental. The policy was in full force and effect on April 29. The district court determined that parachuting fell within the exclusion to the policy because Michael was
OPINION/ORDER
The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. Brackens was not an
OPINION/ORDER
Were on brief. Were on brief. Neither are parties to the defamation case.
Gill then amended the complaint to assert that TRPB acted as the Gulfstream defendants' agent in preparing this defamatory Report. Which was opposed by TRPB. Arguing that the names of the tipsters were protected from disclosure. The stated mission of TRPB is to
OPINION/ORDER
Angelo Barnes was charged with possession with intent to deliver cocaine in violation of 21 U.S.C. § 841(a)(1). Barnes moved to suppress evidence that was seized after a traffic stop during which he was arrested. The Blazer was driven by Barbara Alstyne. Barnes was in the passenger seat. Van Buren learned that Barnes was subject to arrest for manslaughter based on an outstanding warrant from New York. Degan saw packages of the type that are used to transport illegal drugs. The district court found that the window well was within the scope of a permissible search incident to Barnes's lawful arrest. The district court found that the police had probable cause to search the door panel based on the deputy's observation that the driver's side door was unusually heavy. 2 II. The Court observed that although it was settled that the police. The Court then identified the problem with the extant state of affairs:
OPINION/ORDER
The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. It is not enough that the nonmovant's evidence be merely colorable or anything short of significantly probative. (1) Although Ms. Taylor also made other claims in her complaint that were dismissed on summary judgment or after a two day trial.
Please disregard the gray shading around footnote number 5.
A copy of the corrected page 14 is attached.
Sincerely. The FDIC's claims for deceit and other tort causes of action were tried to a jury. WGSC was a subsidiary of Western Gulf Savings and Loan Association (
OPINION/ORDER
P.C. were on brief. Dodge LLP were on brief. Was the general partner of GCP. Genzyme Development was obligated by law and by the limited partnership agreement to issue annual federal and state tax schedules to the limited partners. No schedules were issued between 1987 and 1990. GCP was liquidated.
The FDIC's claims for deceit and other tort causes of action were tried to a jury. WGSC was a subsidiary of Western Gulf Savings and Loan Association (
OPINION/ORDER
The district court granted a motion to dismiss this complaint alleging diversity jurisdiction after plaintiff failed to carry his burden of showing that
This is the third appeal to this court and the seventh published opinion involving disputes over the conservation and liquidation of the long gone but not forgotten Franklin Savings Association. SeeFranklin Sav. This court has distilled the following summary of the litigation from Franklin II. See 35 F.3d at 1468.
In 1990 the Director of the Office of Thrift Supervision (OTS ) determined that FSA was
These ceremonies are by invitation only. Are generally attended by the families and friends of the graduates. The occasion is celebratory but dignified.
In order to make professional quality photographs available to their graduates. The successful bidders received exclusive contracts obligating them to photograph the graduates as they receive their diplomas and granting them the benefit of soliciting the sale of these photographs to the graduates.
Foto chose not to bid on these contracts although it is in the business of taking the same type of graduation photographs and soliciting their sale to the graduates. It has presented itself and its equipment at the ceremonies of these schools and attempted to photograph the graduates in order to solicit sales of the photographs.
OPINION/ORDER
This is an action on five promissory notes. Recovery is sought in the principal sum of $495. Defendants argue that the notes were part of a larger transaction. United States District Judge for the District of Minnesota. 1 were never meant to be repaid. Because they were to have been cancelled once the transaction closed. Defendants have now abandoned this position. Concede that the notes are due. Was given in exchange for 82. The note would have been cancelled. The parties dispute whose fault it was that the transaction was never consummated. Is that the defendant. We think the District Court correctly held that defendants are liable on the note. They have received no compensation for their shares. 000.00 was the amount agreed upon. Is affirmed.
Plaintiffs were vacationing on Paradise Island in the Bahamas. Victor was struck by a commercial motorboat and sustained massive injuries. Victor was airlifted to Miami. He survived but lost his arm and was permanently disfigured.
The Meiers subsequently filed this diversity action
OPINION/ORDER
This case was brought under the Anticybersquatting Consumer Protection Act by the Washington Post Company and its wholly owned subsidiary Washingtonpost.Newsweek Interactive Company. Purdy1 from appropriating Internet domain names2 that incorporate and are confusingly similar to their trademarks and servicemarks. Purdy was later found in contempt and fined for violating the injunctions. I. Both the common law and Congress have provided protection to the holders of recognized trademarks to prevent others from appropriating or copying them and taking advantage of the owner's good will for their own benefit. One legislative purpose of that act was to ensure that
OPINION/ORDER
Ramsey County (Minnesota) Deputy Sheriff Eric Bradt was a sevenyear veteran in the special investigations unit. He was conducting surveillance to execute an arrest warrant on a dangerous fugitive in an unrelated case. Though Deputy Bradt was not personally familiar with Awada's. He was certain. Because he was on surveillance. Torres was the driver. All three suspects were then arrested.3 With the assistance of Sergeant Craig Palmer. Alfaro was a registered guest. In every case the amount is in the thousands of dollars. 5 4 At trial. As he was dismissing the jury for deliberations. The instructions that have just been read to you will be provided to you along with the original verdict forms. We will inventory the exhibits. The exhibits will be provided to you except for the actual drugs that are involved in the matter. The drugs are available for your examination. There are several reasons for that. Is frankly. You will have the rest of the exhibits momentarily. Was to join him later. Alfaro testified he never looked inside the black bag and was unaware of its contents until after the police search. 6 He also testified regarding the $10.
OPINION/ORDER
The case was tried to a jury for ten weeks. A verdict was returned in favor of the boat builders for $44. Post trial motions were filed by both sides. Judgment was eventually entered for the boat builders in the amount of $133. They are located in various states. An additional party plaintiff is an Illinois buying cooperative composed of recreational boat manufacturers. 32 1 Brunswick's motion for judgment as a matter of law on its counterclaim. Neither side contests the finding of the jury that the relevant market is the market for inboard and stern drive marine engines. Since the early 1980s there have been a number of manufacturers in the market. Stern drive engines are used primarily in recreational power boats known as runabouts. Which are typical water skiing boats. Which are larger and more expensive boats and usually have cabins. The market share requirements were reduced so that the maximum 3% discount could be earned by buying 70% from Brunswick. Another feature was added to the program in 1989 to offer long term discounts of an additional 1 or 2% to anyone who signed a market share agreement for two to three years.3 Boat builders also could receive a volume discount of up to 5% based on the quantity of engines purchased.
OPINION/ORDER
Small alleges that he was disabled before his insured status ran out in 1996. Small contends that his disability is caused by post traumatic stress disorder (PTSD) stemming from his 1965 1967 war duty in Vietnam. We have jurisdiction pursuant to 28 U.S.C. 1291. Because the Commissioner's final decision was supported by substantial evidence. We will affirm. His application was denied initially and on reconsideration. Which was held on October 19. Small was represented by counsel at this hearing and testified in his own behalf. Finding that Small did not have a severe impairment and. Was not disabled for purposes of the Act on or before his date last insured. We will paraphrase. Small was fifty four years old at the time of the ALJ's decision. Small worked as a truck driver for a computer delivery company and was last employed in 1991 in Okinawa. This employment was terminated following an argument with his supervisor. Small was imprisoned in Japan from December 1992 until December 1996 for smuggling firearms.
OPINION/ORDER
The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. I. Standard of review Our standard of review is well established. Summary judgment is appropriate
Argued for plaintiff appellee and third party defendant appellee.
OPINION/ORDER
Frosty Treats contends that because the ice cream truck in those games bears a clown graphic that it alleges is similar to the one on its ice cream trucks. Is labeled with its brand identifier. Frosty Treats asserts that the district court erred by finding that there were no genuine issues of material fact and holding as a matter of law that the
The case is therefore ordered submitted without oral argument.
Plaintiff Sharon K. Because plaintiff did not raise a genuine issue as to whether she was replaced by a younger individual. She was promoted eventually to the position of Administrative Assistant to the Athletic Director. Plaintiff was 48 years old when discharged. Was earning a salary of $39. King was promoted to Senior Associate Athletic Director. Plaintiff was terminated as part of this reorganization. 48 year old Pam Kelleher was transferred from the basketball office to become the Administrative Coordinator to the Athletic Director. Was determined according to the same pay scale as plaintiff's. Plaintiff's duties related to the host recruitment monies were assumed by the athletic department accounting office.
Plaintiff brought this action against the University. Alleging she was terminated based on her age in violation of the Age Discrimination in Employment Act (ADEA). Ruling (1) plaintiff failed to make a prima facie case of discrimination because she did not show she was replaced by a younger individual.
OPINION/ORDER
Which insured the owners of the automobile in which he was riding. As a covered (1) The case is unanimously ordered submitted without oral argument pursuant to Fed. This order and judgment is not binding precedent. App. 1998).(1) The mandatory minimum PIP coverage provided for amounts to be paid for reasonable (1) The Colorado Auto Accident Reparations Act was codified in Colo. Insurers were required
OPINION/ORDER
At issue is the Newark School District's proposed individual education plan for I.H. for the 1999 2000 school year. Central to this case is the appropriate standard of review a District Court should employ when reviewing state administrative proceedings under the Individuals with Disabilities Act. We hold that the appropriate standard is modified de novo review. We will reverse. It is useful to review the statutory framework before proceeding to the facts. Federal funding of state special education programs is contingent on the states providing a
OPINION/ORDER
That § 922(d) is an unconstitutional exercise of Congress' commerce power. Because sufficient evidence was presented at trial for the jury to conclude that Peters knowingly sold a firearm and ammunition to a convicted felon. Peters was a federally licensed firearms dealer from 1994 until his license expired in April 2001. ATF Agent Nick Cheremeta had seen Peters at gun shows and knew that he was no longer a licensed firearms dealer. He employed a confidential informant to determine whether Peters was still selling guns out of his store. 2 The confidential informant. Was born Gary Bruce Wilson and. John was convicted of one count of felony aggravated assault in the Superior Court of Tattnall County. John was given his new name and assigned a new social security number. John's first contact with Peters was on April 11. This is all my personal stuff.
OPINION/ORDER
Circuit Judge: At issue in this class action lawsuit is whether the City of Thomasville School District (
OPINION/ORDER
Yuknavich was discovered printing out pictures of child pornography at work and using his work computer to access pornographic images involving children. He was also subject to a list of special conditions for child abusers/sex offenders. Defendant will continue in treatment/counseling for the 2 duration of his/her probation unless officially discharged by the probation supervisor or by the court. 7. Defendant is prohibited from working. Defendant is to be supervised the entire period of his/her probation for the express purpose of protecting children. .... 15. Sexually explicit or stimulating material which is performed. Yuknavich's primary probation officer was Marsha Goldstein.2 Goldstein was often assisted by Don Spencer. Yuknavich was indicted in the United States District Court for the Northern District of Georgia on five counts of receiving child pornography. The only witnesses to testify at the hearing were Goldstein and Spencer. Yuknavich put a bid on a house and Goldstein reminded him that he was not to live near a school or a day care center.
