Court Cases
Dockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter.
20,326,509
Cases on record
546,498
Filed in the past 12 months
Courts
17,721
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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands
The hundred cases PlainSite readers opened most in the past 30 days.
2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Executive Office For United States...
United States Department of State
Federal Bureau of Investigation+5Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
AI Case summary available. Subscribe to PlainSite Pro to read it.
7
9
This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
10
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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14
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
AI Case summary available. Subscribe to PlainSite Pro to read it.
19
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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25
29
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
AI Case summary available. Subscribe to PlainSite Pro to read it.
31
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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44
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
AI Case summary available. Subscribe to PlainSite Pro to read it.
47
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
AI Case summary available. Subscribe to PlainSite Pro to read it.
50
55
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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62
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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63
64
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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74
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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75
76
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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77
78
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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79
92
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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96
A woman proceeding under the pseudonym Jane Doe filed this lawsuit in June 2016 in the Southern District of New York against Donald J. Trump and Jeffrey Epstein, alleging that she had been sexually assaulted by both men at a series of parties hosted by Epstein at his Manhattan townhouse in 1994, when the plaintiff was 13 years old. The complaint alleged rape, sexual misconduct, criminal sexual acts, sexual abuse, forcible touching, assault, battery, intentional infliction of emotional distress, false imprisonment, and defamation. It described a pattern of abuse over multiple encounters that the plaintiff alleged was facilitated by an unnamed woman who recruited her with promises of money and modeling work.
The case attracted significant media attention given the identities of the defendants and the gravity of the allegations. A companion affidavit filed with the complaint included similar allegations from a second anonymous woman who claimed to have witnessed some of the events. The plaintiff voluntarily dismissed the case in November 2016, with her attorney citing fear for her safety and the psychological toll of the publicity as the reasons for withdrawal. The dismissal was without prejudice, leaving open the possibility of refiling, though no subsequent federal action was recorded.
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98
The Securities and Exchange Commission filed suit in August 2020 in the Southern District of New York against Ripple Labs Inc., its CEO Brad Garlinghouse, and co-founder Chris Larsen, alleging that Ripple had conducted an unregistered securities offering by selling XRP tokens to investors over a period of years, raising over $1.3 billion. The SEC argued that XRP was a security under the Howey test because investors purchased XRP with an expectation of profit based on Ripple's managerial efforts.
Ripple vigorously contested the classification of XRP as a security, and the case became one of the most closely watched in cryptocurrency law. Judge Analisa Torres issued a landmark summary judgment ruling in July 2023, finding that XRP sold to institutional investors constituted a security but that XRP sold to retail investors on exchanges did not, a split outcome that had significant implications for the broader crypto industry. The case proceeded to trial on the institutional sales claims. Settlement was reached in 2024.
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99
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it.
Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s.
2020s
2010s
2000s
1990s
1980s
1970s
1960s
1950s
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All reporters › us-app-lexis › Volume 2000
Opinions in us-app-lexis, volume 2000
In 1979, Ramiro Hernandez was tried together with Daniel Santisteven in an Illinois state court for murder, was convicted by the jury, and was sentenced to fifty years in prison, where he remains.…
Defendants/Appellees Juan Miguel Pala-fox-Mazon, Carlos Gamboa-Miranda, and Ramon Garcia-Montijo backpacked into the United States carrying approximately 47 pounds of marijuana each and were arrested in Arizona by the U.S. Border Patrol.…
Bridgeway Corp. (“Bridgeway”), a Liberian corporation seeking to enforce a final judgment rendered by the Supreme Court of Liberia, appeals from the district court’s decision denying Bridgeway’s motion for summary judgment and granting, sua sponte, summary judgment in favor of the nonmoving party, Citibank.…
Shannon Williams brought a 42 U.S.C. § 1983 action against several Sarpy County, Nebraska jail officials.…
198 F.3d 1104 (9th Cir. 2000) HELEN WEYER, WILLIAM WEYER, and the marital community composed thereof, Plaintiffs-Appellants,v.TWENTIETH CENTURY FOX FILM CORPORATION, a Delaware corporation doing business in Washington, UNUM LIFE INSURANCE COMPANY OF AMERICA, a Nevada corporation doing business in Washington…
Opinion for the Court filed by Circuit Judge TATEL.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Opinion for the court filed by Circuit Judge SENTELLE.…
In Re SEALED CASE Page 16
Opinion for the Court filed by Chief Judge EDWARDS.…
United States v. Kenneth Goings Page 19
Kenneth Goings appeals the sentence imposed pursuant to his plea of guilty to involuntary manslaughter, challenging the district court’s 1 decision increasing his criminal history category, departing upward for injuries arising out of his offense of involuntary manslaughter, and denying his request for a downward…
Appellant David Vernon Tank appeals his conviction and sentence for conspiring to sexually exploit a child for the purpose of producing a sexually explicit visual depiction in violation of 18 U.S.C.…
This appeal by would-be purchasers of the familiar blue jeans name brand Levi’s, at Fred Meyer, Inc., a prominent nationwide retailer, presents the question of whether a person can sue under 42 U.S.C.…
The question for decision is whether the federal Assimilative Crimes Act, 18 U.S.C.…
Jose Luis Flores-Garcia appeals his conviction for assisting an inadmissible alien felon to enter the United States in violation of 8 U.S.C.…
Richard Cassidy, a blind prisoner, brought suit against the Indiana Department of Corrections (“IDOC”) under the Americans with Disabilities Act of 1990, 42 U.S.C.…
Leonard N. Flamm, Esq. v. American Association of University Women and the Aauw Legal Advocacy Fund Page 26
Appellant Leonard N. Flamm, Esq., appeals a decision of the United States District Court for the Southern District of New York, Chin, /., dismissing his defamation action for failure to state a claim upon which relief can be granted.…
I. FACTUAL AND PROCEDURAL BACKGROUND In April 1997, the plaintiff ERISA plan members 1 , (hereinafter “Ehlmann”) sued *554 the defendant HMOs (hereinafter “Kaiser”) under the Employee Retirement Insurance Security Act, 29 U.S.C.A.…
Appellant, Potomac Insurance Company of Illinois (“Potomac”), appeals the district court’s ruling on summary judgment that Potomac- had a duty to defend Appellee, Jayhawk Medical Acceptance Corporation (“Jayhawk”) in three lawsuits under the terms of a comprehensive general liability insurance policy.…
Stephen and Patrice Boyes own property in Gainesville, Florida that is allegedly contaminated with petroleum waste as a result of service stations previously owned or operated by Shell Oil Company (“Shell”) and Tenneco Oil Company (“Ten-neco”).…
United States v. Cover Page 30
Pierre Andre Cover, a federal prisoner, appeals his 195-month sentence for bank robbery, 18 U.S.C.…
Webster v. Moore Page 31
Frederick Webster appeals the district court’s dismissal of his 28 U.S.C.…
Fina, Inc. v. Arco Page 32
In this case arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C.…
United States v. Meyers Page 37
I. INTRODUCTION David Meyers appeals the revocation of his supervised release and resulting imprisonment on numerous grounds.…
United States v. Douglas Turns Page 41
OPINION This is an appeal from the district court’s order granting Douglas Turns’s motion for a new trial.…
OPINION This criminal prosecution pertains to one of six defendants who were tried on charges of conspiracy to conduct and participate in a Detroit-based racketeer influenced and corrupt organization.…
United States v. Benjamin Y. Owusu (98-3356), Larry Latham (98-3847), and Anthony Latham (98-3850) Page 43
OPINION This appeal involves three individuals who were part of a conspiracy to distribute drugs in Columbus, Ohio.…
OPINION The sole issue on appeal is whether Mark S.…
Zia U. Hasham (“Hasham”) filed charges of discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
198 F.3d 995 (7th Cir. 2000) United States of America, Plaintiff-Appellee,v.Carlton T.…
The railroad bridge across the upper Mississippi River near Sabula, Iowa, is more than a century old.…
“1st Choice of Doctors”, in a blue ribbon on a product’s packaging, conveys the message that more physicians prefer this product than any of its rivals.…
As part of his guilty plea to being a felon in possession of a firearm, see 18 U.S.C.…
The Internal Revenue Code allows taxpayers to deduct “bad debts.” An individ *546 ual taxpayer may deduct from ordinary income a business debt if it becomes totally or partially worthless during the tax year.…
United States v. Susan L. Allen Page 55
Defendant Allen appeals from a sentence imposed by the United States District Court for the Northern District of New York (Frederick J.…
OPINION OF THE COURT I. INTRODUCTION This matter comes before this court on an appeal from an order granting a petition for a writ of habeas corpus.…
United States v. Kenneth Jackson Page 57
Kenneth Jackson appeals his sentence for possession with intent to distribute cocaine base in violation of 21 U.S.C.…
Munoz v. Orr Page 63
This appeal represents the final phase of what has been protracted and difficult litigation for both sides.…
Spradling v. City of Tulsa Page 65
Plaintiffs, present and retired District Chiefs of Defendant City of Tulsa’s fire department, brought suit for overtime compensation pursuant to § 207 of the Fair Labor Standards Act (FLSA) for the period March 30, 1995 through June 30, 1997.…
The United States appeals the decision of the United States Court of International Trade that the application of the Harbor Maintenance Tax (“Harbor Tax”), 26 U.S.C.…
The United States appeals the summary judgment of the United States Court of International Trade, holding that the Harbor Maintenance Tax (“HMT”), 26 U.S.C.…
This is a case of first impression, involving the question of whether constructive service time counts in determining preference eligibility for reduction-in-force (“RIF”) protection.…
*980 OPINION This case arises from a battle in the “war on drugs” that the Government lost because it failed to abide by one of the key rules of engagement.…
OPINION In this appeal defendants-appellants Ameritech Services, Inc. and Ameritech Corp. (hereinafter referred to collectively as “Ameritech”) challenge an order of the district court vacating an arbitral award and remanding the case to a new arbitrator to be selected by the parties.…
OPINION Plaintiff Gary Walsh (plaintiff) worked as a management pilot for United Parcel Service (defendant or UPS).…
Petition of John Doe Page 80
207 F.3d 1102 (8th Cir. 2000) Petition of John Doe No. 99-037 JUDICIAL COUNCIL OF THE EIGHTH CIRCUIT Decided: Jan.…
Boutros Malek is a native and citizen of Lebanon who last entered the United States in 1991.…
On February 26, 1993, a jury in the Eastern District of Wisconsin convicted Michael S.…
After her discharge, Susan A. Schneiker filed this action against her former employer, Fortis Insurance Company (“Fortis”), for violating the Americans with Disabilities Act (the “ADA”).…
Hart v. Bayer Corporation Page 94
Plaintiffs brought state-law claims alleging that various pesticides manufactured and marketed by the corporate defendants, and one pesticide promoted by individual defendant, corporate agent Larry Makamson, failed to control or prevent tobacco budworm infestation of their crops ultimately resulting in substantial…
This is an appeal from a judgment of the United States District Court for the District of Connecticut (Gerard L.…
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT NATIONAL ENTERPRISES, INCORPORATED, Plaintiff-Appellee, No. 98-1786 v. MARVIN J.…
United States v. Thomas Edward Karam Page 100
Affirmed by published opinion. Senior Judge MAGILL wrote the opinion, in which Judge MURNAGHAN and Judge NIEMEYER joined.…
Fox v. Ward Page 107
Background In the early morning hours of July 3, 1985, three employees of the Wynn’s IGA in Edmond, Oklahoma, were murdered during a robbery planned and executed by Petitioner-Appellant, Billy Ray Fox (“Mr. Fox”) and co-defendant Mark Andrew Fowler (“Mr.Fowler”).…
Gregory Langadinos appeals from the district court’s order dismissing his amended complaint against American Airlines, Inc. (“American”).…
This appeal arises from an antitrust suit involving the school portrait industry.…
United States v. Cunningham Page 110
Defendant-Appellant, Rex W. Cunningham, Jr., pled guilty to an eight-count indictment.…
This appeal involves the validity of an eligibility requirement imposed by a union on candidates for officer positions.…
Nicolo v. Philip Morris, Inc. Page 112
Plaintiff, an addicted cigarette smoker for most of her adult life, had contracted, by 1988, a series of smoking-related illnesses, including asthma, emphysema, and chronic obstructive pulmonary disease (COPD).…
In 1992, Autoridad de Energía Eléctrica de Puerto Rico (the Puerto Rico Electric Power Authority) entered into a $7.5 million contract with Ericsson GE Mobile Communications, Inc., to purchase a trunk radio system guaranteed to function for *16 fifteen years.…
This case involves petitions for review of actions by the United States Environmental Protection Agency (“EPA”) under the Safe Drinking Water Act (“SDWA”), 42 U.S.C.…
Opinion for the Court filed by Circuit Judge SENTELLE.…
Opinion for the Court filed by Circuit Judge SENTELLE.…
Robert Dale Murr v. United States Page 123
OPINION Petitioner, Robert Dale Murr, appeals an order entered by the district court denying Petitioner’s motion to vacate his narcotics trafficking conviction and sentence pursuant to 28 U.S.C.…
OPINION In this criminal case in which the defendants were indicted for operating an auto “chop shop” in violation of 18 U.S.C.…
Rochelle Hubbard formerly worked for United Parcel Service (“UPS”) as a package bagger and sorter.…
Dakota Underground, Inc. seeks review of the Occupational Safety and Health Review Commission’s determination that Dakota violated the Occupational Safety and Health Act of 1970 (“OSHA”), 29 U.S.C.…
Christine Treanor brought suit against her former employer, MCI Telecommunications Corporation (MCI), alleging discrimination in employment on the basis of a disability.…
Charles Kroledge, his wife Kathleen Kroledge, Charles’s brother Tony Kro-ledge and Tony’s wife Ethel Juanita Kro-ledge were convicted on December 1, 1997, of conspiracy to participate in mail fraud.…
This is a breach of contract action arising from the breakdown of a business rela *854 tionship between Gary Smith (“Smith”) and the Links Co. (“Links”), the defendants/counter-plaintiffs/appellees in this matter, and Jabat, Inc. and K.…
The plaintiff-appellant, Dan Jovanovic, brought this action against the defendant-appellee, In-Sink-Erator Division of Emerson Electric Company (“ISE”) of Racine, Wisconsin, alleging a violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C.…
United States v. Gary R. Roth Page 141
On December 9, 1998, a grand jury in the Western District of Wisconsin returned a three count indictment against appellant Gary R.…
United States v. Joseph Richards Page 142
Defendant Joseph Roy Richards pleaded guilty to two counts stemming from an attempt to transport narcotics from Arizona to New York in 1997.…
United States v. Brewer Page 143
Ten defendants in a drug conspiracy case appeal their convictions and sentences imposed by the United States District Court for the Southern District of Georgia.…
United States v. Hester Page 144
After a jury convicted Appellant Samuel J.…
United States v. Figueroa Page 145
Saturnino Figueroa and Elizabeth Roman challenge various district court rulings related to their convictions and sentences on federal charges arising from the discovery of heroin in their luggage at the Miami airport.…
Allstate Insurance v. Clohessy Page 146
On March 22, 1993, Mary Clohessy and her sons Brendan and Liam Clohessy were walking together near their home in New Haven, Connecticut.…
Shipp v. McMahon Page 148
This case involves the appellants’ challenge to the district court’s denial of their motion to dismiss the appellee’s claims brought under 42 U.S.C.…
In this bankruptcy appeal we must answer the question whether taxes owed by Chapter 7 Debtor-Appellee Horace Lewis (“Lewis”) to the Appellant Louisiana Department of Revenue & Taxation (“LDR”) are excepted from discharge in bankruptcy.…
United States v. Purvis H. Gormley Page 151
Vacated and remanded by published opinion.…
Affirmed by published opinion. Judge ' WIDENER wrote the opinion, in which Senior Judge HAMILTON and Senior Judge MICHAEL concurred.…
David Duhaime v. Kenneth Ducharme Page 203
ORDER The opinion filed October 12, 1999, slip op.…
United States v. Edward Bahe Page 205
This appeal arises from a clerical error in one part of 18 U.S.C, § 3583(d), the statute that authorizes a district court to impose discretionary conditions of supervised release following imprisonment.…
Oak Park & River Forest High School District (“the School”) expelled Nathan R.…
In December 1992, Michael King (“King”), an inmate at the federal penitentiary in Terre Haute, Indiana, was assaulted and injured by other inmates in a prison stabbing.…
A brokerage firm that belongs to the National Association of Securities Dealers, and one of its brokers, brought this suit under the Federal Arbitration Act to vacate an arbitration award of $30,000 to Harold Levin, a former customer.…
198 F.3d 1034 (7th Cir. 2000) DRAGAN PETROVIC, PETITIONER,v.IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT.…
Plaintiff sued the Texas Commission on the Arts in federal court alleging copyright infringement.…
Bins v. Exxon Co. U.S.A. Page 218
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
Sealed 1 v. Sealed Page 226
Appellants challenge the district court’s denial of their joint motion for return of seized items under Federal Rule of Criminal Procedure 41(e) and for a pre-indictment hearing to set aside a search warrant under Franks v. Delaware, 438 U.S. 154, 98 S.Ct.…
200 F.3d 101 (3rd Cir. 2000) FULVIO STANZIALE Appellantv.LESTER JARGOWSKY, PUBLIC HEALTH COORDINATOR; COUNTY OF MONMOUTH; MONMOUTH COUNTY BOARD OF HEALTH NO.…
Switzer v. Berry Page 235
Petitioner Duane Switzer, pro se, appeals from the district court’s order denying his petition for a writ of habeas corpus under 28 U.S.C.…
Medlock v. Gibson Page 236
Floyd Allen Medlock, a prisoner challenging a death sentence in Oklahoma, sought habeas review in federal district court of his state conviction and sentence, pursuant to 28 U.S.C.…
United States v. Dionicio Perez Page 239
Dionicio Perez appeals from a final judgment entered in the United States District Court 1 for the District of Nebraska following his conditional plea of guilty to one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C.…
At 5:30 a.m. on September 29, 1994, a brown Plymouth pulled up at the Wisconsin Women’s Health Care Center in Milwaukee.…
Patricia White, on Her Behalf and on Behalf of All Others Similarly Situated v. Jerome Goodman Page 242
One of the practices that the Fair Debt Collection Practices Act, 15 U.S.C.…
United States v. Roger G. Galbraith Page 244
In October 1997, the Drug Enforcement Agency (DEA) received a tip that Roger Galbraith was manufacturing methamphetamine at his home in Cisne, Illinois.…
The United States filed suit on behalf of the Army Corps of Engineers (the “Corps”) charging Hallmark Construction Company (“Hallmark”) with discharging pollutants into a wetland in violation of the Clean Water Act (“CWA”), 33 U.S.C.…
200 F.3d 1237 (9th Cir. 2000) MARILYN PRICE, Guardian Ad Litem for LOHREN PRICE, CHERYL CRAMER, Guardian Ad Litem for DANIEL MASON, and NICOLE CRAMER, Guardian Ad Litem for NICHOLAS CRAMER, Plaintiffs-Appellees,v.ALBERT KRAMER, STEPHEN D'ANJOU, JOSEPH DELADURANTEY, and CITY OF TORRANCE, Defendants-Appellants.…
200 F.3d 641 (9th Cir. 2000) HERMAN RESNICK, Plaintiff-Appellant,v.WARDEN HAYES; LT.…
These consolidated appeals arise out of an attempted class action brought to impose ERISA status and liability upon an employee benefit plan which the defendants assert is an IRA plan not covered by Parts 2 and 3 of Title I of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C.…
Timothy James Whitehead (“Whitehead”) seeks reversal of his jury conviction for importation of marijuana, see 21 U.S.C.…
John C. Boyle appeals from the May 28, 1999 decision of the United States Court of Federal Claims denying his motion for summary judgment and granting the United States’ motion to dismiss for failure to state a claim upon which relief can be granted.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
201 F.3d 451 (D.C. Cir. 2000) The Iceland Steamship Company, Ltd.-Eimskip and Van Ommeren Shipping (USA) LLC, Appelleesv.The United States Department of the Army and Louis Caldera, Secretary of the Army, AppelleesTransatlantic Lines-Iceland ehf.…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
Opinion for the Court filed by Chief Judge EDWARDS.…
United States v. Jerry M. Dierckman Page 258
In 1993, the United States Department of Agriculture (USDA) declared Jerry Dierckman 1 ineligible for all USDA farm program benefits, retroactive to the 1991 crop year.…
Plaintiff Linda B. Jones appeals principally from so much of a final judgment of the United States District Court for the Southern District of New York, Kevin Thomas Duffy, Judge, as denied her attorney’s fees and a higher rate of prejudgment interest in connection with her successful claim against defendant UNUM Life…
Chartier v. Marlin Mgmt., LLC Page 260
Responden1>-Appellant Marlin Management, LLC (“Marlin”) appeals from a judgment entered in the United States District Court for the Southern District of New York (Kaplan, /.), confirming an arbitration award against Marlin in favor of petitioner-appellee, Robert L.…
United States v. Grosenheider Page 266
Defendant-cross-appellant John Stephen Grosenheider (Grosenheider) was indicted for the receipt and possession of computer images of child pornography under 18 U.S.C.…
Acuna v. Brown & Root Inc. Page 267
The above-captioned cases were consolidated on appeal.…
Alikhani v. United States Page 293
Hossein Alikhani appeals the denial of his petition for a writ of error coram nobis.…
Dionne v. Simmons (In Re Simmons) Page 294
This case requires that we review a district court order that without the benefit of reviewing the record or holding a hearing on the merits, withdrew the reference to the bankruptcy court.…
OPINION Defendant, Scott Michael Barber, entered a plea of guilty to a violation of 18 U.S.C.…
199 F.3d 350 (6th Cir. 2000) Royal E. Claybrook, Jr., Gwannette Claybrook, Petrece Claybrook, Co-Administrators of the Estate of Royal Claybrook, Sr., and Quintana Claybrook, Plaintiffs-Appellants,v.Jesse Birchwell, Steve Lewis, Ken Spencer, Robert Kirchner, and Metropolitan Government of Nashville & Davidson…
Seyfarth, Shaw, Fairweather, & Gerald-son, a law firm, and Mitchell Whitehead, one of its attorneys (collectively, “Sey-farth”), appeal from the district court’s order awarding' attorneys’ fees and costs under 28 U.S.C.…
We must decide whether a lottery ticket pooling service itself constitutes a “lottery” within the meaning of federal anti-lottery statutes.…
United States v. Zachery K. Griefen Forrest Gray Michael Bowersox Rachael Lynn Warns Sean Ethan Gale Page 309
The Nez Perce National Forest is located in north central Idaho east of Grange-ville.…
Vincent Edward Fields filed a 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence.…
United States v. Paula L. Buford Page 320
Following her plea of guilty to armed bank robbery, see 18 U.S.C.…
Natalia Makarova v. United States Page 321
BACKGROUND In 1982, Natalia Makarova was injured when a piece of scenery fell on her shoulder at the Kennedy Center for the Performing Arts in Washington, D.C.…
202 F.3d 1001 (8th Cir. 1999) JOSEPH BOSTON, APPELLANT,v.MICHAEL BOWERSOX, SUPERINTENDENT; JEREMIAH (JAY) NIXON, ATTORNEY GENERAL, STATE OF MISSOURI, APPELLEES.…
200 F.3d 203 (3rd Cir. 2000) UNITED STATES OF AMERICA,v.ELEVEN VEHICLES, THEIR EQUIPMENT AND ACCESSORIES; ALL MONIES AND/OR INTERESTS IN CERTAIN ACCOUNTS IN BANKS OR CERTAIN OTHER FINANCIAL INSTITUTIONS; ONE BUSINESS; ANY & ALL PROCEEDS, FROM THE SALES THEREOFROBERT CLYDE IVY; WAYNE K.…
Castillo v. United States Page 351
Braulio Castillo, a federal prisoner, appeals the district court’s denial of his pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C.…
Oil, Chemical and Atomic Workers International Union, Local 7-629, Afl-Cio v. Rmi Titanium Company Page 363
199 F.3d 881 (6th Cir. 2000) Oil, Chemical and Atomic Workers International Union, Local 7-629,AFL-CIO, et al., Plaintiffs-Appellants,v.RMI Titanium Company, Defendant-Appellee.…
OPINION OF THE COURT This case stems from Howard Green’s efforts to stay one step ahead of his creditors, including the United States government.…
Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KING joined.…
Johnson v. Circuit City Stores Page 370
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DEMEKA JOHNSON, Plaintiff-Appellee, and ERIC BROOKS; REGINALD DERRICKSON; MOHMED IBRAHIM; MAXINE JAMES; ARTIS KENDALL; BERNARD LIVINGSTON; HAROLD MOORE; STANLEY SIMS; STEVEN TAYLOR; H.…
Dedrick v. West AL Women's Health Page 374
This case involves the interpretation of a public health service employee under the Federally Supported Health Centers Assistance Act.…
Webb v. Zurich Insurance Company Page 375
This action arose from a default judgment taken by plaintiff Golda Webb in *760 Alabama state court for personal injuries sustained when she fell at a shopping mall insured by Zurich Insurance Company.…
Darden v. Ford Consumer Finance Co. Page 376
Appellants-Plaintiffs Ralph C. Darden, Otis Lee Ivory, and Cora J.…
This is an appeal from the district court’s grant of summary judgment for A.O.…
Elmer and Linda Pace brought an action against Officer Brian Danner and the City of Des Moines seeking damages under 42 U.S.C.…
Guske v. Guske (In Re Guske) Page 392
Debtor Billie Franklin Guske appeals the Judgment of the Bankruptcy Court excepting his debt to Barbara M.…
Social Security regulations require an Administrative Law Judge (ALJ) to fill out and attach to each decision, “in any case where there is evidence which indicates the existence of a mental impairment,” 42 U.S.C.…
Virgin v. County of San Luis Obispo Page 394
We affirm the district court’s dismissal because of a lack of subject matter jurisdiction.…
Northern Assurance Company of America, as Subrogee of Michael and Carole Morrell v. Square D Company Page 396
This is an appeal from a judgment of the United States District Court for the Northern District of New York, McAvoy, C.…
concurring in part and dissenting in part: I agree with Parts I, II, III, and V of the majority opinion, but respectfully have a difference of opinion as to the amount Wausau owes as discussed in Part IV.…
United States v. Hassouneh Page 427
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 98-4401 MAHMOUD HASSOUNEH, Defendant-Appellant.…
These consolidated appeals stem from three separate challenges to the Department of Interior’s (“Department”) final rules governing the reintroduction of a nonessential experimental population of gray wolves in Yellowstone National Park (“Yellowstone”) and central Idaho.…
American Target filed this suit against Francine A.…
This case involves an appeal from orders of the Federal Communications Commission (FCC) preempting a section of Wyoming telecommunications law.…
MOORE, J., delivered the opinion of the court, in which GILMAN, J., joined.…
201 F.3d 769 (6th Cir. 2000) Sarah Gable, Plaintiff-Appellee,v.Ronald G.…
Plaintiff Martin I. Robin (“Robin”) filed charges of age, religion and disability discrimination against his former employer, Espo Engineering Corporation (“Espo”), *1086 under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C.…
United States v. James E. Johnson Page 450
James Johnson was convicted by a jury of one count of conspiracy to distribute and to possess with intent to distribute in excess of five kilograms of cocaine.…
In the United States Court of Appeals For the Seventh Circuit Nos. 99-1749 & 99-1803 In the Matter of: Kids Creek Partners, L.P., Debtor.…
Porous Media Corporation appeals the district court’s 1 entry of summary judgment in favor of Pall Corporation on related Lanham Act and state law claims, the court’s dismissal of its malicious prosecution claim, and the court’s entry of sanctions under Fed.R.Civ.P.…
Opinion by Judge NOONAN; Dissent by Judge DAVID R.…
*808 OPINION DefendanU-Appellant Jesse James Vandeberg pled guilty to conspiracy to transport stolen property interstate, a violation of 18 U.S.C.…
United States v. Adnan Bahhur Page 525
OPINION Defendant Adnan Bahhur appeals his sentence of 97 months’ incarceration and 3 years’ supervised release, following his guilty plea to engaging in a prohibited monetary transaction, in violation of 18 U.S.C.…
200 F.3d 456 (6th Cir. 2000) United States of America, for the use and benefit of Interstate Mechanical Contractors, Inc., Plaintiff-Appellant,v.International Fidelity Insurance Company, Defendant-Appellee.…
When the Cincinnati Insurance Company sold a directors and officers liability policy to Citizens Bank covering breaches of fiduciary duty in the rural bank’s tiny trust department, it probably seemed like a safe bet that the bank would never make a claim approaching the policy’s $5 million limit.…
Plaintiffs are forty-four African-American or Latino present or former sergeants of the Chicago Police Department.…
*537 Dismissed by published opinion. Judge WIDENER wrote the opinion, in which Judge MURNAGHAN and Senior Judge MICHAEL joined.…
We have carefully examined Burlington’s arguments in its request for rehearing and find nothing to undermine our previous determination that a fact issue exists with respect to whether a discriminatory motive underlay Casarez’s termination.…
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to circuit Rule 35-3.…
Commercial Services of Perry, Inc. (“CSP”), sued the Federal Deposit Insurance Corporation (“FDIC”), claiming the FDIC had sold, for its own profit, lands held pursuant to two deeds of trust that the FDIC had previously sold to CSP.…
United States v. Joseph Polichemi Page 576
Not everyone has a perfect understanding of the complex workings of modern financial markets, and unfortunately, sometimes unscrupulous individuals manage to exploit that fact for a period of time.…
A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be…
201 F.3d 353 (5th Cir. 2000) IFEANYI CHARLES ANTHONY OKPALOBI, doing business as Gentilly Medical Clinic for Women, Plaintiff-AppelleeandCAUSEWAY MEDICAL SUITE; BOSSIER CITY MEDICAL SUITE; HOPE MEDICAL GROUP FOR WOMEN, DELTA WOMEN'S CLINIC; WOMEN'S HEALTH CLINIC; JAMES DEGUERCE; A JAMES WHITMORE, III…
BOGGS, J., delivered the opinion of the court, in which JONES, J., joined.…
McAlindin v. County of San Diego Page 587
ORDER The opinion filed September 16, 1999 is hereby amended as follows: At Slip Op.…
On Petition for Rehearing Allstate’s petition for rehearing is denied.…
Elizabeth Bellaver’s departure from hex-employer of twenty years, the Quanex Corp. of Houston, Texas, came at a time of significant reox-ganization fox- the company.…
This is an appeal by taxpayers from a decision by the Tax Court (77 T.C.M.…
United States v. Carol Bayless Page 594
In this appeal from a conviction of narcotics offenses, defendant-appellant Carol Bayless argues that the district judge (Harold Baer, Jr., J.) who presided over a pretrial suppression hearing was obliged to recuse himself in the interest of the appearance of justice.…
Hartford Insurance Company of the Midwest v. American Automatic Sprinkler Systems, Incorporated Page 596
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.…
The issues presented in this appeal are, first, whether the district court erred in failing to remand this antitrust and business tort case to the state court by concluding that the complaint fell within the artful pleading doctrine and, second, whether the plaintiff waived its right to challenge federal jurisdiction…
202 F.3d 642 (3rd Cir. 2000) MICHAEL C., A MINOR BY HIS PARENT AND NEXT FRIEND, STEPHEN C.; STEPHEN C., INDIVIDUALLY, AND ON HIS OWN BEHALFv.THE RADNOR TOWNSHIP SCHOOL DISTRICT; PENNSYLVANIA DEPARTMENT OF EDUCATIONMichael C.; Stephen C., Appellants No. 99-1124 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT…
201 F.3d 194 (3rd Cir. 2000) BRANDON E., by and through his next friend, Robert Listenbee, Esq.; JOY E., by and through her next friend, Robert Listenbee, Esq., JOSH R., by and through his next friend, Wendie Ziegler, Esq.; individually and on behalf of themselves and all other persons similarly…
United States v. Juan Faulks Page 607
OPINION OF THE COURT This is a second sentencing appeal.…
The primary issue these consolidated appeals present, and one of first impression in this circuit, is the scope of employment protection afforded by the Family Medical and Leave Act of 1993 (the “FMLA”), 29 U.S.C.…
United States v. Anderson Page 609
Defendant-appellant Frank Anderson (Anderson), convicted pursuant to his guilty plea, was sentenced to sixty months’ imprisonment and ninety-six months’ supervised release.…
The Defendant St. John’s River Water Management District appeals from the district court’s denial of its motion for summary judgment on res judicata grounds.…
Plaintiffs-appellants are adult bookstores in unincorporated Broward County, Florida, challenging the constitutionality of Broward County’s licensing and zoning ordinances for adult businesses.…
Wolf v. Coca-Cola Company Page 612
Appellant Sheila Wolf filed suit against Appellee Coca-Cola Company (Coca-Cola) and a number of individual defendants after being terminated from working at Coca-Cola as a computer programmer and analyst.…
United States v. Broomfield Page 617
Mr. Donald Broomfield appeals his conviction on one count of possession with intent to distribute crack cocaine in violation of 21 U.S.C.…
Opinion for the Special Court filed PER CURIAM.…
Opinion filed by Senior Judge BUCKLEY. Midcoast Interstate Transmission, Inc., and two unincorporated associations have filed petitions for review of Federal Ener *964 gy Regulatory Commission orders granting Southern Natural Gas Company’s application to construct a natural gas pipeline and denying Midcoast’s…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
Lopez, Ramon v. United States Page 621
Opinion for the Court filed by Circuit Judge GINSBURG.…
Opinion for the Court filed by Circuit Judge SENTELLE.…
Bankers v. Federal Deposit Insurance Page 623
Opinion for the Court filed by Circuit Judge SENTELLE.…
Wright Electric, Inc., (“Wright Electric”) petitions this court for review of a decision and order of the National Labor Relations Board (“Board”) entered pursuant to the Board’s authority under 29 U.S.C.…
This case alleging violations of the Illinois securities laws is brought under our diversity jurisdiction.…
United States v. Miriam Santos Page 649
Miriam Santos, the Treasurer of the City of Chicago, was convicted of having violated the federal mail fraud and extortion statutes by extorting campaign contributions from banks and securities firms that hold or invest funds controlled by the Treasurer’s office.…
Following a jury trial in the Supreme Court of the State of New York, Kings County, petitioner Shakim Harris was found guilty in March 1992 of two counts of first degree robbery and two counts of second degree robbery in connection with the June 28, 1990 holdup of a Brooklyn grocery.…
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-3906 ___________ Willa Jari Lovett, by and through * Willa Jaunice Lovett, her natural * mother, acting as the Guardian of * the Person and the Estate of Willa * Jari Lovett, by next friend, Willa * Juanice Lovett; * Appeal from the United States…
James Frazier, Cross-Appellant/appellee v. Iowa Beef Processors, Inc., Appellant/cross-Appellee Page 665
James Frazier (Frazier) sued his former employer, Iowa Beef Processors, Inc. (IBP) alleging a discharge in violation of the Family and Medical Leave Act, 29 U.S.C.…
OPINION This is a case where two brothers, Rex and Stanley Hall, were poorly served by one attorney, David Van Horn.…
Harvey v. Joyce Page 673
Roland Joyce (“Joyce”) and CTC Minerals, Inc. (“CTC”), appeal the denial of their motion to stay the litigation in the district court pending the results of arbitration.…
BACKGROUND During 1994 and 1995, representatives of the International Association of Machinists and Aerospace Workers, AFL-CIO (“IAM”) and Compañía Mexicana de Avia-ción, S.A.…
This is an appeal from a case filed by union trust funds, which provide comprehensive health care benefits to employees, retirees and their dependents through welfare benefit plans, against tobacco companies and their lobbying and public relations agents.…
Defensor v. Meissner Page 676
Vintage Health Resources and seven Filipino nurses appeal the district court’s affirmance of the Immigration & Naturalization Service’s denial of Hl-B visas for the nurses.…
Ward v. Booker Page 677
Petitioners James Ward, Jimmy E. Scroger, and Christopher Lamar Guido, former inmates at the Leavenworth Federal Prison Camp in Leavenworth, Kansas, brought these habeas actions against respondent J.W.…
The United States (“the Government”) appeals a judgment of the United States Court of International Trade, which awarded interest on refunds of the Harbor Maintenance Tax (“HMT”).…
OPINION Elizabeth Smith appeals from the district court’s order granting summary judgment in favor of First Union National Bank on Smith’s claims for sexual harassment under Title VII, sexual harassment under N.C.…
United States v. Truriel B. Nathan Page 684
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Senior Judge HAMILTON joined.…
On April 22, 1998, the defendants-appellants Louis D.…
This case raises an unlikely question: Is a Merry Maid or a meat manager more qualified to become a factory supervisor?…
OPINION Plaintiff-Appellants Agrolinz, Inc. and Agrolinz Melamin, G.m.b.H., hereafter collectively referred to as “Agrolinz,” challenge the denial of their motion for summary judgment and the grant thereof to Defendant-Appellee, the Micro Flo Company, requiring Agrolinz to defend itself in arbitration against breach…
Caius R., a minor child, by and through his parents, Bobby R.…
Today, we consider the district court’s approval, by way of summary judgment in favor of the Federal Housing Finance Board, of a novel method to fund housing mortgage loans by Federal Home Loan Banks.…
OPINION Samuel Appiah, a citizen of Ghana illegally residing in the United States, seeks to suspend his deportation.…
United States v. Samuel Choice Page 732
OPINION Defendant-appellant Samuel Choice, a federally licensed firearms dealer, pleaded guilty to failing to make a record of a firearm sale in violation of 18 U.S.C.…
201 F.3d 774 (6th Cir. 2000) In Re: Sami Yousif, Debtor.…
United States v. 150 Acres of Land, More or Less, Located in Medina County, Ohio,defendant-Appellant Page 735
BOGGS, J., delivered the opinion of the court.…
Plaintiff, Michael Vincent (Vincent), an employee of Dakota, Minnesota & Eastern Railroad Corporation (DM&E), filed suit against DM&E in South Dakota state court seeking damages for breach of contract and promissory estoppel arising from the terms of his employment.…
United States v. Timothy Paul McCoy Page 761
A police officer pulled over Timothy Paul McCoy for driving with a burned-out headlight.…
Don Soon Park v. People of the State of (Jr) California Attorney General of the State of California Page 762
202 F.3d 1146 (9th Cir. 2000) DON SOON PARK, Petitioner-Appellant,v.PEOPLE OF THE STATE OF (JR) CALIFORNIA; ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Respondents-Appellees.…
United States v. Terrill Dixon Page 763
201 F.3d 1223 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.TERRILL DIXON, Defendant-Appellant.…
Opinion for the Court filed PER CURIAM. Subsequent to our decision of October 29, 1999, the Commission petitioned for rehearing seeking clarification on the issue of the effective date for refunds discussed in Part V of our opinion.…
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
United States v. David Aldaco Page 767
On March 31, 1998, a federal grand jury in the Northern District of Illinois returned a one-count indictment against the defendant-appellant, David Aldaco, a convicted felon, 1 charging him with possession of a shotgun in violation of 18 U.S.C.…
United States v. Everett A. Williams Page 768
Everett A. Williams appeals the sentence imposed by the district court following his conviction by a jury for possession with intent to distribute cocaine base in violation of 21 U.S.C.…
United States v. Ahmed El-Gheur Page 769
Defendant Ahmed El-Gheur appeals from a judgment of conviction and sentence, entered March 11, 1999, in the United States District Court for the Southern District of New York (Leonard B.…
Plaintiff Name.Space, Inc. (“Name. Space”) appeals from a judgment of the United States District Court for the Southern District of New York (Robert P.…
Lourdes Rachel Arias and Louis J. Albe-ro seek civil damages under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 18 U.S.C.…
Plaintiff-Appellant Sergey Sologub appeals from a summary judgment entered in favor of defendant-appellee The City of New York (“the City”) in the United States District Court for the Southern District of New York (Martin, /.).…
United States v. Lawyer Lee Walker Page 773
OPINION OF THE COURT In this second appeal of a federal sentence arising out of a prisoner’s assault on a prison employee, we must again consider whether a prison cook supervisor is a “corrections officer” for purposes of a three-level “Official Victim” enhancement under United States Sentencing Guidelines § 3A1.2(b).…
In this diversity case, Union Pacific Resources (UPR) appeals from adverse declaratory relief granted to Musser Davis Land Company (Musser Davis) by the district court concerning the rights of each party under an oil and gas lease with respect to seismic exploration.…
This appeal presents the issue of whether Blue Water Shipping Company (Blue Water), the agent for the time charterer of the MTV ELENI, had actual or apparent authority to bind Eleni International Shipping, S.A.…
United States v. Harold Voice Page 797
A jury found Harold Voice guilty of two counts of abusive sexual contact, in violation of 18 U.S.C.…
United States v. Rodrigo Sandoval Page 805
Rodrigo Sandoval appeals his conviction on drug and conspiracy charges, alleging that the district court erred in denying his motion to suppress evidence obtained during the search of a tent.…
202 F.3d 1160 TROY A. ASHMUS, Petitioner-Appellee,v.JEANNE WOODFORD, Acting Warden of California State Prison at San Quentin, Respondent-Appellant.…
Estate of Cervin v. Commissioner Page 807
As a “prevailing party” in a previous tax deficiency dispute with the Internal Revenue Service (the “IRS,” the “government,” or the “Commissioner”), the taxpayer appeals the Tax Court’s denial of an award of attorneys’ fees above the $75 per hour limit imposed by the Internal Revenue Code.…
On Remand From the Supreme Court of the United States This case is before us on remand from the Supreme Court.…
The School Board contends that the panel opinion misquoted the disclaimer’s language, substituting and for or in a disclaimer passage.…
Barnes v. Scott Page 840
In this case, petitioner Ronnie Lee Barnes appeals the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C.…
Iqbal M. Khan v. United States Page 850
Dr. Iqbal M. Khan appeals from the decision of the Court of Federal Claims, dismissing his claim for money damages for lack of jurisdiction or, alternatively, for failure to state a claim upon which relief may be granted.…
James F. Santa Maria v. Pacific Bell Page 874
This disability discrimination case concerns the circumstances under which equitable estoppel or equitable tolling will excuse the failure to file a timely EEOC charge.…
Christopher James Anderson and Carlos Anthony Miranda, inmates at Lompoc Federal Corrections Institute, were convicted of voluntary manslaughter in the stabbing death of another inmate.…
Plaintiff-Appellant Randolph N. Osher-ow (“Trustee”), the bankruptcy trustee of Chapter 7 debtor Intelogic Trace, Inc. (“IT”), brought this action in state court against Defendant-Appellee Ernst & Young, LLP (“Ernst & Young”), alleging, inter alia, negligence and professional malpractice arising from services Ernst &…
Anthony J. Gray-Bey v. United States Page 881
201 F.3d 866 (7th Cir. 2000) Anthony J. Gray-Bey, Petitioner,v.United States of America, Respondent.…
Alanis-Bustamante v. Reno Page 884
Eduardo Alanis-Bustamante contends that the Board of Immigration Appeals (“BIA”) erroneously applied the 1996 amendments to the Immigration and Nationalization Act (“INA”) to his removal proceeding, which rendered him ineligible for an INA § 212(c) waiver of deportation.…
United States v. Schorovsky Page 885
Shellie Marie Schorovsky appeals her sentence following a plea of guilty to distribution of heroin and conspiracy to possess with intent to distribute heroin.…
This is a consolidated challenge to two orders of the Federal Communications Commission (the “FCC,” the “Commission,” or the “agency”)1 promulgated to satisfy the twin Congressional mandates articulated in the Telecommunications Act of 1996 (the “Act”)2 of providing universal telecommunications service in the United…
This appeal concerns plaintiff-appellant Yvette Cruz’s claims of race and sex discrimination against her former employer, defendant-appellee Coach Stores, Inc. (“Coach”).…
OPINION Petitioner Frederick White appeals the district court’s dismissal of his habeas corpus petition, filed pursuant to 28 U.S.C.…
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-4160 No. 99-2005 ___________ Rural Water System #1, an Iowa * Non-Profit Corporation, * * Appellee, * * Appeals from the United States v. * District Court for the Northern * District of Iowa.…
ORDER The Supreme Court having determined that this case became moot subsequent to its grant of the writ of certiorari, the judgment of this court was vacated and the case remanded with the direction-to remand the case to the district court to *1376 dismiss the case as moot.…
200 F.3d 661 (9th Cir. 2000) ELIZABETH SIMEONA BURGERT, an individual, Plaintiff-Appellant,andFRANCINE DAWSON, an individual; BELINDA ANAHUEA BURGERT, an individual; SHIRLEY KALA, an individual; on behalf of themselves and all beneficiaries of the Bishop Estate, Plaintiffs,v.THE LOKELANI BERNICE PAUAHI BISHOP TRUST, a…
Patrick v. Floyd Medical Center Page 958
Ronald D. Patrick, M.D., appeals the summary judgment granted in favor of Floyd Medical Center, Floyd Healthcare Management, Inc., and the Hospital Authority of Floyd County.…
On February 5, 1997, the police searched defendant-appellant Kahbir Ahmad’s home pursuant to a search warrant.…
Carrier Corporation and its former employee, Rajiv Malik, appeal from judgments entered by Judge Goettel before and after a jury trial.…
Plaintiff-appellant Benjamin Cruz, pro se and incarcerated, appeals a judgment of the United States District Court for the District of Connecticut (Dorsey, J.) dismissing Cruz’s 42 U.S.C.…
Brian Thomas, a Wisconsin state prisoner, received a conduct report alleging that he had engaged in “Sexual Conduct” in violation of § DOC 303.15 of the Wisconsin Administrative Code.…
OPINION In a case with a lengthy procedural history, Island Creek Coal Company appeals a decision of the Benefits Review Board of the United States Department of Labor.…
Richard Peterson appeals from the District Court’s dismissal of his petition for writ of habeas corpus as untimely.…
Plaintiff, Brenda Sanders, filed suit under 42 U.S.C.…
Midwest Farmworker Employment and Training, Inc. petitions for review of the Department of Labor’s decision that its complaints are moot.…
Floriberto Estrada-Bahena challenges the sentence imposed by the district court1 after he pleaded guilty to being found in the United States without the Attorney General’s consent, after having been convicted of an aggravated felony and deported, in violation of 8 U.S.C.…
Plaintiff-appellee Independent Lift Truck Builders Union (“the Union”) is the representative union for the employees of defendant-appellant NACCO Materials Handling Group, Inc., (“NACCO”).…
United States v. Diane J. Williamson Page 984
Diane Williamson was convicted of possession of cocaine with intent to distribute on December 1, 1998, in the United States District Court for the Eastern District of Wisconsin.…
United States v. Clinton Strache Page 985
Clinton Strache appeals two district court decisions: denial of his motion to suppress evidence seized in a search to which Strache claims that he did not consent, and a two-level enhancement under U.S.S.G.…
United States v. Jimmy Foley Page 987
Jimmy Foley appeals the District Court’s 1 order denying his 28 U.S.C.…
This case presents a question of statutory interpretation; its facts are not disputed.…
United States v. Smith Page 998
Defendant, Ruvel Alfred Smith, Jr., appeals his convictions for conspiring to distribute cocaine and possessing cocaine with intent to distribute, in violation of 21 U.S.C.…
Reversed and remanded by published opinion.…
United States v. Black Page 1005
Ross Frank Black appeals the district court’s denial of his motion to withdraw his guilty plea for possession of unregistered firearms (a violation of 26 U.S.C.…
Glenn H. Zacher v. J. W. Tippy Page 1021
Glenn H. Zacher appeals from the district court’s 1 denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
201 F.3d 1154 (9th Cir. 2000) STATE OF ALASKA, Plaintiff-Appellee,v.UNITED STATES OF AMERICA; BRUCE BABBITT, Secretary of the Interior; TOM ALLEN, Alaska State Director, Bureau of Land Management; ROBERT BARBEE, Field Director, Alaska FieldOffice, National Park Service, and DAVID ALLEN, Alaska Regional Director…
United States v. Rowe Page 1025
Robert Rowe was convicted on two counts of bankruptcy fraud in violation of 18 U.S.C.…
Charles R. Carlton v. Mystic Transportation, Inc., Mystic Bulk Carriers, Inc., and Leonard Baldari Page 1026
Plaintiff Charles R. Carlton, formerly employed as director of marketing by defendants Mystic Transportation, Inc., Mystic Bulk Carriers, Inc. and Leonard Bal-dari, appeals from a grant of summary judgment in favor of defendants entered July 10, 1998 in the United States District Court for the Eastern District of New…
Tompkins v. Cyr Page 1027
This appeal presents a chronicle of abortion protestors whose means- of protesting the medical practice of a doctor, who performed abortions, exceeded the means permitted by law.…
Clark v. Johnson Page 1028
Petitioner Jack Wade Clark, a Texas death row inmate, whose petition for habe-as corpus relief and request for a Certificate of Appealability (“COA”) from the denial thereof were both denied by the federal district court below, now seeks a COA from this Court pursuant to 28 U.S.C.…
Pillow v. Bechtel Construction, Inc. Page 1029
Plaintiffs filed a complaint seeking interest on the damages which they received from Defendant pursuant to a settlement agreement which was approved by the Secretary of Labor.…
OPINION OF THE COURT Pennsylvania Tidewater Corporation (“Tidewater”) petitions for review of a final order of the Benefits Review Board (the “Board”) reversing an administrative law judge’s (“ALJ”) award of special-fund relief from workers’ compensation liability under § 8(f) of the Longshore and Harbor Workers’…
United States v. Kennedy Page 1032
The ultimate question in this case is whether a state divorce court can defease the United States of its interest in property forfeited under the criminal forfeiture provisions of 18 U.S.C.…
United States v. Prosperi Page 1033
This appeal involves a statutory interpretation question of first impression: whether the definition of “counterfeited” provided in 18 U.S.C.…
This is a negligence action arising from the crash of a private plane.…
Today we decide whether the Ethics in Government Act permits two former government attorneys to act as fact or expert witnesses for a private party in a suit brought by the government.…
This is an action under 42 U.S.C. § 1983 arising out of Mary Margaret Martin’s difficulties in obtaining a liquor license from the City of Brentwood, Missouri, for a new bar and restaurant.…
Charged with being a felon in possession of a firearm in violation of 18 U.S.C.…
202 F.3d 1050 (8th Cir. 2000) IN RE: ARLENE OTIS, PETITIONER.ARLENE OTIS, PLAINTIFF-APPELLANT,v.KENNETH S.…
The National Labor Relations Board (NLRB or “Board”) petitions for enforcement of the Decision and Order it issued to Respondent F & A Food Sales, Inc. (“F & A”) on March 27, 1998.…
Zeran v. Diamond Broadcasting, Inc. Page 1144
Plaintiff-Appellant Kenneth Zeran (“Plaintiff’) appeals from an order of the district court granting DefendanL-Appellee Diamond Broadcasting, Inc. (“Defendant”) summary judgment.…
I. INTRODUCTION This is an appeal from a decision granting summary judgment to defendant General Motors Corporation (“General Motors”).…
This case comes before us for the second time.…
United States v. Barbara Lynn Lewis Page 1167
An indictment was filed against Barbara Lynn Lewis (“Lewis”) on October 7, 1998, charging her with two counts of harboring an illegal alien and one count of conspiracy to do the same.…
Lajoie v. Thompson Page 1169
Oregon state prisoner Clinton K. LaJoie appeals the denial of his petition for writ of habeas corpus under 28 U.S.C.…
We must decide whether an employer is eligible for second-injury reduction in liability for benefits payable for a worker’s permanent partial disability that may be substantially and materially greater as a result of his preexisting medical condition.…
202 F.3d 1106 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JOSE RAMIREZ-VALENCIA, a.k.a.…
Claimant-Defendant-Appellant Alla Aginsky moves for appointment of Criminal Justice Act (“CJA”) counsel to challenge a decree of forfeiture of the United States District Court for the Eastern District of New York (David G.…
203 F.3d 145 (2nd Cir. 2000) NEW YORK CITY HOUSING AUTHORITY, PLAINTIFF-COUNTER-DEFENDANT-APPELLANT,v.HOUSING AUTHORITY RISK RETENTION GROUP, INC., DEFENDANT-COUNTER-CLAIMANT-APPELLEE No. 99-7264August Term, 1999 U.S. Court of Appeals, Second Circuit Argued: October 26, 1999Decided: January 31, 2000 [Copyrighted…
We have before us a request for permission to file an interlocutory appeal under 28 U.S.C.…
United States v. Charles Frederick Byrne Page 1177
*672 ORDER AND OPINION ORDER The Opinion filed September 17, 1999, is withdrawn.…
Jackson v. North Bank Towing Corp. Page 1179
Warren Jackson appeals the dismissal of his foreign law tort claims for negligence and maintenance and cure.…
202 F.3d 54 (1st Cir. 2000) UNITED STATES, PLAINTIFF, APPELLEE,v.RALPH ROSARIO-DIAZ, A/K/A JUNI, DEFENDANT, APPELLANT.UNITED STATES, PLAINTIFF, APPELLEE,v.WILSON MONTALVO ORTIZ, A/K/A WILLIE BARBER, DEFENDANT, APPELLANT.UNITED STATES, PLAINTIFF, APPELLEE,v.JUAN ANTONIO BAEZ-JURADO, A/K/A PAPO, DEFENDANT…
This case concerns the administration of justice for indigent defendants under the Criminal Justice Act, 18 U.S.C.…
This case requires us to evaluate the validity of an arbitration provision contained in an insurance policy issued by London-based appellee Sphere Drake Insurance PLC for coverage on a Massachusetts fishing boat.…
Mr. Lindstrom’s unsuccessful efforts to avoid being extradited to Norway have precipitated a number of difficult questions.…
Michael G. Devine v. United States Page 1196
Plaintiff-appellant Michael G. Devine appeals from a judgment of the United States District Court for the District of Vermont (J.…
Defendant-appellant Laura Anne Gross-man appeals from a judgment entered on *613 April 19, 1999 by the United States District Court for the Southern District of New York (Richard Owen, Judge) in favor of plaintiff-appellee Leslie Block Kaye on Kaye’s claims of fraud, promissory estop-pel, and unjust enrichment.…
Jose Roman Ortega appeals his jury conviction and sentence for multiple drug— and firearm-related offenses.…
201 F.3d 1250 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.STACY WEISCHEDEL, OPINION Defendant-Appellant.…
201 F.3d 1243 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.PEDRO PABLO CABRERA, OPINION Defendant-Appellant.…
Opinion for the Court filed by Circuit Judge TATEL.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Joseph Martin Gaines v. Walter R. Kelly Page 1208
Joseph Martin Gaines (petitioner or appellant) appeals the judgment entered on August 30, 1996 in the United States District Court for the Western District of New York, before Judge Richard J.…
Defendant-Appellant, Equifax Credit Information Services, Inc. (“Equifax”), appeals from a $300,000 judgment entered on a jury verdict in favor of Plaintiff-Appel-lee, Sharon Deters (“Ms.Deters”), on her sexual harassment claim.…
United States v. Willis Page 1210
Defendant was convicted of conspiracy to commit bank larceny and assault while attempting bank larceny.…
United States v. Burch Page 1211
Defendant was convicted of conspiring to possess with intent to distribute a controlled substance.…
Defendant-Appellant and Cross-Appel-lee Income Producing Management of Oklahoma, Inc. (IPMO) appeals from a judgment entered on a jury verdict awarding Plaintiff-Appellee and Cross-Appellant Douglas Bowen money damages of $372,-230 on an implied contract claim.…
Crnkovich v. United States Page 1213
The United States Court of Federal Claims granted judgment to William P.…
202 F.3d 1356 (Fed. Cir. 2000) SHARON L.C.…
202 F.3d 1353 (Fed. Cir. 2000) Automated Business Companies, Inc., Plaintiff-Appellant,v.NEC America, Inc., Defendant-Appellee.…
201 F.3d 1256 (9th Cir. 2000) ROBERT BARNETT, Plaintiff-Appellant,v.U.S. AIR, INC.,Defendant-Appellee.…
United States v. Darnell Hayes Page 1220
201 F.3d 1255 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.DARNELL HAYES, Defendant-Appellant.…
Curtis Sauzek (“Sauzek”) and Julian Ko-ski (“Koski”) (collectively, “plaintiffs”) sued their former employer, Exxon Coal USA, Inc. (“Exxon”), alleging that Exxon violated the Age Discrimination in Employment Act, 29 U.S.C.…
Mardisco Staples and Delwin Brown challenge the calculation of the sentences for their convictions for possession with intent to distribute crack cocaine.…
