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All Reporters → alr-fed → Volume 110

Opinions in alr-fed Volume 110

Rare is the occasion that Congress passes an act after the district court’s ruling in a case, telling us how to dispose of the appeal. In this case, Congress amended the Federal Arbitration Act, 1 effective November 19, 1988, and by implication has decided that we may not exercise jurisdiction over the pending appeal from a district court’s orders compelling arbitration and granting ...
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110 B.R. 628 (1990) In re Roger A. DIQUINZIO, Helen J. Diquinzio, Debtors. Bankruptcy No. 89-10780. United States Bankruptcy Court, D. Rhode Island. February 14, 1990. John Rao, Rhode Island Legal Services, Inc., Woonsocket, R.I., for debtors. Larry Dub, Law Office of Larry Dub, Pawtucket, R.I., for ITT Financial Services. John Boyajian, Boyajian, Harrington & Richardson, Providence, R.I., Tr...
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OPINION AND ORDER This matter comes before the Court to consider the cross motions for summary judgment. Fed.R.Civ.P. 56. In this action the plaintiffs charge the defendant school system with an unconstitutional restraint upon their first, ninth, and fourteenth amendment rights by prohibiting their religious organization from a meeting time of their choice at Herbert Mills Elementary Scho...
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On January 28, 1988, pursuant to Fed.R. Crim.P. 11(a)(2), Pamela Iglesias entered a conditional guilty plea to a charge of possession with intent to distribute heroin, reserving her right to appeal the district court’s denial of her motions to suppress and to compel discovery. We first determine whether the district court erred in refusing to suppress Iglesias’ incriminating cash that was seized w...
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The appellant, Albert Stark, filed an age discrimination suit against his former employer, Dynascan Corporation (“Dynas-can”). Dynascan, in turn, filed a motion for summary judgment on the ground that Stark had failed to file a timely charge of discrimination with the EEOC, a prerequisite to suit in federal court. The district court granted the defendant’s motion for summary judgment, finding t...
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843 F.2d 276 46 Fair Empl.Prac.Cas. 645, 110 A.L.R.Fed. 475,46 Empl. Prac. Dec. P 37,891, 56 USLW 2563 Nancy C. STILLIANS, Appellant,v.STATE OF IOWA, et al., Appellees. No. 87-1321. United States Court of Appeals,Eighth Circuit. Submitted Sept. 3, 1987.Decided March 30, 1988. Artis Reis Breon, Des Moines, Iowa, for appellant. Scott M. Galenbeck, Asst. Atty. Ge...
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The defendant, Bennie Wren Bolton, was found guilty on charges of receiving and possessing a firearm after being convicted of a felony and possessing a firearm not registered in the National Firearms Registration and Transfer Record. He received a forty-year sentence on the first charge and a ten-year sentence on the second, to run concurrently. Bolton now appeals his conviction and sentence on...
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Opinion for the Court filed by Circuit Judge SENTELLE. Donna Smith (“Smith” or “appellant”) appeals from her conviction of conspiracy to commit medicaid fraud in violation of 18 U.S.C. § 371 and five substantive counts of medicaid fraud in violation of 42 U.S.C. § 1320a-7b. She argues that the District Court’s method of jury selection improperly interfered with the exercise of her right to pere...
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864 F.2d 271 110 A.L.R.Fed. 669 UNITED STATES of Americav.Vincent Di PASQUALE, Appellant in 86-5810.UNITED STATES of Americav.Di NORSCIO, Giacomo, Appellant in 86-5835 & 87-5284.UNITED STATES of Americav.COHEN, Gerald, Appellant in 86-5841 & 87-5285.UNITED STATES of Americav.DELUCA, Gerald, Appellant in 86-5836 & 87-5286.UNITED STATES of Americav.SINICO, John, Appellant in 86-5...
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OPINION I. INTRODUCTION. Defendants Victor Posner, Ivan F. Boe-sky, and Drexel Burnham Lambert, Inc. (“Drexel”), respectively, have filed motions to dismiss this shareholder’s derivative action brought on behalf of Pennsylvania Engineering Corporation (“PEC”) by plaintiffs Sadie Rubin and Julie Stone (“plaintiffs”). The complaint alleges (1) that Posner and Boesky violated § 10(b) of...
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Kevin Watson (Watson) and Raymond Wayne Thrash (Thrash) (collectively, the Inmates), appeal the district court’s grant of summary judgment in favor of all defendants based on that court’s conclusion that as a matter of law, the Inmates are not employees of the private defendants under the Fair Labor Standards Act (FLSA or the Act), 29 U.S.C. §§ 201 et seq., and are not entitled to re...
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The International Paper Company (“IP”), an industry operating in the town of Jay, Maine (“the Town” or “Jay”), brought suit to invalidate and enjoin enforcement of a *482 municipal ordinance (“the Ordinance”) which regulated the emission of pollutants by Jay industries, including IP. IP claimed that the Ordinance placed undue restrictions upon its bargaining power in a labor disput...
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Defendants-appellants Errol Maynard, Glen Petersen, and Austin Caines, appeal their jury conviction of possession with intent to distribute marijuana, in violation of 46 U.S.C.App. § 1903(a), (e), and (f), on the grounds, inter alia, that their vessel was not subject to the jurisdiction of the United States when the Coast Guard boarded and searched it. We reverse the convictions for lack of jur...
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