OPINION/ORDER
I. BACKGROUND Klopf was indicted for violating 18 U.S.C. § 1028(a)(3). While the access devices were credit cards in the names of individuals identified as A.G. These individuals were later identified as Allen Gould. At the time when Klopf was arrested. Klopf was living in an apartment that he had rented under the name of Garrett Bender. In these containers were folders. That was delivered to a Storage USA facility. Zack testified that he was not affiliated with a company named Integrated Data Concepts and did not apply for the Bank One credit card that was found in Klopf's possession. 500 check that was purportedly written by him. He testified that the signature on the check was not his. He testified that he was not associated with United Equity and Leasing Service and had never applied for the Capital One credit card that was discovered in Klopf's possession. Although the Although the application is not included in the record. Both parties agree concerning the substance of the information entered on the application. 4 2 fraudulent driver's licenses were not perfect replicas of actual Florida licenses.
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Because full relief is available under the statute.
OPINION/ORDER
Background and Procedural History This putative class action was filed in the Superior Court of Fulton County Georgia. By issuing a Registration Statement and Prospectus that was materially false and misleading. The plaintiff's action is a
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Then The INS is now part of the Department of Homeland Security. His application is not before us. 2 2 1 presented her case for asylum and withholding of removal. She and Elian were stopped by five men who were members of the Revolutionary Armed Forces of Colombia (FARC) while returning from a Siloe outing. When they realized that Sanchez and Elian were doing social work.
OPINION/ORDER
2004 is hereby corrected and substituted with the following: Jahziel Pineiro appeals his convictions. That the evidence was insufficient to support his drug related convictions. I. The relevant facts and procedural history are these. Pineiro was charged with: beginning in or about February 2002 and continuing through on or about December 13. Any consent he gave was involuntary. He was not given Miranda1 warnings. His statements were coerced. Who denied knowing Pineiro2 and who was subsequently arrested. Pettit learned that two other homes were associated with this location. They were armed. Their weapons were concealed. We have no occasion to look at the admissibility of Vazquez's statement.
OPINION/ORDER
We conclude that this case is justiciable and that unresolved factual issues remain. Two basic issues are raised on appeal: first. Whether the case is justiciable. Both because the plaintiffs have standing to challenge the EPA's failure to review a state administrative rule affecting Florida's water quality standards. The plaintiffs are The Florida Public Interest Research Group Citizen Lobby. Inasmuch as a clear understanding of how the federal and state governments share responsibilities to regulate water pollution is essential to the resolution of this case. The federal and state governments have worked together to restore and maintain the integrity of the nation's waters. Many duties to monitor and regulate pollution of the nation's waters are divided between the federal and state governments. State governments are responsible for establishing water quality standards for all of their waterbodies. Water quality standards are designed to do two things: first. We have described the second aspect of a water quality standard as setting the
OPINION/ORDER
Valdes and Artires were also convicted for maintaining a place for the purpose of manufacturing marijuana in violation of 21 U.S.C. § 856(a)(1). The court's finding that Alberto Artires was responsible for over 300 marijuana plants when the jury specifically found that he was not involved in more than 100 marijuana plants.2 As to the convictions and sentences of Garcia and Mercado. Agents searched and investigated at least twelve residences located in and near All other issues raised on appeal do not merit further discussion and are summarily rejected. 3 2 Miami.3 In May of 2000. The FBI received a confidential tip that Yovanni Espinosa was operating a grow house in an efficiency apartment behind a house located at 15604 N.W. 37th Avenue in Opa Locka. One photograph was a picture of a group of men. Marijuana grow houses are sealed both to conceal the illegal activity and to keep out the natural light. Highwattage fluorescent lights are used to focus artificial light on the plants and Mylar film is attached to the walls to stimulate growth and allegedly minimize detection by infra red detection devices.
OPINION/ORDER
Valdes and Artires were also convicted for maintaining a place for the purpose of manufacturing marijuana in violation of 21 U.S.C. § 856(a)(1). The court's finding that Alberto Artires was responsible for over 300 marijuana plants when the jury specifically found that he was not involved in more than 100 marijuana plants.2 As to the convictions and sentences of Garcia and Mercado. Agents searched and investigated at least twelve residences located in and near Miami.3 All other issues raised on appeal do not merit further discussion and are summarily rejected. Marijuana grow houses are sealed both to conceal the illegal activity and to keep out the natural light. Highwattage fluorescent lights are used to focus artificial light on the plants and Mylar film is attached to the walls to stimulate growth and allegedly minimize detection by infra red detection devices. Grow houses are typically equipped with a venting system including exhaust fans and large air conditioning units. Young marijuana plants are first grown in plastic starter trays before they are transplanted to a material called
OPINION/ORDER
Are not included in his career total of 104 officially sanctioned boxing wins 69 of them by knockout against only 16 losses. When only 21 years 1 As Duran told the story in 1998: I was 14 or 15 . . . in my mother's home town of Guarare . . . . There was a fiesta. Which was a lot of money for me. We were all drinking whiskey. There was a girl sitting next to me. I was running out of money to buy alcohol when someone said. Socrates Garcia was his name. He told me to punch the horse behind the ear and
OPINION/ORDER
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.
OPINION/ORDER
I. BACKGROUND Both J&J and 1 800 are in the contact lens business. Shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. 15 U.S.C. § 1125(a)(1)(B). 2 1 of 1 800's advertisements make statements about J&J or about ACUVUE that are literally false. The first advertisement at issue is a letter sent by 1 800 to its customers recommending CIBA Vision's Focus Dailies. Was sent by 1 800 to customers who requested J&J lenses that were not in stock at the time of the customer's order. This letter (the
OPINION/ORDER
Plaintiffs were vacationing on Paradise Island in the Bahamas. Victor was struck by a commercial motorboat and sustained massive injuries. Victor was airlifted to Miami. He survived but lost his arm and was permanently disfigured. Plaintiffs claimed that the Sun Defendants were partially responsible for the motorboat and. The motorboat was owned and operated by a It is undisputed that the district court had original subject matter jurisdiction through diversity of citizenship pursuant to 28 U.S.C. § 1332. The Plaintiffs are citizens of Utah and the Defendants are foreign Bahamian corporations. The Plaintiffs requested that the court dismiss the Sheraton claims without prejudice in order to pursue this appeal. 3 2 1 Bahamian water sports vendor conducting business at the Atlantis Hotel and Casino (
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He claimed that his rights under the First Amendment's Speech Clause were violated when Allred and Harland punished him for silently raising his fist during the daily flag salute instead of reciting the Pledge of Allegiance with the rest of his class. He further claims that his Establishment Clause rights were violated by Allred's daily
OPINION/ORDER
All appellants were convicted of one count of conspiracy to possess with intent to distribute cocaine. Sicard was also convicted of one count of possession of a firearm in furtherance of a drug trafficking crime. The evidence at trial was built around the testimony of informant Nelson Murillo. Murillo was not under investigation. Reversal is warranted if a single conspiracy is charged in the indictment but multiple conspiracies are proven at trial. If the variance was material and substantially prejudiced the defendants. A rational trier of fact could have found that a single conspiracy existed beyond a reasonable doubt. To determine whether a jury could have found that a single conspiracy existed. The nature of the underlying scheme was for Ruiz. The evidence indicates that Ruiz may have been the person responsible for importing the cocaine. Suarez explained to him that he was lending people and equipment to Ruiz in order to transport the drugs that Ruiz had smuggled into the country. It is clear that he primarily took direction from F.
OPINION/ORDER
Subsequent sales of the product by others do not constitute infringement even though such sales are not authorized by the trademark owner. Because we conclude that the resold products in the instant case are materially different. Is the manufacturer of DAVIDOFF COOL WATER fragrance products and owns the U.S. trademark. PLD International Corporation (
OPINION/ORDER
Circuit Judge: The Appellants in this case are a group of insurance companies (the
OPINION/ORDER
The principal question on appeal is whether the Georgia Recreational Property Act (
OPINION/ORDER
The principal question on appeal is whether the Georgia Recreational Property Act (
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We held that the district court erred in certifying two classes under Rule 23(b)(3)2 of the Federal Rules of Civil Procedure because the plaintiffs had failed Our decertification of the class based upon predominance negates the need to address whether providing notice of this action by means of publication rather than by individual notice was proper. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable. (2) there are questions of law or fact common to the class. (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class. (4) the representative parties will fairly and adequately protect the interests of the class. 2 to demonstrate that common issues predominated.3 The first class of plaintiffs. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied. That a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
OPINION/ORDER
PER CURIAM: This is a sexual harassment/discrimination suit arising out of the acts of a physical education teacher. That Plaintiffs have failed to produce any evidence that Defendants knew of or acted with deliberate Plaintiffs brought suit individually and as legal guardians of three students Mency molested. 2 1 Gebser v. Sexually molested Plaintiffs during the 1993 1994 school year.3 There is no evidence that anyone witnessed any of these events. Or anyone at school what was happening while the events were occurring. One of the Plaintiffs confided in a friend that Mency was touching her inappropriately. Mency was subsequently convicted on six counts of child molestation and one count of criminal attempt to commit child molestation. Is currently serving a 20 year sentence. Or other places where no one could observe what Mency was doing. The district court went on to find that Plaintiffs also failed to produce evidence that any official with supervisory authority knew or should have known that Mency was molesting Plaintiffs.
OPINION/ORDER
PER CURIAM: This is a sexual harassment/discrimination suit arising out of the acts of a physical education teacher. That Plaintiffs have failed to produce any evidence that Defendants knew of or acted with deliberate indifference to Mency's misconduct. Sexually molested Plaintiffs during the 1993 1994 school year.3 There is no evidence that anyone witnessed any of these events. Or anyone at school what was happening while the events were occurring. One of the Plaintiffs confided in a friend that Mency was touching her inappropriately. Mency was subsequently convicted on six counts of child molestation and one count of criminal attempt to commit child molestation. Is currently serving a 20 year sentence. The district court went on to find that Plaintiffs also failed to produce evidence that any official with supervisory authority knew or should have known that Mency was molesting Plaintiffs. Or other places where no one could observe what Mency was doing. Plaintiffs do not argue that the district court erred in dismissing the claim against Duncan in his individual capacity. 4 favor of Duncan and DCSD on Plaintiffs' Section 1983 claim concluding that Plaintiffs could not show that Defendants either knew that Mency was harassing Plaintiffs or that Defendants acted with reckless disregard to the possibility that he would do so.