Plaintiffs contend that the Truth in Lending Act, 15 U.S.C.…
202 F.3d 987 (7th Cir. 2000) Sandra Brown, Deborah Jackson, and Victoria Davis, Plaintiffs-Appellants,v.Payday Check Advance, Inc., and Payday Check Advance, llc, both doing business as Payday Express, Defendants-Appellees.Marguerite Mitchem, Plaintiff-Appellant,v.Payday Check Advance, Inc., doing business as Payday…
William D. Hahn v. McKenzie Check Advance of Illinois, Llc, Doing Business as National Cash Advance Page 1237
A “payday loan” is a short-term small loan handled with a minimum of paperwork; the loan agreement is a single sheet of paper, and the borrower receives cash within minutes of applying.…
ALDRICH, D. J., delivered the opinion of the court, in which CLAY, J., joined.…
OPINION OF THE COURT This bad faith insurance claim, founded on diversity jurisdiction, presents an important question of Pennsylvania insurance law: whether a carrier offering uninsured motorist (UM) coverage has a duty to pay an undisputed part of a UM claim while another part remains in dispute.…
Petitioner Raymond Wray, a New York State (“State”) prisoner convicted of robbery and weapons offenses, appeals from a judgment of the United States District Court for the Eastern District of New York, Jack B.…
Pursuant to 35 U.S.C. § 141 (1994), S. Sheffield Eaton, Jr. (“Eaton”) appeals from a decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences (the “PTO Board”) awarding priority of invention to Joseph T.…
United States v. Reginald McGlory Page 1262
The issue before the en banc court in this case is whether the appellant Reginald D.…
Chris Horton and James E. Gardner v. Board of County Commissioners of Flagler County, Etc. Page 1277
202 F.3d 1297 (11th Cir. 2000) CHRIS HORTON and JAMES E.…
United States v. Jamieson Page 1278
Appellant Scott Jamieson (“Jamieson”) appeals his 71-month sentence for possession of a firearm by a convicted felon, in violation of 18 U.S.C.…
Wade v. Terhune Page 1279
California state prisoners Daniel Adam Wade and Paul Christopher Buckley (“petitioners”) appeal the district court’s denial of their petitions for habeas corpus, in which they challenge their convictions for multiple counts of assault upon a police officer with a firearm.…
Franklin v. Terr Page 1280
A witness has absolute immunity from liability for civil damages under § 1983 for giving perjured testimony at trial.…
202 F.3d 1180 (9th Cir. 2000) KAREN KANE INC., Plaintiff-Appellant,v.RELIANCE INSURANCE COMPANY, a corporation, OPINION Defendant-Appellee.…
We must decide whether a party challenging an award of attorney’s fees under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C.…
James J. Slevira, a member of the International Brotherhood of Teamsters Local 190, appeals from the district court’s summary judgment in favor of Western Sugar Company (Western) and International Brotherhood of Teamsters Local No. 190 (union) in Slevira’s action alleging that Western wrongfully discharged him in…
Richard McNatt sued in federal district court to compel the Social Security Administration to grant him a benefits eligibility hearing.…
Best Buy Co., Inc. (Best Buy) appeals the district court’s denial of damages in its breach of contract suit against Fedders North America, Inc. (Fedders).…
United States v. Jason Allen Herr Page 1298
Jason Allen Herr appeals his 42-month sentence imposed by the district court 1 following his guilty plea to possession with the intent to distribute methamphetamine *1016 in violation of 21 U.S.C.…
Joann Berger appeals the judgment of the district court upholding the final decision of the Commissioner of Social Security reducing Berger’s disability insurance benefits to offset a lump-sum settlement of her workers’ compensation benefits.…
Robert Hutchings v. U.S. Parole Commission Calzona Hall, Director of the St. Louis County Justice Page 1300
Robert Hutchings was convicted of two counts of mail fraud, one count of wire fraud, and one count of making a false statement to a bank.…
Reynolds v. Roberts Page 1301
This appeal arises out of a long-standing racial discrimination» class action brought by job.applicants and two groups of employees and former employees against the Alabama Department of Transportation.…
201 F.3d 1010 (8th Cir. 2000) Allen R. Prosch, Appellant,v.Kenneth S.…
Mendoza v. Comsat Corporation Page 1324
The principal issue in this appeal is whether a broker can recover an ex con-tractu commission on a procuring cause theory under the prevention doctrine in the absence of bad faith on the part of the seller.…
202 F.3d 1074 (9th Cir. 2000) In re ROBERT GRUNTZ, Debtor.…
201 F.3d 1105 (9th Cir. 2000) TEI YAN SUN; YEH HWA SUN, Individually and as Personal Representatives of Peter Sun, deceased; PHILIPE SUN, Plaintiffs-Appellants,v.TAIWAN; TAIPEI ECONOMIC AND CULTURAL REPRESENTIVE OFFICE IN THE U.S.; CHINA YOUTH CORPS; OVERSEAS CHINESE AFFAIRS COMMISSION, Defendants-Appellees.…
Kerry Stephen Hebert appeals the district court’s denial of his motion to suppress evidence presented at his supervised release revocation hearing.…
United States v. Heather Ladon Olafson Page 1328
Heather Ladon Olafson (“Olafson”) appeals her conviction for transporting illegal aliens in violation of 8 U.S.C.…
United States v. Mark Moody Page 1347
206 F.3d 609 (6th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,v.MARK MOODY, DEFENDANT-APPELLEE.…
The Division of Enforcement (Division) of the Commodity Futures Trading Commission (CFTC or Commission) need present only circumstantial evidence — and only a preponderance of it — to establish liability for trade practice violations.…
Adway Maggitt, Jr., Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs Page 1356
202 F.3d 1370 (Fed. Cir. 2000) ADWAY MAGGITT, JR., Claimant-Appellant,v.TOGO D.…
Jose M. Hernandez v. United States Page 1364
Jose M. Hernandez appeals from a decision of the United States District Court for the District of Vermont (Murtha, C.…
Judge JACOBS dissents in a separate opinion.…
Defendants-appellants Anthony and Michael Paccione (hereinafter “defendants” or “appellants”) appeal from the March 3, 1999 judgments of conviction and sentence of the United States District Court for the Eastern District of New York (Jacob Mishler, District Judge).…
Plaintiff-appellee Marion Burns (“Burns”) alleges that he was the victim of race discrimination in the course of his employment with New York Life Insurance Company (“New York Life”).…
Servants of the Paraclete v. Does Page 1368
Appellant, St. Paul Fire and Marine Insurance Company (“St. Paul”), appeals from the district court’s denial of two Fed. R.Civ.P.…
Folger Coffee Co. v. Olivebank Page 1369
In this admiralty and maritime appeal, Folger Coffee Co. and its insurer, Gulf Insurance Company, seek to reverse the district court’s judgment that (1) the vessel M.V.…
United States v. Dora Garcia Cisneros Page 1372
*337 ON PETITION FOR REHEARING & SUGGESTION FOR REHEARING EN BANC The original opinion in this matter was issued by the panel on October 28, 1999.…
Hinsley v. Boudloche (In Re Hinsley) Page 1374
Patricia J. Hinsley appeals the district court’s grant of summary judgment and turnover order in favor of the trustee assigned to her husband’s bankruptcy estate.…
BACKGROUND On August 19, 1997, Melissa Lott filed suit in the Circuit Court of the First Judicial District of Hinds County, Mississippi, against Howard Wilson Chrysler-Plymouth, Inc. (“Howard Wilson”), seeking overtime compensation under the Fair Labor Standards Act (“FLSA”), 29 U.S.C.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
OPINION After he was asked to move from an area near a festival in a city park, Kenneth D.…
Aalmuhammed v. Lee Page 1378
This is a copyright case involving a claim of coauthorship of the movie Malcolm X.…
James Eric Mansfield v. David Dormire Page 1412
202 F.3d 1018 (8th Cir. 2000) James Eric Mansfield, Appellant,v.David Dormire, Appellee.…
Firebaugh Canal Co. v. United States Page 1417
The United States Government appeals a judgment entered against the Department of Interior and the Bureau of Reclamation that requires the Department to “take such reasonable and necessary actions to promptly prepare, file and pursue an application for a discharge permit” with the California Water Resources Control…
202 F.3d 1110 (9th Cir. 2000) FRANCO LOPEZ, a/k/a Eduardo T.…
Insurance Company of North America v. Nnr Aircargo Service (Usa), Inc., a Corporation, Opinion Page 1420
Insurance Company of North America (INA), in its effort to recover for the loss of $257,285.34 in stolen golf balls, appeals the district court’s summary judgment order limiting the liability of NNR Aircargo Service (NNR) to $50.…
ORDER The parties have notified the court that the matter has been settled.…
Quentin Young v. City of Chicago Page 1424
In 1996 the Democratic national convention was held in Chicago and the city authorities, determined to prevent a repetition of the riots that had occurred in 1968 (the last time the Democratic convention was held in Chicago), established a security perimeter around the convention center and excluded all protesters, in…
United States v. Prentice Harold Dawkins Page 1426
Affirmed in part and vacated and remanded in part by published opinion.…
Walker v. United States Page 1427
The United States appeals the entry of summary judgment in favor of plaintiffs, taxpayers Floyd L.…
Gerhart v. Hayes Page 1438
Susan Gerhart sued Edward Hayes, Glenn Goerke, James Hale, and William Staples following her termination from the University of Houston’s Research Institute for Computing and Information Systems (“RICIS”).…
Hatchet v. Nettles Page 1439
Danny Lewis Hatchet, Texas prisoner # 608224, appeals the district court’s dismissal of his 42 U.S.C.…
Judge JOSÉ A. CABRANES files a separate opinion with respect to the “single scheme of criminal misconduct” issue, and concurs in the judgment of the Court.…
United States v. Wiley Block Tait Page 1445
A federal grand jury returned a two-count indictment against Wiley Block Tait in January, 1999.…
This case comes to us on remand from the Wisconsin Supreme Court.…
A multi-employer pension fund and an employer disagree about the employer’s obligation, if any, for withdrawal liability.…
Douglas Smith was convicted in federal court some years ago of a drug crime, and he now seeks copies of audiotapes of all the proceedings in his case, claiming that the transcripts were inaccurate.…
United States v. Saul J. Morris Page 1592
OPINION Defendant Saul J. Morris appeals from his judgment of conviction for misusing a United States Coast Guard certificate, in violation of 18 U.S.C.…
OPINION In this dispute over which plan has priority over payment of medical expenses arising from an automobile accident, Allstate Insurance Company (“Allstate”) appeals the district court’s grant of summary judgment in favor of Great-West Life & Annuity Insurance Company (“Great-West”).…
Brown v. Ames Page 1597
Appellants Collectibles and Ames principally appeal the district court’s determination that appellees’ state law claims for violation of their rights of publicity are not preempted by the Copyright Act.…
United States v. Don H. Pace, Opinion Page 1598
The issue, before us involves appellate jurisdiction over an interlocutory appeal in a criminal case.…
A-l Ambulance Service, Inc. (“A-l”) appeals the district court’s dismissal of its qui tam action against the County of San Mateo, the County of Monterey, and two private ambulance companies for alleged violations of the False Claims Act, 31 U.S.C.…
Plaintiffs Hein and other members of the Splinter Group of the Capitan Grande Band of Diegueno Mission Indians (hereinafter “plaintiffs”) appeal from the district court’s decision granting defendant the Ba-rona Group’s motion to dismiss on the basis of lack of subject matter jurisdiction and tribal sovereign immunity.…
United States v. David W. Trenter Page 1601
201 F.3d 1262 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.DAVID W.…
203 F.3d 156 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.ANGEL PADILLA, aka "Cuson"; JAMES ALBIZU, aka "Pito"; ROBERTO COLON, aka "Papo"; DARRELL CAMPBELL, aka "D"; ANTHONY MORALES, aka "Cuba", aka "Tony Cuba"; JAMES BOGGIO, aka "Jay"; DIONISIO MOJICA, aka "Little Johnny"; EDWIN GONZALEZ, aka "Peachy"; MARTIN…
Plaintiff-appellant Tara Galabya appeals from the judgment of the United States District Court for the Eastern District of New York (Eugene H.…
Defendant pro se Philip Baptiste appeals from so much of a final judgment of the United States District Court for the Southern District of New York, John E.…
Bender v. Rosen Page 1605
Plaintiffs-appellants (“plaintiffs”) brought a class action lawsuit against N2K, Inc., an on-line music entertainment company that uses the Internet to sell, market, and promote music and other merchandise.…
202 F.3d 1199 (9th Cir. 2000) GOTO.COM, INC., a Delaware corporation, Plaintiff-counter-defendant-Appellee,v.THE WALT DISNEY COMPANY, a Delaware corporation; DISNEY ENTERPRISES, INC., a Delaware corporation; INFOSEEK CORPORATION, a California corporation; MONTROSE CORPORATION, a Delaware corporation…
In this age discrimination suit brought by a .plant manager whose employment was terminated when he was 55 years old, the district court entered summary judgment for the defendant, Suttle Caribe, on the recommendation of the magistrate judge.…
203 F.3d 259 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.VICTOR JERMAINE LIPFORD, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellant,v.VICTOR JERMAINE LIPFORD, Defendant-Appellee.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.MARLOWE ANDRE FARMER, a/k/a Andre Womack, a/k/a Dred…
Opinion for the Court filed by Circuit Judge ROGERS.…
Vito Balice (“Balice”) appeals from the district court’s final order affirming the judicial officer’s (“JO”) decision to assess a $225,500 civil penalty against him pursuant to § 608c(14)(B) of the Agricultural Marketing Agreement Act of 1937 (“AMAA”).…
This case is about an agreement between a corporation, having retailers as both members and customers, and a magazine publisher.…
Hernandez v. Campbell Page 1624
Federal prisoner Anselmo Bernal Hernandez appeals the order of the District Court for the Central District of California (“Central District” or “sentencing court”) denying his habeas corpus petition.…
dissenting. State v. Johns, 679 S.W.2d 253 (Mo.1984) (en banc), cert.…
On July 31, 1994, plaintiffs’ decedent Bruce Nanninga, a flight engineer, was killed along with three other crew members when their CH-47 military helicopter struck a set of defendant’s power lines strung approximately 100 feet over the Osage River in central Missouri.…
Vincent J. Krocka filed suit against the City of Chicago, Chicago Police Department (“CPD”), and several individual deci-sionmakers, (the “Defendants”), under the Americans with Disabilities Act (“ADA”), 42 U.S.C.…
The plaintiffs, Theresa L.Cannon Williams and Lois Reed, appeal the district court’s grant of summary judgment to defendant Chartwell Financial Services, Ltd. (“Chartwell”).…
The district court ordered a law firm, Dickstein, Shapiro, Morin & Oshinsky, LLP (“Dickstein”), not itself a party to the underlying action, to produce documents that the appellants, Ogden Corporation and Ogden Martin Systems of Haverhill, Inc. (collectively, “Ogden”), claim are within the attorney-client privilege.…
Sur Contra La Contaminacion v. Environmental Protection Agency, and Aes Puerto Rico L.P., Intervenor Page 1659
Sur Contra la Contaminación (SURC-Co), a community organization made up of residents of Guayama, Puerto Rico, challenges a Prevention of Significant Deterioration (PSD) permit, issued by the Environmental Protection Agency, that authorizes construction of a power plant in the ward of Jobos within that municipality.…
Plaintiff-Appellant Danuta Ryduchowski (“Ryduchowski”) appeals from a judgment as a matter of law entered in the United States District Court for the Eastern District of New York (Gleeson, /.) setting aside a jury verdict in her favor on a claim asserted under the provisions of the Equal Pay Act of 1963 (“EPA”), 29…
Brytus v. Spang & Company Page 1666
OPINION OF THE COURT Counsel for a class of plaintiffs who were successful in their suit under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C.…
Warner-Lambert Co. v. Breath Asure Inc. Page 1667
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 2-8-2000 Warner-Lambert Co. v. Breath Asure Inc. Precedential or Non-Precedential: Docket 98-6502 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Warner-Lambert Co.…
Wallace v. Wellborn Page 1670
Joe Wallace (“Wallace”), doing business as Video Liquidators, appeals the district court’s order granting summary judgment based on qualified immunity to Department of Public Safety (“DPS”) Agents Lisa Sheppard (“Sheppard”) and Danny Contreras (“Contreras”).…
Affirmed in part, vacated in part, and remanded by published opinion.…
Plaintiff David G. Renaud brought this action in the United States District Court for the District of Wyoming for wrongful termination of his employment as superintendent of the Wyoming Boys’ School.…
Plaintiff Edward Trujillo, a former employee of Cyprus Amax Minerals Company (Amax), filed suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.…
Promac, Inc. (“Promac”) was the lowest bidder for a contract with the Department of Veterans Affairs to construct a new medical research building.…
Davila-Perez v. Lockheed Martin Corp. Page 1701
This case arises from'the events of May 12, 1995 that resulted in the death of Bien-venido González.…
McDaniel v. Chevron Corp. Page 1704
Charles R. McDaniel, a participant of the Chevron Corporation Retirement Plan, and a class of similarly situated plaintiffs (collectively, the “class”) appeal from the district court’s final order granting summary judgment in favor of the Chevron Corporation (“Chevron”), the Chevron Corporation Retirement Plan (the…
201 F.3d 1120 (9th Cir. 2000) ALEXIS BLACK, Plaintiff, and BRIAN MICHAELS; BARRY ADAMS, Plaintiffs-Appellants,v.RUSSEL ARTHUR, an individual and in his official capacity as Special Agent Law Enforcement Officer of the Forest Service of the United States Department of Agriculture; JOHN CARPENTER, an individual and in…
Michael Christopher Osborn (“Osborn”) appeals from the denial of his motion to suppress the evidence seized from his person following his arrest for failing, as a convicted person, to notify the police within 48 hours of his change of address.…
Bruce E. Abbott, et ah, appeal the grant of summary judgment by the United States Court of Federal Claims in favor of the defendant-appellee (“Government”), *1100 wherein the court held, among other things, that the Uniformed Division of the United States Secret Service (“UD”) does not unlawfully diminish “Roll-Call…
Randy T. Lanier v. United States Page 1709
We once reviewed the convictions of Randy Thomas Lanier on direct appeal in United States v. Kramer, 955 F.2d 479 (7th Cir.1992), and he appears before us again under 28 U.S.C.…
Steven Craig Cooper v. Larry E. Parrish Page 1718
*942 OPINION This case allegedly involves an attempt on the part of a state court chancellor, three state prosecutors, two state investigators, and a private attorney to shut down several nightclubs that feature nude dancing in Memphis, Tennessee.…
Merrill Arnes Jacobs v. Dave Dormire Page 1719
Merrill Jacobs was convicted in Missouri of three counts of sale of a controlled substance and filed this petition for habeas *551 relief.…
Donald D. Kessler v. Natl. Enterprises Page 1722
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-4250 ___________ Donald D.…
Garcia v. The City of Houston Page 1724
This is a consolidated appeal of a final judgment in a Title VII employment race discrimination action against the City of Houston (“City”)for its promotion process in selecting SWAT team members for the Houston Police Department (“HPD”).…
Petitioner El Paso Electric Company (“EPE”) seeks review of two orders of the Federal Energy Regulatory Commission (“FERC”): one requiring EPE to sell power at wholesale to the City of Las Cruces, New Mexico, 86 FERC ¶ 61,065 (1999) (the “Order”); the other denying EPE’s motion for rehearing and dismissing its motion…
The United States District Court for the Southern District of Florida dismissed the patent infringement claims of Phonome-trics, Inc. (Phonometrics) against Hospitality Franchise Systems, Inc. and the other hotel operators (collectively, Hotels) under Fed.R.Civ.P.…
Westover v. Reno Page 1739
Diana Westover 1 is a native of Tanzania who married her American fiancé after removal proceedings against her commenced in 1992.…
Lopez v. Smith Page 1740
Opinion by Judge MICHAEL DALY HAWKINS; Concurrence by Judge RYMER; Dissent by Judge SNEED.…
A federal grand jury indicted Jon William Guess (“Appellant”) on July 2, 1992, and charged him with attempting to manufacture methamphetamine (“Count One”), maintaining a place for the manufacture of methamphetamine (“Count Two”), and using and carrying a firearm in relation to a drug offense (“Count Three”).…
202 F.3d 1246 (9th Cir. 2000) REYNOLDS METALS CO., Plaintiff-Appellant,v.ROBERT ELLIS, OPINION Defendant-Appellee.…
203 F.3d 580 (9th Cir. 2000) STEVE GARVEY, Petitioner-Appellant,v.THOMAS T.…
Acting as a licensed Missouri insurance agent, Sylvia R.…
OPINION Maurice K. Guinn, trustee in bankruptcy for Oakwood Markets, Inc. (debtor), appeals from the judgment affirming the bankruptcy court’s decision to grant summary judgment ..to Oakwood Properties, Inc. Asserting- error by the bankruptcy court, the trustee claims that (1) the debt- or’s post-petition transfers…
United States v. Daniel Duliga Page 1781
OPINION OF THE COURT This is an appeal from a judgment of conviction and sentence in the United States District Court for the District of New Jersey in connection with telemarketing operations.…
Melissa Kitzman-Kelley, through Theresa Kitzman-Kelley, brought this § 1983 action against employees of the Illinois Department of Children and Family Services (“DCFS”).…
A man’s home may be his castle, but our society has come to realize that just how an individual property owner uses shared resources such as water, air, and soil affects the rest of the community.…
Campbell v. Buckley Page 1787
Eight individuals and three organizations 1 brought this action challenging the constitutionality of the “title setting” requirements of the State of Colorado’s ballot initiative law.…
Jones v. Denver Post Corp. Page 1788
203 F.3d 748 (10th Cir. 2000) FREDERICK A.…
Wright v. Hollingsworth Page 1790
Mark Eric Wright (‘Wright”), Texas prisoner # 635367, appeals the district court’s final judgment dismissing his civil rights action brought under 42 U.S.C.…
Computrol, Inc., - Appellant/cross-Appellee v. Newtrend, L.P. And Ca Newtrend, Inc., - Appellees Page 1807
After a 34-day trial in the Eastern District of Missouri, a jury awarded $2,663,-000 to Appellant, Computrol, Inc., (“Com-putrol”) on a breach of contract claim against Appellee Newtrend, L.P., and Ap-pellee CA Newtrend, Inc., (collectively, “Newtrend”).…
Opinion for the Court filed by Circuit Judge GINSBURG.…
Warner Lambert Co v. Shalala, Donna E. Page 1815
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Washington Legal Foundation v. Henney Page 1816
Opinion for the Court filed by Circuit Judge SILBERMAN.…
United States v. Steve J. Brown Page 1827
After Steve Brown admitted to violating the conditions of his supervised release, the district court 1 revoked his supervised release and sentenced Brown to 24 months imprisonment.…
Ciena Corporation v. Cynthia Jarrard Page 1838
Affirmed and remanded by published opinion.…
Igloo Products Corp. v. Brantex, Inc. Page 1839
Igloo Products Corporation (“Igloo”) sued Brantex, Inc. (“Brantex”), to defeat Brantex’s registration of the words “kool pak” with the Patent and Trademark Office (“PTO”) as a words-only trademark (a “word mark”).…
United States v. John J. Montani Page 1841
John J. Montani challenges his conviction and sentence for mail fraud under 18 U.S.C.…
Dennis and Sharon Hayden petitioned the United States Tax Court seeking a redetermination of the federal income tax deficiency and penalty assessed against them for the 1994 tax year.…
Anderson v. Conine Page 1883
This is an appeal by the non-debtor former spouse of the debtor from the judgment by the United States District Court for the Western District of Louisiana affirming a partial summary judgment by the Bankruptcy Court.…
United States v. Roberts Page 1884
Appellant James Ray Roberts (“Roberts”) appeals from the district court’s imposition of the 120-month maximum sentence for a violation of 18 U.S.C.…
United States v. Bravo Page 1885
Appellant Juan Camilo Bravo appeals the district court’s denial of his request for a downward departure and application of the “safety valve” provision, 18 U.S.C.…
United States v. Corey Deon Goodson Page 1887
Reversed and remanded by published opinion.…
Dodge v. Cotter Corporation Page 1898
In 1958, Cotter Corporation, a subsidiary of the Commonwealth Edison Company of Illinois, began operating a uranium mill near Canon City, Colorado, extracting uranium from ore by an alkaline leach process.…
*419 OPINION Plaintiff Allen Rose appeals the district court’s denial of his motion to amend his original complaint in this insurance coverage dispute.…
Issac Lydell Herron v. Jimmy Harrison Page 1959
OPINION Issac L. Herron, a Tennessee state prisoner, filed a civil rights complaint against various officials of the Cold Creek Correctional Facility and the Tennessee Department of Corrections (collectively, CCCF officials) pursuant to 42 U.S.C.…
United States v. Balsam Page 1960
In these consolidated criminal appeals, Todd Arsenault, Stephen Balsam, John Meuse, Thomas Meuse and Joseph Zacku-lar seek to set aside their respective convictions, and in certain instances the sentences imposed by the district court, in connection with a rash of armed robberies perpetrated in the Boston area during…
United States v. McKelvey Page 1961
Appellant, Robert McKelvey, appeals from a judgment of conviction and sentence entered by the United States District Court for the District of New Hampshire.…
Linda Thompson was a participant in her employer’s health benefits plan administered by Gencare Health Systems, Inc. (“Gencare”).…
This is a bankruptcy case. The issue is whether an IRA is exempt from inclusion in the bankruptcy estate, so that it is shielded from creditors.…
This is an appeal from a district court judgment reviewing a decision of the California Public Utilities Commission (CPUC) under the Telecommunications Act of 1996, Pub.L.…
203 F.3d 1150 (9th Cir. 2000) JAMES R. LINDSEY; SUN CHA LINDSEY, and their marital community, Plaintiffs-Appellants,MBA, INC., a Washington corporation; F I T S, LLC, a Washington limited liability corporation; SAN JUNG CORPORATION, a Washington corporation, Plaintiffs,v.TACOMA-PIERCE COUNTY HEALTH DEPARTMENT, a…
The plaintiffs, Julianne, Kathleen, and John Tompkins, appeal from the district court’s dismissal, pursuant to Fed.R.Civ.P.…
Breaux v. United States Postal Service Page 1969
Joseph N. Breaux (“Breaux”) appeals the district court’s dismissal of his class action lawsuit under Fed.R.Civ.P.…
Affirmed by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge TRAXLER joined.…
United States v. MacUla Anty Page 1971
Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Senior Judge HAMILTON joined.…
United States v. Cooper Page 1981
The principal issue in this appeal is whether criminal defendants had a reasonable expectation of privacy in a hotel room for which they neither paid nor registered.…
United States v. Dortch Page 1990
ON PETITION FOR REHEARING Before GARWOOD, SMITH and BENAVIDES, Circuit Judges.…
United States v. Smith Page 1991
In this consolidated direct appeal, Kimberly S.…
On summary judgment, the United States District Court for the Northern District of New York ruled that The Orvis Company, Inc. (Orvis) did not infringe Cortland Line Company, Inc.’s (Cortland’s) U.S. Patent No. 5,120,003 (’003 patent).…
On July 13, 1998, Kraft Foods, Inc. (“Kraft”) sued International Trading Company and Houston Processing Ltd. (collectively, “ITC”) in the United States District Court for the Western District of Wisconsin, alleging infringement of its U.S. Patent No. 5,657,873 (“the ’873 patent”).…
Williams v. Imhoff Page 2012
Defendants Walter F. Imhoff, Gary J. Wilson, Richard T.…
Koch v. Koch Industries, Inc. Page 2013
I. INTRODUCTION In June of 1983, a group of Koch Industries, Inc. (“KII”) stockholders entered into a Stock Purchase Agreement (“SPA”) with KII.…
Defendants-appellants Grady Thomas, Jason Thomas, and Ramse Thomas appeal from judgments of conviction and sen-fences entered in January 1998 by the United States District Court for the Northern District of New York (Thomas J.…
Guidi v. Inter-Continental Hotels Corp. Page 2015
Karen Guidi, Eve Hoffman, Merrill Kramer, and Lois Kramer (“Plaintiffs”) sued Inter-Continental Hotels Corporation and other defendants (collectively “IHC”) on personal injury and wrongful death claims arising from a shooting in an Egyptian hotel managed by IHC.…
Opinion for the Court filed by Circuit Judge SILBERMAN.…
Ft Sumter Tours Inc v. Babbitt, Bruce D. Page 2017
Opinion for the Court filed by Circuit Judge GARLAND.…
United States v. Vizcaino, Santos D. Page 2018
Sentenced for possessing with intent to distribute both powder and crack cocaine, appellant argues that the district court erred by failing to recognize its authority *346 to depart downward pursuant to section 5K2.0 of the United States Sentencing Guidelines on the ground that the crack affected* his sentence so…
OPINION Shelby County Health Care Corporation (“Shelby”) brought suit in this employee benefit case against Southern Council of Industrial Workers Health and Welfare Trust Fund (the “Fund”) for payment of hospital services rendered to Tracy Mason, a former participant in the Fund.…
In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road Company Page 2020
OPINION Koenig Sporting Goods, Inc. (debtor) appeals from the judgment of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court’s decision to grant Morse Road Company’s request for a full month’s rent.…
Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters Local 174 Page 2027
This case requires us to decide the breadth of the term “labor dispute” as defined by the Norris-LaGuardia Act, 29 U.S.C.…
Opinion by Judge ALARCON; Dissent by Judge SCHROEDER.…
203 F.3d 176 (2nd Cir. 2000) HOUSING WORKS, INC., Plaintiff-Appellee,v.CITY OF NEW YORK; NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES (DHS), MARTIN OSTERREICH, Commissioner of DHS; SUSAN WIVIOTT, Associate Commissioner of DHS; JOHN/JANE DOES # 1-10, Defendants-Appellants,UNITED STATES DEPARTMENT OF HOUSING AND URBAN…
*55 OPINION OF THE COURT In Cage v. Louisiana, 498 U.S. 39, 111 S.Ct.…
OPINION OF THE COURT Given the large number of prisoner lawsuits filed in the federal courts each year, the case at bar raises an important question of statutory interpretation regarding the mandatory exhaustion requirement governing prisoner lawsuits.…
Jones v. Gibson Page 2045
A jury found petitioner guilty of first degree murder and two counts of assault and battery with a dangerous weapon and sentenced him to death for the murder conviction and to twenty and fifteen years’ imprisonment for the other two convictions.…
United States v. Reddick Page 2046
The Government charged Defendant with possession of a firearm while under a domestic violence restraining order in violation of 18 U.S.C.…
Wasson v. Sonoma County Junior College Page 2048
Opinion by Judge SCHROEDER; Dissent by Judge B.…
On December 16, 1997, a federal grand jury sitting in the Eastern District of Wisconsin returned a two-count sealed indictment against Derrick Turner, Joe Nathan Leverette, Alfred Reed, Wendy Lee Gallagher, and Samantha Wood.…
Kimberly Miller worked for American Family Mutual Insurance Company for eight years.…
Herman B. Taylor Construction Co. v. David J. Barram, Administrator, General Services Administration Page 2064
The General Services Administration Board of Contract Appeals (“Board”) terminated a contract for default because it determined that the contractor had violated the labor standards provisions of the contract.…
Robert J. Gartside and Richard C. Norton (collectively “Gartside”) appeal from the final decision of the Board of Patent Appeals and Interferences holding that claims 34, 35, and 37-47 of application Ser.…
Appellant American Federation of Musicians, Local 2-197, AFL — CIO (“the Union”) brought an action in the district court 2 to compel Appellee Saint Louis Symphony Society (“the Symphony”) to arbitrate a grievance pursuant to the parties’ collective bargaining agreement.…
United States v. John Bad Wound Page 2075
203 F.3d 1072 (8th Cir. 2000) United States of America, Appellee,v.John Bad Wound, Appellant.…
United States v. Ceniceros Page 2078
This appeal follows the conviction of Jose Efrain Ceniceros for possession of marijuana with intent to distribute, in violation of 21 U.S.C.…
United States v. Jeffrey Beavers Page 2080
OPINION This is an appeal from the district court’s order denying Jeffrey Beavers’s motion to withdraw his guilty plea and to dismiss his indictment for the possession of firearms in violation of 18 U.S.C.…
United States v. Michael Lee Carter Page 2081
Defendant Michael Lee Carter appeals from his sentence of 60 months’ imprisonment imposed by the United States District Court for the Western District of New York (Michael A.…
United States v. Ricaurte Saldarriaga Page 2082
Following a four-day jury trial in the United States District Court for the Southern District of New York (Whitman Knapp, Judge), defendant-appellant Ric-aurte Saldarriaga was convicted on one count of possession of crack cocaine with intent to distribute, in violation of 21 U.S.C.…
United States v. Luis G. Leon Page 2084
The question presented, as a matter of first impression for this Court, is whether a federal court has jurisdiction to consider a motion to extend the time to file a petition for a writ of habeas corpus pursuant to 28 U.S.C.…
Anglin v. West Page 2093
DECISION James E. Anglin, Jr. appeals from the decision of the United States Court of Appeals for Veterans Claims1 (“CAVC”), Anglin v. West, 11 Vet.App.…
Wood v. City of Lakeland, FL Page 2222
Plaintiff Cumi Kelly Wood as the mother of her deceased son, Clark Mitchell Thomas, filed a complaint 1 alleging 42 U.S.C.…
This appeal involves the Individuals with Disabilities Education Act (the IDEA), 20 USC "§ 1400 et seq.1 The court is' required to interpret one of the provisions of the Act that has been the subject of attention by several other circuits, but not this one.…
David Lanzotti (“Lanzotti”) and Connie L.…
Robert P. Beatty filed this legal malpractice case against Phillip S.…
United States v. Jessie Lee Waldon Page 2243
OPINION Jessie Lee Waldon appeals his conviction and sentence for bank robbery in violation of 18 U.S.C.…
United States v. A.R. Page 2245
OPINION Defendant-Appellant A.R. appeals the district court’s order for transfer to adult criminal prosecution for crimes A.R.…
Harman v. Apfel Page 2246
Today we hold that when a district court remands a disability benefits case to the Social Security Administration pursuant to sentence four of 42 U.S.C.…
Rubén Rodríguez-De Jesús (Rodríguez) appeals the denial of his motion for a new trial, which alleged prosecutorial misconduct.…
203 F.3d 1028 (8th Cir. 2000) Blomkest Fertilizer, Inc.; Cobden Grain & Feed, on behalf of themselves and all others similarly situated; Plaintiffs,Hahnaman Albrecht, Inc.; John Peterson, doing business as Almelund Feed & Grain; Laing-Gro Fertilizers, Inc.; Plaintiffs-Appellants,Clearbrook Ag Service, Inc., on…
Marilyn Kitts applied for supplemental security income (SSI), alleging disability beginning March 16, 1995, from leg, back, and hand problems.…
Terrance David Burkhalter appeals from the district court’s 1 denial of his 28 U.S.C.…
Lloyd Francisco appeals from a final order entered in the United States District Court 1 for the District of Nebraska granting summary judgment in favor of Burlington Northern Santa Fe Railway Company (Burlington Northern) on his claim pursuant to the Federal Employers’ Liability Act (FELA), 45 U.S.C.…
McCoy v. Hernandez Page 2279
Appellant, Michael McCoy (“McCoy”) challenges the district court’s refusal to apply the doctrine of collateral estoppel in his § 1983 action against several officers in the Dallas Police Department.…
This appeal requires us to clarify when a criminal defendant may be deemed to have waived a previously asserted right to represent himself at trial.…
Plaintiff Julia Karen Eisemann appeals from an order of the United States District Court for the Southern District of New York (Jed S.…
United States v. Salvador Magluta Page 2283
ON PETITION FOR REHEARING Before BIRCH and CARNES, Circuit Judges, and MILLS * , Senior District Judge.…
United States v. Robert Randall Reinhart Page 2284
ON PETITION FOR REHEARING EN BANC Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M.…
Confesor Falú-González was tried and convicted of conspiracy to distribute more than five kilograms of cocaine in violation of 21 U.S.C.…
Acevedo-Garcia v. Vera-Monroig Page 2286
This case requires us to consider claims of immunity from suit and liability raised by Roberto Vera-Monroig, the mayor of Adjuntas in Puerto Rico, Irma González, Adjuntas’s Director of Human Resources, and the municipality of Adjuntas in response to.…
Oscar Cruz v. Melecio Page 2292
The appellants in this case challenge the constitutionality of certain provisions of Puerto Rico law regulating ballot access on the part of political parties.…
Robert E. Jones, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs, [6] Page 2304
ORDER A petition for rehearing en banc was filed by the appellant, and a response thereto was invited by the court and filed by the appellee.…
Edward Harris, a veteran, appeals from the judgment of the Court of Appeals for Veterans Claims, which held that a problem with his eyesight was not shown to be service connected.…
Appellant Lee Otis Gellington brought this action against his former employer, Appellee Christian Methodist Episcopal Church, Inc., alleging he was retaliated against and constructively discharged in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.…
Heuer, a stockroom attendant, brought suit against her employer, Weil-McLain, a boiler manufacturer, charging sexual harassment.…
OPINION Dr. Satendra K. Agrawal and Satendra K.…
Belvedere, S.A. (Belvedere) appeals from an injunction and related civil contempt sanctions issued by the district court in favor of Phillips Beverage Company, through its operating division, Milleni-um Import Company (Phillips).…
Lavern Hankey appeals his conviction and sentence for distributing and conspiring to possess with intent to distribute phencylidine (“PCP”).…
McGill, Thu v. Munoz, George Page 2418
Plaintiff Thu McGill filed suit against her former employer, the Overseas Private Investment Corporation (OPIC), alleging, inter alia, that OPIC discriminated against her in violation of the Rehabilitation Act.…
Campbell, Tom v. Clinton, William J. Page 2419
203 F.3d 19 (D.C. Cir. 2000) Tom Campbell, Member, U.S. House of Representatives, et al.,Appellantsv.William Jefferson Clinton, President of the United States, Appellee No. 99-5214 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 22, 1999Decided February 18, 2000 Appeal from the…
Ramirez v. Bracher Page 2420
This appeal is from a bankruptcy court’s order denying confirmation of a proposed Chapter 13 plan of reorganization.…
OPINION OF THE COURT Appellant Alan T. Brooks, a Pennsylvania state prisoner, brought this suit under 42 U.S.C.…
United States v. Harry R. Carboni Page 2433
A jury convicted Harry R. Carboni of three counts of knowingly making false statements to secure advances on a line of credit in violation of 18 U.S.C.…
Appellant Alfred L. Brown contends that a 1947 disability rating decision by the Veterans Administration constituted clear and unmistakable error.…
United States v. Romines Page 2486
Kenneth Romines appeals an order of restitution imposed upon revocation of .…
Mann v. United States Page 2487
Plaintiffs-Appellants Scott Mann and Constance Mann bring this appeal from a final order and judgment of the United States District Court for the District of New Mexico, granting in part defendant-appellee’s motion for summary judgment.…
United States v. Prince Page 2488
Defendant was indicted on one count of bank robbery in violation of 18 U.S.C.…
Henry v. Coordinated Caribbean Transport Page 2489
The issue in this case is whether an agreement between an injured longshoreman’s attorney, the employer, and its insurance carrier is enforceable where the employee died before a settlement application conforming to LHWCA regulations *610 was prepared or executed.…
Helen Havrum, Appellee/cross-Appellant v. United States of America, Appellant/cross-Appellee Page 2514
After a bench trial in an action brought under the Federal Tort Claims Act (FTCA), see 28 U.S.C.…
United States v. Bruce Withorn, Jr. Page 2515
Bruce Withorn appeals from his conviction on one count of aggravated sexual abuse by the use of force, in violation of 18 U.S.C.…
The Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C.…
This is an appeal from a district court decision refusing to set aside the denial by the Social Security Administration of disability benefits sought by Henry Green.…
United States v. Michael L. Morris Page 2522
When he was 44 years old, Michael Morris enticed a 14-year-old girl to enter into a sexual relationship with him, showering her with promises and presents.…
203 F.3d 41 (D.C. Cir. 2000) Robert Penrod, et al.,Petitionersv.National Labor Relations Board, RespondentInternational Brotherhood of Teamsters, Local 166,Intervenor No. 99-1121 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued January 7, 2000Decided February 22, 2000 [Copyrighted Material…
United States v. Harrison, Davon M. Page 2524
Opinion for the court filed by Circuit Judge SENTELLE.…
Opinion for the court filed by Senior Judge BUCKLEY.…
In this insurance coverage dispute, Plaintiff-Appellant New York Life Insurance Company (“New York Life”) asks us to reverse the district court’s dismissal of its motion for a preliminary injunction enjoining on grounds of res judicata and collateral estoppel a lawsuit brought against it in state court by Defendants…
Alfarache v. Cravener Page 2527
The Immigration and Naturalization Service (“INS”) brought deportation proceedings against Petitioner-Appellant Diego Alfarache, charging that he was subject to deportation for, inter alia, having been convicted of an aggravated felony and a controlled substance offense.…
United States v. Chavez-Chavez Page 2528
FACTUAL AND PROCEDURAL HISTORY On July 29, 1998, at approximately 8:00 in the morning, Border Patrol Agents Ron Torralba, an agent with six years experience, and Neil Heideman, an agent with three and a half years experience, stopped a van traveling on Highway 286 because they suspected that it contained illegal…
204 F.3d 141 (4th Cir. 2000) ZEB ARTIS, Petitioner,v.NORFOLK & WESTERN RAILWAY COMPANY; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents.NORFOLK & WESTERN RAILWAY COMPANY, Petitioner,v.ZEB ARTIS; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES…
United States v. Pearson, Eric Page 2577
203 F.3d 1243 (10th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ERIC D.…
Ronald Dean Combs v. Ralph Coyle Page 2578
MOORE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined.…
We have consolidated for decision two appeals that raise the same issue regarding the scope of judicial review of decisions by administrators of ERISA welfare or pension plans to deny benefits sought by participants in or beneficiaries of such plans.…
Appellant Hydranautics appeals the judgment dismissing its malicious prosecution action against FilmTec Corporation (“FilmTec”) entered by the district court after it granted summary judgment in favor of FilmTec on collateral estoppel grounds.…
204 F.3d 867 (9th Cir. 2000) PRUDENTIAL REAL ESTATE AFFILIATES, INC., Plaintiff-Appellee,v.PPR REALTY, INC., Defendant,RONALD CROUSHORE and HELEN SOSSO, Defendants-Appellees,and KATHY MCKENNA, Defendant-Appellant.PRUDENTIAL REAL ESTATE AFFILIATES, INC., Plaintiff-counter-defendant-Appellee,v.PPR REALTY, INC.; RONALD…
The National Labor Relations Board (“Board”) petitions this Court to enforce an unfair labor practice order (“Order”) it issued against Respondent Monson Trucking, Inc. for violating § 8(a)(1) and (3) of the National Labor Relations Act (“Act”), 29 U.S.C.…
United States v. Mounkes, William L. Page 2593
Defendants William L. and Correen Kay Mounkes appeal from the district court’s order denying their motions for judgment of acquittal and for a new trial.…
This is a petition for review of a decision by the Board of Immigration Appeals that affirmed an immigration judge’s order of deportation against petitioner while granting his request for voluntary departure.…
G & G Fire Sprinklers, Inc. v. Bradshaw Page 2596
Order; Dissent by ORDER In G & G Fire Sprinklers, Inc. v. Bradshaw, 156 F.3d 893 (9th Cir.1998), we held that California Labor Code provisions authorizing the state to seize money and impose penalties for a subcontractor’s failure to comply with prevailing wage requirements violated the Due Process Clause of the…
United States v. John C. Mandanici, Jr. Page 2599
205 F.3d 519 (2nd Cir. 2000) UNITED STATES OF AMERICA, Respondent-Appellee,v.JOHN C.…
AK Steel Corp. v. United States Page 2670
AK Steel Corporation, Inland Steel Industries, Inc., Bethlehem Steel Corporation, LTV Steel Company, Inc., National Steel Corporation, and U.S. Steel Group (collectively “domestic producers” or “appellants”) appeal the judgment of the United States Court of International Trade in this anti-dumping duties case.…
Reversed and remanded by published opinion.…
Ron Seaworth appeals from the District Court’s 1 order granting judgment on the *1057 pleadings in favor of defendants in this employment discrimination action.…
United States v. Joseph Kelly Page 2696
OPINION This is an appeal from convictions for counterfeiting United States currency, a violation of 18 U.S.C.…
Defendants Joan Gallo (“Gallo”), George Rios (“Rios”), and Ralph Greene (“Greene”) (collectively, “the individual defendants”) appeal from the denial of their motion for a summary judgment on the basis of qualified immunity in David Hus-key’s (“Huskey”) 42 U.S.C.…
Petitioner Anthony Lewis Whalem/Hunt is currently serving a life sentence with the possibility of parole after being convicted by a California state court of carjacking, kidnapping, and kidnapping for carjacking.…
Raymond Wright brought this action against the Illinois Department of Corrections (“the Department”).…
Appellant Brian Davis previously owned a small, 15-unit rental building in Janes-ville, Wisconsin.…
199 F.3d 158 (3rd Cir. 1999) IN RE: TMI LITIGATIONLORI DOLAN; JOSEPH GAUGHAN; RONALD WARD; ESTATE OF PEARL HICKERNELL; KENNETH PUTT; ESTATE OF ETHELDA HILT; PAULA OBERCASH; JOLENE PETERSON; ESTATE OF GARY VILLELLA; ESTATE OF LEO BEAM, Appellants No. 96-7623IN RE: TMI LITIGATIONALL PLAINTIFFS EXCEPT LORI DOLAN, JOSEPH…
Luis Triana v. United States Page 2712
Luis Triana, who was convicted in federal court for offenses arising out of a scheme to import cocaine, appeals from an order of the United States District Court for the Eastern District of New York (Korman, /.) denying his motion to vacate his conviction.…
205 F.3d 44 (2nd Cir. 2000) JEFFREY N. MEHLER and MARY S.…
Joseph C. Kilcullen v. New York State Department of Labor, United States of America, Intervenor Page 2714
Plaintiff appeals from a decision of the United States District Court for the Northern District of New York (Lawrence E.…
205 F.3d 583 (3rd Cir. 2000) REBECCA H. HOLMES, a minor by parents and natural guardians ED HOLMES and DEBBY HOLMES, his wife; ED HOLMES; DEBBY HOLMES, in their own rightv.MILLCREEK TOWNSHIP SCHOOL DISTRICT, Appellant Nos. 98-3428/3482 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued March 23, 1999Opinion…
Knepp v. Comm Social Security Page 2716
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 2-24-2000 Knepp v. Comm Social Security Precedential or Non-Precedential: Docket 99-3420 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Knepp v. Comm Social…
Max-George v. Ashcroft Page 2717
Prince Dwight Max-George (“Max-George”) appeals the district court’s dismissal of his habeas corpus petition for lack of jurisdiction.…
United States v. Prentiss Page 2718
206 F.3d 960 (10th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.RICCO PRENTISS, Defendant-Appellant.…
United States v. McKissick Page 2719
Mr. Darhee Gray McKissick and Mr. Delmar Anton Zeigler were arrested following a shooting at a nightclub in Oklahoma City.…
Weekley v. Moore Page 2720
Jeffrey WEEKLEY, Petitioner-Appellant, v. Michael W.…
Akins v. United States Page 2721
Jernard Akins (“Akins”) appeals from the district court’s judgment dismissing his motion to vacate or modify his sentence pursuant to 28 U.S.C.…
205 F.3d 82 (2nd Cir. 2000) CELLULAR PHONE TASKFORCE, et al., Petitioners,CELLULAR TELECOMMUNICATIONS INDUSTRY ASSOCIATION, NATIONAL ASSOCIATION OF BROADCASTERS, ASSOCIATION FOR MAXIMUM SERVICE TELEVISION, INC., ELECTROMAGNETIC ENERGY ASSOCIATION, and AT&T WIRELESS SERVICES, INC., Intervenors,v.FEDERAL…
Christopher L. Taylor v. United States Page 2771
Christopher L. Taylor appeals the district court’s 1 denial of his supplemental motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C.…
205 F.3d 937 (6th Cir. 2000) ST. FRANCIS HEALTH CARE CENTRE, PLAINTIFF-APPELLANT,V.DONNA SHALALA, DEFENDANT-APPELLEE.…
*686 OPINION I. Introduction The false advertising litigation before us has continued for six years, largely due to the paucity of legal rulings available to the trial court on some of the unique issues presented in this case.…
OPINION The principal question presented by these consolidated appeals is whether, under the doctrine of primary jurisdiction, district courts may decline to adjudicate in rem forfeiture actions brought by the United States against persons who operate radio stations without licenses.…
OPINION The plaintiffs in this action are registered nurses formerly employed by the defendant, Cleveland Clinic Foundation Health Care Ventures, Inc. They sued, alleging violation of the Fair Labor Standards Act, 29 U.S.C.…
Tyrone K. Harris v. United States Page 2776
OPINION Tyrone Harris was sentenced to imprisonment for 87 months after he pleaded guilty to a charge of possessing more than 500 grams of cocaine with intent to distribute it, a violation of 21 U.S.C.…
John J. Murphey is a lawyer, a sole practitioner specializing in patents, copyrights, and trademarks.…
204 F.3d 947 (9th Cir. 2000) JOHN LOUIS LALONDE, Plaintiff-Appellant,v.COUNTY OF RIVERSIDE, ROBERT MOQUIN, and JASON HORTON, OPINION Defendants-Appellees.…
Estate of Martineau v. Arco Chemical Co. Page 2779
The Estate of Richard Martineau (“Mar-tineau”) appeals the grant of summary judgment in favor of ARCO Chemical Co. (“ARCO”) in this discrimination and harassment case on several grounds.…
Resendiz v. Miller Page 2780
Nahu Resendiz and Evaristo Landa Co-varrubias filed suit pursuant to 42 U.S.C.…
Plaintiffs-appellants (“Underwriters”) appeal a summary judgment for their insured, Defendant-appellee Oryx Energy Company in their suit for reimbursement for monies paid in settlement of a personal injury claim.…
ON PETITION FOR REHEARING AND SUGGESTION OF REHEARING EN BANC Before BIRCH and CARNES, Circuit Judges, and MILLS * , Senior District Judge.…
United States v. Vinson Lamont Jones Page 2790
Affirmed in part and reversed in part by published opinion.…
Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge NIEMEYER and Judge WILLIAMS joined.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Senior Judge HALL joined.…
Affirmed by published opinion. Chief Judge WILSON wrote the opinion in which Judge WIDENER and Judge WILLIAMS joined.…
Before us are a notice of appeal and brief on appeal by death-sentenced petitioner Betty Lou Beets, who seeks review of the district court’s refusal to stay her execution presently scheduled for 6:00 p.m.…
United States v. Morrison Page 2810
Scott William Morrison appeals his 46 month sentence for reentering the United States without the permission of the Attorney General after deportation, in violation of 8 U.S.C.…
American Airlines, Inc. v. United States Page 2812
In this federal employment taxes refund case, American Airlines, Inc. (“American”) appeals from the final decision of the United States Court of Federal Claims granting the United States’ motion for summary judgment.…
Alpine View Co Ltd v. Atlas Copco AB Page 2844
Plaintiffs-Appellants challenge the district court’s grant of Defendants-Appel-lees’ motions to dismiss for lack of personal jurisdiction and for forum non conveniens.…
OPINION This is an appeal by the government from a judgment of acquittal on certain Hobbs Act charges and related conspiracy and money laundering counts of which a jury had found the defendants guilty.…
An Indian tribal court convicted Michael Enas, a non-member Indian, on two charges of assault.…
Applewood Chair Co. v. Three Rivers Planning & Development District (In Re Applewood Chair Co.) Page 2861
Applewood Chair Co. appeals the district court’s order affirming the bankruptcy court’s order clarifying a confirmed plan of reorganization.…
The American Federation of Television and Radio Artists (“AFTRA”) is a national labor union representing radio and television performers.…
204 F.3d 736 (7th Cir. 2000) CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and HOWARD MCDOUGALL, Plaintiffs-Appellants,v.HUNT TRUCK LINES, INC., an Iowa corporation, Defendant-Appellee.CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and HOWARD MCDOUGALL, Plaintiffs-Appellants,v.HUNT TRUCK…
Great Plains Coop filed a complaint against the Commodity Futures Trading Commission (CFTC) seeking various forms of relief, all for the general purpose of.…
United States v. Randy D. Warner Page 2871
Randy D. Warner pleaded guilty to distributing a listed chemical knowing or having reasonable cause to believe it would be used to manufacture methamphetamine, in violation of 21 U.S.C.…
Resolution of issue certified to the New York Court of Appeals on whether a plaintiff may recover under New York’s statutory right of privacy, N.Y.…
United States v. Mark L. Simons Page 2877
Affirmed in part and remanded in part by published opinion.…
Clark v. Lavallie Page 2881
The sole issue presented in this case is whether Fed. R.App.…
OPINION OF THE COURT Dale Swartz appeals from the District Court’s order dismissing as untimely his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
This appeal requires us to consider the effect of an attorney’s disbarment by state authorities during a defendant’s federal trial.…
Petitioner Darius Morgan, a New York State (“State”) prisoner convicted of murder and attempted murder, appeals from a judgment of the United States District Court for the Eastern District of New York, Edward R.…
McIlravy v. Kerr-McGee Coal Corp. Page 2893
This diversity case has been through two jury trials and is again before us on appeal.…
The district court action from which this appeal is taken followed the filing and subsequent withdrawal by Puerto Rican authorities of a criminal complaint against plaintiff-appellee Wanda Negron Rivera (“Negron”).…
On Petition for Rehearing I&M Rail Link has filed a petition for rehearing en banc, asserting that our decision conflicts with Texas & P.…
I. Introduction Tony L. Bladow (Bladow) appeals an administrative law judge’s (ALJ’s) denial of disability benefits under Title II of the Social Security Act, 42 U.S.C.…
205 F.3d 1072 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLANT,v.HAMEDAH A.…
United States v. Gary O'Dell Page 2903
A jury found Gary O’Dell guilty of one count of conspiracy to commit money laundering, in violation of 18 U.S.C.…
Robert Mitchell, a Washington state prison guard, appeals the district court’s denial of his motion for summary judgment in a case in which a male-to-female transsexual prisoner, Douglas (“Crystal”) Schwenk, sought damages as a result of Mitchell’s alleged attempt to rape her.…
Swisher International, Inc. (“Swisher”) appeals from a summary judgment for the government by the United States Court of International Trade, dismissing some of its claims for a refund of the unconstitutional Harbor Maintenance Tax (“HMT”) as time barred.…
United States v. Eugene A. Fischer Page 2906
Over ten years ago, Eugene Fischer was convicted both of being the principal administrator of a continuing criminal enterprise and of conspiring to distribute marijuana.…
Pamela Jordan, an African-American accounting technician with the United States Customs Service (Customs), applied for but did not get a promotion in 1994.…
Harte v. Bethlehem Steel Corp. Page 2928
204 F.3d 442 (3rd Cir. 2000) ROBERT J. HARTE, Appellantv.BETHLEHEM STEEL CORPORATION; GENERAL PENSION BOARD OF THE BETHLEHEM STEEL CORPORATION AND SUBSIDIARY COMPANIES; MICHAEL P.…
United States v. Brownlee Page 2930
Appellant Elliott Brownlee appeals the district court’s denial of U.S.S.G.…
United States v. Chavez Page 2931
Zoilo Chavez appeals his judgment and sentence, including the conditions of his probation.…
Shrink Missouri Government PAC v. Adams Page 2932
204 F.3d 838 (8th Cir. 2000) Shrink Missouri Government PAC, a political action committee; Zev David Fredman, Plaintiffs - Appellants,v.Richard Adams, in his official capacity as a Member of the Missouri Ethics Commission; Patricia Flood, in her official capacity as a Member of theMissouri Ethics Commission; Robert…
Appellant Liqui-Box Corporation (“Li-qui-Box”) challenges the damage portion of the judgment entered against it following a jury trial.…
Petitioners-appellants Laurence M. Ad-dington, David M.…
This is an appeal from a judgment entered April 27, 1999 in the United States District Court for the Eastern District of New York (Weinstein, J.), granting summary judgment to defendant and dismissing plaintiffs complaint.…
OPINION OF THE COURT Edward Coss appeals from the denial of his petition for a writ of habeas corpus *456filed pursuant to 28 U.S.C.…
Petitioner Brazos Electric Power Cooperative, Inc. (“Brazos”) seeks review of an order of the Federal Energy Regulatory Commission (“FERC,” or “the Commission”) denying Brazos’ motion and petition to revoke the certification of Tenaska IV Texas Partners, Ltd. (“Tenaska”) as a “qualifying cogeneration facility” under…
Robert Daniel Saling, Jr. appeals his conviction and sentence on the grounds that the United States breached their plea agreement.…
In this case the appellant, Harry Tucker, claims that the conditions of his employment with the City of Hot Springs violated the substantive aspects of the Due Process Clause of the Fourteenth Amendment.…
Darrell Whitmore appeals the district court’s dismissal of his Bivens 1 action, and moves to proceed in forma pauperis (IFP) on appeal.…
This appeal requires us to decide, inter alia, whether the Department of Treasury has the authority to impose tax penalties as a result of prohibited transactions with a qualified pension plan when the Department of Labor has entered into a consent judgment concerning the plan.…
Bobby Welch and his wife Kathleen Newman appeal the tax court’s judgment upholding the assessment of federal income tax deficiencies by the Commissioner of Internal Revenue (“Commissioner”).…
United States v. Ronald \"Boo\" Colvin Page 2962
204 F.3d 1221 (9th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,V.RONALD "BOO" COLVIN, DEFENDANT-APPELLANT.…
This appeal presents the question of whether the tax court correctly decided Krause v. Commissioner, 99 T.C.…
*883 OPINION Defendant-Appellant Arthur Charles Elzy appeals from the district court’s order denying his 28 U.S.C.…
KRUPANSKY, J., delivered the opinion of the court, in which BOGGS, J., joined.…
Ultra-Tex Surfaces, Inc. and Dryvit Systems, Inc. (collectively “Ultra-Tex”) appeal from the decision of the United States District Court for the Central District of California holding that Hill Brothers Chemical Co. and Omega Products Corp. did not infringe claim 6 of U.S. Patent 5,502,941 under the doctrine of…