OPINION/ORDER
Circuit Judge: This appeal presents the issue of whether an indemnitor must indemnify the indemnitee when the underlying cause of action involves a nondelegable duty under state law to which the indemnitee is subject. Because we do not consider present Alabama law to have resolved this precise issue. Barricades and other traffic control devices
OPINION/ORDER
Circuit Judge: This appeal presents the issue of whether an indemnitor must indemnify the indemnitee when the underlying cause of action involves a nondelegable duty under state law to which the indemnitee is subject. Because we do not consider present Alabama law to have resolved this precise issue. Barricades and other traffic control devices
OPINION/ORDER
FHM was named the governing body of the medical staff. FHM's decisions and actions under its powers governing the medical staff are deemed by § 8.12 of the Agreement to be decisions and actions taken by HAFC. Patrick's application was subjected to several levels of review. Some of which were not specified in the bylaws governing such applications. Patrick's application was finally denied by FHM's Board of Directors in May 1997. DISCUSSION The threshold issue is whether the denial of hospital privileges by FHM is state action for purposes of § 1983. Patrick must show that he was deprived of a federal right by a person acting under color of state law. Recent Supreme Court precedent reiterates that: state action requires both an alleged constitutional deprivation
OPINION/ORDER
FHM was named the governing body of the medical staff. FHM's decisions and actions under its powers governing the medical staff are deemed by § 8.12 of the Agreement to be decisions and actions taken by HAFC. Patrick's application was subjected to several levels of review. Some of which were not specified in the by laws governing such applications. Patrick's application was finally denied by FHM's Board of Directors in May 1997. DISCUSSION The threshold issue is whether the denial of hospital privileges by FHM is state action for purposes of § 1983. Patrick must show that he was deprived of a federal right by a person acting under color of state law. Recent Supreme Court precedent reiterates that: state action requires both an alleged constitutional deprivation
OPINION/ORDER
Because we have determined that the circumstances under which the accident occurred were not incident to military service. I. BACKGROUND The 1993 United States Military National Championship Rugby Tournament (
OPINION/ORDER
Ronald David Chandler was convicted of. Chandler was also convicted of engaging in a criminal enterprise. Which was imposed pursuant to his conviction for causing an intentional killing. In which Chandler stated that
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Was sentenced to death for murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e)(1)(A). Jarrell has said he thought Petitioner was joking. Petitioner warned Jarrell that Shuler was going to cause them trouble and stated:
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Ronald David Chandler was convicted of. Chandler was also convicted of engaging in a criminal enterprise. Which was imposed pursuant to his conviction for causing an intentional killing. In which Chandler stated that
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Was sentenced to death for murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e)(1)(A). Jarrell has said he thought Petitioner was joking. Petitioner warned Jarrell that Shuler was going to cause them trouble and stated:
OPINION/ORDER
Is directed to write policies for citizens who are unable to obtain property and casualty insurance on the
OPINION/ORDER
Is directed to write policies for citizens who are unable to obtain property and casualty insurance on the
OPINION/ORDER
VACATES its prior order in this matter and substitutes the following in its place: We are asked to review a sua sponte order of the district court remanding this proceeding to state court. The central issues presented are whether this Court's review is barred by the operation of 28 U.S.C. § 1447(d) and. Whether the untimely remand was proper. That case holds that a district court's order to remand a case to state court is a final judgment that can be reviewed on direct appeal. A writ of mandamus is unavailable where there is another means to obtain adequate review. 505 (
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PER CURIAM: We affirm the judgment of the district court for the reasons set out in its dispositive order which is reproduced in the appendix. APPENDIX ORDER This antitrust case is before the Court on the parties' cross motions for summary judgment. Defendants' motions for summary judgment on Count I will be granted. Summary judgment will also be granted on Count II of the complaint. Is a Florida professional corporation whose shareholders are Dr. Lambrau and Stewart are board certified ophthalmologists who have specialized in the diagnosis and treatment of diseases of the retina and vitreous. RA's practice is limited to retina related ophthalmology. Is a not for profit Florida corporation that owns and operates the Baptist Medical Center. Situated on the Baptist Medical Center campus is a four story building that houses the Baptist Eye Institute (
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Were properly removed by the defendant to the United States District Court for the Middle District of Florida under 28 U.S.C. § 1441(a). Contending that the forum selection clause is
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Were properly removed by the defendant to the United States District Court for the Middle District of Florida under 28 U.S.C. § 1441(a). Contending that the forum selection clause is
OPINION/ORDER
Circuit Judge: Defendant appellant Charles David Owens was convicted by a jury for possession of an unregistered rifle with a seven inch barrel in violation 26 U.S.C.A. § 5861(d). contends the following: On appeal. Owens (1) that his due process rights were violated because 26 U.S.C.A. § 5861(d) is ambiguous. (2) that the district court committed reversible error in failing to instruct the jury that the government must prove that Owens knew that the NFA required the short barreled rifle in his possession to be registered.1 Appellant also contends that the evidence regarding Owens' possessory interest in the firearm is insufficient to sustain his conviction. Appellant was working part time at the Sports and Athletic Consignment Shop. Agent Williams asked Owens how it was operated. What parts were included with it. The two barrels which Owens offered to sell with the Agent carbine also were on the second shelf of the glass case. It is undisputed that the weapon was not At trial. 26 U.S.C.A. § 5861(d) arguments on appeal are also without merit and warrant no discussion.
OPINION/ORDER
Circuit Judge: This is an appeal from the district court's entry of a preliminary injunction1 enjoining a putative infringer from infringing the compilation copyright of a publisher of a cable television factbook. System finding of that the the copyright selecting names of communities under which to list the data in its factbook was sufficiently creative and original to warrant copyright protection. All have yet to be addressed by the district court. No final judgment was entered under 28 U.S.C. § 1291 because the court has not yet disposed of all the claims in the case and did not make its injunction a final judgment pursuant to Fed. The order before us is an interlocutory order for an injunction that is subject to review under 28 U.S.C. § 1292(a)(1). 2 Publishing Corp. v. Did not have the benefit of our en banc opinion in BellSouth. Ed. 2d 232 (1994). 3 this case is the
OPINION/ORDER
Circuit Judge: This is an appeal from the district court's entry of a preliminary injunction1 enjoining a putative infringer from infringing the compilation copyright of a publisher of a cable television factbook. Finding that the copyright holder's system of selecting the names of communities under which to list the data in its factbook was sufficiently creative and original to warrant copyright protection. All have yet to be addressed by the district court. No final judgment was entered under 28 U.S.C. § 1291 because the court has not yet disposed of all the claims in the case and did not make its injunction a final judgment pursuant to Fed.R.Civ.P. 54(b). The order before us is an interlocutory order for an injunction that is subject to review under 28 U.S.C. § 1292(a)(1). 1 ** * Advertising & Publishing Corp. v. The focus of this case is the
OPINION/ORDER
Lockhart LLP were on brief for petitioner.
OPINION/ORDER
Warner & Stackpole LLP were on brief. Procter & Hoar LLP were on brief. Viewing them as favorably to SMS as reason and the record will permit. These models were more powerful and more versatile than their predecessors and embodied certain distinctive technological advances. A three year warranty in the mid range server market was uncommon in 1994. One year warranties were the norm indeed. DEC's conception of a warranty as an instrument of competition is scarcely original. Because a warranty is a mechanism through which a consumer can protect himself against the uncertainties inherent in owning a product that likely will require parts and service over time. This attraction is magnified in some cases because a strong warranty signals a manufacturer's faith in the quality of its product. SMS's claim that DEC's warranty is anticompetitive appears odd at first blush. There is. The aftermarket for servicing computers is both dynamic and lucrative. SMS an ISO that operates nationally and specializes in servicing DEC equipment puts a sinister cast on DEC's introduction of
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Were on brief. Loon Corp. is required to have a special use permit issued by the Forest Service.
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Were on brief. Arguing that it was based solely on testimony from the government's confidential informant. The distribution point was within 1000 feet of the Palé. Bonano were the
OPINION/ORDER
David Johnson were on brief. The first police officer to see him thought that he was a gunman and pushed a panic button on her desk in order to get help. It turned out that the gun was unloaded and that its stock had been removed. Determined that he did not have any outstanding warrants against him. Nor Stampley was charged with a crime. None of them was told that they were the subject of a criminal investigation. Saying that he would have to confiscate it
OPINION/ORDER
P.A.was on brief for appellant. Weathersby were on brief for appellee. The principal issue in this appeal is whether New Hampshire law requires a disappointed bidder to demonstrate a private subcontractor's bad faith before the bidder may recover lost profit damages under a theory of promissory estoppel. The district court held that such a showing was necessary in this case. Was awarded a contract to build a new sports arena for the University of New Hampshire. Among these suppliers was Appellant. Marbucco claimed that one of Suffolk's agents had told Marbucco's Vice President that Marbucco's bid would be selected so long as it was the lowest. When Suffolk awarded the subcontract to another glass supplier whose bid was higher than Marbucco's. The district court provided the following instruction to the jury regarding Marbucco's claim: The Plaintiff is making a claim for damages based on what is known as the doctrine of promissory estoppel. Four: the plaintiff's reliance on the promise was reasonable under the circumstances.
OPINION/ORDER
Wilk was on brief forappellant. Were on brief for appellee.May 20. Hern ndez was indicted. We are unpersuaded by his claims of errorand affirm. Ramirez's problem was that he did not actually have thatmuch money. Ramirez offered vague assurances that he was sure of whathe was doing and that the money would be repaid. AlthoughHern ndez was reluctant to lend this sizeable amount of capitalwithout knowing the specifics of the business deal. The day the drug deal was to takeplace. Ramirez finally informed Hern ndez that the money was beingused to purchase cocaine. Which was in a sports gearbag. When Hern ndez was arrested. Hernandez was indicted on three counts: 1) conspiracy topossess the seven kilograms of cocaine with the intent todistribute. Ramirez and Cabrera were also indicted. While Ramirez was on the stand. The case was eventually sent to the jury. We are at an impasse.
OPINION/ORDER
Berry & Howard LLP were on brief. That they had meted out discriminatorily harsh discipline because of his race (Conward is an African American). He would have found it indecent the body of the Application comprised a series of lewd questions written in a style emulating a standard employment application and would not have given it to a teenage girl. It is to that ruling which we now turn. Show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
OPINION/ORDER
P.C. were on brief for New York Islanders Hockey Club. Mahoney & Miller were on brief for Boston Mutual Insurance Company. LLP were on brief for Blumencranz. The facts as to Lindros's history of head injuries are uncontested. Finding that the left side of his visual field was
OPINION/ORDER
Peabody & Brown were on briefs. Kohler Co. were on briefs. This is an appeal from the district court's issuance of a preliminary injunction enjoining defendants Kohler Company and Robern. There were two basic claims before the trial court: that the Falling Water faucet
OPINION/ORDER
Louison and Merrick and Louison were on brief. This appeal presents a problematic First Amendment question as to whether the plaintiff was a
OPINION/ORDER
Was on brief. Were on brief. Who were able to recover his automobile that night. His pistol was gone. The Rule 29 standard is identical in both the trial and appellate courts. He asseverates that there was no direct evidence to support his conviction because the authorities never recovered the carjacker's gun (and. The government presented direct evidence of Hernandez's guilt in the form of Lado's eyewitness testimony that Hernandez was armed. Is enough to support the
OPINION/ORDER
Barron & Stadfeld were on brief for appellee. The Gens Note was secured by a third mortgage on real property in Barnstable. Although the Barnstable Property was subject to two prior mortgages. Home Owners was declared insolvent and the Resolution Trust Corporation (
OPINION/ORDER
With whom Law Offices of William Maselli was on brief for appellant. Were on brief for appellee. (3) the district judge's instructions and re instructions on permissible inferences from possession in quantity were unfairly prejudicial. Facts Since we are concerned with the claim of prosecutorial misconduct and not with a claim of insufficient evidence. Our description of the facts is not limited to evidence and inferences most generous to the government. Patterson cut off Tibbetts' supply because he was concerned about potentially illicit use. He was certified to advise clients about nutrition and fitness and was himself a member of a team of weightlifters. Nor did they have knowledge of his encouraging the use of steroids. Tibbetts testified that 3 Roberts owned no large animals to whom the steroids could have been administered legally. When Roberts became concerned because a large part of an order was missing from a North Conway shipment. Roberts' car was stopped in Maine by Maine law enforcement authorities.
OPINION/ORDER
Goldfarb with whom Katz & Goldfarb was on brief for appellee. After the purchase was complete he embarked on the voyage home only to discover she was structurally unsound. (How plaintiff thought insurance could be so readily obtained is one of the mysteries in this case.). It was agreed that the closing would not take place in plaintiff's absence. Consulting engineers later determined that she was
OPINION/ORDER
Nevins was on brief for appellant. Carens & DeGiacomo were on brief for appellees. Because Speen failed to provide sufficient evidence to support a finding that he was a Crown employee for the purposes of his federal and state statutory claims. The first was that Speen was not a Crown employee. Rather an independent contractor who enjoyed no protection under the applicable statutory provisions.2 The second was that Speen had not produced sufficient evidence to allow a jury to conclude that he was maliciously discharged because of his age in violation of Massachusetts common law.
OPINION/ORDER
Bray were on brief for appellants. Levitt and Ropes & Gray were on brief for appellee. MBNA was represented by two dealerships in the North Shore area of Greater Boston: Auto Engineering. The exclusivity provision was important to MBNA. Mercedes Benz was developing several new products. Was to be sold only at exclusive dealerships. Claiming that the proposed Route 128 site was too close to his Somerville dealership. Although the suit was dismissed in April 1995. Differences were developing between MBNA and Cantanucci concerning the proposed new dealership. Yet suddenly was faced with the prospect that he could control two MBNA dealerships in New England. These concerns were borne out when Cantanucci approached MBNA for permission to construct a smaller facility on Route 128. The MBNA decision was based in part on its perceived need to move quickly. Especially since he had the highest profit margin and was rated its best dealer
OPINION/ORDER
Haber & Urmy were on brief. Were on brief. Contending that the Tax Court erred both in finding that the deficiency assessment was timely and in holding that certain of the Association's activities gave rise to liability for unrelated business income tax. I. BACKGROUND The Association is a labor organization. Is exempt from income taxes under 26 U.S.C. The purpose of the organization is to represent its members in bargaining over the terms and conditions of their employment and to promote a fraternal spirit among members. Virtually all the troopers who are eligible to join the Association do so. We will refer to the applicable provisions of the Tax Code. S 501(c)(5) will be cited as IRC S 501(c)(5). It is enough for now to say that the earnings program proved to be aptly named: gross receipts related to the publication of The Constabulary for the years at issue totalled $8. Is of no consequence here). It is said that all good things come to an end. Federal law requires that an otherwise tax exempt organization must pay federal income tax on income derived from business ventures which are not substantially related to its tax exempt purpose(s).
OPINION/ORDER
P.C. were on brief for appellees. THE EVIDENCE THE EVIDENCE We rehearse so much of the evidence as is necessary to understand the evidentiary rulings that are the subject of this appeal. Our review of the evidence is made. His designation was patrolman. He was using a gym in Dedham. Sergeant Detective Leonard Marquardt (one of the defendants) was informed by an officer of the Dedham Police Department that Lio was selling drugs steroids at a gym in Dedham. 1. Summary judgments were granted in favor of these defendants. A sting operation was set in motion. There was to be a
OPINION/ORDER
Gonz lez Law Firm was on brief for appellants. Dom nguez was on brief for appellees. It would appear that the motion to dismiss was converted to a motion for summary judgment since the district court plainly considered 2
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It was appropriate for the district court. 1002 (1st Cir. 1988) (
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Is amended as follows: Page 35. Line 4 change
OPINION/ORDER
Appellees have moved for summary affirmance. The party seeking to invoke jurisdiction has the burden of alleging with sufficient particularity the facts indicating that it is not a legal certainty that the claim involves less than the jurisdictional amount. The entire purchase price of the computer was only $2. Damages for mental pain and suffering and punitive damages are not recoverable on these facts. Day has failed to plead facts indicating that it is not a legal certainty that his claims involve less than $50. Federal Question Jurisdiction Defendant's motion to dismiss was pursuant to both Fed. Day argues on appeal that the adequacy of the jurisdictional amount is
OPINION/ORDER
Palou & Miranda were on brief for appellant. Roberto Boneta and Mu oz Boneta Gonz lez Arbona Ben tez & Peral were on brief for appellee. Inc. (
OPINION/ORDER
Were on brief. THE FACTS AND THE PROCEEDINGS BELOW The facts are set out in the district court's opinion. Presented in a manner that recognizes the statutory edge 1Section 10(l) provides in relevant part: Whenever it is charged that any person has engaged in an unfair labor practice [as defined in other sections of the NLRA]. The officer or regional attorney to whom the matter may be referred has reasonable cause to believe such charge is true and that a complaint should issue. The sequelae were predictable: overcrowded parking lots. The record reveals that on at least two of the occasions store managers complained to a Union official who was on the premises. Because the Union's actual labor dispute was with the primary employer. The Union asseverated that these shop ins were efforts to publicize its grievance with Busch. Were thus beyond the statute's proscriptive reach. Asserting that she had reasonable cause to believe that the associational shopping amounted to an illegal secondary boycott because its real purpose was to force the retailers to cease purchasing beverages from Busch.
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Is corrected as follows: On page 7. Change
OPINION/ORDER
With whom Bradley & Savasuk was on brief for appellants JUNO SRL. With whom Dickerson & Reilly was on brief for appellees S/V ENDEAVOUR. The first issue is what weight private rules and procedures should have in determining the liability of sailing vessels that collide while engaged in the sport of yacht racing. The second issue is what forum shall assess the damages that result from such circumstances. The district court decision is reported. That court ruled that the S/V CHARLES JOURDAN was liable to the S/V ENDEAVOUR after a collision between the two vessels. Found that the ENDEAVOUR was 40% at fault in causing the encounter. Was racing in the La Nioulargue Regatta. Also competing in this Regatta on a different course was the ENDEAVOUR. While the ENDEAVOUR was required to finish its course at Mark A. Was on a similar tack. Was the burdened vessel and was required to keep clear of LA POSTE. Who was sailing slower at seven knots and was to windward of CHARLES JOURDAN converging on a course approximately 40 from that of CHARLES JOURDAN.
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Was on brief for appellee. Where Jackman was being held in connection with a bank robbery in Avon. Were shown by investigators to Jackman's ex wife. Although the photographs showed only part of the robber's face beneath a baseball cap and were somewhat grainy. Stetson and Hurlock all told investigators that the man in the photographs was Jackman. She was unable to make an in court identification of Jackman.1 James Genco. The Assistant United States Attorney who prosecuted Jackman in Connecticut and who oversaw the Glastonbury lineup (which was viewed by witnesses to both the Revere and Connecticut bank robberies). The district court warned the government to advise Genco not to make any references to the fact that he was a federal prosecutor from Connecticut and not Massachusetts. Megna testified that she did not notice whether the robber was wearing gloves. A National Weather Service employee testified at Jackman's trial that the temperature at Logan Airport around the time of the Revere robbery was thirty degrees Fahrenheit.
OPINION/ORDER
Is amended as follows: On page 8. Hamilton & Scheetz were on brief for appellant. Marquez and Drinker Biddle & Reath were on brief for appellee. After the suit was transferred to the district court in Puerto Rico. After the case was transferred to Puerto Rico. An amended complaint was filed. Since the amended complaint was later dismissed on the pleadings. What follows is SAS's version of the facts. PRTC is a Delaware corporation that provides about 90 percent of the telephone service within Puerto Rico and operates over 95 percent of the pay phones in Puerto Rico. All of the stock of PRTC was acquired about 20 years ago by the Puerto Rico Telephone Authority (
OPINION/ORDER
With whom Sheketoff & Homan was on brief for appellant Leonel Catano. Was on brief for appellant James Murray. Were on brief for appellee. Jaime Catano was convicted of two possession counts. Leonel Catano was convicted of one of the possession counts. The unpublished portion of the Opinion addresses other issues that do not appear to have precedential importance. James and Michael Murray were there. The government was closing in. Was actually working undercover for the government. The DEA was aware of their itinerary. Michael Murray was to
OPINION/ORDER
Is amended as follows: Footnote 21 on page 48. The Secretary's supporting arguments are enlightening: . . .
OPINION/ORDER
Was on brief for appellee. There are two issues BOWNES. Defendant appellant was charged in count two of a two count indictment with being a felon in possession of a firearm on February 28. The Acceptance of the Guilty Plea The Acceptance of the Guilty Plea Defendant challenges the district court's acceptance of his guilty plea on two grounds: that the plea was not truly voluntary because the district court did not establish on the record that he understood the charges against him and the relation of the law to the facts. Was charged in count one of the indictment with illegal possession of a sawed off shotgun in violation of 26 U.S.C. 5861(c). 2 2 store. Because it was apparent that the barrel of the shotgun had been sawed off. It was found to be fully loaded. He admitted the shotgun was his and was arrested. He was forced to lie on the ground and was searched. It is not contested that the pistol was manufactured in California and traveled in interstate commerce to New Hampshire. P. 11 is well established.
OPINION/ORDER
Cashman and Gelerman & Cashman were on brief for appellant. With whom Diviacchi Law Office was on brief for appellee. I I BACKGROUND BACKGROUND The first five manholes were delivered to the Perdoni job site by CSI on July 2. The remaining 116 manholes were delivered intermittently in twenty six shipments extending over the next thirteen months and invoiced by individual shipment. A common point of leakage is the area where the sewer lines enter the manhole structure. Is necessary to ensure the integrity of the manhole. The pipe openings in the sides of the manholes were misshapen and the seals between the boot and rim of the openings were not watertight. 2 federal district court on April 25. Trial was held before a magistrate judge. The implied warranty claims were tried to a jury. While the Chapter 93A claim was tried to the presiding magistrate judge. It was not until after the close of all the evidence that CSI first moved for judgment as a matter of law on the implied warranty claims relating to 108 of the 121 manholes.