204 F.3d 1045 (10th Cir. 2000) DUY DAC HO, Petitioner-Appellee,v.JOSEPH GREENE, District Director, Immigration and Naturalization Service, Respondent-Appellant.LOI TAN NGUYEN, Petitioner-Appellee,v.JOSEPH GREENE, District Director, Immigration and Naturalization Service, Respondent-Appellant.AMERICAN IMMIGRATION…
Rodgers v. Wyoming Attorney General Page 2975
In appeal number 98-8111, Petitioner Craig Thomas Rodgers seeks to appeal the district court’s denial of his 28 U.S.C.…
206 F.3d 56 (1st Cir. 2000) UNITED STATES, APPELLEE,v.NAI FOOK LI, DEFENDANT, APPELLANT.UNITED STATES, APPELLEE,v.YIU MING KWAN, DEFENDANT, APPELLANT.UNITED STATES, APPELLEE,v.JU LIN, DEFENDANT, APPELLANT.UNITED STATES, APPELLEE,v.BEN LIN, DEFENDANT, APPELLANT.UNITED STATES, APPELLEE,v.HUI LIN, DEFENDANT…
United States v. Robert C. Enriquez Page 3088
Robert Enriquez pleaded guilty to possession with intent to distribute methamphetamine.…
Innab v. Reno Page 3102
Nahro Sudqi Innab appeals the district court order denying his petition for habeas corpus, in which he sought review of his claim that section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996, codified at 8 U.S.C.…
United States v. Russell Page 3103
This is an appeal from the district court’s denial of defendant Russell’s motion to vacate sentence under 28 U.S.C.A.…
205 F.3d 303 (6th Cir. 2000) KATHERINE GARDENHIRE AND WALTER GARDENHIRE, PLAINTIFFS-APPELLEES,v.DONALD SCHUBERT, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS CHIEF OF POLICE, DEFENDANT-APPELLANT.…
Sidney C. Roberts v. Paul K. Delo Page 3127
The defendant, Sidney Roberts, appeals from the denial of his petition for a writ of habeas corpus.…
United States v. Arnold Prado Page 3128
Arnold Prado appeals from the sentence imposed by the district court at his resen-tencing, following his successful 28 U.S.C.…
United States v. Stuart Lee Sumner Page 3129
Stuart Lee Sumner, an enrolled member of the Red Lake Band of Chippewa Indians, appeals his convictions on two counts of abusive sexual contact, in violation of 18 U.S.C.…
United States v. Denise Due Page 3130
The defendant, Denise Due, signed a plea agreement, agreeing to cooperate and provide truthful information to the government.…
Jerold H. Nevland appeals from the judgment of the United States District Court for the District of North Dakota which upheld the final decision of the Commissioner that he is not entitled to Social Security benefits based on disability.…
United States v. Beardslee Page 3135
ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC The opinion filed on November 1, 1999 [197 F.3d 378] is hereby amended as follows: 1.…
Prescott v. County of El Dorado Page 3137
Steven Prescott,2 an employee of. the County of El Dorado, California, appealed the determination of the district court that granted him limited relief on his claim that the assessment of fair-share agency shop fees against him was not fair.…
204 F.3d 964 (9th Cir. 2000) SURINDER BAINS, Petitioner-Appellant,v.GOMEZ, Director, STEVE CAMBRA; JAMES H., Respondents-Appellees.…
INTRODUCTION AND STATUTORY BACKGROUND This is an appeal by U S West Communications, Inc. (“U S West”) and a cross-appeal by MCI Telecommunications Corporation (“MCI”) from a district court judgment entered after review of a Washington Utilities and Transportation Commission OWUTC”) decision.…
We must decide whether a change in Fijian country conditions rebuts the presumption that a Fijian of Indian descent seeking asylum in the United States has a well-founded fear of persecution.…
204 F.3d 935 (9th Cir. 2000) KAVITA KOMAL PAL; ALVEENA AKASHNI PAL; DAVINA DEVIKA PAL; SURUJ PAL, PETITIONERS,V.IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT.…
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which *556Senior Judge MAGILL joined.…
*128 Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge CYNTHIA HOLCOMB HALL joined.…
Robert D. Shaner, Jr. v. Synthes (Usa) Page 3163
OPINION OF THE COURT This matter comes on before this court on appeal from the district court’s order entered December 14, 1998, granting summary judgment in favor of appellee Synthes (USA) (“Synthes” or “the company”) dismissing appellant’s complaint asserting claims under the Americans with Disabilities Act, 42…
Gary Johnson, the Director of the Texas Department of Criminal Justice’s Institutional Division, (“the Director”) appeals the district court’s final judgment granting Pamela Perillo’s 28 U.S.C.…
United States v. Maloof Page 3180
This direct criminal appeal arises from the conviction following jury trial of Mark Albert Maloof (Maloof) for conspiracy to restrain trade in violation of Section 1 of the Sherman Act, 15 U.S.C.…
Allen v. Rapides Parish School Board Page 3181
Robert D. Allen sued the Rapides Parish School Board (“Board”) for discrimination under the Americans with Disabilities Act of 1990 (“ADA”).…
Howe v. Scottsdale Insurance Co. Page 3182
Johnny Wade Howe, on behalf of himself and his daughter Courtney Howe (hereinafter collectively referred to as “Howe”), sued the Louisiana State University Medical Center (“LSUMC”) for a portion of their legal fees and costs of recovering damages from the defendants, Scottsdale Insurance Company (“Scottsdale”)…
Ingalls Shipbuilding, Inc. v. Wooley Page 3184
Petitioner, Ingalls Shipbuilding, Inc. (“Ingalls”) seeks review of a final order of the Benefits Review Board, United States Department of Labor on Respondent, James E.…
Murphy v. Johnson Page 3185
Petitioner Ivan Ray Murphy appeals the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C.…
Donna Barger v. United States Page 3186
Donna Barger appeals from the district court’s 1 denial of her petition for a writ of habeas corpus pursuant to 28 U.S.C.…
United States v. Lee A. Foley Page 3187
Lee A. Foley was indicted on one count of possession with intent to distribute cocaine, in violation of 21 U.S.C.…
Phillip Kelly, the trustee of David and Hannah Armstrong’s bankruptcy estate (the Trustee), brought this action under 11 U.S.C.…
Titan Tire Corporation (Titan) appeals the district court’s 2 order requiring Titan to submit two grievances filed by the United Steelworkers of America, AFL — CIO-CFL, Local 164 (the union) to binding arbitration.…
Tracie Park is a member of a group known as the “Rainbow Family,” which holds periodic gatherings of its members in various national forests.…
United States v. Reyes Castillo-Garcia Page 3193
OPINION Defendant-Appellant Reyes Castillo-Garcia (“Castillo-Garcia”) appeals his sentence, specifically challenging the district court’s refusal to grant a reduction for acceptance of responsibility.…
*892 OPINION On April 27, 1995, William Belew was driving a truck through Kentucky on behalf of Three Rivers Trucking Co. Belew picked up a stranded motorist, Myra Stal-bosky, at an interstate rest area.…
GILMAN, J., delivered the opinion of the court, in which COLE, J., joined.…
Opinion by Judge PREGERSON; Dissent by Judge BRIGHT.…
Humanitarian Law Project v. Reno Page 3206
We consider whether Congress may, consistent with the First Amendment, prohibit contributions of material support to certain foreign terrorist organizations.…
Leticia Cordon-Garcia (“Petitioner”) petitions for review of a March 80, 1998, decision by the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of Petitioner’s application for asylum and withholding of deportation.…
213 F.3d 663 (D.C. Cir. 2000) State of Michigan, Michigan Department of Environmental Quality and State of West Virginia, Division of Environmental Protection, Petitionersv.U.S. Environmental Protection Agency, RespondentNew England Council, Inc., et al., Intervenors Nos. 98-1497, 98-1499, 98-1500, 98-1501, 98-1502…
Borgo, Susan M. v. Goldin, Daniel S. Page 3210
Opinion for the Court filed by Circuit Judge GARLAND.…
204 F.3d 1125 (D.C. Cir. 2000) Michael D.…
Patrick C. Jackan, United States of America, Intervenor v. New York State Department of Labor Page 3242
Plaintiff Patrick Jackan appeals from a decision of the United States District Court for the Northern District of New York (Thomas J.…
OPINION OF THE COURT This appeal raises a number of employment law issues relating to the recruitment, hiring and later firing of appellant, Susan Farrell.…
Beck v. Bassett Page 3245
Plaintiff-Appellant Jeffrey H. Beck (“Beck”), as Trustee of Debtor Southeast Banking Corporation (“Debtor” or “Southeast”), appeals the district court’s order dismissing the complaint against Defendants-Appellees (“Defendants”), who were directors and/or officers of Debtor.…
Plaintiffs, black citizens of DeSoto County, brought suit, alleging that the current at-large method of electing the county school board and county commission unlawfully dilutes black-minority voting strength, under section 2 of the Voting Rights Act and the Fourteenth and Fifteenth Amendments.…
United States v. Gil Page 3247
Appellant, Lourdes Gil, was convicted of one count of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C.…
Century Importers, Inc. v. United States Page 3248
Opinion for the court filed by Circuit Judge RADER.…
The principal question in this case is whether the Merit Systems Protection Board (“Board”) correctly held that it lacked authority to award back pay for the period between the Environmental Protection Agency (“EPA”)’s wrongful refusal to hire the petitioner Hubbard and its hiring of him eleven years later pursuant to…
Truman v. Johnson Page 3348
FACTUAL AND PROCEDURAL HISTORY On October 23, 1990, Michael Anthony Truman, the petitioner, was arrested in possession of a large quantity of marijuana.…
Ahrens v. Perot Systems Corp. Page 3349
Summary judgment having been awarded Perot Systems Corp., primarily at issue is whether judicial estoppel precludes Wendy J.…
205 F.3d 912 (6th Cir. 2000) BURMA L. COVINGTON, NATURAL PARENT AND LEGAL CONSERVATOR OF DAVID JASON COVINGTON, PLAINTIFF-APPELLANT.v.KNOX COUNTY SCHOOL SYSTEM; KNOX COUNTY BOARD OF EDUCATION; ALLEN MORGAN, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT; DONNA PARKER, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS…
OPINION This appeal is a consolidation of two related appeals before this court involving the same parties and the same underlying dispute.…
Sisseton-Wahpeton Community College (the College) appeals from a judgment en *1042 tered by the district court in favor of Vicki Hagen and Colin L.…
United States v. Yoshio Takahashi Page 3374
Yoshio Takahashi (“Takahashi”) appeals his conviction of (1) conspiring to possess methamphetamine with intent to distribute and to distribute in violation of 21 U.S.C.…
PGA Tour, Inc. (“PGA”) appeals from the district court’s decision in favor of Casey Martin, a disabled professional golfer, ordering PGA to make an exception to its “walking rule” to allow Martin to ride a golf cart during PGA competitions.…
205 F.3d 1138 (9th Cir. 2000) RONALD D. BAKER, Petitioner-Appellant,v.CITY OF BLAINE; LOUANNE CRANEFIELD, Respondents-Appellees.…
United States v. Jose Lombera-Camorlinga Page 3378
Opinion by Judge SCHROEDER; Dissent by Judge BOOCHEVER; Dissent by Judge THOMAS.…
LSO, Ltd. v. Stroh Page 3379
OVERVIEW This litigation arises from the efforts of Appellant Lifestyles Organization, Limited (“LSO”) to hold its annual Erotic Art Exhibition and Trade Show in Palm Springs, California, in 1997.…
Steven Bastien sued AT&T Wireless Services, Inc. in an Illinois court over his allegations that the company misled him about his cellular telephone service.…
Sandra Remer appeals the dismissal of her § 1983 lawsuit against the Burlington Area School District (the “School District” or the “District”) and the individual members of the District’s school board.…
United States v. Rivera-Alicea Page 3387
A jury found defendant-appellant Jaime Rivera-Alicea guilty of various offenses arising out of a surveilled drug transaction and ensuing chase.…
Veilleux v. National Broadcasting Co. Page 3388
Defendant-appellants National Broadcasting Company, Inc. (“NBC”), Man Handel, and Fred Francis (collectively, “defendants”) appeal from jury verdicts totaling $525,000 in the District Court for the District of Maine.…
Josefina Rubert-Torres appeals from the district court’s summary judgment in favor of one defendant and from the judgment entered upon a jury verdict for the other defendant.…
Atlantic Fish Spotters Ass'n v. Daley Page 3390
In the district court, the plaintiffs prevailed in overturning an administrative regulation and then sought attorney’s fees from the United States under the Equal Access to Justice Act, 28 U.S.C.…
United States v. Lopez Page 3399
This appeal brings questions regarding the authority of a magistrate judge to preside in a federal prosecution of a felony after the jury has commenced its deliberations.…
BankBoston, N.A., (“BankBoston”) appeals from the April 26, 1999 judgment of the United States District Court for the District of Connecticut (Alfred V.…
United Phosphorus (United) brought this action against Midland Fumigant (Midland), and its president, Donald Fox, claiming violation of the Lanham Act, fraudulent trademark registration, trademark infringement, unfair competition, violation of the Racketeer Influenced and Corrupt Organization Act (RICO), and common…
In this bankruptcy case, appellant debt- or Lowell Lehman sought complete avoidance of a judicial lien on his home in the amount of $53,878.19 held by appellee Vi-sionSpan, Inc. The bankruptcy judge, affirmed by the district court, held that only part of the lien could be avoided and that $24,688 1 of that lien could…
Andersen v. McCotter Page 3419
Plaintiff Jessica Andersen appeals from the district court’s order dismissing her claims brought under 42 U.S.C.…
Plaintiffs appeal the district court’s order granting defendants’ motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer for improper venue.…
206 F.3d 1345 (10th Cir. 2000) IN RE: THE DEPARTMENT OF ENERGY STRIPPER WELL LITIGATION.THE STATES OF ALABAMA, CALIFORNIA, CONNECTICUT, IDAHO, INDIANA, MARYLAND, MICHIGAN, MISSISSIPPI, MONTANA, OHIO, SOUTH DAKOTA, VERMONT, WISCONSIN and WYOMING, Plaintiffs-Appellants,v.UNITED STATES DEPARTMENT OF ENERGY and CHEVRON…
206 F.3d 618 (6th Cir. 2000) TCG DETROIT, PLAINTIFF-APPELLANT (98-2034), PLAINTIFF (98-2035),V.CITY OF DEARBORN, DEFENDANT-APPELLEE (98-2034),THIRD-PARTY PLAINTIFF-APPELLANT (98-2035), AMERITECH MICHIGAN, INCORPORATED, THIRD-PARTY DEFENDANT-APPELLEE (98-2035).…
Bennett v. King Page 3424
ORDER Frederick Douglas Bennett is an inmate of the Pelican Bay State Prison of the State of California.…
specially concurring: I concur in the eloquent and persuasive opinion of the court, which correctly interprets a difficult and opaque statute.…
This is a contest for salvage rights to gold cargo in a shipwreck lying for a century on the bottom of the inland passage near Juneau.…
In this appeal we consider: (1) whether the Board of Immigration Appeals erred in holding that the petitioner’s written application could not be considered absent a stipulation that his oral testimony would be consistent with his written application when the petitioner affirmed under oath that all of the material in…
United States v. Jesus Gabriel Garcia Page 3428
Jesus Gabriel Garcia appeals the district court’s denial of his motion to suppress evidence seized from a highway traffic stop and post-arrest statements made to police.…
Cooper, Robert E. v. Nelson & Company Page 3430
In the United States Court of Appeals For the Seventh Circuit Nos. 98-4169, 98-4222 ROBERT E.…
This case presents a clash between big-time sports and the Americans With Disabilities Act (ADA).…
Richard Feliciano v. Donald Selsky, Director of S.H.U., and Catherine Wronski, Hearing Officer Page 3432
BACKGROUND Plaintiff-Appellant Richard Feliciano has filed a motion in this court to disallow the costs on appeal sought by defendants-appellees Donald Selsky and Catherine Wronski.…
Jon Keith Smith was convicted of first-degree felony murder, 1 armed criminal ae *1047 tion, robbery, and burglary in Missouri state court and was sentenced to five terms of life imprisonment.…
In 1993, John Richard Roney pleaded guilty to drug trafficking and money laundering offenses and was sentenced to 235 months in prison.…
Linda Faye Stewart and her husband, William Stewart, commenced this diversity action against Philip Morris, Inc., alleging that Linda Stewart developed lung cancer because of the absence of adequate health warnings on Marlboro cigarette packaging.…
Nicky R. Rehder appeals the district court’s 1 judgment affirming the Social Security Administration’s denial of her application for social security disability insurance pursuant to 42 U.S.C.…
Plaintiff, Jane Marie Hundertmark, filed a complaint against the Florida Department of Transportation (“FDOT”) and its secretary Ben G.…
Defendant-Appellant Bernard Wendt appeals the district court’s grant of summary judgment in favor of plaintiff-appel-lee Continental Casualty Company in a declaratory judgment action brought by Continental seeking a declaration of rights and obligations on insurance policy(ies) issued by Continental to Defendant…
OPINION ON REMAND The questions presented here are whether the Colorado Department of Corrections’ Sex Offender Component classifying John H.…
Opinion for the Court filed by Circuit Judge ROGERS.…
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
Opinion for the Court filed by Circuit Judge SILBERMAN.…
Jacobs, Daniel S. v. Schiffer, Lois J. Page 3485
Opinion for the Court filed by Circuit Judge ROGERS.…
206 F.3d 289 (3rd Cir. 2000) TIMOTHY BOOTH, Appellantv.CHURNER, C.O.; WORKENSHER, Sgt.; RIKUS, Lt.; W.…
United States v. Prather Page 3487
Vernon Victor Prather appeals his conviction for conspiracy to distribute pseu-doephedrine in violation of 21 U.S.C.…
Our opinion in Fitzgerald Columbus Hinson v. Roderick E.…
United States v. Alphonzo Leon Johnson Page 3491
Alphonzo Leon Johnson appeals his sentence for being a felon in possession of a firearm in violation of 18 U.S.C.…
California State Warden K.W. Prunty appeals the district court’s grant of prisoner Arreguin’s petition for a writ of habeas corpus.…
Luis Enrique Varela petitions this court for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen.…
We must decide whether substantial evidence exists to support the Board of Immigration Appeals’ adoption of an Immigration Judge’s decision to deny an Indo-Fijian’s petition for asylum.…
United States v. James A. Miller Page 3495
James A. Miller (“Miller”) moved to modify his fíne following his felony conviction, but the district court dismissed Miller’s motion for lack of jurisdiction.…
Defendant-appellant Armando Lopez-Soto appeals from the district court’s denial of his motion to suppress evidence that was the basis of his conviction.…
United States v. Michael Lynn Tribble Page 3497
OPINION This appeal arises from defendant Tribble’s conviction, upon a guilty plea, for misappropriation of postal funds under 18 U.S.C.…
OPINION I. Introduction and Facts This is an action to enforce a judgment.…
205 F.3d 688 (4th Cir. 2000) PETERSBURG CELLULAR PARTNERSHIP, d/b/a 360o Communications Company, Plaintiff-Appellee,UNITED STATES OF AMERICA, Intervenor,v.BOARD OF SUPERVISORS OF NOTTOWAY COUNTY, Defendant-Appellant.…
Federal Election Commission v. Al Salvi for Senate Committee and Stephanie Mustell, as Treasurer Page 3513
The Federal Election Commission (“Commission”) appeals an order of the United States District Court for the Northern District of Illinois denying the Commission’s motion under Rules 60(b)(1) and (b)(4) for relief from an order dismissing a civil enforcement action the Commission had brought against the A1 Salvi for…
205 F.3d 1084 (8th Cir. 2000) MARTIN J. TANG, APPELLANT,v.KENNETH S.…
Herb and Rita Lindsey (the Lindseys) brought suit against Jewels by Park Lane, Inc. (Park Lane) in the district court, claiming that Park Lane breached its oral contract to indemnify them against liability and pay their attorneys fees in an unrelated suit.…
Leslie Dale Martin, sentenced to death in Louisiana state court for first degree murder, appeals the denial of his habeas apphcation, the district court having granted a Certificate of Appealability (COA) on two interrelated claims regarding the testimony of the State’s key witness concerning Martin’s committing the…
United States v. Edwards Page 3529
Edwin W. Edwards, Stephen Edwards, Cecil Brown, Andrew Martin Bobby Johnson, Gregory Tarver, and Ecotry Fuller (the “Defendants”) appeal the district court’s denial of their motion to lift a court-imposed gag order.…
208 F.3d 490 (5th Cir. 2000) C & H NATIONWIDE, INC Plaintiff - Appellantv.NORWEST BANK TEXAS NA, Garnishee; ET AL DefendantsWESLEY KENNEMER; CURLEY JOE TRUCKING AppelleesC & H NATIONWIDE INC Plaintiff - Appellantv.NORWEST BANK TEXAS NA; ET AL DefendantsWESLEY KENNEMER; CURLEY JOE TRUCKING, INC Appellees No.…
H.B. Zachry Co. v. Quinones Page 3535
206 F.3d 474 (5th Cir. 2000) H B ZACHRY COMPANY; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Plaintiffs - Appellantsv.JOSE B QUINONES; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, US DEPARTMENT OF LABOR Defendants - Appellees No. 99-20278 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 8…
United States v. Bryant Legree Page 3541
205 F.3d 724 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.BRYANT LEGREE, Defendant-Appellant.…
205 F.3d 731 (4th Cir. 2000) PHILLIP A. CHISHOLM, Plaintiff-Appellant,v.UHP PROJECTS, INCORPORATED, Defendant & Third Party Plaintiff-Appellee,v.SEALIFT, INCORPORATED; ULTRA MARITIME, INCORPORATED; WILCO SUPPLY, INCORPORATED; SPIR STAR, INCORPORATED; KUTTING, INCORPORATED; SPIR STAR DRUCKSCHLAUCHE GMBH, Third…
Frederick v. Kirby Tankships, Inc. Page 3544
This case involves an appeal from a jury verdict in favor of Plaintiff/Appel-lee/Cross-Appellant, Terrance J.…
United States v. Neary (In Re Armstrong) Page 3545
The United States of America, on behalf of the Internal Revenue Service [IRS], appeals from the district court’s affirmation of a bankruptcy decision granting the trustee of debtor’s estate a refund of taxes.…
United States v. David Charles Hunt Page 3546
OPINION This is an appeal from a criminal sentence imposed on defendant by the United States District Court for the Eastern District of Michigan.…
OPINION This is an appeal from a labor arbitration.…
This appeal arises out of an executory contract between Conejo Enterprises, Inc., (“Conejo”) and Benedor Corporation (“Benedor”).…
United States v. Guillermo Fernandez Page 3556
One month after pleading not guilty to a one-count indictment charging him with conspiracy to distribute marijuana, Guillermo Fernandez (“Fernandez”) changed his mind and pleaded guilty.…
For approximately thirty years, Amoco leased land from NRC for a gasoline service station.…
United States v. Deleveaux Page 3566
Defendant-Appellant James Vincent De-leveaux appeals his conviction and 46- *1294 month sentence for being a convicted felon in possession of a firearm.…
Campbell v. St. Tammany's School Board Page 3583
This is a First Amendment challenge to St. Tammany’s School District’s building use policy, which prohibits non-student uses involving religious worship or religious instruction.…
OPINION OF THE COURT Plaintiff N.R., through his parents, T.R.…
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 3-9-2000 Liang v. INS Precedential or Non-Precedential: Docket 99-5053 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Liang v. INS" (2000).…
205 F.3d 597 (3rd Cir. 2000) STANLEY SMITH, Appellantv.ROBERT CONTINI; JOHN BARNES; JOHN KROMMENHOEK; RICHARD MULLER; JERRY MCCORMICK; LAWRENCE MCDERMOTT; JOHN DOE (name being fictitious); TEAMSTERS LOCAL 641 PENSION FUND; PETER VAN LENTEN; ROBERT CIRONE, as Trustee of the Teamsters Local 641 Pension Fund; THOMAS…
United States v. Dennis Llewellyn Tappin Page 3589
205 F.3d 536 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.DENNIS LLEWELLYN TAPPIN, Defendant-Appellant.…
In this insurance coverage declaratory judgment diversity action, Swift Energy Company (“Swift” or “Company”) appeals from a summary judgment entered by the district court in favor of Mid-Continent Casualty Company (“Mid-Continent”).…
Carpenter v. Williams Page 3591
These appeals arise out of a bankruptcy proceeding involving two debtors, Laura L.…
Plaintiff-appellant Intercon, Inc., appeals the district court’s order dismissing its action against defendant Bell Atlantic Internet Solutions, Inc., for lack of personal jurisdiction.…
Vinick v. United States Page 3593
205 F.3d 1 (1st Cir. 2000) ARNOLD W. VINICK, Plaintiff, Appellant,v.UNITED STATES, Defendant, Appellee.…
MaineGeneral Medical Center v. Shalala Page 3596
This case concerns what recourse is available to a provider hospital that, although eligible to receive Medicare reimbursement for certain expenses, mistakenly fails to ask for that reimbursement in a timely manner.…
We conclude that we do not have appellate jurisdiction over this appeal.…
United States v. Michael Johnson Page 3599
Appellant Michael Johnson (“Johnson”) appeals from the district court’s denial of his motion to suppress evidence found as a result of a warrantless search of his residential property.…
207 F.3d 557 (9th Cir. 2000) JERRY BARTLETT JONES, JR.,Petitioner-Appellee-Cross-Appellant,v.TANA WOOD,Respondent-Appellant-OPINION Cross-Appellee.…
Samson Dubria v. G.A. Smith, Warden Page 3624
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
Chen v. City of Houston Page 3636
Plaintiffs-appellants, residents of the City of Houston, filed this suit claiming that the City of Houston and the individual members of its City Council (collectively, the City) had violated the Fourteenth Amendment when they created the single member districts used to elect nine of the fifteen members of the Council.…
Opinion for the Court filed by Circuit Judge SILBERMAN.…
Opinion for the Court filed by Chief Judge EDWARDS.…
United States v. Omar Castillo-Casiano Page 3639
ORDER The opinion filed December 28, 1999 [198 F.3d 787] is amended as follows: 1.…
United States v. Stephen D. Lamb Page 3640
Woefully equipped for his line of work, Stephen Lamb broke into a bank.…
Mario Solorzano-Patlan challenges the Board of Immigration Appeals’ (BIA) decision that he was removable from the United States as an “aggravated felon” because his Illinois burglary conviction was classified as a “burglary offense,” as well as a “crime of violence,” for which the term of imprisonment is at least one…
Louis Holiday v. City of Chattanooga Page 3660
OPINION Plaintiff, Louis Holiday, brought suit against Defendant, the City of Chattanooga (“the City”), under the Americans with Disabilities Act (“ADA”), 42 U.S.C.…
In this diversity case, Defendant-Appellant Azrock Industries Inc. (“Azrock”) appeals from the district court’s grant of summary judgment to Plaintiff-Appellee Guaranty National Insurance Co. (“Guaranty National”).…
OPINION OF THE COURT This appeal provides an excellent illustration of the difficulties that confront a claimant under the Age Discrimination in Employment Act (ADEA).…
206 F.3d 335 (3rd Cir. 2000) LUIS FUENTES, Appellantv.WAGNER, WARDEN; KONEMANN, CORRECTIONAL OFFICER; KLEEMAN, CORRECTIONAL OFFICER; DONATO, CORRECTIONAL OFFICER; BROWN, SERGEANT; WERST, ASSISTANT WARDEN, BERKS COUNTY No. 99-1062 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued: December 15, 1999Decided…
Davis v. Florida Power & Light Co. Page 3665
Plaintiff Marvin Davis (“Davis”) appeals the entry of judgment for Defendant Florida Power & Light Company (“FPL”) on his employment discrimination claims under the Americans with Disabilities Act of 1990 (“ADA”).…
The district court consolidated three cases involving various tax shelter programs promoted by Henry F.K.…
BankAmerica Pension Plan v. McMath Page 3711
Opinion by Judge Sneed; Concurrence by Judge Sneed.…
206 F.3d 832 (9th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,V.SACRAMENTO HINOJOSA-PEREZ, DEFENDANT-APPELLANT.…
I INTRODUCTION Plaintiff-appellant Roosevelt Harris (“Harris”) sued defendant-appellee Harris & Hart (“H&H”), alleging that defendant violated his rights under the Americans with Disabilities Act when it requested that plaintiff provide a medical release before returning to work.…
Flores v. San Diego County Page 3714
Corrections deputy Rafael Flores sued the San Diego County Sheriff and others under 42 U.S.C.…
Two deportation orders affirmed by the BIA are challenged in these petitions.…
The issue in this case is whether violation of a Washington gun law is an aggravated felony for purposes of the federal sentencing guidelines.…
This case arises out a suit brought by Irene Sahulka against Lucent Technologies, Inc. (Lucent), pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C.…
206 F.3d 770 (8th Cir. 2000) ROBYNE MAHANEY; JAMES MAHANEY, INDIVIDUALLY AND ON BEHALF OF THEIR CHILDREN AND AS REPRESENTATIVES OF THE CLASS, PLAINTIFFS-APPELLANTS,v.WARREN COUNTY; MIKE BAKER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS WARREN COUNTY SHERIFF; NORTH EAST COMMUNITY ACTION CORP.; DONALD PATRICK; LYNN…
Harrison Jolly, an inmate in a Missouri prison, brought an action under 42 U.S.C.…
The plaintiffs, Marshall Stewart, Jr. and Isiah Williams, brought this action under Title VII, 42 U.S.C.…
207 F.3d 153 (3rd Cir. 2000) FEDERAL DEPOSIT INSURANCE CORPORATION, EXCLUSIVE MANAGER OF RESOLUTION TRUST CORPORATION, AS CONSERVATOR FOR HORIZON FINANCIAL, F.A.v.LOUIS DEGLAU AND MARGARET DEGLAU, H/W LOUIS DEGLAU AND MARGARET DEGLAU, APPELLANTS No. 98-1113 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ARGUED…
207 F.3d 305 (6th Cir. 2000) SHELDON FUTERNICK, PLAINTIFF-APPELLANT,v.SUMPTER TOWNSHIP; HELEN TEALL, BARBARA DUDEK, ARNESS COX, AND BARNEY BAN, SUMPTER TOWNSHIP TRUSTEES; MARVIN BANOTAI, SUMPTER TOWNSHIP SUPERVISOR; GLENN BOWLES, SUMPTER TOWNSHIP ADMINISTRATOR; JOAN ODDY, SUMPTER TOWNSHIP CLERK; JOHN MORGAN, TOWNSHIP…
OPINION Teamsters Miscellaneous and Industrial Workers Union, Local 284 appeals the district court’s judgment denying its motion for declaratory judgment.…
United States v. Terrance Matthews Page 3735
Defendant-appellant Terrance Matthews appeals from the judgment of conviction, entered May 11, 1999, sentencing him to a forty-two month term of imprisonment for possession of a firearm by a felon in violation of 18 U.S.C.…
United States v. Marlan Sanders Page 3736
Defendant Marian Sanders appeals from a judgment of conviction and sentence entered on August 13, 1999, following a one-day bench trial in the United States District Court for the Southern District of New York (Richard C.…
OPINION OF THE COURT Plaintiff Barbara A.…
206 F.3d 1031 (11th Cir. 2000) Rosario DONATO, Plaintiff-Appellant,v.AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Defendant-Appellee.…
206 F.3d 1042 (11th Cir. 2000) IAL AIRCRAFT HOLDING, INC., a Florida corporation, Petitioner,v.FEDERAL AVIATION ADMINISTRATION, Respondent.…
United States v. Charles Justin Miller Page 3748
Charles Justin Miller, a federal prisoner, appeals his 78-month sentence for armed bank robbery, 18 U.S.C.…
In Re: Sealed Case Page 3749
Opinion for the Court filed by Circuit Judge ROGERS.…
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
OPINION Plaintiff-Appellee Latana Slayton sued Defendant-Appellant Ohio Department of Youth Services (“DYS”), asserting that it violated her right to be free from gender discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
207 F.3d 1119 (9th Cir. 2000) JEFFREY HUNTER MENDLER, dba Jeffrey Hunter, Plaintiff-Appellant,v.WINTERLAND PRODUCTION, LTD., a California Corporation; SAN DIEGO YACHT CLUB, a California Corporation, Defendants-Appellees.…
We must decide whether a district court’s lack of subject matter jurisdiction precludes it from awarding costs and attorneys’ fees against a plaintiff alleging a cause of action under the Employee Retirement Income Security Act.…
Opinion for the Special Court filed PER CURIAM.…
Norma Antonia Jacinto and Ronald Garcia v. Immigration and Naturalization Service, Opinion Page 3757
Dissenting: I respectfully disagree with the majority opinion’s conclusions (1) that Jacinto did not receive a full and fair hearing, (2) that the immigration judges failed in their responsibilities, (3) that Jacinto did not understand her rights with respect to the hearing procedure, (4) that she was denied a…
207 F.3d 1107 (9th Cir. 2000) GUSTAVO TECUN-FLORIAN, Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.…
This case involves a claim by the plaintiff — the appellant in this court — that his status as a commissioned officer in the Rhode Island Army National Guard was wrongfully terminated.…
United States v. Dumas Page 3760
Appellant Roland Marshall Dumas was convicted in a jury trial of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C.…
Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge KING and Judge COPENHAVER joined.…
206 F.3d 404 (4th Cir. 2000) FIRST VIRGINIA BANKS, INCORPORATED, Plaintiff-Appellant,v.BP EXPLORATION & OIL, INCORPORATED; STANDARD OIL COMPANY; BP AMERICA, INCORPORATED, Defendants-Appellees.…
Ronald Romandine v. United States Page 3766
Ronald Romandine is a prisoner of Wisconsin, serving time for racketeering and theft offenses.…
Rixson Merle Perry v. John Sullivan Page 3767
Two years and a month after a traffic accident that caused the plaintiff, Rixson Perry, to incur some legal difficulty, he filed a one-count lawsuit claiming that a false arrest violated his civil rights.…
The appeal by Ferdinand Pickett, plaintiff in the district court, presents us with an issue concerning copyright in derivative works, while the cross-appeal, by the defendant, presents a procedural issue.…
United States v. Angeles-Mascote Page 3774
Following a guilty plea, the district court convicted Jose Manuel Angeles-Mascóte (“Angeles-Mascóte”) of illegal re-entry after deportation in violation of 8 U.S.C.…
James Newton filed this complaint in diversity, claiming that he suffered injuries because Ryder Transportation Services, Inc., negligently failed to complete certain mechanical repairs to a truck that it leased to Mr. Newton’s employer and negligently failed to replace the truck’s defective seat belt.…
Video Trax, Inc. v. Nationsbank, N.A. Page 3777
The facts and procedural history of this case are set out in the district court’s opinion reported at 33 F.Supp.2d 1041 (S.D.Fla.1998).…
Petitioner-Appellant Scott Adeline appeals from a judgment of the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) dismissing, as time barred, his petition for a writ of habeas corpus.…
Songbyrd, Inc. v. Estate of Albert B. Grossman, Doing Business as Bearsville Records, Inc. Page 3779
This appeal concerns a congeries of issues relating to (1) the procedure to be followed in challenging a district court’s transfer order, (2)-the existence of personal jurisdiction, and (3) the accrual of a cause of action under New York law for wrongful possession of a chattel.…
Kevin Smith appeals from the March 26, 1999, judgment of the United States District Court for the Eastern District of New York (Raymond J.…
Defendants-Appellants-Cross-Appellees Donald L.…
205 F.3d 1369 (Fed. Cir. 2000) CYPRUS AMAX COAL COMPANY, CYPRUS WESTERN COAL COMPANY, MOUNTAIN COAL COMPANY, THUNDER BASIN COAL COMPANY, CONSOL OF KENTUCKY INC., CONSOL PENNSYLVANIA COAL COMPANY, CONSOLIDATION COAL COMPANY, GARDEN CREEK POCAHONTAS COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY, MCELROY…
Leamon White appeals the denial of his petition for a writ of habeas corpus.…
205 F.3d 657 (3rd Cir. 2000) UNITED STATES OF AMERICA,v.UNIVERSAL REHABILITATION SERVICES (PA), INC., Appellant in No. 97-1412UNITED STATES OF AMERICA,v.ATTILA HORVATH, Appellant in No. 97-1413 Cross-Appellee in No. 97-1467 Not a party to the En Banc ProceedingUNITED STATES OF AMERICAv.RICHARD J.…
United States v. William F. Helbling Page 3829
OPINION OF THE COURT William F. Helbling appeals from his conviction and sentence.…
Reed v. Heil Company Page 3830
This appeal involves the limits on federal jurisdiction imposed by 28 U.S.C.…
Section 509 of the Communications Decency Privacy Act of 1996, Pub.L.…
206 F.3d 810 (8th Cir. 2000) DEBORAH WILSON, PLAINTIFF/APPELLANT,HENRIETTA HOLLY, PLAINTIFF,v.RENTAL RESEARCH SERVICES, INC., A MINNESOTA CORPORATION, DEFENDANT/APPELLEE.FEDERAL TRADE COMMISSION, AMICUS ON BEHALF OF APPELLANT,THE FIRST AMERICAN FINANCIAL CORPORATION; ASSOCIATED CREDIT BUREAUS, INC., AMICI ON BEHALF OF…
O’Reilly Automotive, Inc., (O’Reilly) appeals the district court’s order granting summary judgment to Gary A.…
United States v. Gerald R. Carroll Page 3836
Gerald Carroll was convicted by a jury of armed robbery of a federally insured credit union and a related firearms charge, and was sentenced by the District Court to life in prison plus twenty years.…
United States v. Wahid Shukri Page 3867
Wahid Shukri was arrested and convicted for his participation in a string of cartage thefts.…
United States v. Michael J. Tomasino Page 3868
dissenting. Our case arises from the interaction of decisions by two policy-making bodies.…
United States v. Lisa W. Corry Page 3869
206 F.3d 748 (7th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,v.LISA W.…
ON. PETITION FOR PANEL REHEARING AND REHEARING EN BANC.…
Aguillard v. McGowen Page 3884
Appellants Joseph K. McGowen (“McGowen”) and Harris County, Texas (“the County”) appeal from a jury verdict holding them liable for the wrongful death of Susan Harrison White (“White”) pursuant to 42 U.S.C.…
United States v. Landeros-Mendez Page 3885
I. INTRODUCTION Defendant-Appellant Jose Alfredo Landeros-Mendez appeals his conviction on one count of illegal reentry by an alien previously deported or removed 1 and one count of unlawful firearm possession.…
In Re Federal Communications Commission Page 3970
The Federal Communications Commission has petitioned this Court for a writ of mandamus to the United States Bankrupt *138 cy Court for the Southern District of New York (Adlai S.…
206 F.3d 1070 (11th Cir. 2000) Emily ADLER, individually; on behalf of herself and all persons similarly situated, Seth Finck, individually; on behalf of himself and all persons similarly situated, et al., Plaintiffs-Appellants,v.DUVAL COUNTY SCHOOL BOARD, Duval County Public School District…
The United States Department of Education (“Education”), United Student Aid Funds, Inc. (“USAF”) and Regional Adjustment Bureau, Inc. (“RAB”) (collectively, the “Creditors”) appeal the district court’s order rejecting the report and recommendation of the magistrate judge, denying their motions for summary judgment…
OPINION James L. Pouillon was arrested by Owosso, Michigan city police while protesting on public property against abortion.…
United States v. Robert Kye Sturdy Page 3979
On April 24, 1998, a jury convicted Robert Kye Sturdy (“Sturdy”) of possession with intent to distribute methamphetamine, possession with the intent to distribute marijuana, carrying a firearm during and in relation to a drug trafficking offense, and possession of a firearm as a previously convicted felon.…
Canada Life Assurance Company (Canada Life) appeals from an order granting summary judgment in favor of Eugene Herring in this action under § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.…
United States of America v. Kevin Taylor Page 3981
A jury convicted Kevin. Taylor of possession with intent to distribute cocaine base, in violation of 21 U.S.C.…
Robert MacDonald v. Howard Safir Page 3982
Robert MacDonald 2 brought this suit under 42 U.S.C.…
This is one of several appeals before this panel relating to the Exxon Valdez oil spill litigation.…
United States v. Deborah Jean Ross Page 3985
Deborah Jean Ross appeals from her conviction for misappropriation of postal funds in violation of 18 U.S.C.…
208 F.3d 1160 (9th Cir. 2000) UNITED STATES OF AMERICA,v.Plaintiff-Appellee, SERGIO ARTURO VILLA-GONZALEZ,aka Manuel Ozuna-Lopez Defendant-Appellant.…
207 F.3d 623 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ISIDRO GOMEZ-LEPE, OPINION Defendant-Appellant.…
207 F.3d 632 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.RODERICK LOREN WETCHIE ,OPINION Defendant-Appellant.…
207 F.3d 599 (9th Cir. 2000) JENNIFER L. PASSANTINO, and the marital community; CHARLES PASSANTINO, and the marital community, Plaintiffs-Appellees-Cross-Appellants,v.JOHNSON & JOHNSON CONSUMER PRODUCTS, INC., dba Customer Support Center, Defendant-Appellant-Cross-Appellee.UNITED STATES OF AMERICA, Intervenor.…
Harris v. Wal-Mart Stores, Inc. Page 4052
In this diversity case, Plaintiff-Appellant Mary Louise Harris (“Harris”) appeals the district court’s grant of summary judgment to Defendant-Appellee Wal-Mart Stores, Inc. (“Wal-Mart”) on the basis that workers compensation is her exclusive remedy and thus bars her torts claim.…
Soria v. Johnson Page 4053
Petitioner Juan Soria (Soria), convicted of capital murder in Texas and sentenced to death, requests from this Court a Certificate of Appealability (COA) pursuant to 28 U.S.C.…
Mincey v. Turpin Page 4092
In this case, Petitioner Terry Mincey seeks a writ of habeas corpus vacating his convictions for murder, aggravated battery, and armed robbery, and, alternatively, setting aside the death sentence he received for the murder.…
This case presents the question of whether a federal court has jurisdiction to adjudicate a union’s declaratory judgment claim, premised on the federal question statute, 28 U.S.C.…
This controversy arises from an August 20, 1992, auction by the Bureau of Land Management (“BLM”) of a potassium lease on 5,280 acres of federal land in New Mexico.…
OPINION Petitioner, Jerry W. Parker, appeals the Federal Highway Administration’s (“FHWA”) decision to deny him a license to drive commercial trucks in interstate commerce because he suffers from monocular vision and is missing part of his left arm.…
Elbert Welch v. Jim Galie Page 4097
Plaintiff Elbert Welch moves for in for-ma pauperis status and assignment of counsel in his appeal from a judgment of the United States District Court for the *131 Northern District of New York (Thomas J.…
DeBoer v. Pennington Page 4100
concurring in part and dissenting in part: I concur fully in that part of Judge Takasugi’s opinion which holds that the Bellingham defendants are not entitled to qualified immunity with regard to De-Boer’s Fourth Amendment claims.1 My disagreement with the majority is over DeBoer’s due process claim.…
Simon v. Value Behavioral Health, Inc. Page 4101
Appellant Stephen Simon appeals the district court’s dismissal of his civil suit against approximately 1,600 defendants in the health insurance industry.…
United States v. Larry M. Lilly Page 4108
In 1993, Larry M. Lilly was convicted of securities fraud and tax evasion.…
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
Opinion for the Court filed by Chief Judge HARRY T.…
United Transportation Union v. Foster Page 4117
This appeal raises the issue of whether federal law preempts three Louisiana railroad transportation laws.…
206 F.3d 202 (2nd Cir. 2000) AUSA Life Insurance Company, Bankers United Life Assurance Company, Crown Life Insurance Company, General Services Life Insurance Company, Life Investors Insurance Company of America, Modern Woodmen of America, Monumental Life Insurance Company, The Mutual Life Insurance Company of New…
HILL, Senior Circuit Judge: This is an appeal from the grant by the district court 1 of appellee The Huntsman Corporation’s (Huntsman) (1) motion for partial summary judgment dismissing as time barred appellant James Scott Wesson’s (Wesson) claim under the Age Discrimination and Employment Act of 1967 (ADEA) and (2)…
Jang v. United Technologies Corp. Page 4123
This appeal concerns whether res judi-cata 1 bars Appellant Kenneth Jang’s suit against Appellee United Technologies Corporation (UTC), d/b/a Pratt & Whitney, for violation of the Americans with Disabilities Act (ADA), 42 U.S.C.…
Jackson v. Pinckney Page 4124
These § 1983 civil rights actions allege that three Atlanta police officers conducted an illegal investigatory stop and used excessive force during that stop.…
OPINION Plaintiff, Brown-Graves Company (“Brown-Graves”), appeals the judgment and award of attorneys’ fees for defendants, Central States Southeast and Southwest Areas Pension Fund (“Central States”), in this Employee Retirement Income Security Act (“ERISA”) case in which the district court determined that…
Opinion by Judge FLETCHER; Dissent by Judge THOMAS.…
Opinion by Judge PREGERSON; Dissent by Judge SNEED.…
207 F.3d 566 (9th Cir. 2000) In re: GALE PALMER; JULIE A.…
DeGrassi v. City of Glendora Page 4270
Christine DeGrassi was a member of the Glendora City Council (the Council).…
Dufrene v. Browning-Ferris, Inc. Page 4271
For the summary judgment awarded Browning-Ferris, Inc. (BFI), on the basis that overtime paid its day-rate employees is not violative of the Fair Labor Standards Act, 29 U.S.C.…
The overtime, based on a day-rate, paid by Dr. Pepper Bottling Company of Texas to employees, who claimed compensation on an hourly basis, having been found violative of the Fair Labor Standards Act, 29 U.S.C.…
Thorn and Curran brought suit against Sundstrand Corporation under the Age Discrimination in Employment Act, 29 U.S.C.…
United States v. Amachi Isienyi Page 4280
Amachi Isienyi pled guilty to knowingly and intentionally importing 842 grams of mixtures containing heroin in violation of 21 U.S.C.…
Judy K. Powers suffers pain from several physical ailments, which forced her to quit her job in housekeeping at an Indiana state-operated mental health facility.…
206 F.3d 685 (6th Cir. 2000) LORRIE ANN HORNER, BY AND THROUGH HER FATHER NFR HASKEL HORNER; JENNIFER BAKER, BY AND THROUGH HER FATHER NFR DOUGLAS BAKER; JULIANA BROWN, BY AND THROUGH HER FATHER NFR MICHAEL BROWN; ANGELLA CHAFFIN, BY AND THROUGH HER FATHER NFR DALE CHAFFIN; TRACY DOTSON, BY AND THROUGH HER FATHER NFR…
Appellant Central State Transit & Leasing Corporation appeals the amount of damages awarded to it in the district court’s judgment against Appellee Jones Boat Yard.…
207 F.3d 276 (5th Cir. 2000) DANIEL D. MCINNIS, Plaintiff-Appellant,v.ALAMO COMMUNITY COLLEGE DISTRICT, Defendant-Appellee.…
Hidalgo v. Excel Corporation Page 4295
Plaintiff-Appellant, Mr. Sabino Hidalgo, suffered grievous injuries to his arm while cleaning a screw conveyor at the Excel meat packing plant in Fort Morgan, Colorado.…
The United States District Court for the District of Connecticut denied Jeneric/Pentron, Inc.’s (Jeneric’s) motion for a preliminary injunction against Dillon Company, Inc. and Chemichl, Inc. (collectively, Dillon).…
Seamons v. Snow Page 4298
This case arises out of the locker-room assault of a high school football player, Brian Seamons, by several of his teammates.…
The government appeals the May 3, 1999 judgment of the United States District Court for the Southern District of New York (Harold Baer, Jr., Judge), re-sentencing defendant-appellee Jose Alfredo Martinez (“Martinez”) to 94 months’ *135 incarceration, 1 following remand by another panel of this Court.…
United States v. Marvin Lee Hardeman Page 4300
Marvin Lee Hardeman appeals his conviction of distribution of cocaine, possession with the intent to distribute cocaine, and conspiracy to distribute cocaine in violation of 21 U.S.C.…
DeMando v. Morris Page 4302
Susan DeMando appeals the district court’s grant of summary judgment in favor of defendant Capital One Bank.…
207 F.3d 650 (9th Cir. 2000) GARRISON S. JOHNSON, Petitioner-Appellant,v.STATE OF CALIFORNIA; JAMES H.…
206 F.3d 938 (9th Cir. 2000) JED ARNO BLAIR, PLAINTIFF-APPELLANT,v.CITY OF POMONA, A MUNICIPAL CORP.; CHARLES HEILMAN, INDIVIDUALLY & IN HIS OFFICIAL CAPACITY, DEFENDANTS-APPELLEES.…
United States v. Adan Salazar-Robles Page 4306
207 F.3d 648 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ADAN SALAZAR-ROBLES, Defendant-Appellant.…
On April 2, 1998, Defendants-Appellants James Bragg (“Bragg”), Chance Gaines (“Gaines”) and Buddy Frazier (“Frazier”) were charged in a sixteen-count indictment with violations of both the Clean Air Act and the Social Security Act.…
Donald Rehling appeals the district court’s grant of partial summary judgment 1 to the City of Chicago (the “City”), alleging that the district court erred in determining that there was no genuine dispute as to whether the City offered Rehling a reasonable accommodation 2 under the Americans With Disabilities Act…
On July 22, 1998, Howard Young Medical Center, Inc. (Howard Young), a 99-bed hospital located in Woodruff, Wisconsin, appealed the Secretary of Health and Human Services’ (Secretary) decision that it was not a sole community hospital.…
Tuhran A. Lear v. Roger D. Cowan, Warden Page 4331
207 F.3d 886 (7th Cir. 2000) Tuhran A. LEAR, Petitioner-Appellant,v.Roger D.…
208 F.3d 18 (2nd Cir. 2000) SHEET METAL DIVISION OF CAPITOL DISTRICT SHEET METAL, ROOFING & AIR CONDITIONING CONTRACTORS ASSOCIATION, INC.; THE ASSOCIATED SHEET METAL AND ROOFING CONTRACTORS OF CONNECTICUT; and SHEET METAL CONTRACTORS ASSOCIATION OF NORTHERN NEW JERSEY, Plaintiffs-Appellees,v.LOCAL 38 OF THE SHEET…
207 F.3d 105 (2nd Cir. 2000) JOSEPH WALDMAN; Plaintiff-Appellant;v.VILLAGE OF KIRYAS JOEL; ABRAHAM WIEDER; JACOB MITTELMAN; SOLOMON WERTZBERGER; YUDEL KAHAN; MENDEL SCHWIMMER; GEDALYE SZEGEDIN, in their official and individual capacities; Defendants-Appellees;MAYER HIRSCH; KIRYAS JOEL HOUSING AUTHORITY; MOSES NEUMAN…
Defendant Derby Unified School District # 260 is a school district in Sedgwick County, Kansas, responsible for operating Derby Middle and High Schools.…
OPINION OF THE COURT I. INTRODUCTION This matter is before this court on an appeal from an order denying defendant ARCO Chemical Company’s (“ARCO”) motion for judgment as a matter of law, or in the alternative, for a new trial, or in the alternative, for a remittitur, entered on June 30, 1998, in this employment…
*211 OPINION OF THE COURT Jacqueline Watson filed this sex and disability-diserimination action against her former employer, the Southeastern Pennsylvania Transportation Authority (“SEPTA”).…
209 F.3d 252 (3rd Cir. 2000) FOLGER ADAM SECURITY, INC.v.DEMATTEIS/MACGREGOR, JV; INSURANCE COMPANY OF NORTH AMERICA; FIDELITY & DEPOSIT COMPANY OF MARYLAND; SWISS REINSURANCE AMERICA CORPORATION, formerly know as North American Reinsurance CorporationDeMatteis/MacGregor, JV; Insurance Company of North America…
OPINION OF THE COURT The first of the issues raised in appellant Jerry Mason’s (“Mason”) appeal — whether a state court’s inordinate delay of four years in processing a petition for collateral relief under Pennsylvania’s Post Conviction Relief Act, 42 Pa.…
OPINION Randal Crocker charges that the United States Postal Service refused to hire him due to his disability, in violation of the Rehabilitation Act of 1973.…
Daniel C. Greer v. United States Page 4351
OPINION The United States appeals the district court’s grant of summary judgment in favor of plaintiff-appellee Daniel C.…
James L. Billinger petitions for review of the final decision of the Merit Systems Protection Board reversing the administrative judge’s (“AJ’s”) initial decision, which had reversed the Office of Personnel Management’s (“OPM’s”) decision to deny Billinger’s request that his unused sick leave be credited in his Civil…
208 F.3d 153 (3rd Cir. 2000) LAWRENCE LINES, Appellantv.DAVID LARKINS, WARDEN; THE DISTRICT ATTORNEY OF THE COUNTY OF BUCKS; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA NO.…
United States v. James Carroll Beckett Page 4367
OPINION OF THE COURT Appellant James C. Beckett was found guilty of two counts each of robbery and armed robbery, in violation of 18 U.S.C.…
207 F.3d 575 (9th Cir. 2000) CALIFORNIA MEDICAL ASSOCIATION; CALIFORNIA ACADEMY OF FAMILY PHYSICIANS; CALIFORNIA SOCIETY OF ANESTHESIOLOGISTS; CALIFORNIA UROLOGICAL ASSOCIATION; CALIFORNIA CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS; CALIFORNIA CHAPTER OF THE AMERICAN COLLEGE OF CARDIOLOGY; CALIFORNIA…
207 F.3d 569 (9th Cir. 2000) UNITED STATES OF AMERICA,Plaintiff-Appellant,v.JAMIE JOHN HAGBERG, OPINION Defendant-Appellee.…
United States v. Timothy S. Jocic Page 4374
Timothy Jocic is appealing his conviction for armed bank robbery in violation of 18 U.S.C.…
Toby Chavez, arrested for possession of marijuana with intent to deliver, was held in the Henry County jail from May 1996 until May 1997 when he pled guilty to the charge.…
United States v. Matthew Poole Page 4376
Matthew Poole was convicted in the district court of five counts of knowingly making false statements in connection with the purchase of firearms.…
207 F.3d 473 (8th Cir. 2000) DOUGLAS COUNTY BANK & TRUST CO., APPELLANT,v.UNITED FINANCIAL INCORPORATED, APPELLEE.…
Donald R. Smith v. United States Page 4446
Donald R. Smith pleaded guilty to conspiracy to manufacture methamphetamine in violation of 21 U.S.C.…
Eldredge v. Martin Marietta Corp. Page 4452
George Eldredge, Janie Eldredge Lan-guirand, and Hartwell Languirand (collectively “Appellants”) appeal the district court’s orders granting partial summary judgment to Martin Marietta Materials, Inc. (“Martin Marietta”), and Luhr Brothers, Inc. (“Luhr”), and granting summary judgment to Dravo Basic Materials, Inc.…
Estate of Morris v. Shalala Page 4453
At issue in this case is the government’s liability for up to 30 days of skilled nursing services available under the Medicare program.…
Qualls v. Apfel Page 4478
Plaintiff appeals the denial of his April 1992 applications for disability insurance benefits and supplemental security income.…
This litigation war between two rival churches concerns copyrights to the writings, photographs, and sound recordings of Swami Paramahansa Yogananda.…
Earl Clemmons appeals the judgment of the Court of Appeals for Veterans Claims, Docket No. 97-2138, denying his application for reasonable attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C.…
206 F.3d 1300 (8th Cir. 2000) United States of America, Appellee,v.Jose Guadalupe Serrano-Sanchez, also known as Carlos Alvarez, also known as Pedro Guerro, also known as Antonio Villaescusa-Ibarra, also known as Arturo Orosco, also known as Jose Sorrano Sanchez, also known as Carlos Savala Alvarez, also known as Jose…
Lee Knowlin, a Wisconsin prisoner proceeding pro se, filed suit under 42 U.S.C.…
207 F.3d 910 (7th Cir. 2000) United States of America, Plaintiff-Appellee-Cross-Appellant,v.Harold JACKSON, Kevin Williams, Dion Lewis & Jathel Garrett, Defendants-Appellants-Cross-AppelleesandDerrick Mallett, Richard Wash, Scott Davis, James Doty, Michelle Gaines, Clarence Haywood, Cedric Parks & James A.…
United States v. Steven Hirsch Page 4499
Following a guilty plea to drug-related crimes, Steven Hirsch was sentenced to 157 months’ imprisonment.…
United States v. Julio C. Cruz-Guevara Page 4500
In July 1998, Julio Cruz-Guevara was deported from the United States as a result of a conviction for an aggravated felony.…
Alexis M. Hermon Secretary of Labor v. Local 1011, United Steelworkers of America, Afl-Cio, Clc Page 4501
Section 401(e) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.…
United States v. Mansour W. Saikaly Page 4511
207 F.3d 363 (6th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,V.MANSOUR W.…
MARTIN, C.J., delivered the opinion of the court, in which WEBER, D.J., joined.…
OPINION Brett Henderson and David Nelms pled guilty to conspiring to import cocaine in *615 violation of 21 U.S.C.…
A victim of spinal meningitis, Sean Jasa is a severely handicapped child who needs constant medical care ■ and supervision.…
United States v. Paul Brian Portmann Page 4521
Paul Brian Portmann was stopped by a Nebraska trooper for driving onto the shoulder of the interstate highway in violation of Nebraska traffic laws.…
Larry Jackson was convicted by a jury of conspiracy to distribute crack cocaine and marijuana and of distributing crack cocaine and marijuana in violation of 21 U.S.C.…
BACKGROUND Trinity Industries operates plants that manufacture and repair railcars.…
Petitioners Pool Offshore Company, the employer, and Signal Mutual Indemnity Association Limited, the compensation carrier, (collectively referred to as “Pool”) petition this court for review of the Benefits Review Board’s (“the Board”) affir-mance of the Administrative Law Judge’s (“ALJ”) award of disability benefits…
This case involves an appeal from the district court’s grant of summary judgment.…
In this case arising out of a Chapter 7 proceeding, Community Credit Union (“Community Credit”) challenges the district court’s affirmance of the bankruptcy court’s Order ruling that Community Credit does not have a valid hen on Kenneth J.…
John A. Cuoco v. United States Page 4632
Petitioner John A. Cuoco appeals from an order of the United States District Court for the Southern District of New York (Gerard L.…
207 F.3d 144 (2nd Cir. 2000) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant,v.STATEN ISLAND SAVINGS BANK, Defendant-Appellee,andGUARDIAN LIFE INSURANCE COMPANY, Defendant.EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant,v.THE CHASE MANHATTAN BANK, Defendant-Appellee,andUNUM LIFE INSURANCE…
William F. Dye appeals from the district court’s 1 denial of a writ of habeas corpus under 28 U.S.C.…
207 F.3d 480 (8th Cir. 2000) CHRISTINE SCHWIEGER, APPELLANT,v.FARM BUREAU INSURANCE COMPANY OF NEBRASKA; FARM BUREAU LIFE INSURANCE COMPANY OF WEST DES MOINES, IOWA, APPELLEES.…
R.D. Jones v. Thuworn Shields Page 4636
207 F.3d 491 (8th Cir. 2000) R.D. JONES, DEFENDANT - APPELLANT,v.THUWORN SHIELDS, PLAINTIFF - APPELLEE.…
Iowa Management & Consultants, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa, Meskwaki Nation Page 4637
207 F.3d 488 (8th Cir. 2000) IOWA MANAGEMENT & CONSULTANTS, INC., APPELLANT,v.SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA, MESKWAKI NATION, APPELLEE.…
United States v. Yanez-Huerta Page 4643
Defendant pleaded guilty to illegal reentry as a deported alien in violation of 8 U.S.C.…
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES.…
207 F.3d 818 (6th Cir. 2000) TRUDY WILSON-SIMMONS, PLAINTIFF-APPELLANT,JOSEPH R.…
Plaintiffs Robert Jordan, David Iho, Patrick Reardon and Bill Sercombe appeal from the order entered by the district court approving a settlement of Plaintiffs’ ERISA class action suit brought against Defendants, the Michigan Conference of Teamsters Welfare Fund, et al., 1 wherein the court found that any remittance…
United States v. Cynthia Whitman Page 4650
OPINION On April 26, 1999, Cynthia Whitman pled guilty to one count of bank embezzlement in violation of 18 U.S.C.…
This case involves an action for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).…
The United States cross-appeals Frederick Lamar Hamilton’s sentence, 2 challeng *1167 ing the district court’s refusal to enhance Hamilton’s sentence under 21 U.S.C.…
National Union Fire Insurance Company of Pittsburgh (“National Union”) appeals the district court’s entry of summary judgment in favor of Jack Webb, Special Deputy Receiver for American Eagle Insurance Company (“American Eagle”).…
Nelson v. McMullen Page 4663
This case presents a bizarre and unique set of circumstances.…
Concord Boat Corp. v. Brunswick Corp. Page 4673
A number of boat builders 2 brought this antitrust action against stern drive engine manufacturer Brunswick Corporation (Brunswick) for violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C.…
United States v. Rafael J. Felici Page 4676
Following our decision affirming his conviction for various methamphetamine-related felony offenses and our subsequent denial of his application for postconviction relief, Rafael J.…
United States v. Samuel Sterling Shepard Page 4677
Samuel Sterling Shepard was convicted on his plea of guilty to being a felon in possession of a firearm.…
206 F.3d 47 (D.C. Cir. 2000) Exxon Corporation, et al.,Petitionersv.Federal Energy Regulatory Commission, RespondentConsolidated Edison Company of New York, Inc., et al., Intervenors No. 97-1092 United States Court of AppealsFOR THE DISTRICT OF COLUMBIA CIRCUIT Argued January 13, 2000Decided March 24, 2000 On Petition…
Kidd v. District of Columbia Page 4684
206 F.3d 35 (D.C. Cir. 2000) Patricia Kidd, Appellantv.District of Columbia, et al., Appellees No. 98-7075, No. 98-7100 United States Court of AppealsFOR THE DISTRICT OF COLUMBIA COURT Argued January 10, 2000Decided March 24, 2000 Appeals from the United States District Court for the District of Columbia(No.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Opinion for the Court filed by Circuit Judge ROGERS.…