OPINION/ORDER
Drechsler & O'Brien were on brief for Telex J. Were on brief for United States of America. We address sentencing issues which are consolidated from three appeals. Weinstein was bookmaking. It was more appropriate to sentence them pursuant to guidelines established for operating an illegal gambling business. Which were applicable to the crimes to which both LeBlanc and Weinstein had pled guilty. LeBlanc was convicted of money laundering based upon his acceptance and negotiation of checks from gamblers who bet on various sporting events through the bookmaking business. LeBlanc was an
OPINION/ORDER
Hernandez Mayoral with whom Rafael Hernandez Mayoral was on brief for appellants. Cespedes and Ana Matilde Nin were on brief for Welch Food. Peirats with whom Jacabed Rodriguez Coss was on brief for Magna Trading Corp. 1 that it was calling off the corporate marriage because of irreconcilable differences. Our review of the caselaw and circumstances persuades us that only the antitrust claims properly were dismissed. We therefore reverse the summary judgment on the other causes of action. 1 These two related corporations are both in the food distribution business. Factual Background The facts underlying this dispute essentially are undisputed. Our review of the district court's grant of summary judgment is plenary. Welch's international marketing manager initially had suggested internally that R.W. would have to drop the Donald Duck line
OPINION/ORDER
Miranda & Pinto were on brief for plaintiff. Bird & Hestres was on brief for defendant Luis A. Is applicable to an oil drilling rig requires the court to consider for the first time the COGSA related
OPINION/ORDER
Norton pro se was on brief for appellant. Was on brief for appellee. * Chief Judge Stephen Breyer heard oral argument in this matter but did not participate in the drafting or the issuance of the panel's opinion. Norton and Kevin Johnson were drinking in
OPINION/ORDER
Savrann and Burns & Levinson were on brief for appellant. With whom Cesari and McKenna were on brief for appellee. Appellant contended that appellee's name was confusingly similar to its own. Would mislead the public into thinking that Boston Beer Works' products or services originated or were associated with those of The Boston Beer Company. Were not entitled to trademark protection. BACKGROUND BACKGROUND Appellant is a beer manufacturer. The Pittsburgh facility was independently owned. Appellant's
OPINION/ORDER
Maria Soledad Ramirez Becerra with whom Mercado & Soto was on brief for appellee Saint James Security. The United States District Court for the District of Puerto Rico dismissed the plaintiffs' diversity tort suit on two grounds: (1) that the Puerto Rico statute of limitations barred the suit and (2) that dismissal was warranted because of one of the plaintiffs' repeated failures to comply with the court's pretrial orders. Bonilla was a guest at the Sands Hotel in Puerto Rico and as a result of the hotel's negligence. He suffered various injuries when he was struck in the head with a volleyball while in the Jacuzzi area. Since (a) the suit was filed 14 months after the alleged injury and (b) Mr. (2) that dismissal
OPINION/ORDER
McGovern with whom Indeglia & McGovern was on brief for appellant. Sherman and Edwards & Angell were on brief for appellee. Allens adds that this failure is responsible for a significant part of a $210. After listening to Allens' proposed evidence about damages evidence designed to show for what portion of the fine Napco was responsible the district court ruled that Allens' evidence was not sufficient to pinpoint Napco caused damages with
OPINION/ORDER
Was on brief for appellants Jorge G mez Olarte and Alejandro Rojano Rangel. Were on brief for appellee. I I The facts are set forth in the light most favorable to the government. 1 were on board a forty three foot sports fisherman. All appellants are Colombian nationals. They were intercepted by the U.S.S. BIDDLE was charged with boarding northbound vessels of less than four hundred feet as part of the government's drug interdiction program. BIDDLE were to conduct the boardings and investigations.3 Following standard procedure. Was acquitted at trial. 2 The parties stipulated that the vessel was subject to the jurisdiction of the United States. 3 Pursuant to 10 U.S.C. 379(a) (Supp. 1992). They also conducted a so called space accountability search to ensure that the vessel was not compartmentalized secretly for smuggling. Stated that Roberto de Armas owned the vessel and that appellants were employed to bring the boat from Colombia to St. No contraband was discovered. (2) that appellants were from a known drug source country.
OPINION/ORDER
1993 is amended as follows: In footnote 1. 1993 is amended as follows: On page 7. Millimet & Branch were on brief for appellants. Bass & Green were on brief for appellees. Both sides are engaged in providing medical services through health maintenance organizations (
OPINION/ORDER
1993 is amended as follows: On page 4. Gallardo was on brief for appellant. Melendez Albizu were on brief for appellee.
OPINION/ORDER
Professional Association were on brief for appellant Edews. P.C. was on brief for appellee. He was informed by the Spinneys. That there were no vacancies. That for $10 he could have the use of a mattress in the second floor sitting room. Into that part of the building that was owned and occupied by defendant Scandinavi. Where there was a bed. There were lighting fixtures by the bed. Finding that all parties were negligent. The present appeal is from the court's refusal to direct verdicts for defendants n.o.v. One being that the model room was improperly designed. Stating his position that the design was
OPINION/ORDER
Inc. was onbrief for appellees. Was defeated at the polls. Is a Democrat. Because parimutuel wagering is permitted at theprivately owned jai alai fronton in Newport. State employees are assigned to work there. The fronton is open on a seasonal basis. All were Republicans. 4. The list was delivered the same day. The three vacant positions were specified. 5. Denominating the job that each person was to perform at thefronton. The plaintiffs' positions were encompassed. Twelve ofthe newcomers were Democrats. Was Cruise's close personal friend. 6. The plaintiffs were cashiered the next day. The court determined that interim relief was warranted. Theparties agree that partisan political affiliation was not alegitimate requirement for the due performance of any of theaffected jobs. The plaintiffs were protected against patronagedismissals by a clearly established First Amendment right. Is whether thedistrict court erred in concluding that the plaintiffs were likelyto succeed on the claim that their discharges were politicallymotivated.
OPINION/ORDER
Miller & Candon were on brief. Gardner was on brief. Circuit Judge. seems to have been fueled as much by indignation as by the dollars involved. The extent of its victory was curtailed somewhat by the judge's trimming of the award. All was serene: DCPB rendered services. We merely summarize the results insofar as they are pertinent to the appeals. THE PLAINTIFF'S APPEAL The plaintiff contends that the jury's award of enhanced damages should have remained intact. The contention is dichotomous. Our review is plenary. Punitive damages are not allowed in New Hampshire except in specific instances enumerated by the state legislature.1 See N.H.
OPINION/ORDER
Were either makers or personal guarantors. Whose president was Philip Burgess Jr. Was the principal obligor on three notes. 00 0.1 It is stipulated that Burgess Sr. Orders for involuntary chapter 7 relief were entered against Burgess Jr. and BEMC in April. Were secured by real estate mortgages on which the Bank foreclosed leaving a $35. The district court affirmed on the ground that the Bank had
OPINION/ORDER
Burns & Levinson were on brief for appellant. Dana & Gould were on brief for appellees. Appellant Phantom Touring Company produces a musical comedy version of
OPINION/ORDER
Was on brief for appellant Superior Court of Puerto Rico for the District of Arecibo. Bonnet Rosario was on brief for appellants Rivera Santos. William Ramirez Hernandez with whom Nora Vargas Acosta was on brief for plaintiffs. Jeanne Finberg and National Senior Citizens Law Center were on brief for intervenors appellees. The Superior Court judgment was based on a determination that Casa Marie was operating in violation of local zoning ordinances and JDA restrictive covenants. A. The Opening and Expansion of Casa Marie The Jardines de Arecibo housing development was established in 1967. Each property in the development is subject to restrictive 3 covenants allowing only detached single family residences. Was established by Maria Pla Placencio on a dead end street in a section of JDA zoned residential (R 3). Elder care facilities are not allowed except as a variance. Casa Marie was granted a six month provisional DSS license to operate an elder care facility on Lots 19 and 20. Casa Marie was denied a permanent DSS license due in part to the discovery that the A.R.P.E. 1As these endorsements were not seriously at issue.
OPINION/ORDER
Sitting by designation.\ ' var WPFootnote2 = '
OPINION/ORDER
It is the Commonwealth\'s DOE that is\ responsible for the education of students.
OPINION/ORDER
Hahn LLP were on brief. Were on brief. This is a case of first impression for this circuit on several issues under the Lanham Act. Was chartered in 1990 by the Rhode Island legislature as the workers' compensation insurer of last resort in the state.
OPINION/ORDER
Weld LLP were on brief for appellants.
OPINION/ORDER
P.S.C. were on brief. P.S.C. were on brief. That is not normally the stuff of lawsuits in federal court. Her injuries were more than trivial and led to surgery. The claims of Beatriz's family members were composed of emotional distress damages. Plaintiffs' choice of federal court was no doubt influenced by the fact that civil jury trials are unavailable in the local courts of Puerto Rico.
The case raises two issues. First is the classic question whether each of the plaintiffs meets the amount in controversy requirement for diversity jurisdiction. 28 U.S.C. § . Using an analytic approach that we have since rejected. Held that it was a legal certainty that none of the plaintiffs' claims was worth $75. We reverse and hold that it is not a legal certainty that she could not recover an award over $75. We uphold the district court's conclusion that none of Beatriz's family members satisfies the amount in controversy requirement.
The second question is whether Beatriz's family members may nonetheless remain as plaintiffs under the supplemental jurisdiction statute.
OPINION/ORDER
Small LLP was on brief. Sullivan was on brief. Concluding that the district court's reasoning is sound as to the bulk of the award. A practice that was his own idea. Only nine of which were relevant to the forfeiture analysis because of the applicable five year statute of limitations. Including how bets were placed and winnings distributed.
OPINION/ORDER
P.A. were on brief. P.A. were on brief. Alleges that he was the object of both racial discrimination and slander during and after a shopping trip to a Radio Shack store. He was the only African American on the premises. Three employees all of whom were white monitored his movements. A clerk told the appellant that the scanner he wished to buy was not in stock. Some batteries that were to his liking. 000 was missing. Richard told him that all the customers who were in the store during the same time frame had been reported as suspects in the theft. This statement was patently false. We examine each count separately.
OPINION/ORDER
Jr. was on brief for appellant Basilio Rivera Rodrí. We address the appeals of Basilio Rivera Rodriguez (
OPINION/ORDER
Was on brief. Which have their genesis in an effort by the petitioner. We agree with the transferee judge's finding of error the original trial judge used an incorrect procedure in dealing with the jury note but we hold that this error was harmless under the circumstances. We hold that under the law of the case doctrine the transferee judge should not have revisited the issue. Should have left intact the original judge's finding that no constitutional violation had occurred.
OPINION/ORDER
LLP were on supplemental brief for appellant.
OPINION/ORDER
Were on brief. Were on brief. Holding that the policies in question were not sufficiently related to RSA's injuries to support a finding of antitrust standing. RSA Media. We affirm.
OPINION/ORDER
LLC was on brief. Will &. Were on brief. No permit was forthcoming. I. While the suit was pending. We hold that the Fish Pier is a non public forum. That the leafletting ban which is content neutral and reasonable in light of the uses to which the pier is put is a valid exercise of governmental authority. We hold that Massport's permit requirement is valid on its face: the neoteric regulations sufficiently limit official discretion and the restrictions imposed are both content neutral and narrowly tailored.
OPINION/ORDER
Were on brief. Were on brief. The tubes were used by Wellons. Wellons was awarded some but not all of what it sought. Saint Gobain filed for declaratory relief that it was not liable under warranties it provided in the contract selling the tubes to Wellons. Saint Gobain claimed that the breakage was not caused by a defect in the tubes and that. The date by which the parties agreed delivery of all the tubes was complete.
OPINION/ORDER
LLP were on brief. The appellant's first four counts were vulnerable because he was not the real party in interest (Dyman. We confine our discussion accordingly.
OPINION/ORDER
Were on brief. Were on brief. The district court determined that NDI should receive some of the payments it claimed were due under its contract with ISSI. That it was not entitled to the full amount because it had failed to render complete performance under its agreement with ISSI. Background
OPINION/ORDER
Liston was on brief. Chaffin were on brief. Benefits related claims are to be arbitrated later. The arbitrator determined that Hutson's request for arbitration was timely and that he was. Held on round one that the arbitrator exceeded his authority and so vacated and remanded the finding that Hutson's request for arbitration was timely. The arbitrator again concluded that Hutson's request was timely. The basic dispute between the parties is whether this aggregation of sections required that notice of demand for arbitration be filed with the AAA. While Hutson was hospitalized following a liver transplant. Asserting that Hutson was due commissions for work on an account in 1990 and requesting arbitration of the dispute in accordance with the provisions of the Plan. In relevant part:
OPINION/ORDER
D'Ambrosia was indicted for racketeering conspiracy. He was granted bail pending trial on the condition that he post a $250. A bail revocation hearing was held. D'Ambrosia was the incarcerated. D'Ambrosia moved to have the conditions of house arrest reinstated. D'Ambrosia's home detention was continued until sentencing. The District Court denied the motion on the ground that it was outside its authority to extend such a credit. D'Ambrosia was sentenced to a period 2 of imprisonment of 30 months. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. The District Court did not have jurisdiction to hear D'Ambrosia's application for credit pursuant to 18 U.S.C. § 3585 because D'Ambrosia had not exhausted his administrative remedies. Because
OPINION/ORDER
Contending that the District Court erred in enhancing his sentence on the ground that his crime was committed while on release from another federal offense. Hecht argues that the enhancement was improper because he was not notified of the possibility of enhancement at the time of his release on thefirst offense. We hold that pre release notice of the possibility of enhancement is not required. Hecht was released on bail pending sentencing. He was sentenced to 18 months of imprisonment on October 25. From 1993 to 1995 Hecht was also running a fraudulent sports merchandise distributorship operation called Pacesetters of North America. The resulting sentencing range was 37 to 46 months. Hecht claims that the enhancement may not be applied because he was not given notice. Add 3 levels to the offense level for the offense committed while on release as if this section were a specific offense characteristic contained in the offense guideline for the offense committed while on release.
OPINION/ORDER
We have consolidated these two cases the underlying case and the sanctions award for consideration in the instant appeal. We will affirm the District Court's orders of summary 2 judgment. I. FACTS AND PROCEDURAL HISTORY Because the facts are known to the parties. Veneziano was employed as a warehouse manager by LIP for approximately one year. Veneziano's employment with LIP ended after he was hospitalized and diagnosed with symptomatic HIV and PCP. Because Veneziano was no longer an employee of LIP. His insurance coverage was eventually terminated by Aetna. The insurance coverage was reinstated under Title X of the Consolidated Omnibus Reconciliation Act of 1985 (
OPINION/ORDER
PA 19107 * This matter was originally heard on February 12. The Panel was reconstituted to include Judge Roth. The appeal was submitted. 2 Sharyn A. Which was implicit in Griggs v. We will affirm the judgment of the District Court in favor of SEPTA. We have jurisdiction pursuant to 28 U.S.C. There is. One undisputed fact which bears repetition because it sets the stage for what is to follow: it is undisputed that SEPTA management wanted to improve the crime fighting ability of SEPTA's force and the fitness of its officers. This case was consolidated before the District Court with United States v. That motion was granted on October 12. SEPTA officers are deployed alone and on foot. Is characterized by long distances between stations. These calls are divided into two categories. Often the only method available to get to the scene quickly is a run of five to eight city blocks.
OPINION/ORDER
Antico asserts that he is entitled to a new trial for three reasons: (1) the District Court's failure to instruct the jury. The Government must prove that at least two of the sixteen racketeering acts charged were connected by a common scheme. That at least two of the racketeering acts were committed within ten years of each other (one of which occurred within the five year statute of limitations). 3 for other reasons stated in this opinion. In the following recitation of the schemes on which Antico's conviction was based. L&I's function is to administer and enforce the City's code requirements. Officials of L&I are empowered to issue zoning and use permits and licenses according to a first come first served policy. The extortion and wire fraud schemes that Antico concocted while he was a public official at L&I and after he left its employ are detailed below. The zoning issue that led to the store closing on December 22 was still pending and they were concerned that Antico would use his position with L&I to keep the business closed.
OPINION/ORDER
This is an appeal from the denial of preliminary relief in a trademark infringement action. Because the denial of the preliminary injunction was premised on legal errors. The following facts are undisputed. It advised Andrx to
OPINION/ORDER
Jermane Bonner fled from police after the car in which he was a passenger was stopped for a routine traffic violation. Discovered that he was carrying crack cocaine. Articulable suspicion that Bonner was involved in criminal activity. The District Court reasoned that the sole basis for the stop was Bonner's flight from police. Mere flight when police appear on the scene is not sufficient to estab lish reasonable suspicion. PA 15219 Counsel for Appellant We will reverse. Although flight alone is not enough to justify a police stop. This is not a case of flight upon noticing police. The officers in this case were effectuating a legitimate traffic stop. Sweeney were in uniform and on duty at the police security booth at the entrance to the Ohioview Acres housing project in Stowe T o w nship . There were two passengers: the driver's brother. Driving in the direction Bonner was running. Which were later tested and found to be crack cocaine. The driver and other passenger were told to put the vehicle in park.
OPINION/ORDER
Which was found by a state court to be a common nuisance and was closed down by the state court for a year. Holding that the plaintiffs' federal claims were inextricably intertwined with the state court decision. We also conclude that we cannot determine from the face of the complaint whether the plaintiffs' procedural due 3 process claim is inextricably intertwined with the state court decision. We therefore vacate the order dismissing that claim and remand for the plaintiffs to set out the claim with sufficient detail to enable the District Court to determine whether it is inextricably intertwined with the state court decision. We will summarize the facts alleged in the complaint. We express no view on whether they are well founded. Inc. are all corporations organized under the laws of Pennsylvania. Francis and Martin Desiderio are officers. The customers patronizing Desi's were predominantly white. The residents of Wilkes Barre are predominantly white. Were in fact motivated by a desire to drive AfricanAmericans and Latinos out of Wilkes Barre.
OPINION/ORDER
Procedural due process and equal protection by suspending him from school for uttering the statement
OPINION/ORDER
We will reverse. Arthur Pelullo is the president and owner of Banner Promotions. Antwun Echols is a professional boxer with a current record of twenty nine wins. If certain conditions were met. The Agreement gave Banner the right to be Echols's sole representative in negotiations with any third parties that were interested in having Echols box on their television networks. Banner's major obligation under the Agreement was to
OPINION/ORDER
The sole issue in this appeal is whether the District Court erred by concluding that it lacked discretion to grant Isabel Dominguez a downward departure from the Sentencing Guidelines based upon her family circumstances. Because a District Court has the discretion to grant a downward departure when the family circumstances lie outside the parameters of what is ordinary. We will vacate the sentence and remand the matter to the District Court for re sentencing. Isabel Dominguez is an unmarried woman in her midforties. When the customer was indicted for money laundering. Dominguez was indicted for. She was sentenced to thirtyseven months imprisonment and three years supervised release. Nor was there evidence that she profited in any way from her assistance to the customer. Even the government conceded it was difficult to understand Dominguez's motivation and speculated that. Because the bank 2 pressured its branch managers to bring in business and Dominguez was having trouble bringing in new accounts. Who were physically and financially dependant upon her.
OPINION/ORDER
Because the facts are known to the parties. Theodora Penny (Theodora) was vacationing in the Borough of Wildwood Crest. The crosswalk is nothing more than an area marked for purposes of walking across the road by painted stripes. The depressed area of the crosswalk was part of a street patch that measured approximately six feet six inches in length and five feet two inches in width. Contending that the plaintiffs have failed to satisfy the statutory requirements that the defendants' conduct was
OPINION/ORDER
Each of whom is a member of the Plaintiff Class. On behalf of their clients who are Objectors to and class members affected by Pretrial Order No. 2663. Approximately four million people took Pondimin and two million took Redux before AHP removed the diet drugs from the market in 1997 after they were found to be associated with valvular heart disease (
OPINION/ORDER
Monaco was born on March 9. United States Life promoted him in 1979 to regional group manager in which position he was responsible for opening the New Jersey regional office in Chatham and oversaw the sales representatives and clerical staff in that office. Was Monaco's immediate supervisor. Who was retiring. AGAC determined that its medical insurance line of business was incurring large losses. He was age 53. Who was vice president of the Eastern Region. Who was vice president of the Western Region. When Leary informed Monaco that AGAC was laying him off effective June 30. He explained that it was doing so because it was eliminating his position of vice president for the Eastern Region as it was consolidating its Eastern and W estern Regions under Shaw's control. Who was born on April 26. Is approximately two years younger than Monaco. McKellar worked out of the New Jersey office and was responsible for national sales and other senior management duties in addition to overseeing the Eastern Regional sales offices.