United States v. Weston, Russell Page 4687
Opinion for the court filed PER CURIAM. Circuit Judge KAREN LeCRAFT HENDERSON filed a separate concurring opinion.…
Reversed and remanded by published opinion.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge TRAXLER joined.…
OPINION OF THE COURT These consolidated appeals require that we clarify our position with respect to the scope of the District Court’s authority to remand, sua sponte, cases removed to the federal courts pursuant to the Federal Removal Statute, 28 U.S.C.…
This appeal requires us to determine the scope of nondischargeability of tax debts under 11 U.S.C.…
In this appeal, the parties ask us to decide whether a senior creditor may trace and recapture funds paid by a bank to a judgment creditor (pursuant to a writ of *1399 garnishment) before the senior creditor declared the debtor in default.…
206 F.3d 1378 (11th Cir. 2000) Stuart J. McGREGOR Receiver-Appellee,United States Federal Trade Commission, Plaintiff-Appellee,v.Teri CHIERICO, Michael Chierico, et al., Defendants-Appellants,William Bethell, et al., Defendants.United States Federal Trade Commission, Plaintiff-Appellee,v.Teri Chierico, Michael…
United States v. Stewart Page 4859
Defendant-Appellant Bobby Stewart has appealed the denial of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C.…
concurring in part and dissenting in part.…
ON PETITIONS FOR REHEARING AND SUGGESTIONS OF REHEARING EN BANC Before CARNES, Circuit Judge, and RONEY and HILL, Senior Circuit Judges.…
Chase Automotive Finance, Inc., an auto lender, thought it had secured a reaffirmation agreement with Chapter 7 debtors for their Cadillac.…
This appeal primarily concerns the issue of whether a defendant’s perjury before a grand jury was “in respect to a criminal offense” for purposes of the sentencing enhancement required by section 2J1.3(c)(l) of the Sentencing Guidelines.…
St. Pierre v. Dyer Page 5034
Plaintiff pro se Andre St. Pierre, who was represented by counsel in the district court, appeals from so much of a judgment of the United States District Court for the Northern District of New York, David R.…
We decide here whether the plaintiff-employee in a defamation lawsuit against his employer may proceed to discovery even though the defendant-employer has a qualified privilege to share evidence of the employee’s wrongdoing with law enforcement.…
207 F.3d 458 (8th Cir. 2000) United States of America, Plaintiff-Appellee,v.Any and all Radio Station Transmission Equipment; Radio Frequency Power Amplifiers, Radio Frequency Test Equipment, and any other equipment associated with or used in connection with the transmission at 97.7 MHZ, located AT 1400 Laurel Avenue…
Luis Alfonso Guzman-Landeros pleaded guilty to being found in the United States without the Attorney General’s consent, having previously been deported, in violation of 8 U.S.C.…
Stutsman County State Bank, Jamestown, North Dakota v. Federal Deposit Insurance Corporation Page 5056
Stutsman County State Bank (Stuts-man) petitions for review of a decision and order issued by the Federal Deposit Insurance Corporation (FDIC) Board of Directors (Board) ordering Stutsman to reimburse credit card holders for failing to disclose a processing fee, in violation of the Truth in Lending Act (TILA), 15…
207 F.3d 515 (8th Cir. 2000) DAVID DEWAYNE JOHNSON, APPELLANT,V.LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, APPELLEE.…
United States v. Marcus Kinte Landfair Page 5060
207 F.3d 521 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,V.MARCUS KINTE LANDFAIR, APPELLANT.…
CONTIE, J., delivered the opinion of the court, in which KEITH, J., joined.…
David L. Hyatt v. United States Page 5063
OPINION David L. Hyatt appeals the district court’s denial of his motion pursuant to 28 U.S.C.…
MOORE, J., delivered the opinion of the court, in which MERRITT, J., joined.…
Petitioner Oscar A. Socop-Gonzalez was given incorrect information by an INS officer regarding the appropriate procedures for legalizing his immigration status.…
207 F.3d 584 (9th Cir. 2000) BENITO EUSEBIO CHANCHAVAC, Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.…
United States v. Ernesto Ibarra-Galindo Page 5067
206 F.3d 1337 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ERNESTO IBARRA-GALINDO, Defendant-Appellant.…
Ricardo Torres-Galindo and Ricardo L. Guilbe-Sánchez appeal their convictions for the carjacking of Jeanette Carmona-Hernández, which resulted in her death, and for the use of a firearm in a crime of violence.…
This matter requires us to explore the complex web of considerations that envelops the interrelationship between federal courts and.…
Widespread bribery, kickbacks, and other fraud infected the operations of the American Honda Motor Company from the 1970s to the early 1990s.…
Iqbal Mathur convinced a jury that the Board of Trustees of Southern Illinois University (SIU) retaliated against him for filing suit alleging discrimination on account of his race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
207 F.3d 945 (7th Cir. 2000) Melinda Erickson, Plaintiff-Appellee,United States of America, Intervenor,v.Board of Governors of State Colleges and Universities for Northeastern Illinois University, Defendant-Appellant.…
Krummel v. Bombardier Corp. Page 5107
206 F.3d 548 (5th Cir. 2000) PATRICIA KRUMMEL, wife of/and; ROBERT KRUMMEL, Plaintiffs-Appellees,v.BOMBARDIER CORPORATION; BOMBARDIER, INC., Defendants-Appellants.…
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ORMET PRIMARY ALUMINUM CORPORATION, a/k/a Ormet Corporation, Plaintiff-Appellant, v. OHIO POWER COMPANY; AMERICAN ELECTRIC POWER COMPANY, INCORPORATED; AMERICAN ELECTRIC POWER SERVICE CORPORATION; JOHN M.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.…
Dodson v. Huff (In Re Smyth) Page 5110
W. Patrick Dodson appeals the order of the district court affirming the bankruptcy court’s Final Decree.…
Clearstream Wastewater Systems, Inc. And Jerry L. McKinney v. Hydro-Action, Inc. And T. Gig Drewery Page 5111
The United States District Court for the Southern District of Texas granted summary judgment of non-infringement of U.S. Patent No. 5,221,470 (“the ’470 patent”) against, Clearstream Wastewater Systems, Inc. and Jerry L.…
This is an appeal from the denial of a writ of habeas corpus.…
United States v. Eric Arthur Walton, United States of America v. Eldridge Mayfield, A/K/A Sippy Page 5115
207 F.3d 694 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ERIC ARTHUR WALTON, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ELDRIDGE MAYFIELD, a/k/a Sippy, Defendant-Appellant.…
Dismissed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge LUTTIG and Judge DIANA GRIBBON MOTZ joined.…
Sherman'Walker appeals from the May 18, 1998, judgment of the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) dismissing his petition for a writ of habeas corpus.…
United States v. Curtis Moore Page 5119
Defendant-appellant Curtis Moore appeals from an August 27, 1999 order of the United States District Court for the District of Connecticut (Robert N.…
John M. Purdy, Jr. v. United States Page 5120
John M. Purdy, Jr., has moved for a certificate of appealability in order to appeal from a July 27, 1999 judgment of the United States District Court for the District of Connecticut (Alfred V.…
Plaintiff-appellant Craig P. Nadel (“Na-del”) brought this action against defendant-appellee Play-By-Play Toys & Novelties, Inc. (“Play-By-Play”) for breach of contract, quasi contract, and unfair competition.…
Opinion for the Court filed by Circuit Judge GARLAND.…
207 F.3d 526 (8th Cir. 2000) BURLINGTON NORTHERN RAILROAD COMPANY, APPELLEE,v.FARMERS UNION OIL COMPANY OF ROLLA, A CORPORATION, APPELLANT.…
207 F.3d 535 (8th Cir. 2000) GENE KIMBRELL, D/B/A GENE KIMBRELL'S BODY SHOP, INC., APPELLEE,v.UNION STANDARD INSURANCE COMPANY, APPELLANT.…
In Re: Martha M. Bernal, Debtor. Educational Credit Management Corporation v. Martha M. Bernal Page 5137
207 F.3d 595 (9th Cir. 2000) In re: MARTHA M.…
This case requires us to decide whether the res judicata effect of a prior arbitration award on a subsequent arbitration is an issue to be determined by an arbitrator or by the court.…
IMS Technology, Inc. (“IMS”) appeals from the decision of the United States District Court for the Eastern District of Virginia.…
207 F.3d 523 (8th Cir. 2000) MIRIAM DENNIS, APPELLEE,v.DILLARD DEPARTMENT STORES, INC., APPELLANT.…
207 F.3d 969 (7th Cir. 2000) Michael Bonds, Plaintiff-Appellant,v.Milwaukee County, Karen Ordinans, William Hart and Thomas Kuzma, Defendants-Appellees.…
United States v. Arriel S. Williams Page 5147
On February 18, 1998, during a routine traffic stop and search, Arriel Williams was arrested for possession of crack-cocaine.…
Statutes of limitations for collateral relief in federal court are part of the Antiter-rorism and Effective Death Penalty Act.…
United States v. Ricky Morrison Page 5149
Ricky Morrison was convicted in district court of manufacturing methamphetamine.…
Petitioner, J. Andrew Lange, Inc. (Lange), petitions for review of a final decision of the Federal Aviation Administration (FAA) pursuant to 49 U.S.C.…
Opinion for the Court filed by Circuit Judge GINSBURG.…
Opinion for the Court filed by Circuit Judge GARLAND.…
Spivey v. Turpin Page 5157
Ronald Keith Spivey, convicted of murder, kidnaping, armed robbery, and aggra*1268vated assault in the state courts of Georgia and sentenced to death, appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
Heirs Of H P Guerra v. United States Page 5160
This is a saga from the border, worthy of the creativity of Cormac McCarthy.…
Molo v. Johnson Page 5161
The district court dismissed Orin Lee Molo’s habeas petition as time-barred.…
207 F.3d 668 (3rd Cir. 2000) THOMAS A. CALLAHAN, IV, Appellantv.CITY OF PHILADELPHIA, RISK MANAGEMENT; COMMONWEALTH OF PENNSYLVANIA, WARRANT DIVISION OF THE FIRST JUDICIAL DISTRICT; COMMONWEALTH OF PENNSYLVANIA, MUNICIPAL COURT EVICTION UNIT; RICHARD ZIA No. 99-1816 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT…
This appeal arises from a dispute about entitlement to insurance proceeds and attorney’s fees.…
Nolin v. Isbell Page 5164
Appellee Nathan Nolin filed a complaint against Appellant Officer Christopher Is-bell and other defendants not involved in this appeal.…
Robert Eugene Lamb, James Morris Lofton, Robert C.…
Brown v. Bunge Corporation Page 5166
Douglas Brown, the plaintiff/appellant, filed suit against Bunge Corporation (Bunge) alleging discrimination on the basis of his age in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C.…
Stafford v. United States Page 5167
Van Stafford appeals the district court’s sua sponte order dismissing his action for injunctive relief with prejudice as “baseless as a matter of law.” 1 R.…
ORDER Upon the vote of a majority of nonre-cused active judges of this court, it is ordered that this case be reheard by the en banc court, pursuant to Circuit Rule 35-3.…
ORDER The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this court, and no judge of this court having requested a vote on the suggestion for rehearing en banc, the petition for rehearing has…
OPINION OF THE COURT Robin Chamberlain appeals from the dismissal of her medical malpractice complaint filed in the United States District Court of New Jersey.…
CLAY, J., announced the judgment of the court and delivered an opinion, in which JONES and COLE, JJ., concurred except as to Part II.B.l.…
United States v. Jack Brent Crace Page 5218
OPINION Defendant, Jack Brent Crace, appeals the district court’s decision to revoke his supervised release and impose an additional prison sentence after determining that the defendant violated the terms of his supervised release by producing a urine specimen which tested positive for cocaine.…
Sigman v. United States Page 5219
On June 20, 1994, less than one month after his honorable discharge from the United States Air Force, Dean Mellberg entered Fairchild Air Force Base near Spokane, Washington and opened fire, killing 4 people and wounding 28 others.…
United States v. Robert Michael Standard Page 5220
Robert Michael Standard was convicted of, inter alia, subscribing to a false tax return.…
Loyd v. Paine Webber, Inc. Page 5221
Janice D. Loyd, trustee and liquidator of First Assurance Casualty Co., Ltd., appeals the district court’s dismissal of her complaint against the company’s former law firm, Aguilar & Sebastinelli.…
Howard v. America Online Inc. Page 5222
Plaintiffs Alan M. Howard, R. Boris Greenberg, Kathryn Paraventi and Me-rhdad Etemad (“Plaintiffs”) sued America Online, Inc., James V.…
Rob Nite, a federal prisoner, appeals pro se the district court’s summary judgment for the Securities and Exchange Commission (“SEC”) in its securities fraud action, alleging that Nite violated anti-fraud provisions of federal securities laws.…
Plaintiffs, four female former high school students, appeal the summary judgment in favor of the school district and several named school district officials in an action for damages under Title IX and 42 U.S.C.…
Four defendants, convicted of crimes related to cocaine, have received stiff sentences.…
In 1991, George Jansen (“Jansen”) was severely injured at work when a cheese blender he was cleaning began operating when he was inside of it.…
This case is before the court on a petition for review and a cross-application for enforcement of an order of the National Labor Relations Board (“NLRB” or “the Board”) requiring Cast North America (Trucking) Limited (“Cast”) to recognize and bargain with Local 299, International Brotherhood of Teamsters, AFL-CIO…
United States v. Reginald Miles Page 5240
A jury convicted Reginald Miles of attempted armed bank robbery and using a firearm during the commission of a violent crime.…
We held last year, addressing suits filed by two erisa welfare funds, plus the Blue Cross and Blue Shield associations of six states, that health insurers may not pursue direct litigation against tobacco producers.…
United States v. Ronald U. Lurie Page 5450
Appellant, Ronald U. Lurie, seeks relief from the summary dismissal of his petition for writ of habeas corpus pursuant to 28 U .S.C.…
Clendenen, Inc., the taxpayer, appeals from the Tax Court’s 1 decision upholding the Commissioner of Internal Revenue’s determination that the taxpayer’s employee stock ownership plan (ESOP) did not qualify under Internal Revenue Code (I.R.C.) § 401(a); and accordingly, that its related employee stock ownership trust…
United States v. James Stephen Hyatt Page 5452
Appellant James Stephen Hyatt (“Hyatt”) was arrested in September 1997 in Cedar Rapids, Iowa, after a confidential informant identified Hyatt as a distributor of methamphetamine, or “crank.” At the time of Hyatt’s arrest, he was in the process of injecting himself with a substance he identified as “meth” to a police…
United States v. Gilberto Alatorre Page 5453
207 F.3d 1078 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,v.GILBERTO ALATORRE, APPELLANT.…
Kenneth E. Lloyd, Appellant/cross-Appellee v. Hardin County, Iowa, Appellee/cross-Appellant Page 5455
Kenneth E. Lloyd appeals from a final order entered in the United States District Court 1 for the Northern District *1082 of Iowa granting summary judgment in favor of Hardin County, Iowa, on his claim pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C.…
Garney Companies, Inc., brought this action for an injunction, alleging that Kansas City’s waiver of its minority and women business enterprise (MBE/WBE) requirements in the bidding process for a construction contract violated federal and state law.…
207 F.3d 708 (4th Cir. 2000) GEORGE R. ("TEX") WOOD, Plaintiff-Appellant,v.BRUCE MEADOWS, Secretary of the State Board of Elections, Commonwealth of Virginia, Defendant-Appellee.…
*148 OPINION OF THE COURT This appeal raises issues concerning the extent of coverage provided by Owner’s, Landlord’s and Tenant’s Liability (OL & T) insurance policies.…
United States v. Wood Page 5475
C. Douglas Wood is a physician who, in 1998, was indicted for the first-degree murder of Virgil Dykes, a patient under his care at the Veterans Administration hospital in Muskogee, Oklahoma.…
Opinion for the court filed by Circuit Judge RADER.…
Reynolds v. Roberts Page 5621
Johnny REYNOLDS, individually on behalf of himself and as representative of a class of black employees of the Highway Department, State of Alabama, similarly situated, Plaintiff-Appellee, Cecil Parker, Robert Johnson, et al., Intervenors-Plaintiffs-Appellees, C.…
United States v. Charles H. Hudspeth Page 5625
208 F.3d 537 (6th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,V.CHARLES H.…
United States v. Steven Hudson Page 5626
OPINION The defendant, Steven Hudson, appeals his sentence, imposed upon revocation of his probation, alleging that the district court erred in sentencing him to a term of incarceration in excess of the range applicable on the original charge.…
Adam Warner Dejan v. United States Page 5627
Prior to the Supreme Court’s rulings in Bailey v. United States, 516 U.S. 137, 116 S.Ct.…
Jeffery Williams, a former Iowa inmate, appeals from the District Court’s 28 U.S.C.…
Johnnie D. Freeman v. Kenneth S. Apfel Page 5629
Johnnie D. Freeman appeals from the summary judgment the district court 1 entered against him, affirming the decision of the Commissioner of Social Security to deny him supplemental security income benefits.…
Juanita Caldwell v. Holland of Texas, Incorporated, Doing Business as Kentucky Fried Chicken Page 5630
208 F.3d 671 (8th Cir. 2000) JUANITA CALDWELL, PLAINTIFF - APPELLANT,v.HOLLAND OF TEXAS, INCORPORATED, DOING BUSINESS AS KENTUCKY FRIED CHICKEN, DEFENDANT - APPELLEE.…
Defendants Trans World Airlines, Inc., The Boeing Company, and Hydro-Aire, Inc., appeal from a decision of the United States District Court for the Southern District of New York, Robert W.…
In addition to some garden-variety issues, the appeal from this multiweek, multidefendant drug trafficking trial presents an interesting question about whether a provision in the continuing criminal enterprise statute is a mere penalty enhancement or an element of the crime.…
208 F.3d 1 (1st Cir. 2000) ASSOCIATION OF INTERNATIONAL AUTOMOBILE MANUFACTURERS, INC., DAIMLERCHRYSLER CORPORATION, FORD MOTOR COMPANY, GENERAL MOTORS CORPORATION AND MASSACHUSETTS STATE AUTOMOBILE DEALERS ASSOCIATION, INC., PLAINTIFFS, APPELLEES,v.COMMISSIONER, MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION…
This appeal involves a dispute between two interconnecting telephone companies (“carriers”) in the same local calling areas about whether modem calls placed by local customers of one carrier to the Internet Service Provider (“ISP”) customers of another carrier should be charged for as a “local” call.…
Following his involuntary retirement as a police lieutenant for the City of Gloucester, Massachusetts (“the City”), plaintiff-appellant Arthur Sheehan brought a complaint in the District Court for the District of Massachusetts pursuant to the Americans With Disabilities Act, 42 U.S.C.…
United States v. Alvin Scott Corey Page 5644
207 F.3d 84 (1st Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.ALVIN SCOTT COREY, Defendant, Appellant.…
Defendant-appellant Cesar Orlando Torres-Rosa pled guilty to a charge that he had conspired to possess, with intent to distribute, large quantities of cocaine.…
207 F.3d 43 (1st Cir. 2000) KELLEY LANGLOIS; YASMINE RIVERA; LISSETT FABIAN; ANNETTE STEWART, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARY SITUATED, and the THE MASSACHUSETTS COALITION FOR THE HOMELESS, Plaintiffs, Appellees,v.ABINGTON HOUSING AUTHORITY; AVON HOUSING AUTHORITY; BRIDGEWATER HOUSING AUTHORITY…
United States v. Bernard F. Bradstreet Page 5647
In United States v. Bradstreet, 135 F.3d 46, 58 (1st Cir.1998) (“Bradstreet I”), we vacated defendant-appellee Bernard F.…
This case involves a manufacturer that specializes in designer knock-offs or reinterpretations copying the designs of another manufacturer’s popular sweaters.…
The General Counsel of the National Labor Relations Board brought unfair labor practice charges against the Hospital San Pablo (the “Hospital”) in Bayamón, Puerto Rico, for actions the Hospital took in response to a union organizing campaign that took place in late 1996 and early 1997.…
Vacated and remanded by published opinion.…
207 F.3d 717 (4th Cir. 2000) MOORE BROTHERS COMPANY, Plaintiff-Appellee,v.BROWN & ROOT, INCORPORATED, Defendant-Appellant,andHIGHLANDS INSURANCE COMPANY, Defendant,andTOLL ROAD INVESTORS PARTNERSHIP II, L.P., Third Party Defendant.MOORE BROTHERS COMPANY, Plaintiff-Appellee,v.HIGHLANDS INSURANCE COMPANY…
208 F.3d 72 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee, v.THOMAS ZICHETTELLO, Defendant,FRANK RICHARDONE, RONALD REALE, RICHARD HARTMAN, JAMES J.…
208 F.3d 64 (2nd Cir. 2000) INTERCARGO INSURANCE COMPANY, a/s/o Express Line Corporation, Plaintiff-Appellee,v.CHINA AIRLINES, LTD., Defendant-Appellant.…
Plaintiff-appellant Anthony Mauro appeals from a judgment entered on April 16, 1999, granting summary judgment in favor of defendant-appellee Southern New -England Telecommunications, Inc. (“SNET”) on Mauro’s claims of age discrimination, public policy wrongful discharge, and breach of contract.…
Alexander v. Fulton County Page 5803
This case involves various claims of race discrimination brought by eighteen current and former Fulton County Sheriffs Department employees individually and on behalf of all similarly situated white employees of the Sheriffs Department against Fulton County, Georgia and Sheriff Jacquelyn H.…
Plaintiff sued defendants for damages incurred when his boat was damaged and defendants denied insurance coverage.…
Earl v. Mervyns, Inc. Page 5805
Appellant Debra K. Earl appeals the district court’s grant of summary judgment in favor of Appellee Mervyns, Inc., on Appellant’s claims of violations of the Americans with Disabilities Act (ADA), 42 U.S.C.…
This case arises under the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Retirement Equity Act of 1984 (“REA”).…
Martin Perez-Lastor petitions this court for review of a decision of the Board of Immigration Appeals (“BIA”).…
United States v. Vincent Webber Page 5815
OPINION Defendant Vincent Webber appeals his convictions and sentence on count one for conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C.…
Keith R. Logan v. United States Page 5816
*542 OPINION Keith Logan pled guilty in 1992 to participating in a drug conspiracy.…
OPINION The defendants-appellants James E.…
Anthony McReynolds v. Mike Kemna Page 5819
Anthony McReynolds appeals from the district court’s 1 denial of his application for a writ of habeas corpus pursuant to 28 U.S.C.…
208 F.3d 702 (8th Cir. 2000) MICHAEL CUFFLEY; KNIGHTS OF THE KU KLUX KLAN, REALM OF MISSOURI, APPELLEES/CROSS-APPELLANTS,v.JOE MICKES, IN HIS OFFICIAL CAPACITY AS CHIEF ENGINEER OF THE MISSOURI DEPARTMENT OF TRANSPORTATION; STEPHEN KNOBBE, IN HIS OFFICIAL CAPACITY AS DISTRICT ENGINEER OF MISSOURI DEPARTMENT OF…
Troynell Thomas v. Michael Bowersox Page 5822
Troynell Thomas appeals from the denial of his 28 U.S.C.…
This is a petition for habeas corpus brought by Rick Dwayne Nebinger, Sr., a prisoner in the custody of the State of Iowa.…
United States v. Larry A. Edmisten Page 5824
Larry A. Edmisten appeals the denial of his motion to suppress.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Opinion for the Court filed by Circuit Judge TATEL.…
Opinion for the Court filed by Circuit Judge ROGERS.…
Evans, Joy v. Williams, Anthony A. Page 5828
Opinion for the Court filed by Circuit Judge SILBERMAN.…
Young, Ronald D. v. WA Gas Light Co Page 5829
Opinion for the court filed by Senior Judge BUCKLEY.…
United States v. Warren Allen Dittrich Page 5830
Warren Dittrich appeals from the district court’s 1 order denying his motion for a new trial.…
Richard Walker filed this action against the Soo Line Railroad Company (“Soo Line”).…
United States v. Frederick E. Avery Page 5832
Frederick E. Avery (“Avery”) was indicted by a federal grand jury in the •Southern District of Indiana; four counts of being a felon in possession of a firearm in violation of 18 U.S.C.…
United States v. Anthony Jones, Jr. Page 5833
Anthony Jones, Jr. (“Jones”) was indicted by a federal grand jury in the Central District of Illinois for being a felon in possession of a firearm in violation of 18 U.S.C.…
United States v. Cornell R. Byrd Page 5834
Cornell Byrd appeals his conviction of assault on and interfering with federal officers, in violation of 18 U.S.C.…
Robert A. Lettman petitions for review of a Board of Immigration Appeals (“BIA”) en banc decision, dated November 5, 1998, finding him deportable under section 241(a)(2)(A)(iii) of the Immigration and Nationality Act (“INA”), 8 U.S.C.…
In re National Gypsum Co. Page 5837
208 F.3d 498 (5th Cir. 2000) In the Matter of NATIONAL GYPSUM COMPANY, Debtor,CENTURY INDEMNITY CO.; INSURANCE COMPANY OF NORTH AMERICA, Appelleesv.NATIONAL GYPSUM COMPANY SETTLEMENT TRUST; ASBESTOS CLAIMS MANAGEMENT CORPORATION, Appellants, No. 98-11116 UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 31…
United States v. Frierson Page 5866
This case concerns the procedures for involuntarily committing a federal prisoner, Michael Frierson, to a medical center for in-patient care for a mental disease.…
At the conclusion of a nine-day trial, a jury determined that defendant Babcock & Wilcox Canada (BWC) had breached a confidentiality and non-disclosure agreement that it had reached with a competitor, plaintiff Foster-Miller, Inc. (FMI).…
Harvard Pilgrim Health Care, Inc. (“HPHC”), an ERISA plan administrator, appeals from a district court judgment directing it to defray its pro rata share of the legal fees expended by plan members Michael and Wendy Harris (“the Harris-es”) in obtaining an earlier tort action settlement, part of which settlement the…
This is a petition for leave to appeal from a class certification order.…
Both physician anesthesiologists and nurse anesthetists are licensed in Minnesota to administer anesthesia during surgeries.…
concurring. While I agree that this case is controlled by Coleman, I write separately to emphasize the Hobson’s choice that a Missouri inmate in Miller’s position is forced to make.…
Diane Bailey appeals from an adverse grant of summary judgment on her sex discrimination claim, based on Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.…
In this consolidated appeal, Scott Plum-ley challenges the district court’s 1 decision to enhance his sentence and Jeremy Kaune raises various issues related to his sentence and jury trial.…
Klem v. County of Santa Clara Page 5996
This appeal arises under the Fair Labor Standards Act (FLSA), 29 U.S.C.…
Opinion by Judge D.W. NELSON; Dissent by FLETCHER.…
This petition for review presents the question, inter alia, of whether Desir v. Ilchert, 840 F.2d 723 (9th Cir.1988) was overruled sub silentio by INS v. Elias-Zacarias, 502 U.S. 478, 112 S.Ct.…
After a bench trial, defendant Rolland Coleman was convicted of armed bank robbery in violation of 18 U.S.C.…
208 F.3d 638 (7th Cir. 2000) United States of America, Plaintiff-Appellee,v.Jeff Boyd, Charles Green, Sammy Knox, Noah R.…
Clarence Richardson, a convicted felon, was charged with unlawfully possessing a firearm, 18 U.S.C.…
Club Misty, Inc., Doing Business as Tequila Roadhouse v. James Laski, Clerk of the City of Chicago Page 6017
Two licensed taverns in Chicago appeal from the district court’s dismissal of then-suit to enjoin an Illinois state statute pursuant to which the plaintiffs would have lost their licenses had they not been granted preliminary relief that continues on appeal.…
United States v. Angela L. Jackson Page 6018
This case is about a tragic waste of talent.…
Reversed and remanded by published opinion.…
OPINION OF THE COURT This appeal requires us to decide whether judges of courts of limited jurisdiction, such as the New Jersey municipal courts, are afforded absolute immunity for their judicial acts.…
This case involves a petition to review the Board of Immigration Appeals (“BIA”) ruling which affirmed the Immigration Judge’s denial of the petitioner’s request for registry.…
Acoustic Systems, Inc. v. Wenger Corp. Page 6123
Acoustic Systems, Inc. (“Acoustic”) brought this antitrust suit, 15 U.S.C.…
Heno v. Sprint/United Management Co. Page 6124
This appeal and cross appeal arise from an employment discrimination action brought under Title VII and 42 U.S.C.…
Montez v. McKinna Page 6125
After examining petitioner Lorenzo Montez’s brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal.…
This matter returns to us on remand from the Supreme Court.…
This case arises out of the State of Nebraska’s suit against the Central Interstate Low-Level Radioactive Waste Commission (Commission) under the Declaratory Judgment Act, 28 U.S.C.…
208 F.3d 1068 (8th Cir. 2000) Jerry X. Ellis, Appellant,v.Paul Bolin, individually and in his official capacity as Disciplinary Notifying Sergeant, Arkansas Department of Correction; James Byers, individually and in his official capacity as Disciplinary Hearing Officer, Arkansas Department of Correction; P.…
The defendant appeals from the sentence imposed by the District Court 2 after pleas of guilty to one count of involuntary manslaughter and one count of assault with a dangerous weapon.…
208 F.3d 918 (11th Cir. 2000) JOHN D. CHAPMAN, Plaintiff-Appellant,v.AI TRANSPORT; AMERICAN INTERNATIONAL ADJUSTMENT COMPANY, INC., et al., Defendants-Appellees, Nos. 97-8838, 97-9086 & 97-9269 UNITED STATES COURT OF APPEALSELEVENTH CIRCUIT April 3, 2000 Appeals from the United States District Court for the Northern…
United States v. Warren S. Chang Page 6155
Warren H.S. Chang appeals his conviction and sentence for conspiracy, uttering a counterfeit foreign obligation and possessing a counterfeit foreign obligation.…
Opinion by Judge BOOCHEVER; Dissent by Judge O’SCANNLAIN.…
OPINION This is a constitutional challenge to the provisions of the Export Administration Regulations, 15 C.F.R.…
208 F.3d 560 (6th Cir. 2000) EDWIN BURILOVICH; LINDA BURILOVICH, AS NEXT FRIENDS ON BEHALF OF THEIR SON, BRADLEY BURILOVICH, PLAINTIFFS-APPELLANTS,V.BOARD OF EDUCATION OF THE LINCOLN CONSOLIDATED SCHOOLS; RON GREINER, INDIVIDUALLY, DEFENDANTS-APPELLEES No. 98-2187 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT…
OPINION Evan Singer petitions for review of an order of the National Transportation Safety Board (“NTSB”) revoking his private pilot certificate for cheating during a knowledge test in violation of FAA Regulation 61.37(a)(6), 14 C.F.R.…
United States v. Carol Hoogenboom Page 6165
Dr. Carol Hoogenboom’s scheme to swindle Medicare by filing bills for services she did not provide to elderly mental patients hinged on her assumption that “no one will believe a crazy lady.” But the FBI did.…
Jet Star, Inc. petitions for review of the National Labor Relations Board’s (“NLRB” or “Board”) decision affirming an administrative law judge’s (“ALJ”) finding that the Company violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (“NLRA” or “Act”), 29 U.S.C.…
Priester v. City of Riviera Beach Page 6167
Willie PRIESTER, Plaintiff-Appellant, Cross-Appellee, v. CITY OF RIVIERA BEACH, FLORIDA, Jerry Pereba, Joe Doe, Police Sergeant, W.…
Haynes v. Pennzoil Company Page 6168
Theodore Haynes (“Haynes”) appeals the district court’s grant of summary judgment in favor of appellee Pennzoil Company (“Pennzoil”) on his claims of retaliation and racial discrimination.…
Vacated and remanded by published opinion.…
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge HAMILTON and Judge SMALKIN joined.…
C. Leon Smith v. The Equitable Page 6171
OPINION OF THE COURT I. This appeal arises from appellant C.…
United States v. Smith Page 6183
Defendant Tony Smith appeals his sentence of life imprisonment and challenges the constitutionality of 18 U.S.C.…
Hutchinson (Godlove) v. Pfeil Page 6184
Plaintiff Thomas R. Hutchinson and counsel Joan Godlove appeal from an order imposing sanctions under Fed.R.Civ.P.…
Hutchinson v. Pfeil Page 6185
Plaintiff Thomas R. Hutchinson appeals 1 from the dismissal of his suit *518 under § 43(a) of the Lanham Act, 15 U.S.C.…
United States v. Kovach Page 6186
Defendant Michael Kovach appeals his conviction for uttering and possessing counterfeit securities in violation of 18 U.S.C.…
208 F.3d 1190 (10th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.CARLTON HUMPHREY;NANCY REGAN, Defendants-Appellants.…
Rice v. Cayetano Page 6188
ORDER Pursuant to the mandate of the United States Supreme Court certified on March 14, 2000, in Rice v. Cayetano, — U.S. -, 120 S.Ct.…
208 F.3d 1170 (9th Cir. 2000) ANTHONY RUTLEDGE, an individual an his own behalf and beneficiaries of the Hotel Unionand Hotel Industry of Hawaii Pension Trust; AFL HOTEL AND RESTAURANT WORKERS' HEALTH AND WELFARE FUND, Plaintiffs-Appellees,v.SEYFARTH, SHAW, FAIRWEATHER & GERALDSON, a California Law Partnership…
208 F.3d 1096 (9th Cir. 2000) HAMOUDI H. KHOURASSANY,HASHEM H.…
Marilyn B. Dionne v. Donna E. Shalala, Secretary, U. S. Department of Health and Human Services Page 6193
209 F.3d 705 (8th Cir. 2000) Marilyn B. Dionne, Appellant,v.Donna E.…
United States v. John Lee Chappel Page 6194
208 F.3d 1069 (8th Cir. 2000) United States of America, Appellee,v.John Lee Chappel, Appellant.…
Robert Wilson v. David Spain, Mike Jones Page 6196
209 F.3d 713 (8th Cir. 2000) Robert Wilson, Appellant,v.David Spain, Mike Jones, Appellees.…
United States v. David Imgrund Page 6198
208 F.3d 1070 (8th Cir. 2000) United States of America, Appellant,v.David Imgrund, Appellee.…
United States v. Vicente Marchena-Borjas Page 6199
Vicente Marchena-Borjas appeals from a final judgment entered in the United *699 States District Court 1 for the District of Nebraska upon his conditional guilty plea to one count of conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C.…
This appeal arises out of a copyright action alleging infringement of appellant’s copyright in a user’s guide and audiotape developed for its Nicorette-brand gum.…
This is an appeal by Agrilectric Power Partners, Ltd. (“Agrilectric”) from an order of the District Court interpreting and applying a contract between Agrilectric and Entergy Gulf States, Inc. (“Entergy”), a utility company providing electric power to consumers in Louisiana and Texas.…
This appeal requires us to clarify the definition of a “record” under the Privacy *58 Act of 1974, 5 U.S.C.…
Ralph Abed v. John J. Armstrong, Commissioner, Department of Corrections, State of Connecticut Page 6209
Ralph Abed appeals from Magistrate Judge Martinez’s adverse grant of summary judgment dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
Snapp v. Unlimited Concepts, Inc. Page 6210
Brian SNAPP, Plaintiff-Appellant, v. UNLIMITED CONCEPTS, INC.…
Kyle K. v. Britton Dennis Page 6211
KYLE K., Larry K., Personally, et al., Plaintiffs-Appellees, v. Maggie CHAPMAN, in her individual capacity, Larry Foston, in his individual capacity, Defendants- Appellants.…
Plaintiffs, former employees of a corporate subsidiary of defendant Sunshine Mining & Refining Company, filed this action under the Employment Retirement Income Security Act (ERISA), 29 U.S.C.…
Pringle v. United States Page 6213
Plaintiff-appellant Julius Pringle appeals from the district court’s order dismissing his complaint brought pursuant to the Federal Tort Claims Act, 28 U.S.C.…
Dismissed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge MICHAEL joined.…
Chickasaw Nation v. United States Page 6222
The Chickasaw Nation (Nation) appeals from the district court’s entry of judgment in favor of defendant United States on the Nation’s claim for a refund of federal wagering and occupational excise taxes.…
We granted Juan Antonio Morales’ petition for rehearing because in our original opinion, issued on October 19, 1999, we misstated in part the burden of proof required to prove a well-founded fear of persecution by applicants if they are deported to their homeland.…
United States v. Caron Page 6224
In July 1994, Gerald Caron was convicted after a jury trial on four counts of being a felon in possession of firearms and ammunition.…
United States v. Esquilin Page 6225
A federal grand jury in the District of Maine indicted Carlos Esquilin on a charge of possession of cocaine with intent to distribute in violation of 21 U.S.C.…
United States v. Cabrera Page 6226
Defendant-appellant Vladimir Cabrera appeals his conviction for possession of a document-making implement under 18 U.S.C.…
208 F.3d 1171 (9th Cir. 2000) BETHEL NATIVE CORP., an Alaska Native Village Corp.,Plaintiff,v.DEPARTMENT OF THE INTERIOR; BRUCE BABBITT, Secretary of the Interior; BUREAU OF INDIAN AFFAIRS; NILES CESAR, Regional Administrator of the Bureau of Indian Affairs; ADA DEER, Assistant Secretary of the Interior for Indian…
208 F.3d 1112 (9th Cir. 2000) JULIE DUNCAN, on behalf of herself and all others similarly situated, Plaintiff-Appellant,v.NORTHWEST AIRLINES, INC.,OPINION Defendant-Appellee.…
The plaintiff, David Balcorta, sued his employer, Twentieth Century Fox Film Corporation, in state court for violations of a California wage law.…
SECOND SUPPLEMENTAL CONSENT ORDER On August 16, 1996, this court issued a judgment granting the application of the National Labor Relations Board (the “Board”) for the enforcement of a certain order on consent issued by it against Teamsters Local No. 372, International Brotherhood of Teamsters, AFL-CIO (a/ k/a…
210 F.3d 18 (1st Cir. 2000) BROTHERHOOD OF LOCOMOTIVE ENGINEERS, UNITED TRANSPORTATION UNION, PLAINTIFFS, APPELLEES,v.SPRINGFIELD TERMINAL RAILWAY COMPANY, AROOSTOOK AND BANGOR RESOURCES, INC., DEFENDANTS, APPELLANTS.…
In this case, the petitioner, Luis Aquiles Herrera-Inirio, hoists the red flag of federalism and seeks to overturn an order calling for his deportation entered by the Board of Immigration Appeals (the Board).…
Eddie Risdal, a state prisoner, filed this suit under 42 U.S.C.…
Karnes v. Poplar Bluff Transfer Co. Page 6246
United States Court of Appeals FOR THE EIGHTH CIRCUIT ________________ * * No. 99-4113 * ________________ * * In re: Atlas Van Lines, Inc.; * In re: Poplar Bluff Transfer * Company; In re: Nathan * Stout; In re: Gregory Stout, * * Petitioners.…
Staceen Sinkler suffers from a “specific phobia” involving the operation of an automobile.…
Christopher Michas brought suit against his former employer, Health Cost Controls, Inc. (“HCC”), 1 claiming that HCC *689 wrongfully terminated him on the basis of his age, in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C.…
OPINION In case no. 98-5971, the plaintiff-appellant Gwendolyn T.…
OPINION Plaintiff-Appellant Kellogg Company appeals the district court’s order granting summary judgment to Defendant-Appellee Exxon Corporation on Kellogg’s complaint alleging federal and state law claims of trademark infringement, false designation of origin, false representation, dilution, and unfair competition.…
OPINION Defendants Maurice Navarro Brooks, James Marks, and Robert L.…
Two individuals and three environmental organizations (collectively “Texans United”) brought this citizens suit under the Clean Air Act, 42 U.S.C.…
Lara v. Cinemark USA, Inc. Page 6253
Defendant-Appellant Cinemark USA, Inc. challenges the district court’s determinations that the Americans with Disabilities Act (“ADA”) requires “stadium-style” movie theaters to offer wheelchair-bound patrons lines of sight comparable to those enjoyed by the general public and that *785 Cinemark’s theaters failed to…
Affirmed in part, vacated in part, and remanded by published opinion.…
Petitioner-appellant Thomas Lucidore appeals from a judgment entered by the United States District Court for the Southern District of New York (Andrew J.…
209 F.3d 486 (6th Cir. 2000) JOHN W. BYRD, JR., PETITIONER-APPELLANT,V.TERRY L.…
In Re: Rickel Home Centers, Inc., Debtor L.R.S.C. Co. v. Rickel Home Centers, Inc. Staples, Inc Page 6267
OPINION OF THE COURT L.R.S.C. Co. (“LRSC”) appeals an order of the United States District Court for the District of Delaware that authorized the assignment of its lease with debtor Rickel Home Centers, Inc. to Staples, Inc., both of which are appellees, and that struck from that lease a provision limiting the tenant’s…
OPINION OF THE COURT Bowersox Truck Sales & Service, Inc. (“BTS”) appeals the district court’s grant of summary judgment in favor of Harco National Insurance Company on BTS’s claim for breach of contract and bad faith arising under an insurance policy Harco had issued to BTS.…
OPINION OF THE COURT Appellant Jorge Torres was sentenced on his plea of guilty to one count of bank fraud, in violation of 18 U.S.C.…
United States v. Hernandez-Fraire Page 6270
UNITED STATES of America, Plaintiff-Appellee, v. Jose Alfredo HERNANDEZ-FRAIRE, Defendant-Appellant.…
Mason v. Florida Bar Page 6271
This case involves facial and as applied challenges to Rule 4-7.2Q) of the Rules Regulating the Florida Bar (“Rule 4-7.2(j)”), which prohibits statements made by lawyers in advertisements or written - communications that are “self laudatory” or that describe or characterize the quality of legal services.…
Patricia PELFREY, on behalf of herself and the class described herein, Plaintiff-Appellant, v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Defendant-Appellee.…
Copeland Oaks and Copeland Oaks Employee Benefit Plan v. Jeffrey A. Haupt and Brooke A. Haupt Page 6273
OPINION In this ERISA action, the plaintiffs, Copeland Oaks and its employee benefits plan, appeal the district court’s grant of summary judgment to the defendants, Copeland Oaks employee Jeffrey Haupt and his daughter, Brooke.…
OPINION Debtor-Appellant Robin L. Johnston appeals the decision of the Bankruptcy Appellate Panel affirming the Bankruptcy Court’s denial of her claim that her 1997 earned income tax credit (“EIC”) is exempt from inclusion in her Chapter 7 bankruptcy estate.…
OPINION This appeal arises from pro se Kentucky prisoner Roger Anthony Brown’s civil rights suit against prison officials for allegedly denying him access to the courts.…
209 F.3d 587 (6th Cir. 2000) TRUSTEES OF THE MICHIGAN LABORERS' HEALTH CARE FUND; MICHIGAN LABORERS' DISTRICT COUNCIL PENSION FUND; MICHIGAN LABORERS' VACATION FUND; MICHIGAN LABORERS' TRAINING FUND; CONSTRUCTION INDUSTRY ADVANCEMENT FUND, PLAINTIFFS-APPELLANTS,V.MICHAEL GIBBONS; WILLIAM GIBBONS; GIBBONS BROTHERS…
Rich v. Woodford Page 6278
Dissent by Judge REINHARDT; Dissent by Judge KOZINSKI; Dissent by Judge WARDLAW.…
208 F.3d 8 (1st Cir. 2000) UNITED STATES, Appellee,v.RONALD WOODRUM a/k/a DAVID WILSON, Defendant, Appellant.…
Sandy A. Johnston v. Kenneth S. Apfel, Commissioner, Social Security Administration,appellee Page 6292
Sandy A. Johnston appeals from a final order entered in the District Court 1 for the Western.…
Hainze v. Richards Page 6293
207 F.3d 795 (5th Cir. 2000) KIM MICHAEL HAINZE, ET AL., Plaintiffs, KIM MICHAEL HAINZE, Plaintiff-Appellant,v.ED RICHARDS, Sheriff; STEVE ALLISON; and various unknown Williamson County Sheriff's deputies; WILLIAMSON COUNTY, Texas; KEVIN HALLMARK; SCOTT ZION, Williamson County Sheriff's Deputies, individually and in…
Smith v. Ward Page 6294
Rodney Smith’s federal habeas application having been dismissed as untimely under 28 U.S.C.…
Sandra L. Rice v. Sunrise Express, Incorporated, Gainey Corporation and Sunrise U.S.A., Incorporated Page 6295
Sandra Rice brought an action against Sunrise Express, Inc. (“Sunrise Express”) for violating the Family and Medical Leave Act (“FMLA” or “the Act”) after Sunrise Express terminated her upon, her return from a medical leave.…
Jeffrey Cash v. Illinois Division of Mental Health, D/B/A Warren G. Murray Developmental Center Page 6296
Jeffrey Cash sued the Illinois Division of Mental Health (IDMH) for sexual harassment under Title VII following a long stretch in which he was taunted at work because his co-workers thought him to be a closeted homosexual.…
United States v. Dennis Brown Page 6297
Defendant-Appellant Dennis Brown (“Brown”) received a 125-month term of imprisonment after pleading guilty to bank robbery by force or violence, in violation of 18 U.S.C.…
Helifix Limited (“Helifix”) appeals the order of the United States District Court for the District of Massachusetts denying its motion to preliminarily enjoin Blok-Lok, Ltd. and William Scott Burns 1 (collectively “Blok-Lok”) from inducing infringement of, and contributorily infringing, United States Patent No.…
Optical Disc Corporation (ODC) appeals from the decision of the United States District Court for the Central District of California that granted summary judgment of noninfringement (both literal and under the doctrine of equivalents) in favor of Del Mar Avionics and Bruce Del Mar (collectively Del Mar) in ODC’s suit…
Patrick F. D’Amico appeals from the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) that affirmed the order of the Board of Veterans’ Appeals (“Board”) refusing to reopen his 1978 claim for veteran’s benefits.…
Opinion for the court filed by Circuit Judge GINSBURG.…
207 F.3d 667 (D.C. Cir. 2000) Brett C. Kimberlin, Appelleev.J.…
208 F.3d 885 (10th Cir. 2000) CARDTOONS, L.C., an Oklahoma Limited Liability Company, Plaintiff - Appellant,v.MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION, an unincorporated association, Defendant - Appellee.…
United States v. Arlando Hill Page 6430
210 F.3d 881 (8th Cir. 2000) United States of America, Appellee,v.Arlando Hill, Appellant.…
Kim Ho Ma v. Reno Page 6434
Petitioner Kim Ho Ma is an alien who left his native land, Cambodia, as a refugee at the age of two and has resided in the United States as a legal permanent resident since he was six.…
Arguello v. Conoco, Inc. Page 6435
The appellants, a group of Hispanic and African-American consumers, filed suit against appellees, Conoco, Inc. (“Conoco” or “Conoco, Inc.”) alleging that they were subjected to racial discrimination while purchasing gasoline and other services.…
Murphy v. Federal Deposit Insurance Page 6444
Bruce G. MURPHY, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Southeast Bank, N.A.; Jeffrey H.…
Judy Palmer appeals from a final judgment following a jury verdict in favor of the Board of Regents of the University System of Georgia (the “University System”), on her religious discrimination claim against the University System, brought under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C.2000e…
MILAN EXPRESS, INC., Plaintiff-Appellant, Cross-Appellee, v. AVERITT EXPRESS, INC., United States Fidelity and Guaranty Co., Defendants-Appellees, Cross- Appellants.…
Curtis Glinsey (“Glinsey”), federal prisoner # 10779-042, appeals from the judgment and sentencé entered by the district court after Glinsey pled guilty to illegally acquiring and redeeming food stamps as well as attempting to tamper with a witness.…
Julie A. Rager v. Dade Behring, Inc. Page 6452
210 F.3d 776 (7th Cir. 2000) Julie A. RAGER, Plaintiff-Appellant,v.DADE BEHRING, Inc., Defendant-Appellee.…
Minghao Lee v. William J. Clinton Page 6453
The plaintiff, Lee, filed two insane complaints charging the United States and China with a conspiracy to “bio-chemically and bio-technologieally infect and invade” various people including Lee with a mind reading and mental torture device that Lee calls “Mind Accessing and Torturing via Remote Energy Transferring…
United States v. Nava-Ramirez Page 6462
I. INTRODUCTION After the district court denied Gavino Nava-Ramirez’s motion to suppress evi *1130 dence discovered in the trunk of a vehicle he was driving but which he did not own, Nava-Ramirez entered a conditional guilty plea to one count of possession of methamphetamine with intent to distribute.…
Gerald Boyer appeals from the October 8, 1998 and January 27, 1999 decisions of the United States Court of Appeals for Veterans Claims (the “CAVC”) 1 denying his claim for a compensable rating evaluation for service-connected left-ear hearing loss.…
Opinion for the Court filed by Chief Judge HARRY T.…
208 F.3d 1122 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.GERMAN ESPINOZA MONTERO-CAMARGO, Defendant-AppellantUNITED STATES OF AMERICA, Plaintiff-Appellee,v.LORENZO SANCHEZ-GUILLEN, Defendant-Appellant.…
208 F.3d 1116 (9th Cir. 2000) HOEUN YONG, Petitioner-Appellant,v.IMMIGRATION AND NATURALIZATION SERVICE,OPINION Respondent-Appellee.…
210 F.3d 732 (7th Cir. 2000) Georgeen STEVENS, Plaintiff-Appellant,v.Illinois Department of Transportation, Defendant-Appellee.…
United States v. Michael A. Roe Page 6498
210 F.3d 741 (7th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.MICHAEL A.…
United States v. Alexander Rogers Page 6499
Alexander Rogers was convicted by a jury in the United States District Court for the District of Connecticut (Dorsey, J.) of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C.…
United States v. Garcia Page 6501
UNITED STATES of America, Plaintiff-Appellee, v. Edgar Arnold GARCIA, Defendant-Appellant.…
Ronald Denius filed suit against Wayne Dunlap in his individual and official capacity as director of the Lincoln Challenge Program (“LCP”) seeking injunctive, declaratory and monetary relief under 42 U.S.C.…
208 F.3d 724 (8th Cir. 2000) Stephen K. Johns, Appellant,v.Michael Bowersox, Superintendent of Potosi Correctional Center, Appellee.…
Defendants appeal the district court’s Order Adopting the Report and Recommendation of the United States Magistrate Judge, denying their motions for summary judgment.…
William R. Riggs v. United States Page 6630
OPINION Petitioner-appellant William R. Riggs was convicted after a jury trial of conspiracy to manufacture marijuana, manufacturing marijuana, and possessing marijuana with intent to distribute.…
In Re: Joann Patenaudepetitioners Page 6633
OPINION OF THE COURT Petitioners are three groups of plaintiffs seeking damages for personal injury and wrongful death as a result of exposure to asbestos.…
208 F.3d 1263 (11th Cir. 2000) GULF POWER COMPANY; Alabama Power Company, et al., Petitioners,v.FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.Tampa Electric Company, Petitioner,v.Federal Communications Commission and United States of America, Respondents.Florida Power & Light Company…
This labor and contract case presents several questions about the relationship between two unions and a union employee.…
I. INTRODUCTION Stuart R. Vanderhurst, a former professor at Colorado Mountain College Junior College District (the “College”), sued the College for terminating his employment on the basis of allegedly inappropriate classroom conduct and comments.…
Stone v. Autoliv ASP, Inc. Page 6638
This case arises from a reduction in force (“RIF”) instituted in 1995 by defendant Autoliv ASP, Inc., a manufacturer of airbags.…
208 F.3d 1144 (9th Cir. 2000) PHILIP WILLIAMSON; ITZIK RIEF;RONDA KIRLIN; THOMAS PAINTER,Plaintiffs-Appellants,v.GENERAL DYNAMICS CORPORATION,OPINION Defendant-Appellee.…
United States v. Tommie Dorsey Page 6643
In 1994, Tommie Dorsey was a 44-year-old married man with children, who had managed an auto repair shop for the last seven years, owned a split-level house in a middle class neighborhood, and had no history of crime.…
Jamal M. Maarouf v. Walker Manufacturing Company, a Division of Tenneco Automotive, Incorporated Page 6644
210 F.3d 750 (7th Cir. 2000) Jamal M. MAAROUF, Plaintiff-Appellant,v.WALKER MANUFACTURING COMPANY, a Division of Tenneco Automotive, Incorporated, Defendant-Appellee.…
United States v. Henry Masquelier, Jr. Page 6646
210 F.3d 756 (7th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,v.HENRY MASQUELIER, JR., DEFENDANT-APPELLANT.…
The EPA civilly charged Robert Krilich with illegally filling a wetland on property he was developing in suburban Chicago, Illinois.…
United States v. William K. Smith Page 6648
210 F.3d 760 (7th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.WILLIAM K.…
I respectfully dissent from the majority’s decision to affirm the trial court’s award of attorney fees in the amount of $515,700, plus $68,500 in costs, to the Plaintiffs as “prevailing parties” pursuant to 42 U.S.C.…
Helen J.M. Bassett (Bassett) brought this suit against her former employer, the City of Minneapolis (City), pursuant to Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.…
210 F.3d 887 (8th Cir. 2000) ENTERGY, ARKANSAS, INC.; ENTERGY GULF STATE, INC.; ENTERGY LOUISIANA, INC.; WOLF CREEK NUCLEAR OPERATING CORPORATION; OMAHA PUBLIC POWER DISTRICT; CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT COMMISSION, PLAINTIFFS-APPELLEES,US ECOLOGY, INC., INTERVENOR,v.STATE OF NEBRASKA…
Appellants-cross-appellees Clear Channel Broadcasting, Inc., Bill Struck, Jim Paul, and John Candelaria (collectively "Clear Channel") appeal from a jury verdict in favor of appellee-cross-appellant Small Business Assistance Corp. ("SBAC") on its claims of trademark infringement under that Lanham Act and tortious…
Bennett v. Barnett Page 6656
This case arises out of an internal investigation by the United States Postal Service of an altercation between two postal workers.…
Clift v. Clift Page 6657
210 F.3d 268 (5th Cir. 2000) KATHY CLIFT, ETC; ET AL DefendantsKATHY CLIFT, Kathy Clift as guardian of John Ryan Clift and Jennifer Lee Clift Defendant - Cross Claimant - Appelleev.PAMELA SUE CLIFT, now known as Pamela Sue Page Defendant - Cross Defendant - Appellantv.CONNECTICUT GENERAL LIFE INSURANCE COMPANY…
Siegel Oil Company v. Bill Richardson, Secretary of Energy and Office of Hearings and Appeals Page 6660
Appellant Siegel Oil Co. (“Siegel”) appeals a decision of the United States District Court for the District of Columbia granting summary judgment in favor of the United States Department of Energy (“DOE”).…
concurring. Although I fully concur in the result reached by the majority and in much of its well-reasoned analysis, I write separately to make three points.…
O'Neill v. Carlisle Page 6675
210 F.3d 41 (1st Cir. 2000) KATHERINE M. O'NEILL, Plaintiff, Appellant,v.CHARLES D.…
Ruiz Rivera v. Dept. of Education Page 6676
The appellants, Angel Ruiz Rivera (Ruiz), Instituto de Educación Universal (the Institute), and five other individuals who, like Ruiz, are affiliated with the Institute, brought this action against the United States Department of Education (DOE) and various DOE hierarchs (including the Secretary), seeking money…
This procedural motley stems from the admittedly awkward efforts of plaintiff-appellant Instituto de Educación Universal Corp. (the Institute) to secure judicial review of a final determination of the United States Department of Education (DOE) pursuant to the Administrative Procedure Act (the APA), 5 U.S.C.…
This is an appeal from summary judgment for the defendant employer in a claim of wrongful discharge under the Americans with Disabilities Act (“ADA”), 42 U.S.C.…
United States v. Duarte-Acero Page 6680
UNITED STATES of America, Plaintiff-Appellee, v. Jose DUARTE-ACERO, Defendant-Appellant.…
Madray v. Publix Supermarkets, Inc. Page 6681
Connie Lynn MADRAY and Melody Holden, Plaintiffs-Appellants, v. PUBLIX SUPERMARKETS, INC., Defendants-Appellees.…
Lewis v. Young Men's Christian Ass'n Page 6682
Grace LEWIS, Plaintiff-Appellant, v. YOUNG MEN'S CHRISTIAN ASSOCIATION, a corporation, Defendant, Young Men's Christian Association, Southside Branch, a corporation, Defendant-Appellee.…
Everett Perry v. Kenneth McGinnis Page 6684
209 F.3d 597 (6th Cir. 2000) EVERETT PERRY, PLAINTIFF-APPELLANT,V.KENNETH MCGINNIS, ET AL., DEFENDANTS-APPELLEES.…
Almost three and a half years ago, Wayne Richardson, III, obtained a judgment in the United States District Court for the District of Hawaii for upward of $500,000 against Robert.Klaesson, Donna Klaesson, and the Klaesson Family Trust on a claim for fraud in the sale of a business.…
ORDER The judgment of the United States District Court for the District of Delaware, dated May 30, 2002, holding Micromass UK Ltd. and Micromass Inc. liable for infringement of U.S. Patent No. 4,963,736, is affirmed on the basis of that court’s opinion dated February 5, 2002, see Applera Corp. v. Micromass UK Ltd.…
McGuire v. Continental Airlines, Inc. Page 6702
This appeal involves the application of Colorado law to disciplinary procedures and an internal grievance process contained in an employee handbook.…
Haugh v. Booker Page 6703
Kevin Haugh pled guilty in federal district court in Massachusetts to one count of conspiracy to commit murder in violation of 18 U.S.C.…
Mario DeGenova sued the Sheriff of Du-Page County in his official capacity, claiming a violation of his constitutional rights pursuant to 42 U.S.C.…
The Bank of Mississippi appeals a judgment of the bankruptcy court, affirmed by the district court, which invalidated the judgment hen that the Bank sought to enforce against the debtor and two garnishees.…
Istre v. Apfel Page 6725
Elmo Istre appeals an order of the district court remanding his disability-benefits claim for further consideration by the Social Security Appeals Council.…
Snyder Oil Corp. v. Samedan Oil Corp. Page 6726
Snyder Oil Corporation (“Snyder”) appeals an order granting transfer to the Southern District of Alabama pursuant to 28 U.S.C.…
Remington v. United States Page 6727
This appeal presents the question whether Texas state partnership law is preempted by 26 U.S.C.…
209 F.3d 338 (4th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,V.LAWRENCE CHARLES MATTHEWS, A/K/A MRMATURE, A/K/A DD4SUBFEM, A/K/A LCMINMD, DEFENDANT-APPELLANT.AMERICAN CIVIL LIBERTIES UNION; AMERICAN CIVIL LIBERTIES UNION OF MARYLAND; AMERICAN CIVIL LIBERTIES UNION OF THE NATIONAL CAPITOL AREA; NATIONAL…
Vacated and remanded by published opinion.…
Shands Teaching Hospital and Clinics, Inc. appeals the dismissal of its complaint against Unisys Corporation and Beech Street Corporation.…
United States v. Lee Page 6732
UNITED STATES of America, Plaintiff-Appellee, v. Alfred Wayne LEE, Defendant-Appellant.…
United States v. Contreras Page 6733
Defendant John Norbert Contreras pled guilty to bank robbery in violation of 18 U.S.C.…
STX, Inc. appeals the judgment of the United States District Court for the District of Maryland, No. 97-CV-1578, holding on summary judgment that United States Patent No. 5,566,947 (“ ’947 patent”) is invalid under 85 U.S.C.…
Abbott Laboratories has filed a petition for rehearing asking us to remand so that the district court may increase the amount of the injunction bond.…
ORDER FOR CERTIFICATION OF CERTAIN QUESTIONS TO THE RHODE ISLAND SUPREME COURT Pursuant to Rule 6 of the Rules of the Supreme Court of Rhode Island, the United States Court of Appeals for the First Circuit hereby certifies to the Supreme Court of Rhode Island certain questions of Rhode Island law which may be…
Ibrahim v. District of Columbia Page 6775
Opinion for the Court filed by Circuit Judge GINSBURG.…
Opinion for the Court filed by Circuit Judge GINSBURG.…
Opinion for the Court filed by Chief Judge EDWARDS.…
Opinion for the Court filed by Circuit Judge TATEL.…
ORDER AMENDING OPINION AND DENYING PETITION FOR PANEL REHEARING AND REHEARING EN BANC The slip opinion filed December 30, 1999 [198 F.3d 1161], is amended as follows: At slip opinion page 14995 [198 F.3d at 1162] by changing “2Ql.l(b)(l)(A)” to “2Q1.2(b)(l)(A)”.…
Petitioner Donald Washington appeals from the district court’s dismissal of his federal habeas petition on grounds of procedural default.…
United States v. Benjamin Corona-Garcia Page 6781
210 F.3d 973 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.BENJAMIN CORONA-GARCIA, Defendant-Appellant.…
Gil llano Colmenar petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum and withholding of deportation.…
United States v. Sonia Lafontaine Page 6783
Defendant Sonia LaFontaine appeals from an order of the United States District Court for the Southern District of New York (Michael B.…
Edward Lee Harris appeals from a judgment convicting him of engaging in a continuing criminal enterprise (“C.C.E.”), criminal forfeiture and tax evasion.…
209 F.3d 163 (2nd Cir. 2000) LINO CELLE and RADIO MINDANAO NETWORK USA, INC., Plaintiffs-Appellees,v.FILIPINO REPORTER ENTERPRISES INC.…
Anthony J. Gray-Bey v. United States Page 6786
Ten years ago, a jury found Anthony Gray-Bey guilty of drug- offenses, plus using or carrying a firearm during and in relation to his drug trafficking.…