OPINION/ORDER
We will dismiss the appeal for lack of jurisdiction. It is not necessary to recite the facts of this case in detail. It is sufficient to note that on July 16. Because it was untimely and because Gregory Chusid did not establish grounds to warrant reconsideration. 3 Gregory Chusid filed a Notice of Appeal on August 16. We will dismiss the appeal for lack of jurisdiction. No matter how the Incarceration Order is characterized. No timely action was ever taken to preserve Chusid's appellate rights. Chusid's motion for reconsideration was also untimely. As it was not filed within ten days after the entry of judgment as required by Fed. An untimely motion for reconsideration is
OPINION/ORDER
The twenty two unemployed umpires subsequently filed grievances that were submitted to an arbitrator. The Leagues contend that the dispute was not arbitrable in the first instance. We will affirm the judgment of the District Court. The American and National Leagues together comprise what is commonly referred to as Major League Baseball (MLB). The MLUA believed that Commissioner Selig was attempting to implement various new policies that violated the CBA between the MLUA and the Leagues. 1 To resolve its disputes with the Leagues. As was purportedly the traditional method of addressing issues surrounding exhibition games. (4) enlist the aid of club general managers to
OPINION/ORDER
Circuit Judge: At issue in this case is whether it was reasonable for the National Labor Relations Board (
OPINION/ORDER
We will reverse and remand for further proceedings consistent with this opinion. Prohibits the use of funds appropriated for the United States Bureau of Prisons (the
OPINION/ORDER
His major complaint is that the government improperly joined and tried separate and unrelated crimes and conspiracies he allegedly committed with several individuals over the course of many years. We will affirm the convictions for the reasons set forth below. The trial evidence showed that Irizarry was a central member of a criminal group that operated out of Jersey City. Irizarry's principal job was carrying out the group's criminal activities. Franco Durso was Irizarry's boss. These five individuals formed the core membership of Irizarry's crew although others were associated with it from time to time. Ranieri was next in line to take control of a group that was the Sicilian wing of the notorious Gambino crime family. Ranieri was based in Brooklyn. McGuiness testified that a
OPINION/ORDER
All but one of which were handguns. At issue on appeal is the sentence imposed by the District Court under the United States Sentencing Guidelines (
OPINION/ORDER
Are not subject to federal certification and registration requirements. We will. An
OPINION/ORDER
We hold that the two year state limitations period does apply to KingVision's FCA claims because the Pennsylvania piracy statute is directly analogous to § 553 of the FCA and neither 1 the
OPINION/ORDER
Appellants are individuals who purchased shares of General Nutrition Companies. Were adversely affecting GNC's comparable store sales. This failure to disclose caused the price of GNC stock to be higher than it otherwise would have been. This decline in price was only temporary. The stock was trading at approximately $38.00 a share. 5 true all factual allegations in the complaint and will affirm the dismissal
OPINION/ORDER
The only facts before us are those alleged in the complaint itself. Diamond is the President of ASA and Division Director for General Surgery at Allegheny General. Magovern is the President of CTSA and Chairman of the Department of Surgery at Allegheny General. Magovern accused Brader of incompetence and of having improperly rendered trauma treatment to a patient who was on the call service of CTSA (Magovern's group) although the details of Magovern's displeasure are not spelled out in the complaint. It was opposed by Magovern. That Brader could not practice medicine at Allegheny General if he was not employed with ASA. Which Brader contends was not performed in accordance with Allegheny General's medical staff bylaws. In May 1990 after the study was completed. Brader alleges that Ochsner was a personal friend of Magovern. Brader contends that he was prevented from having an informal conference with Ochsner in violation of the medical staff bylaws. That Brader's mortality experience was not surprising or unexpected but recommended that his performance of ruptured AAA procedures should be supervised due to excessive morbidity.
OPINION/ORDER
Circuit Judge: This appeal concerns 264 nudist magazines that were imported to the United States from France and Germany. The issue on appeal is whether those magazines are obscene and are therefore subject to seizure and forfeiture under 19 U.S.C. The District Court found that the magazines were obscene and ordered their forfeiture. Which are either in French or German. Are devoted to nudists' lifestyles. D'Alessandro of the United States Attorney's Office for the District of New Jersey examined the magazines and determined that all 2 264 magazines were obscene. The magazines were then seized pursuant to 19 U.S.C. Alleging that the content of the magazines is obscene and that. The magazines are subject to seizure and forfeiture under 19 U.S.C. Left open for ultimate determination whether the seized materials were obscene. The parties agreed that the following books are regularly available for purchase within the jurisdiction of the United States District Court for the District of New Jersey: David Hamilton.
OPINION/ORDER
We will reverse and remand for further proceedings. The property is located within 600 feet of a structure that. It is also within 1500 feet of the Brick High School. Which is frequented by young customers. Not far away is the only branch of the Ocean County Public Library in Brick. Among others that are not challenged before us: There shall be no private viewing of movies within an enclosed area anywhere upon the premises or within the structure. Obstructions or privacy provided the movies are not rated R. Ann. 2C:34 6 (West Supp. 1997)). 3 sale of such materials can only take place in an area of the premises that is separated. Separately walled through which admission can only be gained by a separate door which shall have a sign affixed to it stating that admission is only to those persons over eighteen years of age. Sound acknowledged that this was a
OPINION/ORDER
We will reverse and remand for further proceedings. . The property is located within 600 feet of a structure that. It is also within 1500 feet of the Brick High School. Which is frequented by young customers. Not far away is the only branch of the Ocean County Public Library in Brick. . Among others that are not challenged before us:
OPINION/ORDER
Inc. was ordered to pay $60. The key issues raised in this case are whether General Instrument Corporation had standing to bring a suit under the Cable Act (Nu Tek's appeal) and whether statutory civil damages under the Act are limited to $60. The scope of the injunction and the calculation of the amount of attorney's fees are also at issue. We will affirm the judgment of the District Court on all issues. 2 I. The converted boxes were
OPINION/ORDER
Circuit Judge: This is the second time that this habeas corpus proceeding has been before us. We will reverse. I. William Weatherwax was indicted for the shooting death of St. Only one of those arguments is relevant to this appeal. Weatherwax alleged that during his trial a juror was observed with a newspaper containing an article about the trial. Reasoning that the newspaper article was
OPINION/ORDER
The parties have responded and with supporting briefs. Where the Court held that regulation of a private electric utility was not sufficient
OPINION/ORDER
Powell was struck by a vehicle owned by Kenneth Wagner. Which was the maximum amount of coverage under Wagner's policy. That is
OPINION/ORDER
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.
OPINION/ORDER
The issue on appeal is whether a board of education exceeded its authority by implementing a consensual program to distribute condoms in public schools in order to prevent disease. We will affirm. HIV infection are epidemic among school age youth . . . . Have an obligation to promote a healthy lifestyle for all adolescents.
OPINION/ORDER
As well as against the law firm D'Ancona & Pflaum with which Brown and Klaus are associated. This appeal raises a number of issues which we will consider seriatim. 1. He provides no legal argument to support his contention that the District Court erred and we have found none. 2 I. Remick was successful in negotiating for Manfr edy an Exclusive Promotional Agreement between Kushner and Manfredy. There was a disagr eement between Remick and Manfredy over negotiations for an HBO televised fight between Manfredy and Azumah Nelson. The agreement provided Remick was to receive 5% of up to $35. I have decided to terminate your engagement. Remick claimed that he was entitled to an 8% share of Manfredy's purse because he negotiated the overarching Exclusive Pr omotional Agreement between Manfredy and Kushner . Sent a letter to Remick stating: We are writing in response to your letter of September 2. He was left with no 4 alternative other than to sever his association with you. Because you are an attorney. We are not aware of any legal principle which allows you to
OPINION/ORDER
Contending that the District Court erred in enhancing his sentence on the ground that his crime was committed while on release from another federal offense. Hecht argues that the enhancement was improper because he was not notified of the possibility of enhancement at the time of his release on thefirst offense. We hold that pre release notice of the possibility of enhancement is not required. Hecht was released on bail pending sentencing. He was sentenced to 18 months of imprisonment on October 25. From 1993 to 1995 Hecht was also running a fraudulent sports merchandise distributorship operation called Pacesetters of North America. The resulting sentencing range was 37 to 46 months. Hecht claims that the enhancement may not be applied because he was not given notice. Add 3 levels to the offense level for the offense committed while on release as if this section were a specific offense characteristic contained in the offense guideline for the offense committed while on release.
OPINION/ORDER
This case is before this court on appeal from an order of the district court granting summary judgment on all counts to the appellees in this antitrust action brought against them by the Massachusetts School of Law at Andover. An examination of the parties and conduct in question is first necessary. A national professional organization of attorneys whose membership is open to members of any bar in the United States. There were 177 ABA accredited law schools in the United States and over 50 unaccredited schools with some form of state approval such as MSL enjoys. Many states have methods of satisfying the legal education requirement other than graduation from an ABA accredited school. The AALS is an association of 160 law schools which serves as a learned society for law schools and legal faculty and as a representative of the law school community with the federal government and other education organizations. D.C. have granted petitions of graduates of MSL to take the bar. The ABA allows graduates of non accredited schools to join the ABA once they are admitted to a bar and does not prohibit its members from hiring or otherwise dealing with graduates of such schools.
OPINION/ORDER
Circuit Judge: The issue presented by this appeal is whether the plaintiffs. It was error for the District Court to dismiss their Complaint pursuant to Federal Rule of Procedure 12(b)(6). We will r everse. 2 I In March 1998. Including Langford's and Marsh's jobs.1 A total of approximately $1.4 million was needed to fund those programs and jobs which were excluded from the proposed budget. Funding for these programs and jobs was not included in the budget because their pr ojected costs exceeded the maximum budget increase allowable under New Jersey law. The City Council was empowered without review to approve unilaterally the Cap Waiver. Marsh was the Neighborhood Facilities Coordinator. Langford was the Neighborhood Facilities Liaison. His annual salary was $30. Plaintiffs allege that their jobs were eliminated in r etaliation for their political opposition to the Mayor in the 1998 election. The District Court held that the individual defendants had immunity because their acts were legislative in nature.
OPINION/ORDER
New Jersey Counsel for Appellant * Honorable Will Garwood. Swint was arrested and charged by information with one count of violating 18 U.S.C. The agreement provides that the nonprosecution provisions will be ineffective if Swint commits any new federal. Is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States. Is punishable as a principal.
OPINION/ORDER
A public school teacher asserts that he was punished because of the principal's belief that he had called the press about a matter of public interest at the school. We will affirm the grant of summary judgment in favor of the principal. Is an English teacher at Truman High School in Bristol Township. Who at that time was en route to the school. Plaintiff denied that he had called him or was even acquainted with him. Was unable to identify the caller.
OPINION/ORDER
A public school teacher asserts that he was punished because of the principal's belief that he had called the press about a matter of public interest at the school. We will affirm the grant of summary judgment in favor of the principal. Is an English teacher at Truman High School in Bristol Township. Who at that time was en route to the school. Plaintiff denied that he had called him or was even acquainted with him. Was unable to identify the caller. The complaint in the district court alleged that the removal from extracurricular positions was a retaliatory action by defendant pursuant to his belief that plaintiff had exercised his First Amendment rights. You did not call the Courier Times? 3 Answer: That is correct. * * * * * * * * * * Question: Have you at any time. Answer: No. * * * * * * * * * * Question: Have [your fellow teachers] .. . in the last five years. The district court concluded that
OPINION/ORDER
INTRODUCTION: The revolutionary changes in the health care field over the past decade have spawned many novel market arrangements. Perhaps the most significant development is the ascendency of managed care driven health maintenance organizations (
OPINION/ORDER
When she was discharged from her position as marketing coordinator in the Allegheny County Department of Development. Azzaro claims that her discharge was in retaliation for her reporting an incident of sexual harassment by an executive assistant to the County Commissioner. We conclude that there was sufficient evidence from which a reasonable factfinder could conclude that there was a causal link between plaintiff's report of sexual harassment and her termination. We also conclude that plaintiff's report of sexual harassment is constitutionally protected speech. We will reverse the district court and remand for a resolution of the remaining factual issues. I. Because we are obligated on summary judgment to view the facts in the light most favorable to the nonmoving party. We will present Azzaro's version of the events leading up to her discharge. 1991 just over a year before she was discharged when her husband. Who was also employed by the County. Had a verbal confrontation with employees of the County Department of Employee Relations regarding the manner in which the Azzaros' daughters were treated in connection with their applications for jobs as County lifeguards.