Cook v. Sivley Page 6788
Harry K. COOK, Petitioner-Appellant, v. Ron RILEY, Warden, Respondent-Appellee.…
Appellants brought related challenges to the University of Georgia’s use of race in its admissions process and to the mainte *1314 nance of historically black colleges within the state’s university system.…
Reingold v. Swiftships Inc. Page 6791
This is an interlocutory appeal under 28 U.S.C.…
United States v. Reliford Page 6792
Defendants Robert Clark, Johnny Washington, Cleveland Reliford, and Johnny Clinton appeal following their conviction by jury trial on federal charges arising from their drug trafficking activities in and around the Shreveport, Louisiana area.…
United States v. Jenell Goodley Taylor Page 6793
Jenell Goodley Taylor appeals her conviction and sentence, contending that the trial court committed various evidentiary errors that, considered either separately or cumulatively, resulted in unfair prejudice and require a reversal.…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
During a confrontation over damage to his automobile, Charles Witherspoon, then age sixteen, shot and killed another young man after being surrounded by the victim and several of his friends.…
General Motors Corporation (GM) petitions for a writ of mandamus, seeking relief from a magistrate judge’s order directing GM to produce six documents for which GM asserts privilege.1 We grant GM’s petition and remand.…
United States v. Louis L. Wilson Page 6834
Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Senior Judge MICHAEL joined.…
McCann v. Wal-Mart Stores, Inc. Page 6836
This case involves a claim for false imprisonment.…
United States v. Freeman Page 6837
William E. Freeman, Jr., an officer in the Peabody, Massachusetts, police department, was convicted by a jury on two counts of witness tampering.…
Bass v. Janney Montgomery Scott, Inc. Page 6853
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2000 FED App.…
United States v. Jerome L. Wood Page 6854
OPINION Jerome Wood appeals the “career offender” enhancement of his sentence, which the district court imposed following Wood’s guilty plea to armed bank robbery.…
John D.R. Leonard v. Pepsico, Inc. Page 6855
In 1995, defendant-appellee Pepsico, Inc. conducted a promotion in which it offered merchandise in exchange for “points” earned by purchasing Pepsi Cola.…
ORDER Appellant, Richard Nathaniel Mattarolo, requests the Court to recall its mandate and vacate and reissue the amended decision in this case filed December 30, 1999, for the reason that his counsel, an assistant federal defender, admittedly neglected to file a timely Petition for Certiorari with the United States…
We must decide whether the doctrine of equitable tolling can be applied to the 180-day deadline for the Internal Revenue Service to file a proof of claim against a taxpayer in bankruptcy proceedings.…
Ballard v. Baldridge Page 6858
ORDER We dismiss without prejudice the appeal for lack of jurisdiction because the district court’s order vacating the judgment was not a final order.…
Anticipating testimony by an Immigration and Naturalization Service inspector that Ruben Fuentes-Cariaga looked nervous when he was stopped at the border and that his nervousness was an important factor in referring him to secondary, Fuentes-Cariaga sought to present evidence by a non-percipient INS inspector that she…
Winifred Barron applied for disabled widow’s benefits as the widow of Paul Raymond.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge TRAXLER joined.…
Sarina Amiel v. United States Page 6879
Sarina Amiel appeals from Judge Platt’s summary denial of her 28 U.S.C.…
United States v. Vincent Eric Harris Page 6881
OPINION OF THE COURT In this appeal Vincent Harris contends that when the government paid several confidential informants to gather information and later had those informants testify at Harris’s criminal trial, the government violated the so-called “antigratuity statute,” 18 U.S.C.…
Joseph Gall, defendant-appellant, appeals from orders of the United States District Court for the District of Connecticut .(Alan H.…
Oliver v. Woods Page 6901
209 F.3d 1179 (10th Cir. 2000) BRUCE OLIVER, Plaintiff-Appellee,v.JAMES WOODS; DALE SCOW, Defendants-Appellants,CITY OF CENTERVILLE; CITY OF FARMINGTON, Defendants.…
Manybeads v. United States Page 6902
Jenny Manybeads et al., (Manybeads) appeal the dismissal by the district court of their suit against the United States.…
Randy M. Pope appeals the judgment of the district court following a second trial in Pope’s suit against Man-Data, Inc., d.b.a., Pacific Coast Credit (PCC).…
United States v. Gamble Page 6905
The question in this appeal is whether appellant’s habeas petition was timely filed under 28 U.S.C.…
Childress v. City of Arapaho, OK Page 6919
Plaintiffs filed suit under 42 U.S.C. § 1988, claiming that defendants violated their Fourth Amendment and substantive due process rights during a pursuit of escaped prison inmates.…
210 F.3d 1360 (Fed. Cir. 2000) STRATOS MOBILE NETWORKS USA, LLC, Plaintiff-Appellee, v.UNITED STATES, Defendant-Appellant, and COMSAT CORPORATION, Defendant-Appellant.…
Envirco Corporation (Envirco) sued Clestra Cleanroom, Inc. (Clestra) in the United States District Court for the Northern District of New York for infringement of its U.S. Patent No. 4,560,395 (’395 patent), which covers a centrifugal fan and filter assembly for clean room environments.…
Plaintiff Helfgott & Karas, P.C. appeals the dismissal of its claims by the United States District Court for the Southern District of New York.…
After a bench trial in the United States District Court for the District of South Carolina, the district judge ruled that certain hospital beds manufactured by defendants Kinetic Concepts, Inc., and KCI Therapeutic Services, Inc., (collectively, KCI) do not infringe various claims of United States Patent No. 5,586,346…
Karuk Tribe v. Ammon Page 6924
Opinion for the court filed by Circuit Judge RADER.…
On January 21, 1997, Joseph Dureiko (“Dureiko”) and Southern Pine Isle Corporation (“SPIC”) (collectively, “Pine Isle”) brought suit against the United States in the United States Court of Federal Claims for (1) breach of contract, (2) a governmental taking in violation of the Fifth Amendment, (3) an inverse…
Appellant Guadalajara, Inc. d/b/a Dulces Vero USA (“Dulces Vero”) appeals from the imposition of a preliminary injunction forbidding it to sell its soft-serve frozen yogurt cone-shaped lollipops under the mark “Chupa Gurts” in the United States.…
Myers-Garrison v. Johnson & Johnson Page 6942
Belinda Myers-Garrison brought this nationwide class action -on behalf of Johnson & Johnson employees, alleging that their pension benefits were reduced in violation of the Employee Retirement Income Security Act (“ERISA”).…
Jaclyn Green Keegan and Linda Green appeal the district court’s summary judgment in favor of State Farm Fire & Casualty Insurance Company (State Farm) finding that State Farm did not have a duty to defend or indemnify the insured under an insurance contract.…
210 F.3d 345 (5th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff - Appellee,v.JAMES THOMAS PHILLIPS, Defendant - Appellant.…
In re Complaint of John E. Graham & Sons Page 6945
210 F.3d 333 (5th Cir. 2000) In Re: In the Matter of the Complaint of John E.…
Kerstetter v. Pacific Scientific Co. Page 6946
Plaintiff-Appellant brought suit on behalf of her son, a deceased naval pilot, contending that the pilot restraint system in the T-34C aircraft he was flying at the time of his death was defectively designed.…
United States v. Zanghi Page 6950
Defendant-Appellant Joseph P. Zanghi, Jr., pleaded guilty to conspiracy to defraud the United States, in violation of 18 U.S.C.…
United States v. Bredy Page 6951
Defendant Phillip Bredy appeals his convictions and sentence for four armed robbery and firearms violations.…
United States v. Turner Page 6952
Dean Allen Turner entered a conditional plea of guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C.…
This litigation crashes on the shoals of res judicata.…
The Internal Revenue Service (“IRS”) appeals a judgment holding that Wayne and Mary Cousins (“Debtors”), who had filed for bankruptcy protection under Chapter 12 of the Bankruptcy Code (“the Code”), were not liable after discharge for postpetition interest on prepetition, non-dischargeable tax liabilities.…
King v. Ford Motor Co. Page 6955
RECOMMENDED FOR FULL-TEXT PUBLICATION 24 King, et al.…
OPINION Sumser Retirement Village (“Sumser”), defendant, appeals judgment for Deborah Jones, plaintiff, in this Americans with Disabilities Act (“ADA”) claim.…
Third party claimant Jesus Anguiano (“Anguiano”), a passenger injured in a car driven by the insured, Louis Romero (“Romero”), appeals the district court’s grant of summary judgment in favor of Allstate Insurance Company (“Allstate”).…
Defendant Ruben Zuno-Arce is in custody following his 1992 conviction stemming from the kidnapping and murder of DEA Agent Enrique Camarena and his pilot, Alfredo Zavala-Avelar.…
Defendant Allen David Daniel (“Daniel”) appeals the revocation of his supervised release.…
United States v. Eugene P. Kent Page 6970
Eugene P, Kent appeals the district court’s inclusion of a special condition to his three-year period of supervised release on the grounds that the condition was an abuse of discretion by the district court.…
Jay D. Scott, Petitioner-Appellee v. Betty Mitchell, Warden, Respondent-Appellant/ Cross-Appellee Page 6997
OPINION Respondent Betty Mitchell (“the Warden”) appeals the district court’s grant of a writ of habeas corpus under 28 U.S.C.…
United States v. Keith Jones Page 6998
In October 1996, a federal grand jury sitting in the Northern District of Illinois returned a seven-count indictment charging Keith Jones, a former police officer with the Ford Heights, Illinois, Police Department (FHPD), with narcotics violations, extortion, and racketeering.…
OPINION OF THE COURT This is an appeal by Dean Campbell, a Pennsylvania prison inmate, whose petition for a writ of habeas corpus pursuant to 28 U.S.C.…
Means v. State of Alabama Page 7020
Clay Means, a federal prisoner proceeding pro se, appeals from the district court’s denial of his habeas corpus petition, brought under 28 U.S.C.…
Holladay v. Haley Page 7021
I. FACTS AND PROCEDURAL HISTORY In August 1986, Rebecca Ledbetter Hol-laday was living in a mobile home in Gadsden, Alabama.…
High v. Turpin Page 7022
Jose Martinez High, convicted of murder, armed robbery, and kidnapping with bodily injury in the state courts of Georgia and sentenced to death, appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
OPINION This case requires us to decide whether an affiliated group of corporations filing a consolidated federal income tax return is entitled to a 10-year carryback for certain “specified liability” expenses incurred by a member corporation with positive separate taxable income.…
Gte North, Inc. v. John G. Strand Page 7024
OPINION GTE North, Inc. (GTE), an incumbent local telecommunications carrier in Michigan, sued the defendants, members of the Michigan Public Service Commission (MPSC or the Commission), under the Federal Telecommunications Act of 1996 (FTA or the Act) after the Commission issued an opinion and order directing GTE to…
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
Opinion by Judge CARTER; Dissent by Judge PREGERSON.…
United States v. Chae Wan Chon Page 7052
D.W. NELSON, Circuit Judge: Buddy Costa and Mahlon K.…
Opinion by Judge CANBY; Concurrence by Judge O’SCANNLAIN.…
The issue before us is whether a law firm owes a duty to its client to disclose that it hired the law clerk of a judge before whom it was appearing in a pending matter.…
United States v. Alphonso Vonn Page 7055
We consider whether we must set aside a guilty plea because the district court failed to advise defendant of his right to be represented by counsel at trial.…
After what appeared to be a successful period of employment as a civilian Navy employee, Richard Cullom accepted a position with the Hines VA Hospital as a staffing specialist.…
Robert Tutman v. Wbbm-Tv, Inc./cbs, Inc. Page 7058
CBS producer Robert Vasilopulos testified that “it was simply a joke” when he told Robert Tutman, an African-American CBS cameraman, about a comedic movie called Niggers with Hats and parroted a phrase from the movie by telling Tutman to “[g]et the fuck out of the office before I pop a cap in your ass.” Tutman…
Eyrle S. Hilton, IV v. City of Wheeling Page 7059
Eyrie Stuart Hilton, IV sued the Village of Wheeling (a Chicago suburb) and members of its police force (plus two social workers employed by the Village) for in-junctive relief and damages, alleging violations of his constitutional rights to petition the government for redress of grievances and to enjoy the equal…
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.…
210 F.3d 246 (4th Cir. 2000) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellant,v.RITE AID OF SOUTH CAROLINA, INCORPORATED, Defendant-Appellee, and GABRIELLE HUNDLEY, Gabrielle Hundley, a minor under the age of 14 years, by and through her Guardian ad Litem, Peggy W.…
This case raises novel and difficult questions concerning transferee liability under the Internal Revenue Code.…
Hobbs v. USA Page 7130
Booker Hobbs, Jr., pro se, appeals the determination that he is not entitled to recover damages under the Internal Revenue Code (“I.R.C.”), 26 U.S.C.…
OPINION OF THE COURT This matter is before this court on appeal from an order of June 9, 1999, in which the appellant, Allstate Insurance Company, asserts that we have jurisdiction under 28 U.S.C.…
Plaintiff Marvin Pulvers appeals from a judgment, entered July 8, 1999, affirming the denial of his application for disability insurance benefits under a group policy (the “Policy”) issued by defendant First UNUM Life Insurance Company (“UNUM”) to Pulvers’s law firm.…
United States v. Montgomery Page 7158
This direct criminal appeal arises from the conviction following a jury trial of Maurice Montgomery (“Montgomery”) for conspiracy to possess cocaine base (also known as “crack”) with intent to distribute, and five counts of aiding and abetting the distribution of crack cocaine.…
United States v. Tyndale Page 7186
David George Tyndale appeals convictions in two separate drug cases.…
Alan M. Harris, Yitzchok Wolpin, Fausto Pombar v. Ivax Corporation, Phillip Frost, Michael W. Fipps Page 7187
*1276 ON PETITION FOR REHEARING AND SUGGESTION OF REHEARING EN BANC Before COX and HULL, Circuit Judges, and COHILL * , Senior District Judge.…
This appeal concerns whether plaintiffs who bring a federal suit based on claims arising under the Employee Retirement Income Security Act of 1974 (“ERISA”) are required to exhaust available administrative remedies when their employer fails to comply with all of ERISA’s procedural requirements for establishing a…
Capital Assurance Company, Inc. appeals the award of prejudgment interest in an insurance contract action based on a federally-subsidized Standard Flood Insurance Policy it issued under Part B of the National Flood Insurance Act of 1968, 42 U.S.C.…
Taxpayer Forest R. Preston appeals the judgment of the tax court that certain payments made by Preston were not deductible as alimony under § 215 of the Internal Revenue Code.…
Plaintiff Mindis Metals, Inc. appeals the district court’s grant of summary judgment to defendant Transportation Insurance Company on plaintiffs claim for indemnification for its settlement with Eureka Foundry Company.…
United States v. Futrell Page 7192
This case involves, among other things, two issues of first impression in this circuit concerning the application of the Mandatory Victims Restitution Act of 1996, 18 U.S.C.…
Armindo v. Padlocker, Inc. Page 7193
Plaintiff Carine Armindo appeals the district court’s grant of summary judgment to defendant Padlocker, Inc., on Ar-mindo’s claim of pregnancy discrimination.…
210 F.3d 481 (5th Cir. 2000) MACK ORAN HILL Petitioner - Appellantv.GARY L JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION Respondent - Appellee No. 99-10801 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 20, 2000 [Copyrighted Material Omitted] Appeal from the United…
This is an enforcement action brought by the United States against Sage Pharmaceuticals, Inc., a manufacturer of prescription and over-the-counter drugs, and its president, Jivn Ren Chen (collectively, Sage).…
Miguel Angel Flores seeks habeas relief on two grounds.1 First, he urges that he did not receive effective assistance of counsel during the guilt and penalty phases of his trial.…
Toscano-Gil v. Trominski Page 7197
The linchpin to the Government’s challenge to the 28 U.S.C.…
United States v. Bazile Page 7200
Defendant-Appellant Johnny Bazile, Jr. was convicted on three counts of use of a firearm during a crime of violence, 18 U.S.C.…
Opinion for the Court by Circuit Judge RANDOLPH.…
ORDER Upon consideration of appellant Tri County Industries, Inc.’s motion to recall and modify the mandate issued March 20, 2000, it is ORDERED that the motion be granted to the extent provided in the amendment to the opinion below.…
Opinion for the Court filed by Chief Judge HARRY T.…
OPINION Plaintiff Dennis L. Martin appeals the district court’s order granting summary judgment in favor of defendant, Barnes-ville Exempted Village School District Board of Education.…
Iowa Beef Processers, inc. (“IBP”) brings this interlocutory appeal from the district court’s decision to grant the Plaintiffs’ motion to certify this case as a class action under Federal Rule of Civil Procedure 23(b)(3).…
The Bankruptcy Code authorizes the United States Trustee to collect “quarterly fees” from a party who files for Chapter 11 bankruptcy.…
210 F.3d 999 (9th Cir. 2000) In re: COOL FUEL,INCORPORATED,Debtor.COOL FUEL, INCORPORATED, a California corporation, Appellant,v.BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA,Appellee.…
Mitchell v. Franchise Tax Board Page 7211
Harry and June Mitchell (“Mitchells”) filed ■ an adversary complaint in their bankruptcy case against the California Franchise Tax Board (“FTB”) and the California Board of Equalization (“Board”) (together, the “State”) to determine the amount and dischargeability of taxes owed to the State.…
Jcm, Ltd. v. United States Page 7212
JCM, LTD. appeals the judgment of the United States Court of International Trade, 98-05-02248 (March 1, 1999), granting the motion of the United States to dismiss for lack of subject matter jurisdiction.…
211 F.3d 338 (7th Cir. 2000) Lowell E. Harter and Doretta Harter, Plaintiffs-Appellants,v.Iowa Grain Co., et al., Defendants-Appellees.…
Carolyn J. Gibbs (hereinafter “Appellant”) appeals from the final judgment in her ERISA action which awarded attorneys’ fees to both the Defendanb-Appellee, General American Insurance Company (hereinafter “General American”), and to the Intervenor Plaintiff-Appellees, Ashley C.…
Fletcher v. Apfel Page 7234
Plaintiff-Appellant Pamela Fletcher(“Fletcher”) appeals from the magistrate judge’s denial of her motion to reconsider its summary judgment in favor of Defendant-Appellant Kenneth S.…
Following a jury trial in federal district court, Arthur S.…
Vacated and remanded by published opinion.…
Habteselassie v. Novak Page 7303
Petitioner-Appellant Tesager Habtese-lassie was convicted of first degree murder in the Arapahoe County, Colorado District Court in 1991, and was sentenced to life in prison without parole.…
KENNEDY, J., delivered the opinion of the court, in which NORRIS, J., joined.…
Helwig v. Vencor, Inc. Page 7341
KENNEDY, J., delivered the opinion of the court, in which SILER, J., joined.…
SILER, J., delivered the opinion of the court, in which NORRIS, J., joined.…
210 F.3d 653 (6th Cir. 2000) KEVIN R. COOK AND K.…
Benjamin Matthew Logan appealed from convictions for conspiracy, see 18 U.S.C.…
United States v. Ronald D. Charles Page 7346
Ronald Charles pleaded guilty to possession of a stolen firearm in violation of 18 U.S.C.…
ORDER Upon consideration of the opinion of the Supreme Court we vacate our opinion in Ortega v. Roe, 160 F.3d 534 (9th Cir.1998).…
Dennis Mark La Crosse appeals the district court’s dismissal of his petition for a writ of habeas corpus, claiming that the California Supreme Court’s denial of his claim in 1996 did not act as a bar to federal habeas review.…
The Shakopee Mdewakanton Sioux (Dakota) Community and its wholly-owned corporation, Little Six, Inc., (collectively “Little Six”) appeal from the decision of the United States Court of Federal Claims denying their claim for a refund of federal excise taxes and related occupational taxes paid on gaming operations…
Rickey L. Potts v. United States Page 7359
210 F.3d 770 (7th Cir. 2000) Rickey L. POTTS, Petitioner-Appellant,v.United States of America, Respondent-Appellee.…
210 F.3d 779 (7th Cir. 2000) Allen FRAKE, in his capacity as Special Administrator of the Estate of Robert Frake, Plaintiff-Appellant,v.THE CITY OF CHICAGO, a municipal corporation, Defendant-Appellee.…
During the spring of 1989, Jerry Slusser and entities he controls came into possession of approximately $29 million that German investors had entrusted to International Participation Corporation (ipc) for investment in American financial markets.…
United States v. James G. Swanson Page 7362
One issue on this appeal presents an interesting question: Do "dead" marijuana plants add up to trouble for a defendant under the federal sentencing guidelines?…
Byers v. Dallas Morning News, Inc. Page 7363
BACKGROUND A. Procedural History On May 14, 1997, Plaintiff Robert C.…
Harris v. Apfel Page 7364
Pamela Ann Harris, on behalf of her minor daughter Dominisha S.…
Solely at issue is whether the district court abused its discretion by applying equitable estoppel to compel arbitration for an action centered on tortious interference with a contract with an arbitration clause, brought by signatories to the contract against non-signatories, the court holding that, because this…
Lighton v. University of Utah Page 7366
This appeal arises from a 42 U.S.C. § 1983 action for damages brought by Appellant John Lighten, a former assistant professor at the University of Utah (University), against Appellees James Ehler-inger and Karen McCreary — two University officials in their official and individual capacities.…
Bishop v. Reno Page 7526
This appeal requires us to determine whether a district court has subject matter jurisdiction to entertain habeas corpus relief for a foreign sentence of a United States citizen, who is serving the foreign sentence in the United States pursuant to treaty transfer.…
Appellants Hitachi Data Systems Corp. (“Hitachi”) and its insurer, Nissan Fire & Marine Insurance Co. Ltd. (“Nissan”), sued appellees Fritz Co., Inc. (“Fritz”) and Tower Air, Inc. (“Tower”) under the Warsaw Convention for recovery of damages arising out of the total loss*of goods carried by Fritz and Tower.…
Opinion for the Court filed by Chief Judge HARRY T.…
We must decide whether prior convictions based on nolo contendere pleas can be admitted into evidence for impeachment purposes.…
*1099ORDER Judge Kleinfeld voted to grant the petition for rehearing and the petition for rehearing en banc.…
Newton v. Apfel Page 7607
Plaintiff, Gloria D. Newton, filed a civil action under Section 205(g) of the Social Security Act, 42 U.S.C.…
Gros v. City of Grand Prairie Page 7608
Harry Crum appeals the denial of summary judgment on his qualified immunity defense in a 42 U.S.C.…
Ragan v. Commissioner Page 7609
Jacqueline Ragan appeals the Tax Court’s rulings on her motions for attorney fees and litigation expenses incurred in successfully defending claims made by the IRS which were not substantially justified.…
Vance v. Union Planters Corp. Page 7610
Yvonne Vance sued Union Planters Bank, N.A.…
In Re: Stuart J. Atlas, Vicki K. Atlas, Debtors. James O. Guy v. Patricia Dzikowski, Trustee Page 7611
This case requires us to decide an issue of first impression in this circuit: whether a bankruptcy court order imposing sanctions is final and appealable where the determination of damages remains outstanding.…
United States v. John Vincent MacKovich Page 7612
John Mackovich appeals his conviction and sentence for armed bank robbery (18 U.S.C.…
United States v. Maldonado-Acosta Page 7613
United States Sentencing Guideline (“U.S.S.G.”) § 5K1.1 specifically states that a downward sentencing departure for substantial assistance to the government may be granted “upon motion by the government.” We have held that the government’s motion for a departure for substantial assistance “is an unequivocal condition…
Dudley v. Angel Page 7749
This is an interlocutory appeal from an order of the district court denying summary judgment to individual state employees based on qualified immunity from liability under 42 U.S.C.A.…
Woolard v. JLG Industries, Inc. Page 7750
Roy Woolard was injured by the collapse of an aerial work platform (or “lift”).…
United States v. Hudson Page 7751
I. INTRODUCTION The United States appeals an order of the district court suppressing certain statements made by Peter Hudson and Tammy Riness to agents of the United States Border Patrol.…
The State of Utah filed an action in federal district court seeking to intervene in a lease approval process between an *1195 Indian tribe and a private party.…
Mattel, Inc., produces and markets, among other products, the well-known line of Barbie dolls to which it added in 1998 the “Pearl Beach Barbie.” Unbeknownst to Mattel, Pearl Beach was the trade name under which plaintiff Katherine Walter had done business as a commercial illustrator since 1978.…
210 F.3d 1017 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.THOMAS ALBERTO ROMERO-AVILA, DefendantAppellant.…
Stephen P. Lenker v. Methodist Hospital Page 7771
Stephen Lenker sued his employer, Methodist Hospital, under the Americans With Disabilities Act, for failing to accommodate him.…
Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Senior Judge MINER and Judge DUFFY joined.…
Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge LUTTIG and Senior Judge MICHAEL joined.…
United States v. Arevalo-Tavares Page 8052
Defendant was convicted of one count of illegal reentry after deportation in violation of 8 U.S.C.…
211 F.3d 57 (3rd Cir. 2000) JACQUELINE PEARSON, Individually and as Parent & Natural Guardian of Lindsay Pearson,v.BRUCE MILLER; LUZERNE COUNTY CHILDREN & YOUTH SERVICES, INC.LUZERNE COUNTY CHILDREN & YOUTH SERVICES, INC., Defendant/Third-Party Plaintiffv.KIDSPEACE NATIONAL CENTERS FOR KIDS IN CRISIS…
United States v. Irvine Hodge, Jr. Page 8073
OPINION OF THE COURT This appeal stems from Irvine Hodge’s judgment and conviction entered on March 10, 1999, finding him guilty of violating federal law for “affect[ing] commerce” by robbery and for possession of a firearm during the commission of a crime of violence as well as finding him guilty for robbery in the…
Reinhart Institutional Foods (Reinhart) appeals the district court’s admission of hearsay through the expert testimony of a vocational rehabilitation counselor.…
210 F.3d 1322 (11th Cir. 2000) AT&T WIRELESS PCS, INC., Plaintiff-Appellant,v.CITY OF ATLANTA, et al., Defendants-Appellees.…
In the Matter Of: Constance P. Mercer, Debtor. At&t Universal Card Services v. Constance P. Mercer Page 8077
AT&T Universal Card Services (“AT&T”) appeals the bankruptcy court’s determination that Constance P.…
United States v. James L. Tenzer Page 8078
213 F.3d 34 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.JAMES L.…
United States v. Jannie L. Shumpert Hood Page 8169
NATHANIEL R. JONES, J., delivered the opinion of the court, in which MOORE, J., joined.…
United States v. Orville Marrowbone Page 8171
Orville Marrowbone appeals his conviction for having sex with a person who was incapable of declining participation in or communicating an unwillingness to engage in sex.…
Rita Moreno Gallegos v. Mt. Sinai Medical Center and Unum Life Insurance Company of America Page 8172
Rita Moreno Gallegos was an employee of Mt.…
Opinion by Judge MANELLA; Partial Concurrence and Partial Dissent by Judge KLEINFELD.…
Linnie Nelson applied for Social Security disability benefits, but an administrative law judge denied her application, concluding that she was not disabled.…
210 F.3d 1025 (9th Cir. 2000) MURRAY WEINER,Plaintiff-Appellant,v.SAN DIEGO COUNTY, Defendant-Appellee.…
Kenneth Paul Dows v. Tana Wood Page 8178
Kenneth P. Dows (“Dows”), a Washington prisoner convicted of first-degree rape, appeals from the district court’s denial of his 28 U.S.C.…
United States v. Elimelech Naiman Page 8183
Elimelech Naiman appeals from the judgment of the United States District Court for the Eastern District of New York (Charles P.…
In this diversity action, filed pursuant to 28 U.S.C.…
210 F.3d 666 (6th Cir. 2000) WOODROW W. DAWAHARE, PLAINTIFF-APPELLANT,V.ADAM A.…
United States v. Lonnie Allen Thomas Page 8188
BELL, D. J., delivered the opinion of the court, in which COLE, J., joined.…
This is an employment discrimination case.…
Jim Gall Auctioneers, Inc. (“Gall”) appeals the district court’s award of summary judgment to the defendant, the City of Coral Gables (“City”), in this commercial speech case.…
Sealed Appellant 1 (“Appellant”), an attorney admitted to the bar of the United States District Court for the Eastern District of Louisiana, appeals from a disciplinary order entered against him by that court pursuant to Local Civil Rule 83.2.10E of the Rules of Disciplinary Enforcement of the United States District…
Plaintiffs Gerald and Jacqueline Sczep-anik appeal the district court’s order granting summary judgment in favor of defendant State Farm.…
ON PETITION FOR REHEARING (Opinion March 10, 2000, 5th Cir., 2000, 205 F.3d 253).…
Eric M. Kane seeks review of the February 17, 1998, decision of the Merit Systems Protection Board, MSPB Docket No. CB1216960013-T-1, approving and adopting the portions of the recommended decision of the Chief Administrative Law Judge (CALJ) holding that Kane violated the Hatch Act, 5 U.S.C.…
210 F.3d 672 (6th Cir. 2000) THE LINCOLN ELECTRIC COMPANY, PLAINTIFF-APPELLEE/ CROSS-APPELLANT,V.ST.…
Ritch v. Robinson-Humphrey Co. Page 8245
In this case, Appellants Ernest Ray Ritch and Mary J.…
United States v. James Page 8246
Sylvester James appeals his conviction for one count of interstate transportation in aid of racketeering, 18 U.S.C.…
Davis v. Comr. of IRS Page 8247
This case presents the issue of whether the portion of a judgment paid directly to the taxpayer’s attorneys pursuant to a contingency fee arrangement is taxable as income to the taxpayer.…
This action arises from the October 22, 1995 theft of computer parts from a warehouse located near Miami International Airport.…
Abel v. Dubberly Page 8249
Plaintiff Abel appeals the district court’s granting of a renewed motion for judgment as a matter of law as to her Title VII claim against her former employer, Defendant Fulton County, and her section 1983 claim against her former supervisor, Defendant Gladys Dennard.…
Proffitt v. Federal Deposit Insurance Page 8250
208 F.3d 1066 (D.C. Cir. 2000) Billy Proffitt, Petitionerv.Federal Deposit Insurance Corporation, Respondent No. 98-1534 United States Court of AppealsFOR THE DISTRICT OF COLUMBIA CIRCUUIT Filed April 28, 2000 On Petitioner's Petition for Rehearing En Banc Before: Edwards, Chief Judge, Silberman, Williams, Ginsburg…
210 F.3d 1036 (9th Cir. 2000) JOHNNIE L. COCHRAN, JR., Plaintiff-Appellant,v.NYP HOLDINGS, INC., a Delaware Corporation; ANDREA PEYSER, Defendants-Appellees.…
In September 1995, Plaintiff George R. Tosello filed a claim for a refund of more than $25,000 in personal income tax that he had paid in 1984.…
Opinion for the Court filed by Circuit Judge SILBERMAN.…
Weber, Calvin J. v. United States Page 8268
Opinion for the Court filed by Circuit Judge SILBERMAN.…
On June 16, 1997, a multi-count second superseding indictment was filed in the Northern District of Illinois charging Robert Daniel Ward and Rodney Ellis, along with nine codefendants, for conduct relating to a large-scale drug distribution conspiracy.…
Allied Tube and Conduit Corporation (“Allied”) brought suit under the Carmack Amendment, 49 U.S.C.…
In Re: Quy Van Nguyen, Debtor. Robert G. Mayer, Trustee-Appellant v. Quy Van Nguyen, Debtor-Appellee Page 8271
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILLIAMS and Judge KING joined.…
Sammy Geraci v. Daniel Senkowski, Supt. Page 8272
Sammy Geraci appeals from an order of the United States District Court for the Eastern District of New York (Gleeson, J.) dismissing Geraci’s petition for a writ of habeas corpus, under 28 U.S.C.…
United States v. William Kinney and Kevin Kelly, Also Known as John Moore, Also Known as Jack Murphy Page 8273
William Kinney and Kevin Kelly (“defendants”) were convicted of conspiracy and mail fraud based on their involvement with a fundraising effort for a law enforcement charity.…
In 1980, Louise Rombach began working for Nestle USA, Inc. at the Nestle Chocolate and Confections plant in Fulton, New York.…
As almost every red-blooded American knows, the National Football League (“NFL”) televises most of its weekly football games.…
United States v. Efrain Campa-Fabela Page 8417
A jury convicted Efrain Campa-Fabela of illegal reentry into the United States and possession with intent to distribute methamphetamine in violation of 8 U.S.C § 1326 and 21 U.S.C.…
Gore v. Trans World Airlines Page 8450
Andrew Gore appeals the district court’s1 dismissal of his case due to preemption under the Railway Labor Act (RLA), 45 U.S.C.…
Brian K. Thompson appeals from his conviction on numerous drug trafficking and money laundering charges and from the resulting sentence imposed by the district court.…
Sandella S. Spears appeals from the district court’s 1 entry of summary judgment in favor of her former employer, the Missouri Department of Corrections (the Department), on her claims of retaliation and constructive discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
Joseph DiCarlo fell from a stepladder. He and his wife, Mary Kay DiCarlo, brought this suit to recover for resulting injuries, the defendants being the manufacturer of the ladder, Keller Ladders, Inc ., and the firm believed to have sold the ladder, Builder’s Square, Inc. For convenience, we refer to the defendants…
210 F.3d 845 (8th Cir. 2000) Louis Kampouris, Appellant,v.The St. Louis Symphony Society, Appellee.…
United States v. Mark E. Clayton Page 8461
Mark Clayton appeals from the district court’s 1 denial of his motion to suppress evidence.…
For this 28 U.S.C. § 1292(a)(3) interlocutory appeal, the issue is one of first impression: can a seaman’s preferred maritime lien for 46 U.S.C.…
Daniel v. Pearce Page 8484
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT RUTH S.…
This case arises out of the award to defendant The Wharf (Holdings) Limited (Wharf) of a franchise to operate Cable Network Communications Limited (CNCL), a cable television system in Hong Kong.…
Pastran v. K-Mart Corporation Page 8489
Plaintiff Moses Pastran filed an action in federal district court against Defendant K-Mart Corporation.…
United States v. Pearson Page 8490
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal.…
210 F.3d 696 (6th Cir. 2000) SANDRA VANDENBROECK, AN INDIVIDUAL; EUGENE NICHOSON AND CAROL NICHOSON, HUSBAND AND WIFE; ABEL SOTO AND DENISE SOTO, HUSBAND AND WIFE, PLAINTIFFS AND CLASS REPRESENTATIVES-APPELLANTS,V.COMMONPOINT MORTGAGE COMPANY, FKA ANDERSON REALTY, INC., FKA ALLSTATE MORTGAGE & FINANCIAL…
Sharon Floss v. Ryan's Family Steak Houses, Inc., Kyle Daniels v. Ryan's Family Steak Houses, Inc. Page 8523
OPINION With these appeals, consolidated for purposes of decision, the Court reviews whether employees effectively waived their rights to bring actions in federal court under the Americans with Disabilities Act, 42 U.S.C.…
Han Giok Han v. Stanford University Page 8525
In 1980, defendant Stanford University hired plaintiff Han Giok Han as a cook in a Food Service Worker (FSW) Level I position.…
210 F.3d 1041 (9th Cir. 2000) UNITED STATES OF AMERICA,Plaintiff-Appellee,v.JERRY BOBBY REEVES, Defendant-Appellant.…
Tony D. Garrett v. United States Page 8527
After the district court 1 denied Tony D.…
Scott A. Fountain v. United States Page 8528
Nine years after his direct appeals to this Court, on April 1, 1997, Petitioner Scott A.…
United States v. Marcus C. Durham Page 8529
On January 22, 1997, a federal grand jury returned a one-count superceding indictment charging Defendant-Appellant Marcus Durham (“Durham”) with conspiring to distribute and possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C.…
United States v. Charlie Lawuary Page 8530
211 F.3d 372 (7th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.CHARLIE LAWUARY, Defendant-Appellant.…
From 1987 to 1997, Rodney Spath was a production worker for the Hayes Wheels International-Indiana, Incorporated (Hayes Wheels or employer) facility in Huntington, Indiana.…
Steven J. Holman and Karen L. Holman v. State of Indiana and Indiana Department of Transportation Page 8532
211 F.3d 399 (7th Cir. 2000) Steven J. Holman and Karen L.…
United States v. Samuel Whitt Page 8533
On December 20, Y995, a federal grand jury sitting in the Northern District of Indiana returned a one count indictment charging Samuel Whitt with conspiracy to distribute cocaine, in violation of 21 U.S.C.…
United States v. Emad Jamal Hassan Page 8534
On November 20, 1998, after a bench trial, the district court found Emad Jamal Hassan guilty on two counts of food stamp fraud in violation of 7 U.S.C.…
United States v. Mark Pike Page 8535
On September 11, 1998, a federal grand jury sitting in the Northern District of Indiana returned a six count indictment against Mark Ira Danewood Pike.…
Pamela J. Tylka, H. Joshua Chaet, Cheryl Keller v. Gerber Products Company, a Michigan Corporation Page 8536
In February and March of 1996, Pamela Jean Tylka, H.…
Craig Garbie v. Daimler Chrysler Corp. Page 8537
Six plaintiffs filed suit in Illinois, seeking to represent a class of auto buyers and lessees whose vehicles had not been painted properly.…
United States v. Paul Taliaferro Page 8538
While Paul Taliaferro was serving a 70-month sentence for armed robbery, he pled guilty to possession of marijuana by an inmate in violation of 18 U.S.C.…
Plaintiff-Appellant Robert D. Riley appeals the take-nothing judgment of the district court in his ERISA 1 suit against Defendant-Appellee Administrator of the SuperSaver 401K Capital Accumulation Plan for Employees of Participating AMR Corporation Subsidiaries (“the Plan”).…
Bos Daily, L.C., Desert View Dairy, L.C., and Rio Grande Dairy, L.C.…
United States v. Preston Page 8545
Martha Marie Preston appeals the district court’s denial of her motion to vacate, set aside, or correct her sentence under 28 U.S.C.…
Lopez-Elias v. Reno Page 8546
This case requires the court once again to construe the criminal alien removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L.…
John C. Anderson v. United States Department of Transportation, Federal Highway Administration Page 8547
The Federal Highway Administration (FHWA) has vision requirements that apply to drivers of commercial motor vehicles.…
Peter J. Sallas petitions for review of the decision of the Railroad Retirement Board (RRB) denying a waiver of recovery of overpaid benefits.…
Michael Shands appeals the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C.…
Stump v. Gates Page 8551
Sara Stump and Andrew M. Ocrant (“Plaintiffs”) filed this action in the district court seeking damages for violation of their federal rights pursuant to 42 U.S.C.…
United States v. Al-Ahmad Page 8552
Defendant Mike Mohammad Alahmad appeals his conviction under the International Parental Kidnapping Crime Act (IPKCA), 18 U.S.C.…
212 F.3d 1076 (8th Cir. 2000) HELM FINANCIAL CORPORATION, A CALIFORNIA CORPORATION, APPELLANT,v.MNVA RAILROAD, INC.; DAKOTA, MISSOURI VALLEY & WESTERN RAILROAD, INC.; LARRY C.…
United States v. David J. Moskal Page 8578
David J. Moskal entered a plea of guilty to three counts of mail fraud in violation of 18 U.S.C.…
Section 4454 of the Balanced Budget Act of 1997 creates exceptions to the Medicare and Medicaid Acts for persons who have religious objections to the receipt of medical care.…
I agree with the majority’s conclusions that Coleman was not prejudiced by the concealment of the Hemastix and bloody print evidence and that the commutation instruction was constitutionally deficient under Boyde v. California, 494 U.S. 370, *1054380, 110 S.Ct.…
When does a federal judgment of conviction become final?…
OVERVIEW Upon receiving an anonymous tip, the government investigated Robert Elzay De-pew, the defendant-appellant, for illegally growing marijuana in his home.…
United States v. Idaho Page 8583
At issue in this case is the ownership of submerged lands lying within the present-day boundaries of the Coeur d’Alene Indian Reservation, which was originally set aside by executive order in 1873.…
Snoring Relief manufactures SnorBan, an anti-snoring mouthpiece that it seeks to sell without a prescription.…
United States v. Jeffrey Szakacs, Daniel Spanley, John M. Neff, Tyrone Noble and Brian Baloski Page 8585
Five defendants who planned and attempted to carry out a robbery of a major Indiana gun store appeal their sentences for convictions on one count of conspiracy to steal firearms from a licensed firearms dealer.…
At the time Diana Harvey filed for protection under Chapter 13 of the Bankruptcy Code in September 1996, she owed $16,165 to General Motors Acceptance Corporation for her 1993 Oldsmobile Cutlass Supreme.…
Angel Carrera-Valdez v. Brian Perryman, District Director, Immigration and Naturalization Service Page 8587
Angel Carrera-Valdez came to the United States in 1980 during the Mariel boatlift exodus from Cuba.…
Brian Kossman brought this action against his employer, Northeast Illinois Regional Commuter Railroad d/b/a Metra (Metra), pursuant to the Federal Employers’ Liability Act, 45 U.S.C.…
United States v. Timothy B. Stokes Page 8589
A federal grand jury returned a four-count indictment against Defendant-Appellant Timothy Stokes (“Stokes”) charging him in Count one with distributing cocaine base, in Count two with possessing with intent to distribute cocaine base, in Count three with using a firearm during and in relation to a drug-trafficking…
En route from Minster, Ohio, to Monterrey, Mexico, a large machine press was severely damaged.…
Opinion for the Court filed by Circuit Judge ROGERS.…
Former employee Sandra Jarrett sued ERC Properties, Inc., for failure to pay overtime mandated by the Fair Labor Standards Act (FLSA), and for wrongful discharge under Arkansas law.…
Louise Casey v. City of St. Louis Page 8593
Louise Casey worked for many years as a secretary to the Zoning Administrator in the Building and Inspection Division of the City of St. Louis’s Department, of Public Safety.…
In this redhibition case arising under Louisiana law, Lindy Investments III, Magnolia Creek Apartments, and Magnolia Creek (collectively “Appellants”) challenge the district court’s order predicating the execution of the Appellants’ judgment upon return of defective siding to the manufacturer, Shakertown 1992, Inc.…
OPINION OF THE COURT This appeal requires us to interpret the “discretionary function” exception to the Federal Tort Claims Act’s general waiver of sovereign immunity.…
Oxford Capital Corp. v. United States Page 8604
This is an appeal from the decision of a magistrate judge that a levy imposed by the Internal Revenue Service (“IRS”) on bank accounts of Oxford Capital Corporation (“Oxford”) to satisfy tax liabilities of one of its subsidiaries was not a wrongful levy under 26 U.S.C.…
Vacated and remanded by published opinion.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.…
Atkinson Trading Co. v. Shirley Page 8609
Plaintiff-Appellant is a non-Indian New Mexico corporation operating several businesses-including a hotel, restaurant, cafeteria, gallery, curio shop, retail store, and RV park-on property held in fee simple but completely surrounded by Navajo Nation Reservation trust lands.…
211 F.3d 586 (11th Cir. 2000) Ohunene O. Lawal GLINTON, et al., Plaintiffs-Appellants,v.AND R, INC., a Georgia Corporation, et al., Defendants-Appellees.Michael Darby, and those persons similarly situated with Mr. Darby, Plaintiff- Appellant,v.Cobb Center Pawn and Jewelry Brokers, Inc., a Georgia corporation, N.Y.…
James v. Gibson Page 8630
Petitioner Terrance A. James was convicted of first degree murder in OMahoma state court and sentenced to death.…
Van Woudenberg Ex Rel. Foor v. Gibson Page 8631
Petitioner Samuel Raymond Van Woud-enberg was convicted of first degree murder and sentenced to death in Oklahoma.…
Hynes v. Energy West, Inc. Page 8632
Plaintiffs-Appellees Randy and Melissa Hynes (the “Hynes”) brought an action against Defendant-Appellant Energy West, Inc. (“Energy West”) after the Hynes were injured when natural gas that had accumulated in their apartment building exploded.…
United States v. Daniela Glauning Page 8640
Daniela Glauning appeals her conviction for possession with intent to distribute crack cocaine.…
Ravelo Monegro v. Rosa Page 8642
Plaintiffs brought suit in the United States District Court for the Northern District of California against the San Francisco Baseball Associates (“the Giants”), the Giants’ Latin America scout, Luis Rosa, and the Giants’ Minor League Coordinator, Jack Hiatt, for violations of federal and state law including sexual…
We must decide, in this car-chase criminal appeal, whether double-counting prevents a district judge from enhancing a defendant’s sentence for “endangering members of the public” and separately for endangering a person he knew to be a law enforcement officer.…
Opinion by Judge SCHWARZER; Dissent by Judge REINHARDT Husband and wife Grachik and Anik Rostomian, eighty and seventy-seven years old, respectively, are natives and citizens of Armenia.…
Petitioners Faramarz and Shelli Fayeghi filed a motion in the tax court to restrain collection of taxes.…
Plaintiff Clarissa Brady, acting as personal representative of the estate of her late son, sued the United States for wrongful death under the Federal Tort Claims Act (FTCA).…
Jones v. GNC Franchising, Inc. Page 8647
GNC Franchising, Inc., challenges the district court’s refusal to enforce a forum selection clause in its franchise agreement with Charles B.…
United States v. Ruben Hughes Page 8648
Defendant-Appellant Ruben Hughes (“Hughes”) was indicted and charged in Count one with conspiring to possess cocaine and cocaine base with intent to distribute, in violation of 21 U.S.C.…
United States v. Ruby Gardner Page 8649
On April 23, 1995, a fire occurred at the offices of Gardner Trucking, Inc. Thereafter, Ruby Gardner was charged with arson in violation of 18 U.S.C.…
Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge LUTTIG joined.…
211 F.3d 846 (4th Cir. 2000) PROVIDENCE SQUARE ASSOCIATES, L.L.C., Plaintiff-Appellee,and BONEY WILSON & SONS, INCORPORATED; HANNAFORD BROS.CO., Defendants-Appellees,v.G.D.F., INCORPORATED, t/a Rite Aid, Defendant-Appellant.PROVIDENCE SQUARE ASSOCIATES, L.L.C., Plaintiff-Appellant,v.BONEY WILSON & SONS…
United States v. Edward R. Butler Page 8652
OPINION A jury convicted Edward R. Butler of one count of bankruptcy fraud, in violation of 18 U.S.C.…
Tolliver v. Dobre Page 8659
In challenging the dismissal of his 28 U.S.C.…
United States v. Orozco-Ramirez Page 8660
Javier Orozco-Ramirez (Orozco-Ra-mirez), currently confined in a federal correctional institute in El Reno, Oklahoma, filed this federal habeas corpus motion in the United States District Court for the Northern District of Texas pursuant to 28 U.S.C.…
United States v. Deneen Sweeting Page 8678
OPINION OF THE COURT I. INTRODUCTION This matter comes before this court on an appeal by the government from a judgment of conviction and sentence entered in the district court on August 26, 1999, against the defendant Deneen Sweeting (“Sweeting”).…
Plaintiff-Appellant Barbara B. Butler appeals from a judgment of the United States District Court for the Southern District of New York (Charles L.…
Petitioner-Appeñant Ricardo Nova appeals from a judgment of the United States District Court for the Southern District of New York (Constance Baker Motley, Judge) denying his petition for a writ of habeas corpus.…
United States v. Marquez-Gallegos Page 8769
Hector Marquez-Gallegos (“Marquez”) appeals from a sentence imposed by the district court after he pled guilty to a charge of unlawful reentry.…
ORDER The Opinion filed February 17, 2000, slip op.…
United States v. Clarence Jones Page 8776
David L. Lewis, Esq., who served as appointed counsel for defendant-appellant on appeal and on petition to the United States Supreme Court for a writ of certiorari, has moved for permission to file a voucher for payment pursuant to the Criminal Justice Act (“CJA voucher”), 18 U.S.C.…
Seguros La Republica (“Seguros”) appeals from a default judgment of the United States District Court for the Southern District of New York (John F.…
Aqua-Aerobic Systems, Inc. appeals the summary judgment of the United States District Court for the Northern District of Illinois, 1 holding that Aerators Inc. and Frank Nocifora (collectively “Aerators”) do not infringe Aqua-Aerobic’s United States Patent No. 4,422,771 (“the ’771 patent”).…
United States v. Kenneth Eugene Allen Page 8795
211 F.3d 970 (6th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,v.KENNETH EUGENE ALLEN, DEFENDANT-APPELLANT.…
*966 OPINION In 1995 defendant herein, Beverly Roumph, as next friend for Lavina Roumph, filed a state tort action in the Wayne County Circuit Court in Michigan, based upon a sexuai assault upon her young daughter.…
210 F.3d 556 (5th Cir. 2000) DEREK JOHNSTON FINLAY, Petitioner-Appellant,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.…
Garnica-Vasquez v. Reno Page 8798
BACKGROUND Garnica-Vasquez was admitted to the United States as a lawful permanent resident in 1962.…
Freeman v. County of Bexar Page 8799
In this 42 U.S.C. § 1983 case, Appellant Lillian Freeman challenges the district court’s entry of summary judgment granting Officer John Jennings and Detective George Saidler qualified immunity.…
Defendants-appellants James and Elizabeth Sanders were convicted by a jury in the United States District Court for the Eastern District of New York, Seybert, J., of conspiring to remove, without authority, parts or property from a civil aircraft that has been involved in an accident and of aiding and abetting the same.…
209 F.3d 940 (6th Cir. 2001) Philip R. WORKMAN, Petitioner-Appellantv.Ricky BELL, Warden, Respondent-AppelleePhilip R.…
OPINION OF THE COURT Defendants appeal the grant of a permanent injunction in this civil action for securities fraud.…
In September 1998, St. Louis police officers discovered significant quantities of crack cocaine and powder cocaine while searching Grant Armin Berry’s residence and vehicle.…
Mayes v. Gibson Page 8858
210 F.3d 1284 (10th Cir. 2000) WILLIAM RAYMOND MAYES, Petitioner-Appellantv.GARY E.…
Opinion for the Court filed by Circuit Judge ROGERS.…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
ORDER DENYING REHEARING The panel, as constituted above, has voted unanimously to deny the petitions for rehearing.…
Opinion for the Court filed by Chief Judge EDWARDS.…
Opinion for the Court filed by Circuit Judge TATEL.…
In Re: Gerald E. Taylor Betty Taylor, Debtors. Gerald E. Taylor Betty A. Taylor v. United States Page 8919
Gerald E. Taylor and Betty A. Taylor appeal the district court’s 2 decision affirming the bankruptcy court’s 3 dismissal of their bankruptcy petition.…
Michael Holman, appeals from the district court’s2 denial of his petition for a writ of habeas corpus under 28 U.S.C.…
212 F.3d 398 (8th Cir. 2000) CERIDIAN CORPORATION, A DELAWARE CORPORATION, AS SUCCESSOR AND ASSIGNEE OF CONTROL DATA CORPORATION, PLAINTIFF-APPELLANT,v.SCSC CORP., A MINNESOTA CORPORATION FORMERLY KNOWN AS SCHLOFF CHEMICAL AND SUPPLY CO.; IRVIN SCHLOFF; RUTH SCHLOFF, DEFENDANTS,ALLIED MUTUAL INSURANCE COMPANY, AS…
212 F.3d 353 (7th Cir. 2000) RAY HANANIA and ALISON RESNICK, Plaintiffs-Appellants,v.BETTY LOREN-MALTESE, individually and in her official capacity as president of the Town of Cicero, TOWN OF CICERO, THE CICERO TOWN NEWS, CICERO TOWN REPUBLICAN ORGANIZATION, THE CICERO OBSERVER, BOARD OF TRUSTEES MICHAEL FREDERICK…
Kathleen Carr v. Marietta Corporation Page 8925
Plaintiff-Appellant Kathleen Carr appeals from a judgment of the United States District Court for the Northern District of New York (Frederick J.…
Michele M. Vitanza, Individually and as of the Estate of Timothy F. Vitanza v. The Upjohn Company Page 8928
This is an appeal from a March 1999 judgment of the United States District Court for the District of Connecticut, Dominic J.…
Sobley v. Southern Natural Gas Co. Page 8946
I. PROCEDURAL AND FACTUAL BACKGROUND George and Linda Sobley (the Sobleys) built their home in Columbus, Mississippi in 1993 and acquired a homeowner’s insurance policy through State Farm Lloyds.…
Gallas v. Supreme Court of Pennsylvania Page 8950
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 5-5-2000 Gallas v. Supreme Court of Pennsylvania, et al.…
213 F.3d 1221 (10th Cir. 2000) FEDERAL ELECTION COMMISSION, Plaintiff-Counter-Defendant Appellant,v.COLORADO REPUBLICAN FEDERAL CAMPAIGN COMMITTEE, Defendant-Counter-Plaintiff - Appellee.DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE; DEMOCRATIC CONGRESSIONAL CAMPAIGN COMMITTEE; COMMON CAUSE; DEMOCRACY 21; THE BRENNAN…
This case is before the court upon plaintiffs Motion for Clarification, filed on January 10, 2000.…
Plaintiff-Appellant Stanley Brown appeals the district court’s rulings compelling arbitration and denying Brown’s motion to vacate the arbitrator’s decision in favor of Defendant-Appellee ITT Consumer Financial Corporation (ITT).…
Vickey Horton Tapley v. Darrell Collins Page 8956
Vickey Tapley filed a lawsuit in federal district court against the City of Vidalia, and city officials Darrell Collins, William Torrance, and Ronnie Dixon contending that they had violated various state and federal rights of hers, including her rights under the Federal Electronics Communications Privacy Act, 18 U.S.C.…
Opinion by Judge CANBY; Partial Concurrence and Partial Dissent by Judge O’SCANNLAlN.…
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2000 FED App.…
United States v. James Smithers Page 9045
dissenting. I would hold that the district court’s decision to exclude Dr. Fulero’s testimony should be affirmed on the basis of Smith-ers’s delay in proffering it in its specifics to the court and Government.…
United States v. Kelvin Newlon Page 9047
We believe that this appeal raises a single issue, namely, whether the district court 1 erred in departing from the federal sentencing guidelines based on the atypical rehabilitative efforts of the defendant, Kelvin Newlon.…
We must decide whether the Younger abstention doctrine requires the dismissal of a federal lawsuit brought to vindicate rights under the Takings Clause of the federal Constitution because the plaintiffs analogous claims under state law were proceeding before a state court at the same time that the plaintiffs federal…
Thomas Mason v. United States Page 9051
Thomas Mason participated in a drug conspiracy from 1993-1996 in Elkhart, Indiana and along with his co-conspirators distributed at least 34.2 kilograms of cocaine during that time frame.…
Plaintiff-Appellant Brooklyn Bagel Boys, Inc. (“Brooklyn Bagel”), brought this diversity action against Defendant-Appellee Earthgrains Refrigerated Dough Products, Inc. (“Earthgrains”), claiming that Earthgrains wrongfully terminated a contract for the supply of bagels.…
We are asked to decide whether the sound of a package of marijuana being dropped into a vehicle is sufficiently distinctive to provide law enforcement officers reasonable suspicion to stop and search the vehicle.…
This appeal concerns the effect of a district court’s “so ordering” a stipulated settlement that requires the court to exercise its power to seal a case file.…
Defendants-Appellants James Truesdale and Ronald Hamilton appeal from the district court’s denial of their joint application for reimbursement of attorney’s fees.…
United States v. Thibodeaux Page 9128
The Government appeals the sentence imposed on Mark Ervin Thibodeaux following a guilty plea conviction.…
This is a government contract case. The contract at issue was between the Navy’s Military Sealift Command ■ (MSC) and Sea-Land Service, Inc., for the shipment of military supplies to and from the Middle East during the Gulf War.…
Weber v. Cranston School Committee Page 9135
Melissa Weber, mother of Samuel M. Weber, filed a seven-count complaint in the district court for the District of Rhode Island against the Cranston School Committee, committee members, and Cranston city officials in their individual and official capacities pursuant to 42 U.S.C.…
Defendant-appellant Capital Properties, Inc., owns a garage at the railroad station in Providence, Rhode Island.…
Motts v. M/V Green Wave Page 9140
An unfortunate sea accident and the tragic events that followed it require us to consider the relationship between general federal admiralty jurisdiction and the Death on the High Seas Act (“DOHSA”).…
Local 702, International Brotherhood of Electrical Workers v. National Labor Relations Board Page 9141
*14Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
United States v. Hunt Page 9149
212 F.3d 539 (10th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellant,v.ALLEN HUNT and MICHELLE D.…
212 F.3d 551 (10th Cir. 2000) In re: DURABILITY INC., Debtor.SCOTT P.…
United States v. Hughes Page 9151
The defendant, Edward Hughes, was convicted by a jury on one count of attempted extortion.…
Mattis v. Reno Page 9152
Before April 1996, lawful permanent resident aliens who were deportable because they had committed certain criminal offenses had one last hope to remain in the United States.…
United States v. Keith D. Denberg Page 9156
On November 12, 1998, a federal grand jury sitting in the Northern District of Indiana returned a four-count indictment against Keith D.…
The appellant, The Vons Companies, Inc., (Vons), seeks coverage for a $10 million dollar payment it made to settle two lawsuits in which it was sued under re-spondeat superior for the tortious actions of one Gene Shirley.…
To decide this petition we must first determine the extent to which recent immigration statutes limit the jurisdiction of federal courts to consider challenges to removal orders brought by aliens who are removable because they committed certain criminal offenses.…
United States v. Lewis Page 9166
Appellant Michael L. Lewis (“Lewis”) appeals from the district court’s revocation of his supervised release.…
Mark E. Graham appeals from the district court’s 1 denial of his 28 U.S.C.…
Betty Craig appeals from the district *435 court’s 1 judgment affirming the denial of her application for social security disability benefits under Title II of the Social Security Act, 42 U.S.C.…
United States v. Donald Wayne Marvin Page 9175
OPINION OF THE COURT I. Donald Wayne Marvin pled guilty to conspiracy, robbery, and the use of a firearm during a crime of violence.…
United States v. Patterson Page 9176
Plaintiff-appellant Gary Allen Patterson (Patterson) appeals the district court’s dismissal of his motion to vacate his sentence pursuant to 28 U.S.C.…
OPINION OF THE COURT This appeal presents several interesting questions- arising out of an alleged constitutional tort committed by a township school district and its superintendent in the arrest and prosecution of one of their teachers for the unlawful removal of school supplies.…
212 F.3d 199 (3rd Cir. 2000) PHYLLIS JASKEY JONES; PAMELA JO SWANSINGER; SANDRA JASKEY HUJARSKI; PATRICIA HUJARSKI; JANICE JASKEY BUTVIN; FRANK BUTVIN; ROBERT BUTVIN; BRIAN BUTVIN; SUSAN BUTVIN; WALTER ANIELSKI; ARLENE VANS; YVONNE VANS BEKOSCKE; ANTHONY VANS; GREGORY VANS; CAROL SCHULTZ; MARY SCHAFFER; BRITTANY CULL…
OPINION Defendants-Appellants Gregory Wells, M.D., and Ronald Lee Dillion appeal from their jury convictions on ten counts of narcotics crimes.…
OPINION This appeal raises the question whether a federal habeas petitioner’s disregard of a Michigan rule of appellate procedure, enacted after the petitioner’s state conviction but before the submission of his case to the Michigan Court of Appeals, may operate as an “adequate and independent state procedural bar” to…
United States v. Michael J. Canino Page 9346
Michael Canino is serving a term of 26 years’- imprisonment following his convic *384 tion as a “kingpin” of a continuing criminal enterprise that imported and distributed many tons of marijuana.…
Charles Kruger v. Kenneth S. Apfel Page 9347
In February 1998, Charles Kruger filed suit in district court challenging the Social Security Administration’s (SSA) final decision denying his application for disability benefits, He appeals the dismissal of his suit under Federal Rule of Civil Procedure 41(b) for failure to prosecute.…
Some litigants in pursuing settlement of their claims hold the belief that they can change their mind at any time before they actually sign the settlement agreement.…
OPINION OF THE COURT Leonard G. Tillman is a former prisoner who was assessed a fee of $10.00 per day for housing costs stemming from two periods of incarceration in a county facility for state parole violations.…
Barfield v. Madison County, MS Page 9536
Present and former employees of the Sheriffs Department in Madison County, Mississippi (collectively, Sheriffs Employees), brought this suit against defendants-appellees Madison County, Mississippi, individual members of Madison County’s Board of Supervisors, and Jessie Hopkins, in his official capacity as Madison…
McFarland v. Childers Page 9537
212 F.3d 1178 (10th Cir. 2000) AMY JEWEL MCFARLAND, Plaintiff-Appelleev.J.…
Robert L. Jones v. J. Wayne Garner, Chairman, State Board of Pardons and Paroles, Defendants Page 9538
In light of the Supreme Court’s decision in Garner v. Jones, — U.S. -, 120 S.Ct.…
United States v. Riley Page 9539
Steven Lawrence Riley appeals his convictions and sentences for conspiracy to commit armed bank robbery, in violation of 18 U.S.C.…
Peter R. Kachanis, Jr. petitions for review of the final decision of the Merit Systems Protection Board (“Board”) sustaining the refusal by the Internal Revenue Service (“Agency”) to restore Kachanis to full employment.…
Alfred E. Pierre appeals from a decision of the Court of Appeals for Veterans Claims denying his application for attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C.…
A seventeen year old male, whom we shall call “Doe,” appeals his conviction for aggravated sexual abuse under 18 U.S.C.…
The plaintiff appeals from the dismissal of her suit, on motion for summary judgment, for sexual harassment, and for retaliation for complaining about it, all in violation of Title VII.…
Plaintiff-appellant Dennis R. Bay appeals the district court’s decision granting summary judgment to Cassens Transport Company (“Cassens”) on Bay’s employment discrimination claims under the Americans with Disabilities Act .(“ADA”), 42 U.S.C.…
The plaintiffs sought judicial review of the refusal by the district director of the immigration service to adjust their status to that of lawful permanent residents of the United States.…
In Re Arthur L. Lewis, Jr. Page 9627
Chicago hires firefighters on the basis of a competitive examination plus additional criteria applied to those who achieve a passing score.…
Myers v. City of West Monroe Page 9634
BACKGROUND On May 18, 1995, and December 1, 1995, police officers stopped Margaret Ann Myers while she was driving her car.…
The Supreme Court of the United States, having vacated and remanded this case for further consideration in the light of Reno v. Condon, 528 U.S. -, 120 S.Ct.…
Jewish plaintiffs 1 brought this civil rights lawsuit in the United States District Court for the Southern District of Florida on behalf of themselves, and all others similarly situated, against Avis Renfc-A-Car System, Inc. (“Avis”).…
James Coates v. Thomas Byrd Page 9641
James Coates filed an application for a writ of habeas corpus pursuant to 28 U.S.C.…
Opinion for the Court filed by Circuit Judge WILLIAMS.…
White, Juanita v. Aetna Life Insurance Page 9861
Opinion for the Court filed by Circuit Judge TATEL.…
OPINION Richard L. Ravencraft filed suit in Kentucky state court for disability benefits under an employer-sponsored plan through defendant, UNUM Life Insurance Company of America (“UNUM”).…
OPINION In June of 1998 United States Customs Agents executed a warrant to search the premises of Music City Marketing (“Music City”) for drug paraphernalia; seizing various merchandise that they believed qualified as such in the process.…
OPINION Philip Plant appeals the district court’s grant of summary judgment to his former employer Morton International, Inc. (“Morton”) on his Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and state-law discrimination and wrongful termination claims.…
Maurer v. Joy Technologies, Inc. Page 9865
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2000 FED App.…
Br Mnstry Inc v. Rossotti, Charles O. Page 9867
Opinion for the court filed by Senior Judge BUCKLEY.…
Students at Penn High School 1 brought this suit against the Penn-Harris-Madison School Corporation (“PHM” or “the School”) for violating their Fourth Amendment rights against unreasonable searches and seizures.…
United States v. Tom Ray Wallace Page 9871
A jury convicted Tom Wallace for his role in an armed bank robbery, but acquitted him on a separate charge of using a firearm during a crime of violence.…
The Louisiana Insurance Guaranty Association (“LIGA”) appeals from a decision by the Benefits Review Board (“BRB”) of the United States Department of Labor concerning benefits awarded to Robert Bu-nol pursuant to the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).…
United States v. Edmund M. Autuori Page 9873
This case is one of several fraud prosecutions arising out of the failure of Colonial Realty Company (“Colonial”), a Connecticut real estate development and syndication company.…
United States v. Ronald Sentamu Page 9874
The United States appeals from so much of a judgment of conviction entered in the United States District Court for the Eastern District of New York, Charles P.…
212 F.3d 692 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.FRANCIS BONNET GRULLON, also known as Francis Bowmet, also known as Francis Bonnet, also known as Francis Bowmitt, also known as Francis Grullom, also known as Francis Bowmmet, and DWIGHT MARLON CARTER, Defendants-Appellants.…
Paul Shapiro, a licensed dentist, brought this diversity action against Berkshire Life Insurance Co. (“Berkshire”) contesting Berkshire’s denial of his claim for total disability benefits.…
In Re Gilbert P. Hyatt Page 9877
This is an appeal from a decision of the Patent and Trademark Office’s Board of Patent Appeals and Interferences.…
Bayer Ag and Bayer Corporation v. Elan Pharmaceutical Research Corporation and Elan Corporation, Plc Page 9878
Bayer AG and Bayer Corporation (collectively, “Bayer”) own United States Patent No. 5,264,446 (the “’446 patent”).…
The meaning of “a well grounded claim” as that term is used in the law governing veterans benefits is the issue before the court.…
Danny LeBlanc appeals a jury’s award of punitive damages to Gene Lewis, compensatory damages to Louisiana ACORN Fair Housing, Inc. (the “Appellees”), and the district court’s award of attorney’s fees to Appellees.…
Benjamin Franklin Moore appeals convictions following a jury trial for possession with intent to distribute cocaine base and being a felon in possession of a firearm and ammunition.…
Northeast Illinois Regional Commuter Railroad Corporation, D/B/A Metra v. Hoey Farina & Downes Page 10135
On March 4, 1998, Northeast Illinois Regional Commuter Railroad Corporation (d/b/a “Metra”) filed a complaint for declaratory and injunctive relief against Douglas Baethke and the law firm Hoey Farina & Downes (“Hoey”) in the United States District Court for the Northern District of Illinois.…
This case gives us the opportunity to clarify when the courthouse doors close on defendants who, under the Antiterrorism and Effective Death Penalty Act (AED-PA), have one year to file for relief under 28 U.S.C.…
United States v. Amoco Chemical Co. Page 10137
BFI Waste Systems of North America (“BFI”) appeals the district court’s order requiring it to execute a trust agreement agreeing to a specific share of the remediation costs of a Superfund site.…
Keith v. Rizzuto Page 10138
212 F.3d 1190 (10th Cir. 2000) RODNEY H. KEITH, as representative Plaintiff for CLANCY WAYNE KEITH and SHIRLEY H.…
OPINION OF THE COURT This appeal arises out of a factual setting of unusual corruption, involving a flooded portion of a warehouse resulting from a broken sprinkler head; a fraudulent insurance claim filed by a father and son; a cousin who took part in the scheme, but later testified against his relatives as a…
United States Environmental Protection Agency v. General Electric Company, Grand Street Artists Page 10385
Judge MINER dissents in a separate opinion.…
Padilla Garcia v. Guillermo Rodriguez Page 10386
This First Amendment case addresses political discrimination within a political party — specifically, whether direct support for members of a rival faction within a political party is sufficiently political to serve as the basis for a political discrimination claim.…
Arbitral awards are nearly impervious to judicial oversight.…
Bradley v. Nagle Page 10388
Danny Joe Bradley appeals the denial of his petition for habeas corpus, filed pursuant to 28 U.S.C.…
Opinion for the Court filed by Circuit Judge SENTELLE.…
Appellant Ronald Bartee (“Debt- or”) seeks review of an order sustaining the objection of Appellee Tara Colony Homeowners Association (“Creditor”) to his proposed Chapter 13 Plan (the “Plan”).…
We must once again examine the question whether a state court decision denying a petitioner’s ineffective assistance of counsel claim was contrary to or involved an unreasonable application of clearly established federal law as determined by the Supreme Court — this time in light of the Supreme Court’s recent decision…
Les Jankey appeals from the district court’s summary judgment in favor of Twentieth Century Fox Film Corporation (Fox) on his claim of disability discrimination under the public accommodations provisions of Title III of the Americans with Disabilities Act (the Act), 42 U.S.C.…
Alejandro Pacheco-Medina appeals his conviction and sentence for being found in the United States after he had been deported.…
A federal grand jury returned a fourteen count superseding indictment against co-Defendants Anthony Hall (“Hall”) and Scott Walker (“Walker”) on July 9, 1997, charging each of them: in Count one with *1018 conspiring to distribute methamphetamine and marijuana; and in Count two with conspiring to distribute LSD.…
John Walker has no vision in his right eye and poor vision in his left — though with corrective lenses, bright light, and concentration he can read.…
United States v. Patrick J. Ryan Page 10620
On November 20, 1996, Defendant-Appellant Patrick J.…
United States v. Tunji Kincaid Page 10621
In September 1998, Tunji Kincaid was arrested for criminal trespass to land after he parked his stalled car in the driveway of a vacant residence owned by Jack Chil-dress.…
Elite Erectors, which installed skylights, was obliged under collective bargaining agreements to contribute to the Sheet Metal Workers’ National Pension Fund and other trusts covered by erisa.…
Hershel Stanley, an inmate in Wisconsin’s prison system, wants to participate in a program for sex offenders, believing that successful completion will give him a boost when seeking parole or work release and reduce the chance that he will be civilly committed at the end of his criminal sentence.…
This motion to stay and revoke an order of disbarment concerns the scope of review appropriate for challenges to “reciprocal discipline” — disbarment or suspension summarily imposed after some other court has taken such action based on a plenary inquiry.…
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ELIZABETHTOWN GAS COMPANY, a Division of NUI Corporation, Petitioner, No. 99-1687 v. NATIONAL LABOR RELATIONS BOARD, Respondent.…
Willmar Electric Service, Inc. v. Cooke Page 10695
F I L E D United States Court of Appeals Tenth Circuit PUBLISH MAY 16 2000 UNITED STATES COURT OF APPEALS TENTH CIRCUIT PATRICK FISHER Clerk WILLMAR ELECTRIC SERVICE, INC., A Minnesota Corporation, Plaintiff-Appellant, v. No. 99-1221 M.…
Phuc Minh Nguyen v. Reno Page 10698
Phuc Minh Nguyen appeals from the dismissal of his habeas corpus petition, a petition that challenges an August 14, 1997, Board of Immigration Appeals (BIA) final order of deportation.…
This appeal requires us to revisit the final resting place of Mailman Steam Carpet Cleaning Corp. (the debtor).…
In this diversity action the district court entered summary judgment against Lilia Twombly, an AmeriCorps participant, on her breach of contract claims against her AmeriCorps contracting agency, the Association of Farmworker Opportunity Programs (AFOP).…
Perlito Capili Sulit and Estella Gonzales Sulit, natives and citizens of the Philippines, appeal the district court’s denial of their complaint for declaratory and injunc-tive relief and petition for writ of habeas corpus to prevent their deportation.…
Adler v. Federal Republic of Nigeria Page 10702
Opinion by Judge PREGERSON; Dissent by Judge NOONAN.…
Plaintiff Naomi Treece (“Treece”) filed a section 1983 federal civil rights suit against officer Steven Hochstetler (“Hochstetler”) of the City of Naperville police department and the City of Naperville (“City”), alleging that they maliciously prosecuted her.…
In the United States Court of Appeals For the Seventh Circuit Nos. 99-1640 and 99-1641 Consolidation Coal Company, Plaintiff-Appellee, Defendant-Appellee, v. United Mine Workers of America, District 12, Local Union 1545, Defendant-Appellant, Plaintiff-Appellant.…
This is a suit by an ERISA welfare plan and its administrator (only the latter is a fiduciary and hence a proper plaintiff, ERISA § 502(a)(3), 29 U.S.C.…
Carlos Enrique Perales was convicted in September of 1990 in California state court of possessing chemicals with the intent to manufacture methamphetamine, and he was sentenced to three years imprisonment.…
United States v. Ryan Canfield Page 10874
The government appeals the order of the United States District Court for the District of Connecticut suppressing evidence obtained against defendant-appellee Ryan Canfield.…
Plaintiff-Appellant^Cross-Appellee Dar-net Realty Associates LLC (“Darnet”) appeals, and Defendant-Appellee-Cross-Ap-pellant 136 East 56th Street Owners, Inc. (“Owners”) cross-appeals, from a June 21, 1999 judgment of the United States District Court for the Southern District of New York (Leonard B.…
The Federal Labor Relations Authority (the “Authority”) moves to dismiss Samuel M.…
Zeneca, Inc. v. Shalala Page 10878
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ZENECA, INCORPORATED, Plaintiff-Appellant, v. DONNA E.…
A member of this court in active service having requested a poll on whether hearing en banc should be granted, and a majority of the judges in this court in active service having voted in favor of granting a hearing en banc solely on the issue of whether this court’s holding in United States v. Hartley, 678 F.2d 961…
United States v. Nyhuis Page 10886
Douglas Nyhuis was tried and convicted in the Middle District of Florida on one count of conspiracy to possess, with intent to distribute, in excess of five kilograms of cocaine during the period from March, 1985, through.…
Gupta v. Florida Board of Regents Page 10887
The Florida Board of Regents (“Board”) appeals from a judgment entered against it pursuant to a jury verdict in this sexual harassment and retaliation case.…
Janet Maggio v. State of Florida Page 10888
Plaintiff-Appellee Janet Maggio (“Mag-gio”) brought this action against her employer, the State Department of Labor and Employment Security (“DLES”), and against Defendants-Appellants Cathy Sip-ple, Yolanda Dennis, Joyce McKenzie, Isa-bell Davis, Jerry Singletary, and Renee Benton, in their individual capacities.…
212 F.3d 226 (3rd Cir. 2000) ABDULLAH TANZIL HAMEEN, a/k/a CORNELIUS FERGUSONv.STATE OF DELAWARE CORNELIUS E.…
213 F.3d 500 (10th Cir. 2000) OUT OF LINE SPORTS, INC., Plaintiff-Appellant,v.ROLLERBLADE, INC., Defendant,BREIT, BOSCH, LEVIN & COPPOLA, P.C., Movant-Appellee.…
Defendant Cheryl Marie Gigley conditionally pled guilty to possession of methamphetamine with intent to distribute in violation of 21 U.S.C.…
Doyal v. Oklahoma Heart, Inc. Page 10923
213 F.3d 492 (10th Cir. 2000) CAROL DOYAL, Plaintiff - Appellantv.OKLAHOMA HEART, INC., Defendant - Appellee.…
Jerry Lee Smith v. United States Page 10929
213 F.3d 291 (6th Cir. 2000) Jerry Lee Smith, Petitioner-Appellee,v.United States of America, Respondent-Appellant.…
OPINION Michigan prisoner John Austin appeals the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C.…
C U Recovery, Inc. (CUR) appeals the district court’s adverse judgment in Deloris Kojetin’s action to recover damages for violation of the Fair Debt Collection Practices Act (FDCPA).…
Kauthar Sdn Bhd and three of its former attorneys, Daniel Voelker, William Howard, and William Factor, seek review of a bankruptcy court order sanctioning them for improper conduct during a bankruptcy proceeding.…
United States v. Melodie Kipta Page 10954
Defendant-appellant Melodie Kipta pled guilty to one count of bank fraud in violation of 18 U.S.C.…
Donald Harris v. Clarice Stovall Page 10955
OPINION This appeal of the denial of a habeas corpus application requires us to apply the provisions of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L.…
Maria A. Gregory was fired from her position as a Letter Technician with -the United States Postal Service (“Postal Service”) in Hinesville, Georgia, because she allegedly overestimated the delivery time of her route by about an hour and a half.…
212 F.3d 1272 (Fed. Cir. 2000) ADVANCED DISPLAY SYSTEMS, INC., Plaintiff-Appellee, and BAO GANG WU, Third Party Defendant-Appellee,v.KENT STATE UNIVERSITY and KENT RESEARCH CORPORATION, Defendants/Third Party Plaintiffs-Appellants, and KENT DISPLAY SYSTEMS, INC., Defendant/Third Party Plaintiff-Appellant.…
Edward W. Schroeder, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs Page 10996
DECISION Edward W. Schroeder appeals the February 8 and February 11, 1999 decisions of the United States Court of Appeals for *1267 Veterans Claims (the CAVC), 1 No. 97-0131, denying his request for en banc review of his claim for direct service connection for bilateral eye disorder and affirming the Board of…
Plaintiff-Appellant Janice Brown Dorn (“Janice”) appeals the district court’s grant of summary judgment in favor of the Defendant-Appellee Electricians Pension Trust Fund (“the Plan”), dismissing her claim, ostensibly pursuant to a Qualified Domestic Relations Order (“QDRO”), for continued payment of pension benefits…
Ellis v. Amex Life Ins Co Page 10998
Deborah Ellis (“Ellis”) appeals from the summary judgment granted to Life Insurance Company of North America (“Life”).…
United States v. Barry Hecht Page 10999
OPINION OF THE COURT Barry Hecht appeals his sentence, 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.…
OPINION OF THE COURT I. INTRODUCTION In a non-precedential memorandum opinion filed on March 27, 2000, we addressed several issues raised by Reginald Greene, the appellant in this case.…
Renato P. Mariani v. United States of America, Federal Election Commission (Intervenor in d.c.) Page 11002
OPINION OF THE COURT This proceeding is before us pursuant to 2 U.S.C.…
Shaw v. AAA Engineering & Drafting, Inc. Page 11027
I. INTRODUCTION One of these consolidated cases is a qui tam action brought under the False *523 Claims Act (“FCA”), 31 U.S.C.…
Miller v. Menghini Page 11028
213 F.3d 1244 (10th Cir. 2000) RICHARD J.…
Shaw v. United States Page 11029
213 F.3d 545 (10th Cir. 2000) DEBRA A. SHAW, PLAINTIFF-APPELLANT,v.UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,ANDAAA ENGINEERING & DRAFTING, INC., A UTAH CORPORATION; WILBUR L.…
Zenaida Garcia-Ayala appeals an order granting summary judgment for her former employer, Lederle Parenterals, Inc., in a suit that alleges wrongful termination and demands injunctive relief and compensatory and punitive damages under the Americans with Disabilities Act.…
Sands v. Ridefilm Corp. Page 11031
Plaintiff-Appellant Howard Sands brought suit for damages in the United States District Court for the District of Massachusetts against Defendants-Appel-lees Ridefilm Corporation and its vice-president, Bernard Plishtin.…
Opinion for the Court filed by Circuit Judge GINSBURG.…
JUDGMENT These appeals were considered en banc on the briefs and arguments of the parties.…
Opinion for the court filed PER CURIAM. Wisconsin Electric petitions for review and for a writ of mandamus, seeking: (1) a declaration that the Department of Energy must provide both monetary and non-monetary relief for having failed to begin disposing of Wisconsin Electric’s spent nuclear fuel (SNF) on January 31…
Gardner, Bruce E. v. United States Page 11035
Opinion for the Court filed by Chief Judge HARRY T.…
212 F.3d 945 (6th Cir. 2000) NATIONAL LABOR RELATIONS BOARD, PETITIONER/CROSS-RESPONDENT,V.ST.…
Rakesh Maini, his wife Jasmail Maini, and their sons Vikram and Arjum, petition for review of the Board of Immigration Appeals’ (BIA) decision dismissing their appeal from the denial of their applications for asylum and withholding of deportation.…
Manning v. Hayes Page 11043
In this insurance dispute, the estate of a deceased ERISA plan participant and the decedent’s ex-wife are battling over the proceeds to an ERISA plan providing life insurance benefits.…
Shaw v. AAA Engineering & Drafting, Inc. Page 11065
I. INTRODUCTION AAA Engineering & Drafting, Inc., Wilbur L.…
212 F.3d 798 (3rd Cir. 2000) ANTHONY NICINI, JR., Appellantv.EDWARD MORRA; NEW JERSEY DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES; FRANK CYRUS; JOHN DOE(S), a fictitious person or persons; XYZ ENTITY (IES), a fictitious entity or entitiesFRANK CYRUS, Appellee NO.…
Wilson v. Russo Page 11072
OPINION OF THE COURT Franklin Wilson was arrested and spent a month in jail for an armed robbery he did not commit.…
OPINION OF THE COURT Stanford Shane, Otis Terrell, and Robert Stewart, prisoners at New Jersey’s Northern State Prison, appeal the dismissal of their complaint under 42 U.S.C.…
OPINION OF THE COURT Appellant National Data Payment Systems, Inc. (“NDPS”) entered into a contract to purchase Meridian Bank’s (“Meridian”) merchant credit card business.…
212 F.3d 822 (3rd Cir. 2000) PNC BANCORP, INC., Successor to First National Pennsylvania Corporationv.COMMISSIONER OF INTERNAL REVENUE (Tax Court No. 95-16002)PNC BANCORP, INC., Transferee of Assets of First National Pennsylvania Corporationv.COMMISSIONER OF INTERNAL REVENUE (Tax Court No. 95-16003)PNC BANCORP, INC.…
HIH MARINE SERVICES, INC., Plaintiff-Counter-Defendant-Appellee, v. Rodger FRASER, M.D., d.b.a.…
This case arises out of a dispute concerning the payment of $5,750.00 in freight charges incurred when Trans-Pac Foods, Ltd. (Trans-Pac) arranged to send three truckloads of shrimp to Darden Restaurants, Inc. (Darden).…
Cheryl A. Gile v. United Airlines, Inc. Page 11354
concurring in part and dissenting in part.…
The question in this case is whether Schreiber Foods, Inc. (“Schreiber”) must arbitrate the grievance of its employees’ union, Local 75 of the International Brotherhood of Teamsters (“Teamsters”), pursuant to the arbitration clause of their collective bargaining agreement.…
Svetlana Galina and her husband have been ordered deported to Latvia.…
ORDER The opinion filed January 11, 2000 [200 F.3d 641], is amended as follows: Slip opinion page 333, last paragraph, through the first full paragraph on page 335 [200 F.3d at 646], substitute the following: Under Sandin, a prisoner possesses a liberty interest under the federal constitution when a change occurs in…
We must decide whether a federal agency properly determined an award of attorneys’ fees to a petitioner wrongly charged with violating that agency’s regulations.…
United States v. Olafson Page 11368
ORDER The opinion filed February 3, 2000 [203 F.3d 560], is hereby amended as follows: At slip opinion page 1166, first full paragraph [203 F.3d at 567], delete the following text on line 10: “Moreover, the burden of proof in a Rule 15(a) motion rests with the movant to demonstrate the necessity of preserving a…
The Civilian doctrine of compensation, codified in Louisiana as article 1893 of the Civil Code, provides, as a general rule, that when two persons owe each other reciprocal obligations payable in money (or quantities of fungible things identical in kind), and these sums (or quantities) are liquidated and presently…
OPINION OF THE COURT The issue in this appeal is whether the termination of a wholesale dealer’s contract for its refusal to acquiesce in an alleged vertical minimum price fixing conspiracy constitutes an antitrust injury that will support an action for damages under section 4 of the Clayton Act.…
U.S. Valves, Inc., Plaintiff-Cross v. Robert F. Dray, Sr., and Integrated Molding Technologies Page 11374
Robert F. Dray, Sr. (Dray) exclusively licensed his patent to U.S. Valves, Inc. in 1991.…
United States v. Juan Luis Romero-Tamayo Page 11383
Defendant Juan Luis Romero-Tamayo appeals from a judgment entered in the United States District Court for the Western District of New York following his plea of guilty before Richard J.…
George Mooney v. The City of New York Page 11384
213 F.3d 65 (2nd Cir. 2000) GEORGE MOONEY, Plaintiff-Appellant,v.THE CITY OF NEW YORK, Defendant-Appellee, Docket No. 99-9062August Term, 1999 UNITED STATES COURT OF APPEALSFor the Second Circuit Argued: April 11, 2000Decided May 22, 2000 Appellant appealed from an amended judgment of the United States District Court…
Tanya Buckner appeals from the district court’s order to remand for further administrative proceedings her application for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C.…
United States v. Marlon Reed Page 11387
213 F.3d 904 (6th Cir. 2000) United States of America, Plaintiff-Appellee,v.Marlon Reed, Defendant-Appellant.…
United States v. Jeffrey Lee Jackson Page 11388
OPINION Eighteen U.S.C. § 2119, the federal carjacking statute, states, as amended and in relevant part: Whoever, with the intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force…
United States v. Nicholas Vasquez Page 11390
Drug interdiction officers were examining the exterior of packages moving along a conveyor belt at the Federal Express parcel sorting station at the Minneapolis/St. Paul International Airport when a Federal Express employee brought a nondeliverable package to their attention.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Senior Judge HAMILTON joined.…
United States v. Sun Growers of CA Page 11396
Opinion for the Court filed by Circuit Judge ROGERS.…
Vencor, Inc. v. Physicians Mutual Insurance Page 11397
Opinion for the Court filed by Circuit Judge WILLIAMS.…
This appeal raises the question whether title to the bed of the Kukpowruk River in northern Alaska passed from the federal government to the State of Alaska when Alaska became a State in 1959.…
On this appeal, the principal question we consider is whether the “direct threat” defense available to employers under the Americans with Disabilities Act applies to employees, or prospective employees, who pose a direct threat to their own health or safety, but not to the health or safety of other persons in the…
In this petition for review, we must determine the extent to which a former spouse’s political views may be considered imputed to a petitioner.…
Opinion by Judge ALDISERT; Concurrence by Judge MICHAEL DALY HAWKINS.…
This is a consolidated direct appeal by three defendants convicted of various offenses stemming from a crack cocaine conspiracy.…
I. FACTS James Jackson, a male African-American, has been employed with the Rockford Housing Authority (RHA) since 1981, and currently serves as a development manager.…
United States v. Torres-Ramirez, Dan Page 11404
In the United States Court of Appeals For the Seventh Circuit Nos. 99-1791, 99-2316 & 99-2373 United States of America, Plaintiff-Appellee, v. Daniel Torres-Ramirez, John Douglas Byers, and Rickey W.…
United States v. Abel Chavez-Chavez Page 11406
Abel Chavez-Chavez, an alien unlawfully present in the United States, pleaded guilty to aggravated criminal sexual abuse — fondling the breasts of an 11-year-old girl.…
United States v. Jumo Dillard Page 11413
214 F.3d 88 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.JUMO DILLARD, Defendant-Appellant, Docket No. 99-1741August Term, 1999 UNITED STATES COURT OF APPEALSFOR THE SECOND CIRCUIT Argued: December 17, 1999Decided: May 22, 2000 Appeal from an order of detention pending trial entered by the United States…
Calvin Whitmore appeals from the denial of his petition for a writ of habeas corpus.…
United States v. Indalecio Arrellano Page 11415
Indalecio Arellano appeals from a final judgment entered in the District Court 1 for the District of Minnesota finding him guilty, pursuant to a written plea agreement, of aiding and abetting possession with intent to distribute methamphetamine, in violation of 21 U.S.C.…
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 5-23-2000 Holmes v. Pension Plan/ Bethlehem Steel Precedential or Non-Precedential: Docket 99-1619 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Holmes v. Pension…
213 F.3d 140 (3rd Cir. 2000) RUSSELL SHOATS, Appellantv.MARTIN HORN, in his official capacity as the Commissioner of the Pennsylvania Department of Corrections; PHILIP JOHNSON, in his official capacity as Superintendent of the State Correctional Institution at Greene No. 99-3603 UNITED STATES COURT OF APPEALS FOR THE…
Malchi v. Thaler Page 11419
Rick Thaler, Warden of the Telford Unit of the Texas Department of Criminal Justice, Institutional Division (“Warden”), appeals the district court’s grant of habeas corpus relief to Dobber Graham Malchi, Texas state prisoner # 675956.…
Johnston v. Volunteers of America, Inc. Page 11420
Volunteers of America Oklahoma, Inc. (“the VAO”) appeals from the order denying its motion for summary judgment seeking dismissal of the claims brought against it by its employees who work as Habilitation Training Specialists and Ha-bilitation Training Specialist Managers (“Habilitation employees”) in residences in…
Hoffmann-La Roche Inc. v. Invamed Inc. Page 11423
As part of a settlement of a patent infringement case, the plaintiffs dismissed their complaint.…
Appellants, J.C. and Charlene Bass (collectively “Bass”), appeal a summary judgment for the defendants in this Administrative Procedures Act suit challenging the Farm Service Agency’s (“FSA”) appraisal of farm property.…
United States v. Kyle Amsden Page 11450
While Kyle Amsden was serving time in state prison on assault and burglary convictions, he wrote to the victim of those crimes, threatening her with bodily harm and threatening her minor daughter with sexual assault.…
Petitioner Bernardo Ontiveros-Lopez seeks review of three decisions of the Board of Immigration Appeals (“BIA”).…
Neptune Orient Lines, Ltd. (“Neptune”) brought a claim against The Burlington Northern and Santa Fe Railway Company (“Burlington”) seeking indemnity and damages.…
ARCO Environmental Remediation (“ARCO”) brought this suit to obtain from the State of Montana documents pertaining to an environmental cleanup being conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C.…
Santiago Clemente v. Executive Airlines Page 11605
Plaintiff-appellant Jamir Santiago Clem-ente brought this disability discrimination action against her employer, defendant-appellee Executive Airlines, Inc., d/b/a American Eagle (“American Eagle”).…
United States v. Charles Page 11606
On April 24, 1997, a federal grand jury returned a three-count indictment charging Joseph A.…
212 F.3d 674 (1st Cir. 2000) SULAY JOBE, PETITIONER,v.IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT.…
Empresas Omajede, Inc. v. Bennazar-Zequeira Page 11608
This appeal presents a particularly ugly set of facts, in which a divorce and division of conjugal property have given rise to some five bankruptcy proceedings and thirteen adversary proceedings, which together have burdened the bankruptcy court, the district court, and now this Court.…
United States v. Olakunle A. Osoba Page 11610
OPINION Defendant Osoba requested funds for the purpose of obtaining expert psychological services for use during sentencing.…
George T. Qualley (“Qualley”) brought suit in the United States District Court for the Northern District of Iowa alleging that Clo-Tex International, Inc. (“Clo-Tex”) and John T.…
Remon Lee v. Mike Kemna, Superintendent Jeremiah (Jay) Nixon, Attorney General, State of Missouri Page 11613
dissenting. As Justice Fortas observed, “There is no higher duty of a court, under our constitutional system, than the careful processing and adjudication of petitions for writs of habeas corpus.” Harris v. Nelson, 394 U.S. 286, 292, 89 S.Ct.…
In Re Federal Communications Commission Page 11615
The Federal Communications Commission (“FCC”) petitions this Court for a writ of mandamus to the United States Bankruptcy Court for the Southern District of New York (Hardin, B.J.…
In this trademark case, we must decide whether an organization dedicated to providing a secular alternative for those seeking recovery from alcohol and drug dependency established secondary meaning in its name sufficient to exclude others from using a nearly identical mark.…
Plaintiffs, several Alaska Native communities, appeal from the district court’s summary judgment in favor of defendant, the United States Postal Service.…
Opinion by Judge WARDLAW; Dissent by Judge SILVERMAN.…
Balbir Singh (“Singh”) petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an Immigration Judge’s denial, of his motion to reopen deportation proceedings held in absentia.…
United States v. Jones Page 11635
Defendant-Appellant Paul Bradford Jones appeals from his conviction on two counts of interference with commerce by threats or violence (Hobbs Act), 18 U.S.C.…
United States v. Cruz Page 11636
David Cruz was indicted in December . 1995 and charged with participating in a drug conspiracy and related counts.…
Negron v. Caleb Brett U.S.A., Inc. Page 11637
At issue in this appeal is the scope of an exception to Puerto Rico Law 80, 29 L.P.R.A.…
213 F.3d 74 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.WADIH EL-HAGE, also known as Abdus Sabbur, Defendant-Appellant,FAZUL ABDULLAH MOHAMMED, also known as Harun Fazhl, also known as Fazhl Abdullah, also known as Fazhl Khan, MOHAMED SADEEK ODEH, also known as Abu Moath, also known as Noureldine, also known…
United States v. Hesham Ismail Page 11662
Hesham Ismail appeals from the sentence imposed after a plea of guilty by the United States District Court for the Southern District of New York (Richard M.…
219 F.3d 61 (2nd Cir. 2000) MONROE HALE, Plaintiff-Appellant,v.LOUIS MANN, Deputy Commissioner, sued in his individual capacity and THE STATE OF NEW YORK OFFICE OF CHILDREN AND FAMILY SERVICES, Defendants-Appellees, Docket No. 99-7326August Term, 1999 UNITED STATES COURT OF APPEALSFOR THE SECOND CIRCUIT Argued…
219 F.3d 52 (2nd Cir. 2000) VERNON GREEN, Plaintiff-Appellant,v.PHILLIP MONTGOMERY; EDWARD FITZGERALD, Police Officer; JOSEPH TROY, Police Officer; JOSEPH O'REILLY, Police Officer; EDWARD HOLMES, Sgt.; DANIEL GUIDO, Supervisor; SUFFOLK COUNTY POLICE DEPARTMENT; and COUNTY OF SUFFOLK; Defendants-Appellees.…
After a real estate deal fell apart, Home Valu, Inc. sued Pep Boys — Manny, Moe & Jack of Delaware, Inc. for the torts of negligent misrepresentation, strict responsibility misrepresentation, and intentional misrepresentation.…
In January 1993, the Social Security Administration (“SSA”) certified Sampson Strong (“Strong”) as a “representative *972 payee” to receive Supplemental Security Income (“SSI”) payments on behalf of his minor niece, Gloria Faye Cannon (“Gloria”).…
Cephus Bell v. Eastman Kodak Company Page 11668
The plaintiff filed a Title VII suit in which he claimed among other things that he had been denied a promotion on racial grounds, on the recommendation of his supervisor, Kachenmeister.…
United States v. William R. Gevedon Page 11669
William R. Gevedon (“William”) was found guilty by a jury in the Southern District of Indiana of seven counts of federal firearms violations.…
American Xyrofin, a manufacturer of food additives, was sold, merged, and reorganized early in 1996, with predictable consequences for some of its executives.…
Arnold Downs v. World Color Press Page 11671
Arnold Downs is receiving the exact level of retirement benefits to which the express terms of his pension plans entitle him, but he claims that he deserves more.…
On appeal from re-sentencing, the government argues that the United States District Court for the Northern District of New York, Scullin, J., should have applied a two-level sentence enhancement pursuant to U.S.S.G.…
United States v. Frandsen Page 11674
UNITED STATES of America, Plaintiff-Appellee, v. Marvin FRANDSEN, Bryan Morris, Defendants-Appellants.…
Brown v. Sikes Page 11675
212 F.3d 1205 (11th Cir. 2000) Raymond W.…
Monarch Tile, Inc. v. City of Florence Page 11676
MONARCH TILE, INC., Plaintiff-Appellant, v. The CITY OF FLORENCE, Defendant-Appellee.…
United States v. Ahmad Page 11728
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellant, v. SHAKEEL AHMAD, Claimant-Appellee, and $167,558.l86IN U.S. CURRENCY SEIZED FROM THE FIRST VIRGINIA BANK, ACCOUNT 90690044; $3,718.02IN U.S. CURRENCY SEIZED FROM THE FIRST VIRGINIA BANK, ACCOUNT 93905491…
Ronald Moskowitz appeals from his conviction by a jury and his sentence entered by Chief Judge Mukasey.…
Thypin Steel Co. v. Asoma Corp. Page 11734
Appellant Asoma Corporation (“Asoma”) appeals from a finding of admiralty in rem jurisdiction by the United States District Court for the Southern District of New York (Robert P.…
Leigh v. Warner Brothers, Inc. Page 11736
This appeal concerns the scope of a photographer’s copyright and trademark rights in his work, the role of the court in determining whether images are “substantially similar” for purposes of copyright, and the power of the court to rule on dispositive motions without first allowing broad discovery.…
ARKWRIGHT MUTUAL INSURANCE CO., Plaintiff-Appellant, v. NATIONSBANK, N.A., (SOUTH), f.k.a.…
In this case, the district court granted summary judgment on a common law tort claim for conversion (of stock certificates) and then directed the clerk of the court to “close” the case.…
Appellants Joel Arnold (“Arnold”) and Allen McDaniel (“McDaniel”) appeal the district court’s ruling as a matter of law that neither of them was entitled to compensatory damages on their claims for gender discrimination brought pursuant to 42 U.S.C.…
OPINION Sharon Pollard and her husband brought this action against her employer, DuPont, for “continuing harassment based on her sex since 1987” under Title VII, as well as the common law injuries of intentional infliction of emotional distress, negligent supervision, and loss of consortium.…
OPINION AMC Mortgage Company, Inc. appeals the decision of the district court affirming the dismissal of its Chapter 11 bankruptcy petition for failure to make payments due under the Chapter 11 plan.…
213 F.3d 947 (6th Cir. 2000) Christopher Machacek, Petitioner-Appellant,v.Gerald Hofbauer, Warden, Respondent-Appellee.…
United States v. George Blair (98-2051) and Connie Blair, Also Known as Launa Maikowski (99-1626) Page 11754
COLE, J., delivered the opinion of the court, in which BELL, D.…
OPINION Plaintiffs 1 , Roy V. Thomas and Eloise F.…
Wax 'N Works v. City of St. Paul Page 11758
Wax ’n Works appeals an order of the district court 1 that denied attorney’s fees *1018 after the court dismissed, for failure to state a claim, both counts in a lawsuit brought by Wax ’n Works.…
In re Executive Office of the President Page 11761
Opinion for the Court filed PER CURIAM: This matter involves an Emergency Petition for Writ of Mandamus, filed by the Department of Justice on behalf of the Executive Office of the President (“EOP”), challenging a discovery order by the District Court.…
Opinion for the Court filed by Circuit Judge WILLIAMS.…
Alameda Gateway (“Gateway”) appeals the district court’s grant of summary judgment in favor of the Army Corps of Engineers (“Corps”) and its denial of Gateway’s cross-motion for summary judgment.…
On August 25, 1994, a grand jury in the Northern District of Illinois returned a 43-count indictment charging the defendant-appellant, Herman Matthews, also known as “Yum,” and 17 others with a variety of drug-related offenses.…
Gregory Balderos, on Behalf of Himself and All Others Similarly Situated v. City Chevrolet Page 11765
The complaint in this class action suit against an automobile dealer and a finance company (and some associated individuals) charges, in 136 paragraphs, violations of the Truth in Lending Act, RICO, and state consumer-protection laws.…
United States v. Kip R. Jones Page 11767
214 F.3d 836 (7th Cir. 2000) United States of America, Plaintiff-Appellee,v.Kip R.…
United States v. Biliki Brimah Page 11768
The defendant Biliki Brimah was convicted and sentenced on one count of distribution of heroin in violation of 21 U.S.C.…
Lavonna J. Stinson Estate v. United States Page 11769
Lavonna Stinson owned valuable farmland in Fulton County, Indiana.…
The plaintiff, Andrew M. Rohman, brought this action in New York state court against Carmen J.…
United States v. Harold Gross Page 11805
This case presents an issue of first impression in this Court: whether a preliminary order of forfeiture is final and immediately appealable.…
I.Introduction Fernando Galindo-Del Valle petitions for review of the Board of Immigration Appeals’ affirmance of an immigration judge’s final order to remove Galindo-Del Valle from the United States.…
Appellants are three individuals who were hired by the Puerto Rico Department of Health to perform advocacy work for persons with AIDS.…
216 F.3d 886 (10th Cir. 2000) TOSCO CORPORATION, a Nevada corporation, Plaintiff-Appellee,v.KOCH INDUSTRIES, INC., as successor to Rock Island Oil & Refining Co., Inc., a Kansas corporation, Defendant-Appellant,SUN COMPANY, INC., (R&M), a Pennsylvania, corporation; ALPHA OIL COMPANY, an Oklahoma corporation…
213 F.3d 209 (5th Cir. 2000) VICTORIA RIZZO, Plaintiff-Appellee,v.CHILDREN'S WORLD LEARNING CENTERS, INC., Defendant-Appellant.…
In Re: Douglas C. Greene Page 11879
Douglas Greene is an Assistant Federal Public Defender who appeals from $300 in sanctions entered against him by Judge John McBryde.…
Arab Monetary Fund v. Hashim (In re Hashim) Page 11897
We must decide whether the bankruptcy court erred in denying comity to a British court’s unliquidated award of court costs and attorneys’ fees because the award was “repugnant to the principles of American jurisprudence.” I This is an appeal of the bankruptcy court’s order disallowing three identical claims filed by…
The district court dismissed with prejudice Bobby Ray Long, Jr.’s civil action for failure to timely file his witness and exhibit list.…
After Occupational Safety and Health Administration (OSHA) inspector, Tim Gainer, visited the Blue Island, Illinois, work site of Sierra Resources, Incorporated, Sierra was issued a nine-item “serious citation” 1 alleging violations of the OSHA standards dealing with lead exposure in construction work.…
United States v. Johnson, Robert Lee Page 11920
Robert Lee Johnson appeals his conviction for possession, with intent to distribute, of crack cocaine.…
United States v. Williams, John Page 11921
212 F.3d 1305 (D.C. Cir. 2000) United States of America, Appelleev.John Williams, Appellant No. 99-3058 United States Court of AppealsFOR THE DISTRICT OF COLUMBIA CIRCUIT Argued January 18, 2000Decided May 30, 2000 Appeal from the United States District Court for the District of Columbia(No. 98cr00288-01) Gabriel R.…
BCCI Holdings (Luxembourg), S.A. v. Khalil Page 11922
Opinion for the Court filed by Chief Judge EDWARDS.…
Mendenhall v. Riser Page 11923
213 F.3d 226 (5th Cir. 2000) JOHN MENDENHALL, Plaintiff-Appellee,v.THEODORE RISER, JR., individually and in his official capacity as Sheriff of Webster Parish; STEVE CROPPER, individually and in his official capacity as Webster Parish Deputy Sheriff; JAMES BELL, individually and in his official capacity as Webster…
Cooperman v. David Page 11925
Appellants Howard and Trudy Cooper-man (“the Coopermans”) appeal the district court’s grant of summary judgment in favor of Appellee Matt David, d/b/a/ Wyoming Rivers and Trails (‘WRT”) in this personal injury diversity action.…
United States v. Delreal-Ordones Page 11926
A single-count indictment charged Defendant Jose Delreal-Ordones with possession with intent to distribute in excess of one kilogram of methamphetamine in violation of 21 U.S.C.…
SAC and Fox Nation v. Pierce Page 11928
The State of Kansas imposes a tax, subject to enumerated exceptions, on the distribution of motor fuel to retailers within the State.…
United States v. Mojica Page 11929
Efren Rios Mojica appeals from a twenty-seven month sentence imposed for violation of 18 U.S.C.…
John Michael Borneman v. United States of America, John Michael Borneman v. United States Page 11931
Affirmed in part, vacated in part, and remanded by published opinion.…
Before this court are two consolidated appeals arising from the Pregnancy Discrimination Act case brought by Plaintiff-Appellee United States Equal Employment Opportunity Commission (“EEOC”) on behalf of a class of employees of Defen-danh-Appellant W&O, Inc., doing business as Rustic Inn (‘W&O”).…
Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission, Defendants Page 11936
Joe Marsh and Leroy Owens, former inmates at Butler County Jail in Green-ville, Alabama, appeal the district court’s dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of their complaint against Butler County, the Butler County Commission, and Sheriff Diane Harris in both her individual and official…
Annette Lepique v. Andrew C. Hove, Acting Chairperson for the Federal Deposit Insurance Corporation Page 11944
217 F.3d 1012 (8th Cir. 2000) Annette LePique, Appellant,v.Andrew C.…
Following her plea of guilty to one count of credit card fraud, the district court 1 sentenced Julianne K.…
Thomas Nevius v. E.K. McDaniel Warden, Order Page 11946
ORDER Thomas Nevius, a Nevada prisoner under sentence of death, seeks a certificate of appealability to permit him to appeal the district court’s denial of his successive petition for habeas corpus, filed pursuant to 28 U.S.C.…
213 F.3d 1179 (9th Cir. 2000) Octavia BELTRAN-TIRADO,Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.…
I. SUMMARY This case involves efforts by the Internal Revenue Service (IRS) to collect taxes owed by Petitioner’s corporation directly from Petitioner.…
Opinion by Judge NOONAN; Dissent by Judge CANBY.…
OPINION Plaintiffs, Gerald M. Brown and Nick D.…
RYAN, J., delivered the opinion of the court, in which BATCHELDER, J., joined.…
215 F.3d 687 (7th Cir. 2000) James T. Foster, Petitioner-Appellee, Cross-Appellant,v.James M.…
A failed attempt by several small Wisconsin companies to develop an integrated marketing and distribution consortium with the help of an Ohio software supplier ended with claims of fraud against the Ohio company.…
United States v. Christopher A. Moore Page 11958
Police arrested Christopher A. Moore on probable cause that he possessed child pornography after his apartment manager found a magazine outside of Moore’s residence bearing Moore’s name and containing pictures of nude children.…
Joseph M. Conley v. Village of Bedford Park Page 11959
Joseph Conley brought this action pursuant to the Vocational Rehabilitation Act of 1973 (the “Rehabilitation Act”), 29 U.S.C.…
Wyvill v. United Companies Life Insurance Page 11964
Appellant United Companies appeals from the judgment of the district court, entered upon a jury verdict, awarding substantial damages to two former employees under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C.…
Defendants Lafi Khalil and Gazi Ibra-him Abu Mezer appeal from judgments of conviction entered in the United States District Court for the Eastern District of New York following a jury trial before Reena Raggi, Judge.…
Dorrell R. Coulthurst v. United States Page 11966
Plaintiff Dorrell R. Coulthurst is a federal prisoner who was incarcerated at the Federal Corrections Institute in Danbury, Connecticut (“FCI-Danbury”) during the events that are the subject of this action.…
John T. BURKS, Claudia Cook, et al., Plaintiffs-Appellants, v. AMERICAN CAST IRON PIPE COMPANY, Defendant-Appellee.…
Smith v. City of Cumming Page 11970
James Soloman SMITH, Jr., Barbara Smith, Plaintiffs-Appellants, v. CITY OF CUMMING, a Municipal Corporation, Earl A.…
213 F.3d 765 (3rd Cir. 2000) JOSEPH LETTRICH, and all others similarly situated, Appellantv.J.…
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 5-31-2000 Courson v. Bert Bell Pension Plan & NFL Precedential or Non-Precedential: Docket 99-3279 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Courson v. Bert…
Gerald B. Shreiber v. Robert A. Mastrogiovanni the Internal Revenue Service Gerald B. Shreiber Page 11974
OPINION OF THE COURT In this appeal we are called upon to decide whether a federal cause of action should be implied to permit a plaintiff to sue an employee of the Internal Revenue Service (“IRS”) for damages resulting from a constitutional violation claimed to have occurred in connection with the assessment of a tax…
United States v. Bond Page 11975
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before KING, Chief Judge, and DUHÉ and DeMOSS, Circuit Judges.…
Defendant United States Postal Service (“USPS”) appeals from a supplemental judgment of the United States District Court for the District of Connecticut (Thomas P.…
Syed v. Hercules Inc. Page 11984
214 F.3d 155 (3rd Cir. 2000) SAJID L. SYED, Appellantv.HERCULES INC., a Delaware corporation; HERCULES INCORPORATED INCOME PROTECTION PLAN, an employee welfare benefit plan; HERCULES INCORPORATED, Plan Administrator of Disability Plan No. 99-5472 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued January 11…
Weitz v. Lovelace Health System, Inc. Page 11985
Plaintiff-Appellant Lorraine Weitz (“Weitz”) filed an action on behalf of her sister, Arlene Gutierrez (“Arlene”), and her niece, Loretta Gutierrez (“Loretta”) in federal district court against the United States, Lovelace Health and several of its employees and business affiliates (collectively, “Lovelace”) (a mental…
Frank H. Feichko originally brought this action in state court against his employer, the Denver & Rio Grande Western Railroad (D & RGW), and the Southern Pacific Transportation Company (SP) for injuries he sustained while he was standing in a parked D & RGW locomotive that was struck by a moving SP locomotive.…
United States v. Agne Page 11987
Defendant William G. Agne seeks reversal of his criminal convictions for wire fraud, bank fraud, and making a false statement on a loan or credit application (“false statement”).…
Almon v. Reno Page 11988
This opinion resolves all remaining issues related to the petition for writ of habeas corpus filed by Wilton K.…
Vega-Castro v. Commonweatlh of Puer Page 11989
Spurred by the Supreme Court’s changing explication of Eleventh Amendment jurisprudence, we recently determined that a non-consenting state cannot be sued in a federal venue by public employees who seek to enforce the penalty provisions of the Fair Labor Standards Act, 29 U.S.C.…
United States v. Louis Duclos Page 11990
This is an appeal from a conviction and sentence imposed by the United States District Court for the District of New Hampshire.…
OPINION Bluegrass Hosiery, Inc. appeals the district court’s order dismissing its case against Speizman Industries, Inc. on the basis that Bluegrass waived its right to assert its claims in this action by failing to assert these same claims as compulsory counterclaims in a previous state court action in North Carolina.…
United States v. Steven D. Moran Page 11993
Steven D. Moran has been convicted on his conditional plea of guilty to one count of being a felon in possession of explosives, in violation of 18 U.S.C.…
Gonzalez Ex Rel. Gonzalez v. Reno Page 11994
This case, at first sight, seems to be about little more than a child and his father.…
United States v. Tirso Kakatin Page 11997
In this case, we must answer the question whether the “safety valve” provision of 18 U.S.C.…
Craig F. Weighall v. Diane Middle Page 11998
Craig Weighall appeals the district court’s denial of his 28 U.S.C.…
O.U.R. Scientific International, Inc. (“OSI”) appeals from the decision of the United States District Court for the Southern District of New York denying its motion for summary judgment of non-infringement of U.S. Patent 4,780,898, and granting the cross-motion of Elekta Instrument S.A.…
United States v. Chester L. Adams Page 12004
OPINION • Chester Adams and his brother, Terry Adams, committed a series of carjackings and armed robberies in Memphis, Tennes *726 see during August and September of 1996.…
CLAY, J., delivered the opinion of the court, in which DAUGHTREY, J., joined.…
United States v. William J. Stoecker Page 12009
On March 4, 1997, a jury found William Stoecker guilty on numerous counts of bank fraud in violation of 18 U.S.C.…
Stephen Blacharski v. United States Page 12010
In February 1994, Stephen Blacharski and Robert Winter attached two cans of starting fluid (ether) to a pipe bomb constructed by Winter and John Day.…
Children born outside the United States, of alien parents, acquire U.S. citizenship automatically if before their eighteenth birthday they move to the United States, and one or both of their parents become U.S. citizens.…
We hope this musty Title VII case is one of the last we will see in which events straddle the enactment of the Civil Rights *805 Act of 1991.…
215 F.3d 758 (7th Cir. 2000) Willie Jacobs and Linda Siller, Plaintiffs-Appellants,v.City of Chicago , a municipal corporation; the estate of Sergeant Michael Garner; Officers Quintero, Buckner, McLean, Keith, and Garrido; and Metropolitan Enforcement Group Officers Huff, Martin, Sowinski, and McIntyre…
In RE LEROY RICHARDS, Appellant Page 12017
213 F.3d 773 (3rd Cir. 2000) IN RE: LEROY RICHARDS Nominal Respondent, Hon.…
In Re: Ricky McGinn Page 12020
Petitioner filed on April 11, 2000, a petition for leave to file a successive writ.…
State of Kansas v. United States Page 12021
Kansas brought this action for declaratory and injunctive relief in response to changes in child support enforcement policy brought about by Title III of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).…
Paul Clark v. James Stinson, Superintendent Page 12022
Petitioner-Appellant Paul Clark appeals from a judgment of the United States District Court for the Eastern District of New York (Trager, J.) denying his 1997 petition for a writ of habeas corpus brought under 28 U.S.C.…
Pueblo of Santa Ana v. United States Page 12023
The Pueblo of Santa Ana appeals the judgment of the United States Court of Federal Claims, holding that the United States did not violate the Fifth Amendment to the United States Constitution or *1339 breach its trust relationship by appropriating minerals, such as rock and gravel, from land near the Jemez Canyon Dam…
*468 ORDER Byron Jones seeks to appeal an order of the district court denying in part his motion for the return of property pursuant to Federal Rule of Criminal Procedure 41(e).…
Moore, William G. v. United States Page 12038
Opinion for the Court filed by Circuit Judge RANDOLPH.…
United States of America v. Armando Grimaldo, - United States of America v. Julio Escobedo-Romero Page 12039
Armando Grimaldo and Julio Escobedo-Romero appeal' their convictions for conduct related to a drug distribution conspiracy headed by Jose Grimaldo-Zamorron, Grimaldo’s brother.…
Jane Doe v. Fort Smith School Page 12040
United States Court of Appeals FOR THE EIGHTH CIRCUIT ________________ No. 99-1698 ________________ Jane Doe, 1; Jane Doe, 2; Jane Doe, * 3; Jane Doe, 4; Jane Doe, 5; John * Doe, 1, * * Appeal from the United States Appellees, * District Court for the * Western District of Arkansas.…
Richard Allen appeals from the district court’s 1 entry of summary judgment in favor of his former employer, Interior Construction Services, Ltd. (Interior), on his claim of discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C.…
Wanda K. Taylor appeals from the district court’s 1 grant of summary judgment on her claim of employment discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C.…
Venita Reeder appeals the district court’s summary judgment order in favor of the Commissioner of Social Security, affirming the Commissioner’s decision to deny her social security disability insurance benefits.…
United States v. Esther Y. Boyd Page 12048
Appellant Esther Boyd (“Boyd”) appeals from the district court’s order affirming the judgment of conviction and sentence imposed by the magistrate judge.…
214 F.3d 1058 (9th Cir. 2000) DOES I THRU XXIII, on behalf of themselves and all others similarly situated, Plaintiff-Appellant,v.ADVANCED TEXTILE CORPORATION, a corporation; AMERICAN INVESTMENT CORPORATION, a corporation; AMERICAN PACIFIC TEXTILE, INC., a corporation; CONCORDE GARMENT MANUFACTURERS CORPORATION, a…
214 F.3d 179 (D.C. Cir. 2000) Patricia Kidd, Appellantv.District of Columbia, et al.,Appellees Nos. 98-7075, 98-7100 United States Court of AppealsFOR THE DISTRICT OF COLUMBIA CIRCUIT Filed On: June 2, 2000 BEFORE: Edwards, Chief Judge; Silberman, Williams, Ginsburg, Sentelle, Henderson, Randolph, Rogers, Tatel and…
United States v. Klat, Susan Viola Page 12092
Opinion for the court filed by Circuit Judge HENDERSON.…
United States v. Milquette, Darryl Page 12094
In the United States Court of Appeals For the Seventh Circuit Nos. 99-2115, 99-2134, 99-2237 & 99-3403 United States of America, Plaintiff-Appellee, v. Darryl Milquette, Lyle Rivard, Stephen Putzlocker, and James Sherard, Defendants-Appellants.…
Mark A. Smith v. Ford Motor Company Page 12095
Mark A. Smith filed suit in Indiana state court against Ford Motor Company (“Ford”) alleging that the injuries he sustained from a car accident were the result of a defective product designed and manufactured by Ford.…
Lonnie Kimbro v. Pepsico, Inc. Page 12096
Lonnie Kimbro sued his former employer, Frito-Lay, for having violated the federal age discrimination law by firing him, allegedly on account of his being over 40.…
Orix Credit Alliance, Inc. (“OCAI”) appeals the district court’s (1) dismissal of its Complaint for Issuance of Preliminary Injunction, Permanent Injunction and Declaratory Judgment (the “declaratory judgment complaint”), and (2) denial of its subsequent motion for leave to amend the declaratory judgment complaint.…
Mallard Bay Drilling, Inc. v. Alexis Herman, Secretary of Labor, United States Department of Labor Page 12100
Mallard Bay Drilling, Inc. (“Mallard”) appeals the order of the Occupational Safety and Health Review Commission affirming a citation issued against it by the Occupational Safety and Health Administration (“OSHA”).…
Plaintiff-Appellant brought suit in federal district court asserting causes of action under federal statute and state common law.…
Reversed and remanded by published opinion.…
Vacated and remanded by published opinion.…
Petitioner Claudio Rivera-Jimenez and his family seek review of a final order of the Board of Immigration Appeals (BIA), denying their applications for suspension of deportation.…
United States v. Velarde Page 12106
Mel Lambert Velarde appeals his conviction by a jury on one count of aggravated sexual abuse of a child, in violation of 18 U.S.C.…
William M. Hanlin v. United States Page 12108
William M. Hanlin appeals from a decision of the United States Court of Federal Claims dismissing his complaint against the United States (“Government”) for lack of jurisdiction.…
Iris Collette Jackson and Dwight Dean Jackson appeal their convictions arising from a crack cocaine distribution endeavor based in Elk City, Oklahoma.…
*1187 ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.