OPINION/ORDER
With him on the briefs were Charles H. With him on the brief were Peter D. With her on the brief were Adam C. This legislation required the Secretary of Transportation to
OPINION/ORDER
With her on the briefs was Kurt A. With him on the briefs were Arthur F. A complaint was issued. The possibility of conducting a fair rerun election was only slight. Because the Board failed to credit Cogburn's properly raised evidence of
OPINION/ORDER
With him on the brief was Caroline Turner English. With him on the brief was Richard K. SSS also contends that the SSS/SSI Joint Venture Agreement is null and void because it was executed under duress. SSS's action is based on a claim of copyright infringement under 17 U.S.C. ss 106 and 602. Because the
OPINION/ORDER
With him on the briefs were Martin R. Feore Jr. and Scott Dailard were on the brief for amicus curiae Paxson Communications Corporation. With him on the brief were Jane E. Andrew Jay Schwartzman and Harold Feld were on the brief for interve nors. The local television ownership rule now on review allows common ownership of two television stations in the same local market if one of the stations is not among the four highest ranked stations in the market and eight independent ly owned. Inc. (
OPINION/ORDER
With him on the briefs were Charles R. Jaffe was on the brief of amicus curiae Eagle Forum Education & Legal Defense Fund. Were on the brief of amici curiae Laura N. With him on the brief were David W. Schweitzer were on the brief of amici curiae The Sher wood Anderson Literary Estate Trust. 17 U.S.C. s 302(a). (2) For a work created in 1978 or later that is anonymous. Or is made for hire. The term is extended from 75 to 95 years from the year of publication or from 100 to 120 years from the year of creation. For which the initial term of copyright was 28 years. The renewal term is extended from 47 to 67 years. The CTEA is but the latest in a series of congressional extensions of the copyright term. In 1976 the Congress altered the way the term of a copyright is computed so as to conform with the Berne Convention and with international practice. Where there was no identifiable author. The plaintiffs filed this suit against the Attorney General of the United States to obtain a declaration that the CTEA is unconstitutional.
OPINION/ORDER
With him on the briefs were Charles R. Jaffe was on the brief of amicus curiae Eagle Forum Education & Legal Defense Fund. Were on the brief of amici curiae Laura N. With him on the brief were David W. Schweitzer were on the brief of amici curiae The Sher wood Anderson Literary Estate Trust. 17 U.S.C. s 302(a). (2) For a work created in 1978 or later that is anonymous. Or is made for hire. The term is extended from 75 to 95 years from the year of publication or from 100 to 120 years from the year of creation. For which the initial term of copyright was 28 years. The renewal term is extended from 47 to 67 years. The CTEA is but the latest in a series of congressional extensions of the copyright term. In 1976 the Congress altered the way the term of a copyright is computed so as to conform with the Berne Convention and with international practice. Where there was no identifiable author. The plaintiffs filed this suit against the Attorney General of the United States to obtain a declaration that the CTEA is unconstitutional.
OPINION/ORDER
With him on the briefs were James M. With her on the brief were Wilma A. With him on the brief were Lloyd N. Circuit Judge: This is an appeal from the judgment of the district court dismissing a complaint filed against the National Science Foundation (
OPINION/ORDER
With him on the briefs were Gary C. With him on the brief were James Michael Kelly. At a time when those agents were buying toma toes from JSG on behalf of their respective employers. Alleging that the Judicial Officer was proceeding from an incorrect legal premise. A later Congress summarized the purpose of PACA as fol lows: [PACA] is admittedly and intentionally a
OPINION/ORDER
With her on the brief were Wilma A. Rouse and Gartmon were convicted and sentenced to prison for 57 months and 120 months. Checks were issued by the finance department. Because Health Plan employees knew that Glascoe was dating Gartmon. One was Donna Rouse. It was unclear who deposited the eighth. Nor was she ever employed by the printing company. The complaint falsely claimed that Rouse was vice president of the printing compa ny and that the company had printed materials for the Health Plan. Knowing that the money was for Gartmon. She filed three post trial motions that are now at issue in this appeal. Claiming that the evidence was insufficient to support the verdict. The district court determined that the abuse was not
OPINION/ORDER
Ginsberg were on the briefs. Halloran were on the brief. We conclude that we are without jurisdiction to decide LaRouche's Voting Rights Act claims and therefore remand them for the convening of a three judge district court. Have established a bona fide record of public service. Welfare and success of the Democratic Party of the United States at heart and will participate in the Convention in good faith. Is a bona fide Democrat whose record of public service. Public writings and/or public statements affir matively demonstrates that he or she is faithful to the interests. Will participate in the Convention in good faith. Before the first primary was held. Fowler determined that: Lyndon Larouche [sic] is not a bona fide Democrat and does not possess a record affirmatively demonstrating that he is faithful to. This determination is based on Mr. Including beliefs which are explicitly racist and anti Semitic. Larouche [sic] is not to be considered a qualified candidate for nomination of the Democratic Party for President....
OPINION/ORDER
With him on the briefs were Richard A. With him on the briefs were Donald C. Green were on the brief for amicus curiae American League of Lobbyists. Circuit Judge: Sun Diamond is a large agricul tural cooperative owned by individual member cooperatives including Diamond Walnut Growers. Who was responsible for investigating allegations of unlawful activity by former Secretary of Agriculture Mike Espy. Linking Sun Diamond and Espy was the figure of Richard Douglas. Douglas was responsible for (among other things) representing the interests of the corporation and its member cooperatives in Washington. The Department of Agriculture (
OPINION/ORDER
Mause were on the briefs. During the mid 1980s C&W and CCC entered into a joint venture in which CCC was to develop a Caribbean wide FM broadcast ing system that C&W would then use to offer an FM paging service. CBS later sought and was granted leave to file a First Amended Com plaint in order to correct a technical error in its description of the ownership of CBS. The court explained that the complaint
OPINION/ORDER
Attorney at the time the brief was filed. Were on the brief. Circuit Judge: Appellant Richard Gartmon was convicted of interstate transportation of securities obtained by fraud and of money laundering in connection with a scheme to defraud the George Washington University Health Plan. (3) the trial court erred in not declaring a mistrial after federal agents spoke with an excused alternate juror who subsequently was re empaneled. (4) the evidence was insufficient to establish venue in the District of Columbia on most of the money laundering counts. Was also charged with subornation of perjury. He told her she was not a
OPINION/ORDER
McClelland were on the briefs. Were on the brief. The Commission designed a scheme intended to ensure that any system not facing such competition would nevertheless charge approximately the same rates as if it were in a competitive market. A system operator's initial permitted rate either was its rate in effect on September 30. Or was calculated in accordance with certain FCC formulas and worksheets with out reference to rates in effect on September 30. One of the cable operators' complaints in that case (and the only one relevant to Time Warner's instant petition) was that the FCC unreasonably did not allow
OPINION/ORDER
Le vine were on the briefs. Spitzer were on the brief. Attorney at the time the brief was filed. Were on the brief for the United States of America as amicus curiae. Ordinance that the United States Court of Appeals for the Fifth Circuit had held was constitutional. Act bars unmarried and unemanci pated persons 1 under seventeen years old from being in 1 Although the curfew law is entitled the
OPINION/ORDER
With him on the briefs were Richard A. With him on the briefs were Donald C. Green were on the brief for amicus curiae American League of Lobbyists. Circuit Judge: Sun Diamond is a large agricul tural cooperative owned by individual member cooperatives including Diamond Walnut Growers. Who was responsible for investigating allegations of unlawful activity by former Secretary of Agriculture Mike Espy. Linking Sun Diamond and Espy was the figure of Richard Douglas. Douglas was responsible for (among other things) representing the interests of the corporation and its member cooperatives in Washington. The Department of Agriculture (
OPINION/ORDER
With him on the brief was Michael R. With him on the brief was Mark A. Which is typically based on data about the insured's payroll and the classifications of its employees for risk purposes. Which is subject to later correction. The initial rate per $100 of payroll for
OPINION/ORDER
AMICK Unpublished opinions are not binding precedent in this circuit. The IRS was unable to levy any of his funds. Asserting that this evidence was a prejudicial appeal by the government to class bias. Amick contends that the district court should have exercised its gatekeeping function under Federal Rule of Evidence 403. Amick objected only to similar evidence on the unrelated argument that facts involving events occurring after limitations expired on his civil tax liability were inadmissable. This evidence was important to prove that Amick lied about his income to evade payment. That he spent extravagantly belies this defense and is more probative than prejudicial. A review of the record indicates that this evidence was not particularly prejudicial. The argument is meritless. Review of the record indicates the testimony of these agents was not based on expert knowledge. Agents Miller and Uhlrich were fact witnesses who explained their investigation of Amick under the tax laws and the actions they took to recover the taxes he owed.
OPINION/ORDER
Senior Circuit Judge: This is a companion case to City of Charleston. The two cases are decided concurrently. To which short lines and baited hooks are attached at intervals. It is highly regulated and federally permitted and is the dominant form of commercial fishing used by United States fishermen in the Atlantic Ocean to harvest highly migratory species such as swordfish and shark. 1 A FISHERMAN'S BEST v. Longlining is bitterly opposed by recreational and sportsfishermen and some environmental groups. Recreational Fishing Alliance (RFA) is a national non profit organization whose stated purpose is rebuilding and preserving fisheries in the United States. It is aligned in principle to sports and recreational fishing and generally opposed to commercial fishing. The CHP group is composed of persons who wanted their group selected as operator of the Maritime Center. Their response to the request for proposals was rejected as untimely. There is evidence that they requested RFA to ask the mayor to accept their proposal.
OPINION/ORDER
Ruling that there was sufficient evidence to support a statutory mitigating circumstance that the trial court had failed to submit to the jury. With respect to the one claim that Bacon was denied effective assistance of counsel by the failure of his attorneys at the resentencing hearing to introduce evidence that he aided in the apprehension of his accomplice the district court ordered an evidentiary hearing. I Robert Bacon was convicted and sentenced to death for the February 1. Bonnie Sue and Glennie Clark were married in 1982 and had two children. Who was a coworker. Bonnie Sue confided in Bacon about her difficulties with Glennie and
OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. I. The backdrop for this case is the competitive business of promoting and operating professional motorcycle road racing on paved oval tracks. Classes of races are typically defined by the type of motorcycles run in the race. The AMA is an Ohio not for profit corporation with its principal place of business in Westerville. Edmondson paid the AMA a sanctioning fee with respect to his races in order to advertise that his races were san