United States v. Daniel Mark Wolfe Page 12164
Daniel Mark Wolfe pleaded guilty to conspiring to distribute methamphetamine, in violation of 21 U.S.C.…
214 F.3d 1082 (9th Cir. 2000) PATRICIA A.…
Solano v. Gulf King 55, Inc. Page 12169
Ten plaintiff seamen brought work-related personal injury actions against defendant vessel owners under the Jones Act.…
The United States and COMSAT Corporation (“COMSAT”) seek review of the judgment of the United States Court of Federal Claims, Stratos Mobile Networks USA, LLC v. United States, 44 Fed.Cl.…
In 1983, an Indiana state court jury convicted Elijah Moore of four counts of robbery and determined that he was a habitual offender.…
Dawn Joy Fashions, Inc., appeals from a judgment entered following a jury trial in the United States District Court for the Southern District of New York (Louis L.…
214 F.3d 350 (2nd Cir. 2000) CHARLES W., ANTHONY L., GEORGE K., on behalf of themselves and other similarly situated individuals, and MENTAL DISABILITY LAW CLINIC, TOURO LAW CENTER, Plaintiffs,ROY MCGHIE, Plaintiff-Appellee,v.THOMAS MAUL, in his official capacity of Commissioner of the New York State Office of Mental…
Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Chief Judge WILKINSON and Senior Judge HAMILTON joined.…
Michael Farrington appeals from Judge Parker’s dismissal of his habeas petition brought pursuant to 28 U.S.C.…
Plaintiffs-appellants Prayze FM (also known as Incom, L.L.C.), Mark Blake, and Loretta Spivey (collectively, “Prayze”) appeal from an order of the United States District Court for the District of Connecticut (Warren W.…
Franceskin v. Credit Suisse Page 12187
Guillermo V. Franceskin appeals from Judge Knapp’s order granting summary judgment to appellees Credit Suisse (“CS”), Lloyds Bank (“Lloyds”), and the Executor of the estate of Eugenio Durante (“the Executor”).…
214 F.3d 328 (2nd Cir. 2000) SYLVIA RODRIGUEZ, individually and on behalf of her minor child, LES ANDREW KELLY, Plaintiffs-Appellees,v.MARJORIE McLOUGHLIN, individually and as Executive Director of Cardinal McCloskey Children's and Family Services, BARBARA McMURRAY, individually and as Foster Boarding Home Director of…
Morganroth & Morganroth v. DeLorean Page 12189
Plaintiffs/appellees Mayer Morganroth and his law firm, Morganroth and Morgan-roth (hereafter Morganroth), filed this diversity suit to set aside a transfer of property as fraudulent.…
Fymbo v. State Farm Fire & Casualty Co. Page 12190
Plaintiff Donald E. Fymbo, a public insurance adjuster appearing pro se, brought this class action suit against defendant State Farm Fire and Casualty Company on behalf of himself as assignee of certain State Farm insureds and on behalf of other similarly situated State Farm insureds.…
In this appeal, we decide whether an excess insurer had a duty under Florida law, contractual or otherwise, to “drop down” and defend its insured prior to the cessation of the insured’s right to defense under its primary insurance policy.…
Jones v. Bill Heard Chevrolet, Inc. Page 12199
Plaintiffs-Appellants Cleopatra Jones and Delois Pritchett (“Plaintiffs”) brought this action against Defendant-Appellee Bill Heard Chevrolet, Inc. (“Heard Chevrolet”), for alleged violations of the Truth in Lending Act (“TILA”), 15 U.S.C.…
James H. Pugh, Jr. v. Comm. IRS Page 12200
This case features a taxpayer who seeks to take personal tax advantage from his S corporation’s insolvency.…
Bertha BOYD, Plaintiff-Appellee, v. Matthew BAEPPLER; David Wilsman, Defendants-Appellants Page 12201
WELLFORD, J., delivered the opinion of the court, in which BATCHELDER, J., joined.…
OPINION The sole issue presented in this appeal is whether federal income and self-employment taxes should be considered consumer debt for purposes of 11 U.S.C.…
In Re: Benedict Joseph Cook, Iii, Movant Page 12203
ORDER In 1988, a Tennessee jury convicted Benedict Joseph Cook, III, of three counts of aggravated rape and two counts of aggravated sexual battery.…
Kerry D. Ogden v. Wax Works, Inc. Page 12204
I. Wax Works, Inc. (Wax Works) appeals a post-trial order of the United States District Court for the Northern District of Iowa, 2 denying its motion for JAML, or, alternatively, new trial, following a jury verdict in favor of plaintifflappellee Kerry D.…
United States v. Lester Herron Page 12205
Lester Herron entered a conditional plea of guilty to interstate travel in aid of racketeering and to the use of a communication facility to further a drug-trafficking crime.…
Opinion for the Special Court filed PER CURIAM.…
213 F.3d 724 (D.C. Cir. 2000) General Instrument Corporation, Petitionerv.Federal Communications Commission and United States of America,RespondentsNational Cable Television Association, Inc., et al., Intervenors Nos. 98-1420, 98-1423, 98-1576, 99-1204, 99-1312, 99-1313 United States Court of AppealsFOR THE DISTRICT…
Opinion for the court filed by Circuit Judge HENDERSON.…
We must decide whether we have jurisdiction over the merits of this petition for review.…
215 F.3d 910 (9th Cir. 2000) ROBERT CHARLES COMER, Petitioner-Appellant,v.TERRY L.…
This case is an appeal from an order of the United States District Court for the Southern District of Illinois dismissing with prejudice the civil rights case of plaintiff Larry Spain and an order of sanctions against Mr. Spain’s counsel, Eric Vickers.…
Plaintiff-appellant Valentino Castro filed suit against his employer, defendant-appel-lee Board of Education of the City of Chicago, alleging (1) discrimination based *933 on age and national origin and (2) retaliatory conduct.…
Central Wisconsin and its medial artery, the Fox River, are a rich source of history, as this case reveals.…
Marking an X in either the “yes” or “no” box of a ballot might not seem like a particularly demanding task.…
United States v. Kelly Jo May and Lee Terry Page 12231
On October 8, 1998, a four-count indictment was filed in the Central District of Illinois charging Kelly Jo May and Lee Terry with events arising out of the armed bank robbery of the Champaign County Schools Employees Credit Union in Cham-paign, Illinois.…
United States v. Salvador A. Vivit Page 12232
concurring. I join the court’s opinion but add one thought.…
OPINION OF THE COURT I. BACKGROUND 1 The plaintiff, Neil E.…
*410 OPINION OF THE COURT I. INTRODUCTION This matter is before this court on an appeal by Esther and William Bein from an order of the district court entered August 18, 1999, denying their motion to amend or alter an order entered July 9, 1999, denying in part their motion pursuant to Rule 41(e) of the Federal Rules…
OPINION OF THE COURT Margaret Kelly Michaels (“Michaels”) appeals from the order granting the defendants’ motion for summary judgment and dismissing her § 1983 claims against them.…
This appeal raises a jurisdictional issue of first impression in this circuit: whether we have jurisdiction over an appeal from a magistrate judge’s final order and judgment when the clerk of the district court invited the parties to consent, through inaction, to the magistrate judge’s final disposition of their case.…
Joyce Ann Reynolds v. Golden Corral Corp. Page 12237
Joyce Ann Reynolds appeals from the magistrate judge’s opinion and order that granted summary judgment to Golden Corral on Reynolds’s claims for Title VII quid pro quo and hostile environment sexual harassment and for retaliation.…
United States v. Bates Page 12239
UNITED STATES of America, Plaintiff-Appellee, v. Marvin Lyne BATES, Defendant-Appellant.…
Dillard v. City of Greensboro Page 12240
The City of Greensboro, the defendant in this action under § 2 of the Voting Rights Act, 1 appeals an order awarding the plaintiffs attorney fees.…
Nabisco, Inc. and Nabisco Brands Company (collectively, “Nabisco”) appeal from Judge Motley’s order granting summary judgment to Warner-Lambert Co. on Nabisco’s trademark infringement and unfair competition claims arising out of the marketing of competing, breath-freshening chewing gums.…
Brandi Wallace v. Korean Air Page 12245
concurring: I concur in the result and in the majority’s able discussion of the Warsaw Convention, but I write separately because I would decide the case on a ground the majority avoids.…
217 F.3d 72 (2nd Cir. 2000) CELLULAR PHONE TASKFORCE, et al., Petitioners,CELLULAR TELECOMMUNICATIONS INDUSTRY ASSOCIATION, NATIONAL ASSOCIATION OF BROADCASTERS, ASSOCIATION FOR MAXIMUM SERVICE TELEVISION, INC., ELECTROMAGNETIC ENERGY ASSOCIATION, and AT&T WIRELESS SERVICES, INC., Intervenors,v.FEDERAL…
Vacated and remanded by published opinion.…
Gibbs v. Babbitt Page 12280
214 F.3d 483 (4th Cir. 2000) CHARLES GILBERT GIBBS; RICHARD LEE MANN, III; HYDE COUNTY, NORTH CAROLINA; WASHINGTON COUNTY, NORTH CAROLINA, Plaintiffs-Appellants,v.BRUCE BABBITT, Secretary of the Interior, in his official capacity; UNITED STATES FISH AND WILDLIFE SERVICE; UNITED STATES DEPARTMENT OF THE INTERIOR; JAMIE…
Welch v. City of Pratt, KS Page 12286
Petitioner Michael E. Welch was convicted in a Kansas state court of driving under the influence of alcohol.…
John A. Begala, Steven W. Borchers, Cynthia Edwards v. Pnc Bank, Ohio, National Association Page 12296
*778 OPINION Plaintiff John Begala filed his first lawsuit against PNC Bank on January 23, 1997.…
215 F.3d 550 (6th Cir. 2000) Ella Bartell, Plaintiff-Appellant,v.Loretta Lohiser; Gerald Rein; Michael Roxberry; Lloyd Fett; State of Michigan; Michigan Family Independence Agency, in the County of Jackson; Patricia Kempter; Patrick Okoronkwo; Lutheran Social Services, of Michigan; Frank Van Goethem; Woodbridge…
Rebecca Cravens appeals from a final order entered in the United States District Court for the Western District of Missouri granting summary judgment in favor of Blue Cross & Blue Shield of Kansas City (“BCBS”) on her claim pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C.…
The United States Trustee,. Stanley, sought disgorgement of payments previously received by appellee, McCormick, Barstow, Sheppard, Wayte & Carruth, counsel for the former debtor in possession, because the estate did not have enough money to pay all the administrative expenses.…
Nicholas Victor Fleming, Jr., (“Fleming”) appeals from a judgment of conviction under 18 U.S.C.…
Today we are invited to read RICO as establishing a federal products liability scheme complete with treble damages and attorney fees for the benefit of end-users of defective products who never relied on manufacturers’ alleged misrepresentations of product quality.…
In Re: Bennie E. Demps Page 12327
Bennie Demps, a Florida state prisoner who is scheduled for execution at 6:00 P.M., on Wednesday, June 7, 2000, has filed a motion denominated as “an emergency motion requesting appointment of counsel to represent petitioner in accordance with 21 U.S.C.…
Reversed and remanded by published opinion.…
Recot, Inc. v. M.C. Becton Page 12329
Recot, Inc. (“Recot”) opposes the application of M.C.…
The petition for rehearing en banc filed by the United States is granted.…
OPINION OF THE COURT This case involves the interpretation of our immigration laws as they apply to Johann Breyer, a naturalized citizen who claimed, when faced with denaturalization, that he had been entitled to American citizenship by birth through his American-born mother.…
Smith v. Ingersoll-Rand, Co. Page 12460
Ingersoll-Rand Company appeals from a judgment entered following a jury verdict assessing a total of $27,268,661 in actual and punitive damages for injuries arising from an incident in which a machine manufactured by the company injured ap-pellee, Ron Smith.…
Stouffer v. Reynolds Page 12461
This case is before us for a second time.…
Security State Bank v. Commissioner Page 12462
In this appeal, we are faced with precisely the issue decided by the Eighth Circuit in Security Bank Minnesota v. Commissioner, 994 F.2d 432 (8th Cir.1993): whether § 1281 of the Internal Revenue Code, which requires certain taxpayers to accrue discount and interest income on certain short-term obligations, requires a…
Rose v. Yeaw Page 12465
Individually and on behalf of their disabled son, Wayne Rose, Jr., Wayne and Donna Rose filed a complaint in the district court for the District of Rhode Island against the Coventry School Department and several Coventry Public School officials in both their individual and official capacities (collectively, the…
OPINION The Commissioner of Internal Revenue (hereinafter “Commissioner”) issued notices of tax deficiencies to Michael and Madeline Friedman and Edward and Deborah Rosenthal 1 (hereinafter “Taxpayers”) for the years 1989 and 1990.…
United States v. Todd Dyer Page 12494
The defendant was convicted of mail fraud and related federal crimes arising from his operation óf a Ponzi scheme between 1991 and 1996, and Was sentenced to 70 months in prison.…
Edward Haven and Allen Welbel brought this action seeking the return of property allegedly belonging to them and their families.…
Cowart v. Ingalls Shipbuilding, Inc. Page 12555
BACKGROUND Plaintiffs Barbara Cowart and A.J.…
213 F.3d 254 (5th Cir. 2000) EDDIE M. BIGELOW, Plaintiff-Appellant,v.UNITED HEALTHCARE OF MISSISSIPPI, INC., f/k/a COMPLETE HEALTH OF MISSISSIPPI, INC., MUNICIPAL CORPORATION OF PASS CHRISTIAN, Defendants-Appellees.…
Chubb & Son, Inc. (“Chubb”), as subro-gee of Samsung Semiconductor, Inc. (“Samsung Semiconductor”), appeals from the judgment of the United States District Court for the Southern District of New York (Lorretta A.…
Plaintiff-appellee Bayway Refining Company (“Bayway”) paid federal excise tax on a petroleum transaction, as the Internal Revenue Code requires a petroleum dealer to do in a sale to a buyer who has not procured an exemption under the applicable tax provision.…
Judge CYNTHIA HOLCOMB HALL dissents in part by separate opinion.…
Securities & Exchange Commission v. Cochran Page 12565
This securities fraud action arises from the alleged acts and omissions of an employee of a bond underwriter that occurred while he was advising governmental agencies regarding the issuance of bonds and the interim reinvestment of the proceeds from the bond issues.…
Lucas Rosa v. Park West Bank & Trust Co. Page 12566
Lucas Rosa sued the Park West Bank & Trust Co. under the Equal Credit Opportunity Act (ECOA), 15 U.S.C.…
Before the court is a jurisdictional dispute involving two unions.…
United States v. Benally Page 12728
215 F.3d 1068 (10th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellant,v.TYRONE BENALLY, Defendant-Appellee.…
Thomas A. Demko and Penn Arms, Inc., appeal from the decision of the Court of Federal Claims denying their motion for summary judgment and granting the United States’ cross-motion for summary judgment.…
The General Accounting Office (GAO) denied Advanced Data Concepts, Inc.’s (ADC’s) bid protest.…
Febres v. Challenger Caribbean Corp. Page 12820
Ever since Justice O’Connor highlighted the importance of direct evidence of discrimination, see Price Waterhouse v. Hopkins, 490 U.S. 228, 276-77, 109 S.Ct.…
Bryan v. City of Madison MS Page 12822
Steve Bryan, a developer, wanted to build some apartments in Madison, Mississippi, so he contracted to buy some land that was zoned for apartments and began the process of submitting his plan to the mayor and board of aldermen.…
The City of Centraba, Washington (“Centraba”) brings this petition for review to challenge an order of the Federal Energy Regulatory Commission (“FERC” or “Commission”) requiring Centraba to conduct a study of thé effects of the Yelm Hydroelectric Project on the anadromous fish in the Nisqually River.…
213 F.3d 750 (D.C. Cir. 2000) Frazier Industrial Company, Inc., Petitionerv.National Labor Relations Board, Respondent No. 99-1297 United States Court of AppealsFOR THE DISTRICT OF COLUMBIA CIRCUIT Argued April 11, 2000Decided June 9, 2000 [Copyrighted Material Omitted] On Petition for Review and Cross-Application for…
Thomas v. National Labor Relations Board Page 12828
Opinion for the Court filed by Chief Judge HARRY T.…
Gardner, Bruce E v. United States Page 12829
Opinion for the Court filed by Circuit Judge ROGERS.…
In Re Vitamins Antitrust Class Actions Page 12832
Opinion for the Court filed by Circuit Judge WILLIAMS.…
Sareang Ye v. Immigration and Naturalization Service and United States Attorney General Janet Reno Page 12838
Sareang Ye petitions for review of a final order of deportation issued by the Board of Immigration Appeals (“BIA”).…
Donald Cashman and Scott Fedderly pleaded guilty to conspiring to distribute methamphetamine, in violation of 21 U.S.C.…
215 F.3d 608 (6th Cir. 2000) Andrew Hedgepeth, Celia Burson, David McCleary, and Gaynell Metts, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,v.State of Tennessee, State of Tennessee Department of Safety, and Mike Green, in his official capacity as Commissioner of the State of…
215 F.3d 820 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,v.ROBERT GEORGE JEFFERSON, ALSO KNOWN AS "TAZ-LOC," ALSO KNOWN AS "BUSTER," APPELLANT.UNITED STATES OF AMERICA, APPELLEE,v.YOLANDA DEAN, APPELLANT.UNITED STATES OF AMERICA, APPELLEE,v.ROBERT JAMES JEFFERSON, ALSO KNOWN AS "BABY TAZ," ALSO KNOWN AS…
Rosalie A. Deckard v. Kenneth S. Apfel, Commissioner of the Social Security Administration Page 13005
Rosalie Deckard fractured her left ankle at work when it was pinched between a pallet and a motorized pallet jack.…
United States of America v. Eric Gray Page 13007
After the district court denied his motion to suppress, a jury convicted Eric Gray of being a felon in possession of a firearm in violation of.…
Hector Morales Cervantes appeals from his conviction for manufacturing and possessing with intent to distribute methamphetamine, in violation of 21 U.S.C.…
Morales v. City of Los Angeles Page 13011
The plaintiffs allege in this action that police perjury and other misconduct occurring in a previous civil rights lawsuit caused them to lose that case, thus depriving them of their due process right of access to the courts.…
One of the most successful partnerships in the nation’s history began more than a quarter of a century ago in Kansas City, Missouri and ended in 1997 with the arrests of Ray Lewis Bowman and William Arthur Kirkpatrick.…
Petricca Development Limited Partnership and Berkshire Concrete Corporation (collectively: “Petricca”) appeal from various district court orders which dismissed their claims against defendant-appellee Pioneer Development Company (“Pioneer”) for breach of fiduciary duty and unfair or deceptive trade practices allegedly…
In Re: Jacobs Page 13098
IT IS ORDERED that the application of Billy D.…
United States v. Joseph Dees Page 13101
OPINION OF THE COURT I. INTRODUCTION This matter comes on before this court on an appeal by the Government from an order entered November 30, 1999, dismissing an indictment of the defendant, Joseph Dees, charging him with unauthorized use of access devices to obtain money, goods, and services aggregating more than…
Commander Oil Corp. v. Barlo Equipment Corp. Page 13102
This dispute requires us to decide whether the lessee of a 75’ X 250’ parcel of land in Uniondale, New York, may be held liable as an “owner” for purposes of allocating the costs of remediation imposed by the Environmental Protection Agency (“EPA”) under the Comprehensive Environmental Response, Compensation, and…
Plaintiff-appellant Zappia Middle East Construction Company Limited (“ZMEC”) appeals from an order of the United States District Court for the Southern District of New York (Wood, J.) dismissing its complaint for lack of subject matter jurisdiction.…
Jackson v. United States Department of Labor Page 13105
Appellants Kaiser Aluminum & Chemical Co. and several of its employees (collectively Kaiser) appeal a district court order enforcing subpoenas duces tecum issued by the Department of Labor’s Mine Safety and Health Administration (MSHA).…
Affirmed in part, vacated in part, and remanded by published opinion.…
United States v. Akers Page 13108
Montgomery C. Akers (“Akers”) appeals from the judgment of conviction of fourteen counts of bank fraud and one count of uttering and possessing a counterfeit security with intent to deceive.…
This case requires us to explore the gatekeeper function of the district court in determining the admissibility of expert witnesses under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct.…
John Corp. v. City of Houston Page 13530
Plaintiffs-Appellants The John Corporation and U.S. Vanguard, Limited, Inc. appeal from the district court’s judgment dismissing without prejudice their claims against the City of Houston and Cherry Moving Company, Inc., arguing that the lower court erred in finding that each of their federal claims is either unripe…
Easterwood v. Champion Page 13532
Roy Easterwood, an inmate appearing pro se, seeks to appeal from the denial of his third habeas petition, 28 U.S.C.…
217 F.3d 811 (10th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF - APPELLANT,v.MICHELLE CHERRY; LADONNA GIBBS; TERESA PRICE, ALSO KNOWN AS TERESA BROWN; SONYA PARKER, DEFENDANTS - APPELLEES,ANDJOSHUA PRICE, JR., ALSO KNOWN AS LIL' JUNE, ALSO KNOWN AS JUNE, ALSO KNOWN AS JUNE ANDERSON, DEFENDANT No. 99-7019 UNITED…
Opinion for the Court filed by Circuit Judge SENTELLE.…
Opinion for the Court filed PER CURIAM. In the Balanced Budget Act of 1997, Congress amended section 309(j) of the Communications Act of 1934 to require competitive bidding for commercial broadcast services, replacing the Commission’s historic practice of awarding such licenses through comparative hearings.…
Tax Analysts v. Internal Revenue Service Page 13536
Opinion for the Court filed by Circuit Judge SENTELLE.…
United States v. Grace A. Anglin Page 13542
Grace A. Anglin pleaded guilty to a single count of conspiracy to impede the United States in the ascertainment and collection of taxes.…
OPINION Petitioner Giuseppe Peter Pulice seeks review of the Board of Immigration Appeals’s final order of deportation.…
OPINION Plaintiff-Appellant Glynda L. Hall sued her former employer, Defendant-Appellee Baptist Memorial College of Health Sciences (the “College”), under Title VII, 42 U.S.C.…
Gerald Bavido wants the Social Security Administration (“SSA”) to let him see his medical records.…
220 F.3d 805 (7th Cir. 2000) Brian Zentmyer, Plaintiff-Appellant,v.Kendall County, Illinois, Richard Randall, Sheriff of Kendall County, Deputy Hawkins, Deputy Gawne, Deputy Hetzel, Deputy Flowers, Deputy Pfister, Deputy Walton, Deputy Howe, Deputy Blank and Deputy Klebba, Defendants-Appellees.…
United States v. Frank W. Simmons Page 13549
Pursuant to a plea agreement, Frank Simmons agreed to cooperate with the government and testify at the trial of Dwayne Reed.…
Bruce A. Ungerleider v. Robert P. Gordon Page 13551
Plaintiff-appellant Bruce A. Ungerleider appeals from a judgment of the United States District Court for the Middle District of Florida, Merryday, /., summarily disposing of his claims sounding in securities fraud, common law fraud, contract, civil theft and conversion.…
United States v. Probel Page 13552
Defendant-appellant Eric Scott Probel pled guilty to one count of transporting or shipping child pornography in violation of 18 U.S.C.…
Stephanie Walker Nyree Preston v. Cheryl Thompson Don Kingston Glasfloss Industries, Inc. Page 13556
This appeal is from a district court’s grant of summary judgment in favor of an employer in a race discrimination case.…
Opinion for the court filed by Circuit Judge GAJARSA.…
Alexey T. Zacharin v. United States Page 13564
Alexey T. Zacharin appeals the order of the Court of Federal Claims dismissing his patent infringement suit against the government.…
215 F.3d 628 (6th Cir. 2000) Erik Conte, Plaintiff-Appellee,v.General Housewares Corporation, Defendant,Dayton Power & Light Company, Defendant-Appellant.…
Union Pacific Railroad Company (UP) appeals from a final judgment entered in the United States District Court 1 for the *832 District of Minnesota in favor of Reilly Industries, Inc. (Reilly), on UP’s claims for recovery of environmental cleanup costs or contribution under the Comprehensive Environmental Response…
Sharon Denise Kennell v. Diahann Gates Page 13685
Officer Diahann Gates of the St. Louis Metropolitan Police Department appeals from the jury verdict finding her liable under 42 U.S.C.…
United States v. Terry Lee Brooks Page 13688
Terry Lee Brooks appeals his conviction and sentence for distribution of a controlled substance in violation of 21 U.S.C.…
On June 4, 1998, Defendants-Appellants Deborah Walton (“Walton”) and Kenneth Marsalis (“Marsalis”) were indicted and charged in a two count indictment, charging each of them with conspiring to carry and take away and carrying and taking away, with intent to steal, approximately $90,500.00 from a Citibank branch’s…
Opinion by Judge GRABER; Dissent by Judge PREGERSON.…
The issue before us is whether Franklin and Nona Coady were entitled to exclude from their 1994 gross income $168,217 for costs and contingent legal fees incurred in securing Nona Coady’s judgment for lost wages and benefits arising out of her wrongful termination.…
United States v. Sandro Jimenez Page 13693
Defendant Sandro Jimenez was charged with possession of a firearm by a felon in violation of 18 U.S.C.…
United States v. Yuan Qing Jiang Page 13694
Defendants each were indicted in the District of Guam on one count of smuggling aliens in violation of 8 U.S.C: § 1324(a)(1)(A)(i).…
Northern Telecom Limited (“Northern Telecom”) appeals from the United States District Court for the Northern District of California,-which granted summary judgment invalidating Northern Telecom’s United States Patent No. 4,030,967 (“the ’967 patent”) for failure to disclose the best mode contemplated by the inventor…
Paul L. CONTRERAS and Arnoldus Janssen, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee Page 13698
This case concerns the amount of annual leave accrued each pay period by certain federal civil servants who work more than a standard eight-hour shift and more than a standard 40-hour workweek.…
The petitioner White appealed to the Merit Systems Protection Board (“Board”) *1383 the Department of Veterans Affairs (“Department”)^' refusal to rehire her following her removal in a reduction in force.…
Ltv Steel Company, Inc. v. United States Page 13700
The government appeals the ruling of the Court of Federal Claims that pension payments made to certain former employees of the taxpayer’s predecessor companies were exempt from tax liability under the Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA).…
A Colorado state court jury convicted Petitioner-Appellant Eugene Romero of second degree burglary and theft over $300.…
United States v. McClatchey Page 13708
I. INTRODUCTION After a jury convicted Dennis McClatchey of one count of conspiracy and one count of violating the Medicare Antikickback Act (the “Act”), the district court granted McClatchey’s motion for acquittal on both charges.…
State of Idaho v. Lon T. Horiuchi Page 13920
215 F.3d 986 (9th Cir. 2000) STATE OF IDAHO, Plaintiff-Appellant,v.LON T.…
215 F.3d 253 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.ANTHONY LEONE aka "Shaggy", aka Donovan Lindo, EVELINE HENRY, aka "Rose", JOSEPH DODD, aka "Mikey", ANN MARIE MURDOCK, WINSTON GEORGE WEIR, aka "Bushy", LYNDAL CHARLES SCOTT, aka "Scotty", ROBERTA JAMES, EUGENE GAYLE, Defendants,DANIEL THOMPSON, aka…
OPINION OF THE COURT I. INTRODUCTION The issue presented in this case is whether the exercise by General Motors Corp. (“GM”) of its contractual right of first refusal violated § 818.9(b)(3) of the Pennsylvania Board of Vehicles Act (“the Act”), which prohibits an automobile manufacturer from unreasonably withholding…
United States v. Arturo Hernandez-Zuniga Page 13924
Following a bench trial, Defendant-Appellant Arturo Hernandez-Zuniga was convicted of possession of cocaine with intent to distribute.…
United States v. Gene Anthony Hochevar Page 13926
Defendant Gene Anthony Hochevar has moved in this Court pursuant to Fed. R.App.…
This appeal presents a question of first impression in this court involving the statutory provisions governing disability retirement for federal employees.…
In Re Baker Hughes Incorporated Page 13928
Baker Hughes Inc. appeals from the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences holding, in a merged reexamination proceeding involving U.S. Patent 5,074,991, that claims 1-9, 17-25, 35, and 42-45 are unpatentable under 35 U.S.C.…
215 F.3d 643 (6th Cir. 2000) United States of America, Plaintiff-Appellee,v.Jerry Pollard (98-5908) and Eddie Rodriguez (98-6118), Defendants-Appellants.…
OPINION This prisoners’ appeal in a § 1983 prison assault case is governed by 42 U.S.C.…
Casey A. Kennedy v. Superior Printing Company Local 419m Graphic Communications International Union Page 13937
OPINION This appeal arises out of a suit brought by Casey A Kennedy (Kennedy) against Superior Printing Company (Superior) *652 claiming that Superior wrongfully discharged him and also violated the Americans with Disabilities Act (ADA), 42 U.S.C.…
United States v. Julio Gonzalez Page 13938
Julio Gonzalez appeals from his conviction and sentence imposed for conspiracy, cocaine distribution, and money laundering.…
United States v. ASARCO Inc. Page 13939
I. BACKGROUND In 1983, the Environmental Protection Agency (EPA) placed the “Bunker Hill Mining Site” on the National Priorities List (NPL), a list of the most contaminated sites in the nation.…
Plaintiff Scott Fischer (“Fischer”) appeals the district court’s order denying his request for attorney’s fees.…
This case involves approximately 450 plaintiffs who own property in the Lake Tahoe Basin.…
Robert J. Norbeck was Chief Auditor at Basin Electric Power Cooperative (Basin) until an administrative reorganization in 1992 which moved him to a position with less responsibility.…
An indictment charged 14 persons with manufacturing and distributing methamphetamine.…
Johnnie Mitchell v. Lonnie Randolph Page 13964
Johnnie Mitchell had a successful, and so far as the record shows, uneventful, career with the City of East Chicago, Indiana, for 25 years.…
Chinyere Jenkins v. School Distric of KC Page 13965
The Jenkins class, representing the children of the Kansas City, Missouri School District in this school desegregation case, has appealed the district court’s order declaring the district unitary and dismissing the case with prejudice.…
Judge VAN GRAAFEILAND dissents in a separate opinion.…
United States v. Anthony Carmichael Page 13969
Anthony Carmichael appeals from a judgment entered by Judge Burns resen-tencing appellant under 28 U.S.C.…
United States v. Milton Gatlin Page 13970
The question presented, as a matter of first impression for this Court, is whether a civilian may be prosecuted in federal court for conduct on a United States military installation overseas.…
Ciraolo v. City of New York Page 13971
Judges CALABRESI and KATZMANN file separate concurring opinions.…
The sole question in this case is whether a certain deferred compensation plan is a so-called “top hat” plan and thus exempt *285from most of the substantive requirements generally imposed on deferred compensation plans by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C.…
United States v. One Parcel of Real Estate Page 13973
Ricardo Borroto, on behalf of his deceased wife Estella Borroto, contests the denial of Federal Rule of Civil Procedure 60(b) relief in this civil forfeiture action.…
United States v. Bunn Page 13975
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT In Re: 1997 GRAND JURY UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 99-2110 KERMIT BUNN, Defendant-Appellant, and TRI STATE ASPHALT CORPORATION, Party in Interest.…
OPINION OF THE COURT White Consolidated Industries, Inc. (“WCI”) appeals from an order entered by the District Court after a ten-day bench trial granting judgment in favor of Pension Benefit Guaranty Corporation (“PBGC”) on counts one and four of its complaint and, accordingly, holding WCI liable for certain unfunded…
This diversity action arises out of an article authored by Brian McCormick, an American Medical Association (“AMA”) employee, in which Mr. McCormick published statements concerning George R.…
Tillman v. Cook Page 13994
ElRoy Tillman appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C.…
Barker v. City of Del City Page 13996
Plaintiff Jana Barker appeals the grant of summary judgment to defendant, the City of Del City, Oklahoma, on her 42 U.S.C.…
United States v. John \"j.r.\" Morgan Page 13998
OPINION Defendant John “J.R.” Morgan appeals his jury conviction for being á felon in possession of a firearm in violation of 18 U.S.C.…
Jodie Henderson v. Simmons Foods, Inc. Page 14001
After a trial in district court, 2 a jury found that Simmons Foods, Inc. (Simmons) violated Title VII of the Civil Rights Act of 1964 and the Arkansas Civil Rights Act of 1993 by failing to remedy a hostile work environment and constructively discharging its employee, Jodie Henderson.…
United States v. Pedro Mezas De Jesus Page 14013
Pedro Mezas de Jesus was convicted in 1998 of being an undocumented immigrant in possession of a firearm in violation of 18 U.S.C.…
Insolia, Vincent v. Philip Morris Inc. Page 14044
If there were such a thing as moral estoppel, the outcome of this appeal would be plain.…
Beavers v. Saffle Page 14048
216 F.3d 918 (10th Cir. 2000) GARY ZANE BEAVERS, Petitioner - Appellant,v.JAMES L.…
Plaintiff Mendes Junior International Company (“Mendes”) seeks review of a *309 final judgment entered in the United States District Court for the Southern District of New York on July 2, 1998 (“July 2, 1998 Judgment”), Robert L.…
Opinion for the Court filed by Circuit Judge GARLAND.…
Opinion for the Court filed by Circuit Judge SENTELLE.…
Opinion for the Court filed by Circuit Judge GARLAND.…
Opinion for the court filed by Circuit Judge GINSBURG.…
United States v. Cicero, Kendrick A. Page 14056
Opinion for the Court filed by Circuit Judge GINSBURG.…
United States v. Ginyard, Harry A. Page 14057
Opinion for the court filed PER CURIAM. Concurring opinion filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
Barrick Goldstrike Mines Inc. v. Browner Page 14058
Opinion for the Court filed by Circuit Judge RANDOLPH.…
Opinion for the Court filed by Chief Judge HARRY T.…
Opinion for the Court filed by Circuit Judge GINSBURG.…
El-Hadad, Mohamed v. United Arab Emirates Page 14061
Opinion of the court filed by Circuit Judge GARLAND.…
United States v. Wesley Lee Ball Page 14062
Defendant Wesley Lee Bell appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C.…
United States v. Rice Page 14063
Defendant Otis Lee Rice appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C.…
Carmona v. Toledo Page 14064
Plaintiff-appellants appeal from the dismissal of their civil rights complaint against two unnamed officers of the Police Department of the Commonwealth of Puerto Rico and their supervisors.…
United States v. Footman Page 14065
A jury convicted Troy Footman of various federal crimes on evidence that he was a pimp, running a ring of prostitutes who were transported across state lines from Massachusetts to Delaware.…
In this matter, the district court, understandably deeming itself bound by our holding in Williams v. Ashland Eng’g Co., 45 F.3d 588 (1st Cir.1995), ruled that the plaintiffs’ action — brought to enforce claims under a labor and materials bond for wages and fringe benefit contributions allegedly due in respect to…
Rizek v. Securities & Exchange Commission Page 14067
Al Rizek was a vice president of Paine-Webber Incorporated of Puerto Rico.…
United States v. Rodríguez Page 14141
These are consolidated appeals from judgments of conviction entered upon jury verdicts.…
United States v. Aundre Sterling Wright Page 14145
Defendant Aundre Sterling Wright appeals his jury convictions and 214-month sentence for conspiracy to commit armed bank robbery (18 U.S.C.…
United States v. Miriam Aguirre Page 14146
214 F.3d 1122 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellant,v.MIRIAM AGUIRRE, Defendant-Appellee.…
Albert Bribiesca v. George Galaza, Warden Page 14147
On November 7, 1988, petitioner Albert Bribiesca, then incarcerated in county jail, appeared in Los Angeles County Superior Court for pre-trial proceedings in his first-degree murder case.…
*1029Opinion for the court filed by Circuit Judge MICHEL.…
Steven P. Yates appeals from the judgment of the United States Court of Appeals for Veterans Claims affirming the decision of the Board of Veterans’ Appeals denying Yates’ claim of clear and unmistakable error in a 1976 Department of Veterans Affairs regional office (“RO”) claim decision.…
Dismissed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WIDENER and Judge GOODWIN joined.…
217 F.3d 1272 (10th Cir. 2000) AIR LIQUIDE AMERICA CORPORATION, a Delaware corporation, Plaintiff-Appellee,v.CONTINENTAL CASUALTY COMPANY, an Illinois corporation; STAFFING RESOURCES OF OKLAHOMA,an Oklahoma corporation, Defendants-Third-Party Plaintiffs-Appellants,v.CIGNA PROPERTY AND CASUALTY INSURANCE COMPANY, a…
Romo v. Oklahoma Department of Corrections Page 14169
Petitioner filed a petition for writ of habeas corpus under 28 U.S.C.…
Franklin v. Hightower Page 14170
Larry Franklin appeals the district court’s denial of his petition under 28 U.S.C.…
John T. Hepburn v. Michael W. Moore, Robert A. Butterworth, Attorney General of the State of Florida Page 14171
Appellant John T. Hepburn filed a pro se 28 U.S.C.…
Linda Karen Brownlow Craven v. United States Page 14172
The United States appeals an order granting summary judgment in favor of Linda Craven (“Linda”).…
Karen Snider (“Snider”) filed suit against her employer, Belvidere Township, and her supervisor, Robert Falkenstein (“Falkenstein”), after she was fired for complaining about alleged sex-based pay discrimination in the Assessor’s office.…
Circuit Judge. A jury convicted Kevin Williams of conspiracy to distribute cocaine base, in violation of 21 U.S.C.…
James A. Curby, Jr. v. Michael Archon Page 14181
OPINION James A. Curby, Jr. claims that his rights to due process under the Fifth and Fourteenth Amendments were violated by the Village of Windham, its mayor, and other public officials (collectively the Village) when the Village Council failed to give him a hearing before removing him as a probationary full-time…
In Re: Howard J. Danzig in Re: Myra Danzig, Debtors, Robert L. Guy Anna K. Guy v. Howard J. Danzig Page 14182
Robert L. and Anna K. Guy appeal a decision of the Bankruptcy Appellate Panel (BAP) affirming the Bankruptcy Court’s 1 denial, as untimely, of their petition for a writ of scire facias.…
United States v. Royal Terrell Arrington Page 14184
Royal Terrell Arrington appeals his conviction and sentence as a felon in possession of a firearm under 18 U.S.C.…
216 F.3d 837 (9th Cir. 2000) SERGIO BAUTISTA; MIGUEL RODRIGUEZ; JOSE SOTO; MANUEL FERNANDEZ; ALICE FARNHAM; ALFREDO FIGUEROA; JOSE LUIS ALEJO; MARIO MEJIA; GUADALUPE CEDILLO; HECTOR REYES; MARCOS MARTINEZ; ROBERTO GUTIERREZ; LEOPOLDO CERVANTES; DAVID SALAS; MARCOS ORTEGA; JORGE FLORES; JUAN MAGANA; MARTIN JIMENEZ…
The plaintiff, the Estate of Larry Brat-ton, through JoAnn Bratton, Executrix, brought this suit under § 502(a)(1)(B) and § 502(a)(3) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C.…
Philip Young v. City of Simi Valley Page 14188
Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN.…
We must decide whether California may require that candidates for the United States House of Representatives reside in the state when filing nomination papers, as distinguished from when elected.…
Mario Ernesto Navas seeks review of the BIA’s decision denying both asylum and withholding of deportation.…
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-1506 ___________ Carpenters Fringe Benefit Funds of * Illinois; United Brotherhood of * Carpenters and Joiners of America, * Local 410 and Local 166, * * Appeal from the United States Plaintiffs - Appellees, * District Court for the * Southern…
William T. Gilbert, III v. Monsanto Company, - William T. Gilbert, III v. Monsanto Company Page 14203
216 F.3d 695 (8th Cir. 2000) WILLIAM T. GILBERT, III, PLAINTIFF - APPELLANT,v.MONSANTO COMPANY, DEFENDANT - APPELLEE.WILLIAM T.…
United States v. David Novak Page 14204
Defendant David Novak appeals two separate convictions.…
Teresa L. Doumouras appeals from a final order entered in the United States District Court 1 for the District of Minnesota granting summary judgment in favor of Northwest Airlines, Inc. (Northwest), on her claims of gender-based discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
dissenting: In Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct.…
The district court granted summary judgment for the defendant, an auto dealer sued for violating the Truth in Lending Act by failing to disclose a finance charge that it levies on “subprime” purchasers of its used cars.…
Plaintiff-appellant Jackie Lauture appeals from a judgment entered in the United States District Court for the Southern District of New York (Charles L.…
South Road Associates (“SRA”) as landlord has sued International Business Machines Corporation (“IBM”), the former long-term lessee of its property, under the citizen-suit provisions of the Resource Conservation and Restoration 'Act (“RCRA”), 42 U.S.C.…
216 F.3d 291 (2nd Cir. 2000) TERRY MEHLENBACHER, LYN MEHLENBACHER, NANCY GLAZIER, KIRK RICHENBERG, WILLIAM BENSON, DEBORAH BENSON, JOHN MILIKEN, Individually and d/b/a Cuylerville Service, JOHN HENDRICKSON, Individually, THE SHEPARD'S FOLD CHURCH, by John Hendrickson, its Pastor, JOHN ARGENNIA, PHYLLIS ARGENNIA…
The facts in this case are set out in our prior opinion, in which we certified the following question to the Supreme Court of Georgia on a controlling issue of law: DOES SEXUAL HARASSMENT OR RETALIATION BY A SUPERVISOR TRIGGER EXCLUSION SIXTEEN ON PAGE THREE OF THE UMBRELLA INSURANCE POLICY IN THIS CASE, WHERE THE…
United States v. Stephen Gene Reynolds Page 14214
Stephen Reynolds appeals his conviction and 180-month sentence for possession of a firearm by a convicted felon.…
CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF MISSISSIPPI, PURSUANT TO MISSISSIPPI RULE OF APPELLATE PROCEDURE 20 TO THE SUPREME COURT OF MISSISSIPPI AND THE HONORABLE JUSTICES THEREOF: 1.…
Vacated and remanded by published opinion.…
Gene Munson petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that dismissed for lack of jurisdiction his appeal requesting that his March 1995 within-grade increase (“WGI”) be made retroactive to October 2, 1994.…
Arthur A. Collins, Inc., (Collins) owns U.S. patents for inventions in the field of networking and switching systems for digital telecommunications.…
Louis T. Bauer v. Betty D. Montgomery Page 14330
215 F.3d 656 (6th Cir. 2000) LOUIS T. BAUER, PLAINTIFF-APPELLANT,V.BETTY D.…
United States of America, Appellant/cross-Appellee v. Gregory Allen Peters, Appellee/cross-Appellant Page 14331
Gregory Allen Peters was convicted of bank robbery in violation of 18 U.S.C.…
Thomas James Papantony v. Bill Hedrick, Warden, United States Medical Center for Federal Prisoners Page 14332
Thomas James Papantony was charged with being a felon in possession of a firearm.…
United States v. Bobby Glen Hawkins Page 14334
The police obtained a warrant to search a duplex.…
Brian McMutuary, Dante Grier and Steven Brown participated in the armed robbery of Southwest Financial Bank in Chicago.…
United States v. Francisco Mateo-Mendez Page 14337
We must decide whether a “Certifícate of Nonexistence of Record” issued on behalf of the Attorney General was appropriately admitted into a criminal trial for illegal reentry by an alien as evidence of lack of permission despite the fact that the document was not executed by an officer to whom the Attorney General had…
Jackie Allen is an innocent man. But in processing his application for federal housing assistance, the Oak Park Housing Authority treated him otherwise.…
Jose Luis Gonzalez-Torres, his wife Maria Gonzalez-Torres, and their children Jose Luis, Jr., Engelberth, Edwin, and Cynthia (“petitioners”), petition for review of the denial of their applications for suspension of deportation, arguing that retroactive application of the stop-time provision in the Illegal Immigration…
Davis-Warren Auctioneers appeals the district court’s dismissal of its complaint pursuant to Rule 12(b)(6).…
Defendants-appellants the Utah Public Service Commission (UPSC) and the individual commissioners appeal the district court’s denial of their motion to dismiss on Eleventh Amendment immunity grounds.…
Defendants Thomas B. Middlemiss, William Orfanos and Setiri Sotiriou appeal respectively from two February 2, 1999, judgments and a February 19, 1999, judgment of the United States District Court for the Southern District of New York (Sidney H.…
In Re: Matthew Green Page 14351
Pursuant to 28 U.S.C. §§ 2255 and 2244(b)(3)(A), as amended by §§ 105 and 106 of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Petitioner Matthew Green (“Green”) has filed an application seeking an order authorizing the district court to consider a second or successive motion to vacate, set…
In Re Thomas Harrison Provenzano Page 14352
BY THE PANEL: Thomas Harrison Provenzano is a Florida death row inmate whose execution is imminent.…
This appeal centers on what recourse, if any, an owner of goods lost at sea has against the carrier when the owner of the goods is not a named party to the bill of lading.…
Howard v. Slicker, Jr. v. Jackson Page 14355
This is an appeal of a district court order granting judgment as a matter of law in favor of defendants, Officers Clif *1227 ford D.…
Gammex Inc. appeals the district court’s entry of judgment on Dunbar Medical Systems Inc.’s fraudulent inducement claim, arguing that two clauses in the parties’ settlement agreement or Texas Rule of Civil Procedure 11 bar that claim.…
Affirmed by published PER CURIAM opinion.…
Gerald Rissman formed Tiger Electronics to make toys and games.…
Appellant Winston Moore appeals the decision of the district court granting summary judgment to Kenneth Apfel, Commissioner of the Social Security Administration.…
AT&T Corp. v. City of Portland Page 14383
This appeal presents the question of whether a local cable franchising authority may condition a transfer of a cable franchise upon the cable operator’s grant of unrestricted access to its cable broadband transmission facilities for Internet service providers other than the operator’s proprietary service.…
William Patrick Griffin purchased meat from various wholesalers and retailers and resold it to St. Louis consumers, selling door-to-door from his truck.…
with whom Judge JOHN R. GIBSON joins in the result reached in Part IIA.…
American Civil Liberties Union v. Reno Page 14419
OPINION OF THE COURT This appeal “presents a conflict between one of society’s most cherished rights— freedom of expression' — -and one of the government’s most profound obligations— the protection of minors.” American Booksellers v. Webb, 919 F.2d 1493, 1495 (11th Cir.1990).…
Marinelli v. City of Erie Page 14420
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 6-22-2000 Marinelli v. City of Erie Precedential or Non-Precedential: Docket 99-3027 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Marinelli v. City of Erie" (2000).…
Stevens v. Premier Cruises, Inc. Page 14421
Tammy Stevens (“Plaintiff’) brought this suit in district court against Premier Cruises, Inc. (“Defendant”).…
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge LUTTIG joined.…
Plaintiff Catherine Clinger appeals the district court’s grant of summary judgment.…
Andino-Pastrana v. Municipio De San Juan Page 14424
On August 7, 1998, plaintiff-appellant Miguel A.…
A few years ago, we ventured into the high-end retail market for fine crystal and upheld a preliminary injunction issued in favor of a group of affiliated retailers (collectively, “Ross-Simons”) against Baccarat, Inc. See Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12 (1st Cir.1996) (Ross-Simons I).…
Ben Kalka v. Kathleen Hawk,appellees Page 14454
215 F.3d 90 (D.C. Cir. 2000) Ben Kalka, Appellantv.Kathleen Hawk, et al.,Appellees No. 98-5485 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued January 11, 2000Decided June 23, 2000 Appeal from the United States District Court for the District of Columbia(97cv02259) William M.…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
United Steelworkers, Local No. 185 v. Herman Page 14456
Opinion for the Court filed by Chief Judge EDWARDS.…
United States v. Williams, Ellis Page 14457
Opinion for the Court filed by Circuit Judge RANDOLPH.…
United States v. McCoy, Michael Page 14458
215 F.3d 102 (D.C. Cir. 2000) United States of America, Appelleev.Michael McCoy, Appellant No. 99-3088 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued April 14, 2000Decided June 23, 2000 [Copyrighted Material Omitted] Appeal from the United States District Court for the District of…
Clinton K. Lajoie v. S. Frank Thompson, Superintendent, Oregon State Penitentiary, No. 98-35919 Page 14460
217 F.3d 663 (9th Cir. 2000) CLINTON K. LAJOIE, Petitioner-Appellant,v.S.…
Sandra L. Rice v. Sunrise Express, Incorporated, Gainey Corporation and Sunrise U.S.A., Incorporated Page 14461
On consideration of the petition for rehearing with suggestion of rehearing en banc filed by the plaintiff-appellee and the answer of defendants-appellants, all of the judges on the original panel voted to deny rehearing and a majority of the judges in active service voted to deny rehearing en banc.…
Petitioners, Edward T. Splane and the Paralyzed Veterans of America, seek review of a precedential opinion issued by the Department of Veterans Affairs (“DVA”) general counsel on October 2, 1998 (“VAOPGCPREC 14-98”).…
United States v. Alejos Cardenas Page 14473
On January 7, 2000, Alejos Cardenas pled guilty to two counts of possessing a handgun in violation of 18 U.S.C.…
The passage of the Antiterrorism and Effective Death Penalty Act (AEDPA), Pub.L.…
218 F.3d 652 (7th Cir. 2000) MindGames, Inc., Plaintiff-Appellant,v.Western Publishing Company, Inc., Defendant-Appellee.…
Rebecca Vela, a female Mexican-American police officer with the Sauk Village Police Department, brought this action against the Village under the Civil Rights Act of 1964, 42 U.S.C.…
Tracey Wolak, a seven-year veteran of the Pelham Manor police force, brought a civil rights action against the police chief, mayor, and village of Pelham Manor.…
215 F.3d 1243 (11th Cir. 2000) ELIAN GONZALEZ, a minor, by and through LAZARO GONZALEZ, as next friend, or, alternatively, as temporary legal custodian, Plaintiff-Appellant,v.JANET RENO, Attorney General of the United States; DORIS MEISSNER, Commissioner, United States Immigration and Naturalization Service; ROBERT…
United States v. Fowler Page 14482
216 F.3d 459 (5th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ROBERT SCOTT FOWLER, Defendant-Appellant.…
Plaintiff Ellen Howley appeals from so much of a final judgment of the United States District Court for the District of Connecticut, Alfred V.…
Urofsky v. Gilmore Page 14484
216 F.3d 401 (4th Cir. 2000) MELVIN I. UROFSKY; PAUL SMITH; BRIAN J.…
Ed Peters Jewelry Co. v. C & J Jewelry Co. Page 14485
Plaintiff-appellant, Ed Peters Jewelry Co., Inc., (“Peters”) appeals from a judgment by the district court for all of the defendants-appellees: C & J Jewelry Co. Inc., Anson, Inc., William Considine, Sr., Little Bay Realty Co., L.L.C., and Gary J.…
This appeal tests the limits of a federal district court’s authority to promulgate local rules.…
Libertad v. Sanchez Page 14544
This appeal results from a lawsuit brought against a number of anti-abortion activists by a women’s rights organization, three facilities that perform abortions in Puerto Rico (together with their directors), and two women who, as a result of defendants’ conduct, failed to secure desired medical treatment at the…
In 1995, Congress enacted the ICC Termination Act (ICCTA), 1 which abolished the 108-year-old Interstate Commerce Commission and substantially deregulated the rail and motor carrier industries.…
Davric Maine Corp. v. Rancourt Page 14546
Plaintiff-appellant Davric Maine Corporation (“Davric”) seeks to overturn a grant of summary judgment in favor of defendants-appellees Craig Rancourt, Ival R.…
Donna Robinson Phillips appeals from the district court’s 2 judgment in favor of her former employer, Union Pacific Railroad Company (Union Pacific), on her claims of discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.…
Lora Stuart v. General Motors Corp. Page 14563
In 1997, Lora Stuart (Stuart) sued her former employer, General Motors Corporation (GMC), 2 asserting claims of a sexually hostile work environment, retaliation by discipline, 3 and retaliation by termination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.…
Appellant, Mary Buettner (Buettner), appeals from the order of the United States District Court for the Eastern District of Missouri (Jackson, J.) dated July 21, 1999, granting summary judgment in favor of appellees, Arch Coal Sales Co., Inc. and Arch Coal, Inc., and denying Bu-ettner’s retaliation and wage…
In proceedings before the United States District Court for the Southern District of California, Jose Alfredo Maldonado (“Maldonado”) pleaded guilty to conspiracy to manufacture and distribute methamphetamine in violation of 21 U.S.C.…
ABKCO Music, Inc. v. Lavere Page 14568
The ultimate question in this case is whether a phonorecord distributed in the late 1930s “published” the underlying work such that the clock started ticking under the Copyright Act of 1909.1 In La Cienega Music Co. v. ZZ Top, 53 F.3d 950 (9th Cir.1995), we held that it did.…
United States v. Akanni Hamzat Page 14570
Akanni Hamzat, Adetoro Adeniji, and Sunny Emezuo were involved in a major way during the early 1990s with trafficking in heroin between Nigeria, Thailand, and the United States.…
In January 1997, plaintiff-appellant Norm Lemarcier Furnace was enrolled in the Medical, Dental Education Preparatory Program at Southern Illinois University (“SIU” or “the university”).…
United States v. Undray Bradley Page 14573
On March 17, 1999, a federal grand jury returned a three-count indictment charging the defendant-appellant, Undray Bradley (“Bradley”), with distribution of crack cocaine in violation of 21 U.S.C.…
United States v. Armando Quintanilla Page 14574
On December 3, 1997, a federal grand jury sitting in the Southern District of Illinois returned a one-count indictment charging Armando Quintanilla with being a felon in possession of a firearm, in violation of 18 U.S.C.…
Eliezer Miller appeals from Judge Kor-man’s affirming of a bankruptcy court order denying appellant’s motion to abandon an asset of the debtor to him pursuant to 11 U.S.C.…
Neinast v. State of Texas Page 14577
Circuit Judge: Today we review a challenge under the Americans with Disabilities Act (“ADA”) to Texas’s fee for handicapped parking placards in light of jurisdictional and immunity defenses by the State.…
John P. McLaughlin brought this action in state court against the Board of Trustees of State Colleges of Colorado challenging the termination of his faculty appointment and his failure to receive a tenured position at the Metropolitan State College of Denver.…
John Doe v. Urohealth Systems, Inc. Page 14601
Defendant-appellant Urohealth Systems, Inc. (“Urohealth”) appeals the district court’s order, entered pursuant to Fed. R.Civ.P.…
Continental Insurance v. Bahnan Page 14602
Continental Insurance Company issued a Business Owners Xtra (BOX) policy to Anthony Bahnan.…
Johnson v. Baylor University Page 14603
Vernon Johnson appeals a judgment of dismissal, including an earlier denial of his motion to remand to state court his state law claim for tortious interference with contract.…
United States v. Mark Douglas Poehlman Page 14628
217 F.3d 692 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.MARK DOUGLAS POEHLMAN, Defendant-Appellant.…
Lim v. City of Long Beach Page 14629
The owners of three adult book and video stores and an adult mini-theater (collectively “Plaintiffs”) sued the City of *1053Long Beach (“Long Beach”) challenging the constitutionality of a Long Beach zoning ordinance restricting the locations in which adult businesses can operate.…
Feiler v. Sims Page 14630
This case presents a conflict between provisions of the Bankruptcy Code and the Internal Revenue Code.…
Westchester Media Co v. PRL USA Holdings In Page 14631
Appellants Westchester Media and Na-vasota Holding Co. (“Westchester”) appeal the judgment finding that their use of the mark “POLO” to title a magazine infringed marks for products sold by Polo Ralph Lauren entities (“PRL”).…
Gehl v. State Farm Fire & Casualty Co. Page 14632
This case involves a dispute regarding the scope of coverage of a homeowner insurance policy.…
Ronald G. Meeks appeals from a judgment of the United States Court of Appeals for Veterans Claims, Meeks v. West, 12 Vet.App.…
Iowa v. Federal Communications Commission Page 14634
Opinion for the Court filed by Circuit Judge GINSBURG.…
218 F.3d 623 (6th Cir. 2000) STEPHEN E. DUFFY; SUE ANN DUFFY, PLAINTIFFS-APPELLANTS,V.FORD MOTOR COMPANY, DEFENDANT-APPELLEE.…
United States v. Jeffrey William Paul Page 14636
217 F.3d 989 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,v.JEFFREY WILLIAM PAUL, APPELLANT.…
215 F.3d 875 (8th Cir. 2000) WILLISTON BASIN INTERSTATE PIPELINE COMPANY, PETITIONER,v.FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT;NORTHERN STATES POWER COMPANY, INTERVENOR ON APPEAL.…
On February 12, 1997, Apolonio Moreno was charged, in a superseding indictment, with five counts: (1) possession with intent to distribute marijuana; (2) possession with intent to distribute amphetamine; (3) possession with intent to distribute cocaine; (4) criminal forfeiture; and (5) conspiracy to possess with…
In re: Samuel R. Pierce, Jr. Page 14640
Opinion for the Special Court filed PER CURIAM.…
Opinion for the Court filed PER CURIAM. * Two sets of petitioners challenge regulations of the United States Environmental Protection Agency (“EPA”) promulgated under the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C.…
Opinion for the Court filed by Circuit Judge GINSBURG.…
Opinion for the Court filed by Circuit Judge WILLIAMS.…
concurring: Although I agree with my colleagues that we need not resolve Rimdzuis’s eligibility to vote, I write separately to emphasize the Board’s clear error in sustaining the challenge to Rimdzuis’s ballot on the basis that he was not a regular part-time employee.…
United States v. Evans, Cornell Page 14645
Opinion for the Court filed by Circuit Judge GARLAND.…
United States v. Schaffer Page 14646
Opinion for the court filed by Senior Judge BUCKLEY.…
Evono, Hordon H. v. Reno, Janet Page 14647
Opinion for the Court filed by Circuit Judge ROGERS.…
Sparrow, Victor H. v. United Airlines Inc Page 14648
Opinion for the Court filed by Circuit Judge GARLAND.…
Carl Ledford and Shane Thomas robbed a bank in Fort Wayne, Indiana.…
United States v. John Baird Page 14652
OPINION OF THE COURT In this section 2255 case, defendant contends that his trial counsel erred in failing to object at sentencing to the use of incriminating admissions made as part of a cooperation agreement with the government and immunized by U.S.S.G.…
Diaz v. Farley Page 14654
Drs. Diaz, Diehl, and Kaminsky (collectively, the “plaintiffs”) are anesthesiologists with privileges at Cottonwood Hospital in Murray, Utah.…
United States v. Collazo-Aponte Page 14658
This appeal arises from a sixty-six count criminal indictment charging the eight appellants — Rafael Collazo-Aponte, Heriberto Ortiz-Santiago, Andrés Colón-Miranda, Edwin Ortiz-Figueroa, David S.…
United States v. Roger D. Zehm Page 14661
I) Facts On January 6, 1999, a grand jury in the Western District of Wisconsin returned a four-count indictment against Roger Zehm, charging him with one count of conspiring with Trevor Christiansen to distribute methamphetamine from February 1998 until early April 1998 and one count of conspiring with Eric Brown to…
United States v. Lawrence E. Simmons, Jr. Page 14662
Lawrence E. Simmons, Jr. (“Simmons”) appeals the sentence he received after pleading guilty to a series of drug and firearm offenses.…
This is an interlocutory appeal that never should have seen the light of day.…
Timothy L. Jacks v. Schneider Securities, Incorporated, Barry D. Tull, and Thomas Grafton Page 14664
This is an appeal from a district court order granting a motion for summary judgment in favor of Schneider Securities, Inc. (“SSI”), Barry Tull (“Tull”), and Thomas Grafton (“Grafton”).…
United States v. Ebenezer Dikeocha Page 14665
In October of 1990, Ebenezer Dikeocha, the defendant-appellant in this case, was charged in a superseding indictment in the Northern District of Illinois, along with three other individuals, with conspiracy to distribute and distribution of heroin.…
Twenty years ago the storied Rock Island Line, losing about $40 million annually, abandoned its railroad operations as part of a bankruptcy under § 77 of the Bankruptcy Act of 1898.…
United States v. Larry Lamont Moss Page 14687
HOOD, D.J., delivered the opinion of the court.…
Meeks v. Moore Page 14688
Douglas Ray Meeks appeals an order of the United States District Court for the Northern District of Florida denying his consolidated petition for a writ of habeas corpus.…
United States v. Devila Page 14689
In 1996, defendants/appellants Jurgen Preciado, Bladimir Devila, Rauldino Rivera, Cesar Vallecilla-Orobio and Avery Lightborne were indicted by a federal grand jury in Miami, Florida with conspiracy to possess with intent to distribute marijuana, while crewmembers on board the vessel “Marbella II”, a vessel subject to…
United States v. Guzman-Bera Page 14691
Guillermo Guzman-Bera pled guilty to illegally reentering the United States after deportation in violation of 18 U.S.C.…
Sierminski v. Transouth Financial Corp. Page 14692
This retaliatory discharge case was originally filed in state court and removed to federal court.…
United States v. Teresa Maria Campos Page 14693
217 F.3d 707 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.TERESA MARIA CAMPOS, Defendant-Appellant.…
United States v. Juan A. Benavidez-Benavidez Page 14694
This appeal presents the question whether the district court properly excluded unstipulated polygraph evidence.…
216 F.3d 1343 (Fed. Cir. 2000) EMBREX, INC., Plaintiff-Appellee,v.SERVICE ENGINEERING CORP.…
In Re Occidental Petroleum Corp. Page 15039
This matter involves a discovery order granted despite assertions of attorney-client privilege by petitioner Occidental Petroleum Corporation (“Occidental”), which seeks a writ of mandamus instructing the district court to vacate that order.…
Brister v. Faulkner Page 15040
Plaintiffs were handing out leaflets before an on-campus event at the University of Texas at Austin’s Frank C.…
Vernon Sublett, Jr., appeals from the district court’s 1 denial of his 28 U.S.C.…
217 F.3d 602 (8th Cir. 2000) WILLIAM KINDLE, INDIVIDUALLY AND AS PRESIDENT OF THE ROSEBUD SIOUX TRIBE; ROSEBUD SIOUX TRIBE, BOTH AS A GOVERNMENTAL AND CORPORATE ENTITY, APPELLANTS,v.MORISSET, SCHLOSSER, AYER & JOZWIAK, ALSO KNOWN AS PIRTLE, MORISSET, SCHLOSSER & AYER, A PROFESSIONAL SERVICE CORPORATION, AND…
James Austin pleaded guilty to drug charges pursuant to an agreement with the government.…
United States v. Lucky C. Brown Page 15044
Lucky C. Brown appeals from a judgment of the district court 2 entered after a conditional guilty plea to possession of crack cocaine with the intent to distribute, in violation of 21 U.S.C.…
Johnson v. McNeil Page 15054
After the district court granted summary judgment in favor of Defendants Raymond McNeil, Frank Johnson, and C.M.…
United States v. Bierd Page 15061
Defendant Antonio Bierd pled guilty to charges of money laundering, drug possession, and related conspiracies.…
United States v. Reyes Pena Page 15088
Defendant-Appellant, Joseph Felix Reyes Pena, appeals from his sentence.…
Canfield v. Orso Page 15094
Valerie Canfield (“Canfield”) appeals the denial of her objection to the claim by her former husband, Paul William Orso (“Orso”), that certain annuities he receives as part of a structured tort settlement are exémpt from the property of his bankruptcy estate under Louisiana law.…
Cynthia Williams v. Lindsey Heavener Page 15097
Officer Cynthia Williams of the Joliet Police Department was involved in a confrontation with five of her department colleagues.…
Alexander Juarez v. State of Minnesota Page 15098
Alexander Juarez was convicted in Minnesota of attempted criminal sexual conduct, third degree criminal assault, and two counts of soliciting a minor to engage in prostitution.…
Plaintiff Crystalline S. Bailey appeals the district court’s 2 grant of summary judgment for defendant Anchor Packaging on plaintiffs employment discrimination claims.…
Johnson v. Lewis Page 15103
Opinion by Judge W. FLETCHER; Dissent by Judge SNEED.…
Plaintiffs Joseph, Theresa and Michelle Radici (together, “the Radicis”) brought an action against their group health insurer's, Associated Insurance Companies, Inc., and Blue Cross and Blue Shield of Indiana (together, “AICI”).…
United States v. Darrel Richard Smith Page 15105
Defendant Darrel Richard Smith appeals his conviction and sentence following a jury trial.…
United States v. Johnie M. Williams Page 15106
Johnie M. Williams pleaded guilty to one count of embezzlement within the special maritime and territorial jurisdiction of the United States in violation of 18 U.S.C.…
Therma-Scan, Inc. v. Thermoscan, Inc. Page 15107
OPINION Therma-Scan, Inc. (to be referred to as “TSI” solely for the sake of clarity), a Michigan corporation, sued Thermoscan, Inc., a Georgia corporation, alleging trademark infringement and unfair competition.…
Sharon May Rockwell v. Joan Yukins Page 15108
OPINION Sharon Rockwell, a Michigan state prisoner, filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of Michigan.…
United States v. Stacy Lee Peltier Page 15112
In January 1998, -a Burleigh County, North Dakota sheriffs deputy on evening patrol observed Stacy Lee Peltier driving a pickup truck with no license plates.…
Ann M. Hostetler v. Quality Dining, Inc. Page 15121
Ann Hostetler alleges that a fellow supervisory employee at a South Bend, Indiana Burger King grabbed her face one day at work and stuck his tongue down her throat.…
Randy Horton v. United States Page 15122
217 F.3d 533 (7th Cir. 2000) Randy Horton, Petitioner-Appellant,v.United States of America, Respondent-Appellee.…
Uluches Jefferson v. George C. Welborn Page 15123
This proceeding concerns the petition that Uluches Jefferson filed for a writ of habeas corpus pursuant to 28 U.S.C.…
This appeal from the grant of summary judgment in favor of the defendant requires us to reconsider the much-litigated issue of when a right to health benefits that is granted to retired workers by a collective bargaining agreement (or an ERISA plan, but that is not this case) survives the termination of the agreement.…
Fuezell Burks appeals from the district court’s award of $8,029 in attorney fees to counsel for Burks.…
OPINION OF THE COURT This appeal primarily raises a troublesome question arising out of the Government’s efforts to curb criminal recidivism.…
United States v. Perez Page 15210
Louis Victor Perez appeals his conviction and sentence on two counts of aiding and abetting the harboring of an undocumented alien in violation of 8 U.S.C.…
Appellant David D. Duggins (“Duggins”) appeals the district court’s ruling that decedent C.…
Elmore J. Williams v. Burl Cain Page 15212
Elmore-Williams was convicted of second degree murder in Louisiana state court in 1989.…
United States v. Zaragoza-Fernandez Page 15213
On January 12, 1999, defendant-appellant Carlos J.…
Robert St. Pierre, who has twice been convicted of a double murder and twice sentenced to death, cannot decide what he wants to do about that situation.…
United States v. Reed Page 15306
HOOD, D. J., delivered the opinion of the court, in which NORRIS, J., joined.…
United States v. Chalmer C. Hayes, Also Known as Chuck Hayes, Also Known as Charles Hayes Page 15307
OPINION In 1996, Chalmer Hayes agreed to pay a man $5,000 to kill his son.…
United States v. Timothy James Dowdle Page 15310
Timothy James Dowdle was in state custody on commercial burglary and theft of property charges when he was indicted on a federal possession of stolen mail charge.…
United States v. Jordan Page 15314
Defendant Erwin Jordan appeals his sentence of 300 months’ imprisonment.…
Ottie R. Noble v. United States Page 15315
Ottie Noble (“Noble”) appeals from an order dismissing his complaint and entering summary judgment in favor of the United States in an action, brought 'under the Federal Tort Claims Act, 28 U.S.C.…
Sandra Solomon v. Kimberly-Clark Corporation Page 15317
Sandra Solomon appeals from the decision of the United States District Court for the District of Arizona granting Kimberly-Clark Corporation’s motion for summary judgment that the claims of U.S. Patent 4,560,381 are invalid as indefinite under 35 U.S.C.…
Canton Bio-Medical, Inc. (“Canton”) appeals the decision of the United States District Court for the Northern District of New York, 1 granting the motion of Integrated Liner Technologies, Inc. (“ILT”) for summary judgment of non-infringement of Canton’s United States Patent No. 4,499,148 under the doctrine of…
The sequence of events leading to this appeal began with an action filed in 1982 by appellees Koch Engineering Company, Inc., and Sulzer Brothers Limited against appellant Glitsch, Inc. In that action, Koch and Sulzer alleged that Glitsch had infringed a patent in which Koch and Sulzer had interests and that Glitsch…
United States v. Goldin Industries, Inc. Page 15328
Goldin Industries, Inc. (“Goldin Mississippi” 1 ), Goldin of Alabama, Inc. (“Goldin Alabama”), and Goldin Industries Louisiana, Inc. (“Goldin Louisiana”) (collectively “the Goldin Corporations”), appeal their convictions for racketeering activities in violation of the Racketeer Influenced and Corrupt Organizations…
Plaintiffs, eighteen recording artists, brought this suit against their union’s benefit plans, AFTRA Health and Retirement Funds (the “Funds”); the trustees of the Funds (“Funds Trustees”); and eight record companies (the “Record Company Defendants”) who contribute to the Funds on plaintiffs’ behalf.…
Patrick J. Higgins v. State of Mississippi Page 15330
This suit under 42 U.S.C. § 1983 against Illinois and Mississippi, an Illinois municipality, and various Illinois and Mississippi officials charges a plot to kidnap the plaintiff from an Illinois jail and bring him to Mississippi to face criminal prosecution.…
Michael R. King, Mark D. Urbanski, Donald E. Renfro v. National Human Resource Committee, Inc. Page 15331
In this action, filed pursuant to the Employee Retirement Income Security Act, 29 U.S.C.…
Eddie E. Lewis was convicted in the state courts of Indiana of first degree murder and murder while committing the crime of arson.…
On October 29, 1998, Plaintiff-Appellant Michael Amundsen (“Amundsen”) filed a three count amended complaint under 18 U.S.C.…
Yates v. Stalder Page 15335
Roger D. Yates, Louisiana state prisoner # 87050, Travis Carter, Louisiana state prisoner # 97219, and George McGuffey, Louisiana state prisoner # 87708, appeal the dismissal of their civil rights complaint filed against Richard Stalder, Secretary, Louisiana Department of Public Safety and Corrections.…
The parties’ “Motion to Withdraw Rehearing Petition..construed as a joint motion to withdraw the rehearing petition, to vacate this Court’s published opinion, and to remand this matter to District Court to resolve all issues relating to attorneys’ fees, is GRANTED.
Dominick Akinwale v. Janet Reno Page 15337
Dominick Akinwale appeals from the district court’s order dismissing for lack of subject matter jurisdiction his § 2241 ha-beas petition challenging a final deportation order.…
Robert Paul McIntyre v. Doug Williams Page 15338
Robert Paul McIntyre appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
Capital Asset Research Corporation (“Capital Asset”) brought suit against Roger Finnegan and Breen Capital Holdings, Inc. The instant appeal is brought by Capital Asset, challenging the district court’s *1269 award of attorneys’ fees to Finnegan.…
Nyland v. Moore Page 15340
Jeffrey F. Nyland appeals the district court’s denial of his pro se 28 U.S.C.…
Heuser v. Kephart Page 15341
Plaintiffs/appellants Anthony and Nona Heuser (plaintiffs) bring this timely appeal from a judgment of the district court dismissing, pursuant to a putative settlement agreement, a suit they brought under 42 U.S.C.…
Opinion for the Court filed PER CURIAM1: Table of Contents I.…
Opinion for the court filed by Circuit Judge HENDERSON.…
Opinion for the Court filed by Circuit Judge TATEL.…
Opinion for the Court filed by Circuit Judge TATEL.…
United States v. Mathis, Eddie J. Page 15366
Opinion for the court filed by Circuit Judge KAREN LECRAFT HENDERSON.…
United States v. Mitchell, Dennis L. Page 15367
Opinion for the Court filed by Circuit Judge SENTELLE.…
Calloway v. District of Columbia Page 15368
Opinion for the Court filed by Circuit Judge TATEL.…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Marra, Rosemarie v. Papandreou, Vaso Page 15371
Opinion for the Court filed by Circuit Judge SILBERMAN.…
217 F.3d 225 (4th Cir. 2000) KAWTHER AL-ABOOD, INDIVIDUALLY AND ON BEHALF OF HER MINOR SON, MAHMOUD AL-ABOOD, PLAINTIFF-APPELLANT,V.NIMAT MOHAMMED TAYEB ELSHAMARI, A/K/A NAIMET MOHAMED AL-HIWAIZ; HISHAM ABDUL MALIK EL-SHAMARI, D/B/A MIDCORP ASSOCIATES, DEFENDANTS-APPELLEES.KAWTHER AL-ABOOD, INDIVIDUALLY AND ON BEHALF…
On April 13, 1999, we issued an opinion in this case in which we requested the Florida Supreme Court’s assistance with respect to a certified question concerning whether the tractor-trailer rig involved in this case should be treated as a single-covered automobile, under the insurance policy language forming the basis…
Gail Brewer-Giorgio v. Producers Video, Inc. Page 15503
Gail Brewer-Giorgio and Arctic Corporation appeal the district court’s denial of their motion, filed pursuant to Federal Rule of Civil Procedure 15, to amend their complaint.…
In Re Werner Kotzab Page 15504
DECISION Werner Kotzab appeals from the final decision of the Board of Patent Appeals and Interferences (“Board”) holding claims 1-10 in reexamination number 90/004,441 unpatentable for obviousness under 35 U.S.C.…
Robert T. Richardson v. Township of Brady Page 15520
218 F.3d 508 (6th Cir. 2000) Robert T. Richardson, Plaintiff-Appellant,v.Township of Brady, Defendant-Appellee.…
United States v. Nicholas J. Ross Page 15523
Nicholas Ross pleaded guilty in 1997 to possession of a firearm by a felon.…
United States v. Jim Guy Tucker Page 15524
Former Arkansas Governor Jim Guy Tucker pleaded guilty to conspiracy to defraud the United States by impeding the assessment and collection of income tax in violation of 18 U.S.C.…
Danny Morris v. Dave Dormire Page 15525
Danny Morris, a Missouri inmate, appeals from the district court’s 1 judgment denying his petition for a writ of habeas corpus filed under 28 U.S.C.…
United States v. Gregory Joseph Halter Page 15527
217 F.3d 551 (8th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,v.GREGORY JOSEPH HALTER, DEFENDANT-APPELLANT.…
Adan Tellez was charged with one count of distribution of methamphetamine and one count of possession of methamphetamine with the intent to distribute it, see 21 U.S.C.…
United States v. William Kelvin Houston Page 15529
William Kelvin Houston (“Houston”) pleaded guilty to two counts of bank robbery pursuant to 18 U.S.C.…
California state prisoner Eppie McClain appeals the district court’s denial of his petition for habeas corpus in which he challenged his conviction for second-degree robbery.…
Michelle Johnson sued her former employer, the Department of Veterans Affairs (“VA”), under Title VII of the Civil Rights Act of 1964, alleging that her supervisor, Karl Williams, sexually harassed her and that the VA retaliated against her for challenging the harassment.…
Michael and Jane Connor appeal a tax court decision finding a deficiency of $3,616 in their 1993 federal income tax and $6,089 in their 1994 federal income tax.…
Kyra Kyles and Lohta Pierce worked for the Legal Assistance Foundation of Chicago (“LAF”) as employment testers.…
Lars Erik Lindstrpm participated in a pyramid scheme defrauding hundreds of investors and was convicted by a Norwegian court of criminal fraud.…
217 F.3d 890 (7th Cir. 2000) Harold W. McClellan, Plaintiff-Appellant,v.Bobbie Darrell Cantrell, Defendant-Appellee.…
Plaintiffs-Appellants Consolidated Development Corporation and Consolidated Cuban Oil & Gas Rights Corporation (collectively “Consolidated”), are United States corporations whose Cuban subsidiaries formerly held oil concessions and leases to drill for oil in the Republic of Cuba.…
Chasteen v. Unisia Jecs Corp. Page 15553
I. INTRODUCTION In 1997, Injection Research Specialists, Inc. and Pacer Industries, Inc. (collectively, “Injection Research”) 1 filed suit against Arctic Cat, Inc., Arctic Cat Sales, Inc. (collectively, “Arctic Cat”), Suzuki Motor Corp. (“Suzuki”) and UNISIA JECS Corp. (“JECS”) (collectively, the “Defendants”)…
The Department of State suspended Rayburn F.…
Vadie v. Mississippi State University Page 15592
218 F.3d 365 (5th Cir. 2000) AHMAD A. VADIE, Doctor, Plaintiff-Appellee-Cross-Appellant,v.MISSISSIPPI STATE UNIVERSITY; ET AL, Defendants,MISSISSIPPI STATE UNIVERSITY, Defendant-Appellant-Cross-Appellee.…
Kenneth Eugene Barron v. P. W. Keohane Page 15597
Circuit Judge. Kenneth Barron appeals from the District Court’s 1 order dismissing without prejudice his habeas petition claiming deliberate indifference to his serious medical needs.…
Appellants, all agents of the Arkansas Department of Corrections, 2 appeal from the district court’s 3 ruling that appellants violated appellee’s First Amendment right to free exercise of religion by failing to provide him with food in his cell on his Sabbath.…
David Kinserlow appeals the district court’s 2 grant of the motion for judgment as a matter of law made by CMI Corporation, Bid-Well Division, at the close of all the evidence in the trial of Kinserlow’s personal injury claims.…
Doran Dee Robinson appeals his conviction and sentence for conspiracy to distribute and possess with intent to distribute methamphetamine in violation of 21 U.S.C.…
Moore v. City of Harriman Page 15602
218 F.3d 551 (6th Cir. 2000) Ralph Moore, Jr.,Plaintiff-Appellant,v.City of Harriman; Harriman Police Department; Roy Jenkins, Chief of Police; Darren McBroom; Terry Fink; Randy Heidle; Virgil McCart; and Jerry Singleton, Defendants-Appellees.…
OPINION The National Labor Relations Board (hereinafter “Board”) petitions for enforcement of its order finding Main Street Terrace Care Center (hereinafter “Main Street”) guilty of unfair labor practices, and Main Street cross-petitions for review of the order.…
218 F.3d 543 (6th Cir. 2000) United States of America, Plaintiff-Appellee,v.Any and All Radio Station Transmission Equipment, Radio Frequency Power Amplifiers, Radio Frequency Test Equipment and Any Other Equipment Associated With or Used In Connection With the Transmissions Within the FM Broadcast Band, Located at…
United States v. Jerry Lee Howard Page 15605
OPINION Jerry Lee Howard was convicted in 1994 of aggravated sexual assault in violation of 18 U.S.C.…
Opinion by Judge T.G. Nelson; Dissent by Judge Graber Fred Albano Fuchs and Roy Reagan appeal their convictions and sentences for conspiring to commit offenses against the laws of the United States.…
Gracie v. Gracie Page 15607
We must resolve a variety of issues in this complex trademark litigation arising out of the U.S. activities of two members of the large and prominent Gracie family of Brazil, known for popularizing, competing in, and teaching a form of the martial art jiu-jitsu.…
United States v. Louis Sauza-Martinez Page 15608
Louis Sauza-Martinez (“Sauza”) appeals his convictions by a jury in a joint trial with codefendants Robert Burns (“Burns”), Blanca Ester Ortiz (“Ortiz”), and Rafael Leyva-Felix (“Leyva”) for conspiracy to distribute cocaine in violation of 21 U.S.C.…
United States v. Raohl Hursh Page 15611
Raohl D. Hursh (“Hursh”) appeals his jury convictions and sentence for importation of marijuana in violation of 21 U.S.C.…
Ashcraft v. Conoco, Inc. Page 15613
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT HURSHEL L.…
Professor Asher Rubinstein filed a Title VII and related state-law lawsuit against Tulane University, his employer, in October, 1995, asserting several grounds for relief of discriminatory and retaliatory employment decisions made against him.…
Thibodeaux v. Harris County Texas Page 15615
Mark Anthony Thibodeaux file suit against appellants Deputy Rolf D.…
United States v. Joseph Polichemi Page 15619
This case arose out of the government’s prosecution of an elaborate financial scam, perpetrated in large part by the four defendants whose cases we consider on the government’s petition for rehearing.…
United States v. Cody Jeremiah Hutzell Page 15624
dissenting. When should ignorance of the law be an excuse from criminal liability?…
Theresa Weaver pleaded guilty to conspiring to manufacture methamphetamine in violation of 21 U.S.C.…
On September 17, 1991, a Wisconsin jury convicted Vonaire Washington of two counts of being party to an armed robbery and one count of being a felon in possession of a firearm.…
James H. Holbrook sued his employer, Lobdell-Emery Manufacturing Company, for intentional infliction of emotional distress (“IIED”), violations of his civil rights under the United States and Indiana Constitutions, and disability discrimination.…
United States v. Wilner Saintville Page 15635
OPINION OF THE COURT I. INTRODUCTION Wilner Saintville appeals from the sentence entered on February 1, 2000, on his guilty plea to an indictment for illegal entry into the United States following his deportation for conviction of an aggravated felony in violation of 8 U.S.C.…
Maurice Parris appeals the district court’s grant of summary judgment to his former employer, The Miami Herald Publishing Company (“Miami Herald” or “Herald”) on both Parris’s federal claim under the Family and Medical Leave Act (“FMLA”), 29 U.S.C.…
Williams v. EMC Mortgage Corporation Page 15637
Joseph Arthur Williams appeals pro se the district court's affirmance of the bankruptcy court's order dismissing as untimely his appeal to the district court in a Chapter 12 bankruptcy proceeding.…
Defendant-appellant James Harvey “Jim” Brown (Brown), a prominent Louisiana political figure, is currently under indictment in the Middle District of Louisiana on various charges relating to the brokering of an alleged “sham” settlement of a threatened lawsuit by the State of Louisiana against the president of a…
Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.…
Stewart v. Adolph Coors Company Page 15646
This ease requires us to examine the grant of a 50(b) motion for judgment as a matter of law in favor of an employer, after an adverse verdict on claims of race discrimination.…
Shayesteh v. City of South Salt Lake Page 15650
Appellant Ahmad R. Shayesteh appeals the denial of his petition for writ of habeas corpus pursuant to 28 U.S.C.…
OPINION Petitioner James David Carter appeals from the order of the district court, adopting and approving the magistrate judge’s report and recommendation, stating additional findings, and denying Carter’s claims regarding ineffective assistance of counsel.…
OPINION Plaintiff-Appellant Bethie Pride sued the defendants, BIC Corporation and So-ciete BIC, S.A.…
216 F.3d 881 (9th Cir. 2000) DONALD MACFARLANE and JAMES FOGLE, Petitioners-Appellants,v.KAY WALTER and KENNETH DUCHARME, Respondents-Appellees.…
United States v. Daniel F. Kellington Page 15660
The United States appeals the district court’s order granting defendant, Daniel Kellington, a new trial.…
Aybike Kortan, a Clinical Staff Psychologist for the State of California Department of Youth Authority (CYA), appeals the summary judgment entered in CYA’s favor on her action under 42 U.S.C.…
ORDER The court’s opinion filed September 7, 1999, and reported' at 188 F.3d 1079 (9th Cir.1999), is vacated and withdrawn.…
In this case we are called upon to determine whether William J.…
United States v. Maurilio Garza-Sanchez Page 15665
Maurilio Garza-Sanchez (“Garza”) appeals his conviction of being an alien found in the United States following deportation, in violation of 8 U.S.C.…
This case requires interpreting what a contract meant by the word “orders” and whether something called a “blanket order” qualified.…
Of sixteen defendants indicted for smuggling and distributing heroin, twelve pleaded guilty and four were tried and convicted.…
United States v. Bronx Reptiles, Inc. Page 15668
Judge OAKES dissents in a separate opinion.…
Our task in this appeal, before us under Federal Rule of Civil Procedure 54(b), is to sort out and reconcile the respective rights and obligations of authors under federal copyright law and their spouses under Louisiana community property law when those two legal regimes intersect.…
United States v. Allen David Daniel Page 15680
ORDER The opinion filed on April 19, 2000 [209 F.3d 1091], is hereby ordered AMENDED by the addition of a footnote at the end of the first full paragraph on page 4220 [209 F.3d at 1094] of the slip opinion.…
Opinion for the Court filed by Circuit Judge SENTELLE.…
Opinion for the Court filed by Circuit Judge ROGERS.…
Opinion for the Court filed by Circuit Judge SILBERMAN.…
Opinion for the Court filed by Circuit Judge ROGERS.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
218 F.3d 443 (5th Cir. 2000) In The Matter Of: TEXAS SECURITIES, INC., DebtorM.…
Cisneros v. ABC Rail Corporation Page 15703
The primary issue presented by this case is whether the exhaustion requirements and limitation periods of Title VII, 42 U.S.C.…
Chapter 12 Estate of Harris v. Harris Page 15704
This case involves ownership interests in approximately 200 head of cattle bearing multiple brands; it requires us to ascertain the effect of re-branding, under Wyoming’s cattle branding statutes, on those interests, which are subject to a share agreement, a security interest, and, according to appellant, its judgment…
Respondent Federal Aviation Administration’s (“FAA”) motion to recall this court’s mandate requires us to revisit our earlier decision as part of our “continuing duty to review [the] jurisdiction of an appeal at any point in the appellate process.” National Solid Wastes Management Assoc.…
Cotton v. Jackson Page 15706
Defendant, Dr. Edward D. Jackson, Jr., appeals from the district court’s denial of his motion for summary judgment on the basis of qualified immunity on Plaintiffs procedural due process claim against Jackson.…
Willis Metheny v. Garfield Hammonds, Jr. Page 15707
Plaintiffs, inmates sentenced under Georgia's recidivist statute, O.C.G.A.…
In this review of the bankruptcy court’s grant of Appellee’s motion for summary judgment we consider the propriety of an attorney’s fees award to an oversecured creditor in a Chapter 13 bankruptcy proceeding and determine whether Georgia law imposes fiduciary duties on a mortgagee’s administration of a mortgagor’s…
Appellant has filed, pro se, a motion for a certificate of appealability in order to appeal the order of the district court (1) dismissing as untimely his motion pursuant to 28 U.S.C.…
Mark Donald Belcher v. Bridgeport Police Page 15788
Appellant has filed, pro se, motions seeking assignment of counsel, free trial transcripts, and permission to file fewer than the normally required number of copies of his appeal brief.…
Kevin Harper v. United States Page 15794
Appellant has filed, pro se, a motion for assignment of counsel.…
This action is a direct appeal from a decision of the National Labor Relations Board [“NLRB”].…
Christopher Scott and Johnny Ray Butler were found guilty of conspiring to distribute, or to possess with the intent to distribute, either cocaine or crack cocaine, see 21 U.S.C.…
United States v. Robert Todd Carlson Page 15818
A grand jury indicted Robert Todd Carlson on one count of robbing a bank in violation of 18 U.S.C.…
Randall Ferguson appeals the district court’s1 dismissal with prejudice of his 28 U.S.C.…
Alan Stuart G. Raleigh Hanbury v. Unum Life Insurance Company of America, and Desert Hospital Page 15820
I. Alan Stuart and G. Raleigh Hanbury (“Stuart”) filed this lawsuit-in the Superior Court of California against UNUM Life Insurance Company of America (“UNUM”) and Desert Hospital, Stuart’s employer, alleging breach of insurance contract, tortious breach of insurance contract, and loss of consortium.…
United States v. Richard Dehart Charlesworth Page 15821
Richard Dehart Charlesworth appeals the sentence imposed by the district court following his guilty plea to a charge of escape in violation of 18 U.S.C.…
Joanne Fielder v. Ual Corporation, a Delaware Corporation, Dba United Airlines, Defendantappellee Page 15822
Opinion by Judge ALDISERT; Concurrence by Judge W.…
Plaintiff Ramesh Sharma (“Sharma”) appeals the district court’s order modifying the terms of his settlement agreement (the “Settlement Agreement” or the “Agreement”) in Sharma’s qui tam action against the University of Southern California (“USC”) under the False Claims Act (“FCA”), 31 U.S.C.…
219 F.3d 895 (9th Cir. 2000) PERSHING PARK VILLAS HOMEOWNERS ASSOCIATION, an unincorporated and non-profit Homeowners Association; CSP-PERSHING, LTD., a California Limited Partnership; HARRY BIGHAM; TIMOTHY PENKALA; and JOSEPH JOHN, Plaintiffs-Appellees,v.UNITED PACIFIC INSURANCE COMPANY, a Washington corporation; and…
Custom Chrome, Inc., an indepepdent supplier of Harley-Davidson motorcycle parts and accessories, and its subsidiaries, appeal from the decision of the Tax Court determining deficiencies in Custom Chrome’s income taxes for the tax years 1992-1994.…
Phillips v. Donnelly Page 15828
Raymond Phillips pled guilty to vehicular manslaughter in Mississippi state court on June 29, 1995.…
218 F.3d 609 (6th Cir. 2000) Ella Williams, Plaintiff-Appellant,v.Toyota Motor Manufacturing, Kentucky, Inc., Defendant-Appellee.…
Kadonsky v. United States Page 15836
Steven Kadonsky appeals from a magistrate judge’s grant of summary judgment on his claim for the return of three sums of money which were administratively forfeited to the defendants (collectively “the government”) in 1991.…
William Radue v. Kimberly-Clark Corporation Page 15837
When Kimberly-Clark informed William Radue that he would be laid off from his mechanical engineer position as part of a reduction in force, it also mentioned that he could seek other positions with the company.…
United States v. Robert P. Crotteau Page 15838
On July 14, 1999, a grand jury returned a one-count indictment charging the defendant-appellant, Robert Crotteau, with “knowingly and unlawfully [taking], by force and violence, and by intimidation, from the person and presence of others, money totaling approximately $1,430,” in violation of 18 U.S.C.…
At least one too many UHaul trucks were motoring eastbound on the Indiana toll road around midnight on a winter night a few years ago.…
United States v. Cesar Escobales Page 15842
OPINION OF THE COURT The relevance of past convictions to sentences for current crimes has been one of the most frequently litigated issues under the regime of the federal sentencing guidelines.…
Dorothy Hamilton v. Unum Life Insurance Co. Page 15844
Dorothy Hamilton (“Hamilton”) appeals the grant of summary judgment entered in favor of Allen-Bradley Company, Inc. (“Allen”).…
The National Labor Relations Board petitions for enforcement of the Decision and Order it issued to Respondent Oklahoma Installation Company [Company] on May *1162 14, 1998, finding that the Company recognized the United Brotherhood of Carpenters & Joiners Local Union No. 943 [Union] as a 9(a) representative and…
Sturdevant v. Paulsen Page 15846
This interlocutory appeal of the district court’s denial of Eleventh Amendment immunity presents the legal issue of whether the Colorado State Board for Community Colleges and Occupational Education (“the Board”) is an “arm of the state” for purposes of the Eleventh Amendment.…
Watley v. Williams Page 15847
In New Mexico state district court, a jury convicted Petitioner David Watley of multiple counts of criminal sexual penetration and other offenses, resulting in a 60-year sentence.…
The National Labor Relations Board petitions for enforcement of the Decision and Order it issued to Respondent Triple C Maintenance, Inc., on October 30, 1998, finding that Triple C is not free to attack a collective bargaining agreement on the basis of a claim of lack of majority support after more than six months…
United States v. Michael Sevane Rhynes, United States of America v. Michael Sevane Rhynes Page 15849
Judgment vacated and new trial awarded by published opinion.…
This case involves a challenge to Washington statute RCW 72.09.480 (the “Statute”), which authorizes a deduction of 35% from all funds received by inmates from outside sources.…
Wayne Dale Schell v. Larry Witek, Warden Bill Lockyer, Attorney General, State of California, 1 Page 15852
OVERVIEW Wayne Dale Schell (“Schell”) appeals a district court judgment denying his 28 U.S.C.…
In Re: America West Airlines, Inc., Debtor. El Paso City of Texas v. America West Airlines, Inc. Page 15853
The City of El Paso (“City” or “El Paso”) appeals the district court’s order affirming the bankruptcy court’s decision granting summary judgment in favor of the debtor, America West Airlines, Inc. (“America West”), and denying El Paso’s motion for summary judgment.…
Richard W. Deppe v. United Airlines Page 15854
Richard W. Deppe appeals an adverse summary judgment in his discrimination claim under the Americans with Disabilities Act.…
This is an action for declaratory and injunctive relief brought by the American Association of Medical Colleges, the American Medical Association, a host of other medical associations, and numerous teaching hospitals against the Office of the Inspector General for the Department of Health and Human Services and the…
217 F.3d 1256 (9th Cir. 2000) In re: COMPTON IMPRESSIONS, LTD., a California limited partnership, Debtor.COMPTON IMPRESSIONS, LTD., a California limited partnership, Appellant,v.QUEEN CITY BANK, N.A.; CERRITOS VALLEY BANK; PACIFIC BUSINESS BANK, Appellees.In re: COMPTON IMPRESSIONS, LTD., a California limited…
Petitioner appeals the district court’s denial of habeas relief from a magistrate’s issuance of an extradition certificate and an order of commitment.…
United States v. Jose Alfredo Reyes-Platero Page 15858
218 F.3d 1001 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JOSE ALFREDO REYES-PLATERO, Defendant-Appellant.…
Herring v. Keenan Page 15859
218 F.3d 1171 (10th Cir. 2000) SYLVIA HERRING AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FREDERICK HERRING, Plaintiff - Appellee,v.KATHLEEN KEENAN, Defendant-Appellant.…
United States v. Steven Allen Wald Page 15860
*1224 ORDER This matter is before the court on appel-lee’s petition for rehearing with suggestion for rehearing en banc and appellant’s response.…
Florentina Cardoso Aurora Moran Arturo Martinez v. Janet Reno, Attorney General of the United States Page 15861
Plaintiffs-Appellants brought this action for injunctive and declaratory relief under 8 U.S.C.…
United States v. Tovias Marroquin Page 15863
Jesus Tovias-Marroquin (“Tovias”) was convicted of illegal entry after deportation in violation of 8 U.S.C.…
Garland Ross appeals the denial of his application for social-security disability benefits.…
United States v. Jeffrey S. Chmielewski Page 15875
Jeffrey Chmielewski appeals his convictions for currency structuring, 31 U.S.C.…
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
Cabberiza v. Moore Page 15877
In Florida, most felonies are tried before a six-person jury.…
Roberts v. Sutton Page 15878
Raymond Roberts appeals the district court’s denial of his 28 U.S.C.…
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON and Judge FRIEDMAN joined.…
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
James Hunt v. City of Markham, Illinois Page 15903
Four white police officers sued the City of Markham, a Chicago suburb, charging racial and age discrimination in violation of 42 U.S.C.…
216 F.3d 122 (D.C. 2000) National Rifle Association of America, Inc. et al.,Appellantsv.Janet Reno, Attorney General of the United States, Appellee No. 99-5270 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued March 17, 2000Decided July 11, 2000 [Copyrighted Material Omitted] Appeal from the…
Gregory v. Shelby County Page 15913
OPINION The plaintiff, Mickey Gregory, as Administrator of the Estate of Gerald Gregory, appeals four decisions of the trial court: (1) the grant of a directed verdict to defendant Shelby County; (2) the grant of re-mittitur to defendants Rhett Shearin and Jerry Ellis; (3) the dismissal of the official capacity claims…
Marilyn Anderson v. Procter & Gamble Company the Procter & Gamble Disability Benefit Plan Page 15914
OPINION This is an ERISA ease in which the Appellant, Marilyn Anderson, a beneficiary of the Appellee’s Disability Benefit Plan, seeks to recover for the cost of legal assistance during her administrative appeal to the Plan Trustees.…
Mary C. McKenzie v. Bellsouth Telecommunications, Inc., D/B/A South Central Bell Telephone Company Page 15915
OPINION Plaintiff-Appellant, Mary McKenzie, appeals the district court’s grant of summary judgment for Defendant-Appellee, BellSouth Telecommunications Inc. (“BellSouth”), in her action alleging that BellSouth harassed and discharged her in violation of the qui tam 1 provisions of the False Claims Act (“FCA”), 31…
219 F.3d 92 (2nd Cir. 2000) PRIMETIME 24 JOINT VENTURE, Plaintiff-Appellant,v.NATIONAL BROADCASTING COMPANY, INC., ABC, INC., CBS, INC., FOX BROADCASTING COMPANY, NATIONAL ASSOCIATION OF BROADCASTERS, NBC TELEVISION AFFILIATES, ABC TELEVISION AFFILIATES ASSOCIATION, CBS TELEVISIONNETWORK AFFILIATES ASSOCIATION, KPAX…
United States v. James Colon, Xue Yu Lin Page 15917
Xue'Yu Lin appeals from the October 5, 1999, judgment of the United States District Court for the Southern District of New York (Scheindlin, J.), sentencing her principally to one year and one day of imprisonment and two years of supervised release.…
United States v. Arturo Estrada-Macias Page 15918
218 F.3d 1064 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ARTURO ESTRADA-MACIAS, Defendant-Appellant.…
218 F.3d 1045 (9th Cir. 2000) ROBERT DEVEREAUX, Plaintiff-Appellant,v.ROBERTO RICARDO PEREZ, Defendant,andTIMOTHY DAVID ABBEY; LAURIE ALEXANDER; KATE CARROW; LINDA WOODS; EARL TILLY, in his official capacity as Public Safety Commissioner for the City of Wenatchee; CITY OF WENATCHEE, a municipal corporation; WASHINGTON…
223 F.3d 1064 (9th Cir. 2000) In re: THOMAS A.…
Victor Manuel Solis v. Rosie Garcia Page 15921
Petitioner-appellant Victor Solis was convicted by a jury in California state court of second-degree murder and was sentenced to sixteen years to life in prison.…
218 F.3d 1040 (9th Cir. 2000) BIRTH HOPE ADOPTION AGENCY, INC., an Arizona corporation, Plaintiff-Appellant, v.ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM, an agency of the State of Arizona, aka, Arizona Health Care Cost Containment System, aka AHCCCS; MABEL CHEN, as Director of the Arizona Health Care Cost…
James W. Marsh had a heart attack while employed by Omaha Printing Company.…
United States v. James L. Waller Page 15924
After a bench trial, the district court 1 found James L.…
Debbie Stekloff was employed as a psychiatric nurse for St. John’s Mercy Health Systems when she had an argument with her supervisor about making personal calls during work hours.…
Edward E. Hogan v. Department of the Navy Page 15926
The United States Department of the Navy abolished Edward E.…
220 F.3d 81 (2nd Cir. 2000) JOEL ROTHMAN, individually and on behalf of all others similarly situated; ISAAC AUGENSTEIN, on behalf of himself and all other similarly situated; RUEBEN ADVANI, individually and on behalf of all others similarly situated; WILLIAM KELLMAN, individually and on behalf of all other similarly…
Jerasimos Papapanayotou, attorney pro se, appeals from an order of the United States District Court for the Southern District of New York (Charles L.…
This case presents a dispute between rival boxing promoters, plaintiff Cedric Kushner Promotions, Ltd. (“Kushner”) and defendants Don King (“King”), Don King Productions, Inc., and DKP Corporation (together, “DKP”).…
217 F.3d 1168 (9th Cir. 2000) ALLAN J. FAVISH, Plaintiff-Appellant,v.OFFICE OF INDEPENDENT COUNSEL, Defendant-Appellee.…
Opinion by Judge FLETCHER; Dissent by Judge O’SCANNLAIN.…
United States v. Roger R. Lussier Page 15958
Appellant Roger R. Lussier appeals from a judgment of the district court for the District of Vermont (J.…
This appeal requires us to determine whether recent congressional funding restrictions have effectively suspended the ability of the Bureau of Alcohol, Tobacco and Firearms (the “ATF”) and the federal district courts to review applications by individuals for relief from federal firearms disabilities.…
The district court dismissed this employment claim, asserted under, inter alia, the Americans with Disabilities Act (“ADA”), 42 U.S.C.…
Appellants Hermes International, Hermes Sellier, Hermes Gestión, Inc., and Hermes of Paris, Inc., (collectively referred to as “Hermes”), appeal an Order of final judgment entered by the United States District Court for the Southern District of New York (Scheindlin, J.) granting summary judgment in favor of appellees…
Mitchell v. City of Moore Page 15964
Captain Lyndell Mitchell, a police officer with the Moore, Oklahoma police department, sued the City of Moore and three city officials individually, claiming several adverse employment actions, including paid suspensions and the denial of a promotion, created various federal and state causes of action.…
Sealock v. State Of Colorado Page 15965
Appellant Richard J. Sealock appeals from the district court’s order granting summary judgment to the appellees on his complaint brought pursuant to 42 U.S.C.…
Smith v. Johnson Page 15966
Grayling Lamar Smith appeals the district court’s dismissal of his petition for habeas relief.…
Hall v. Cain Page 15967
Mark D. Hall seeks a certificate of ap-pealability (COA) to appeal the district court’s denial of his 28 U.S.C.…
United States v. David MacKins Page 15968
dissenting. Although the majority concludes that an Alford plea falls within the definition of “prior sentence” under U.S.S.G.…
Gonzales v. West Page 15969
Richard B. Gonzales was in active military service from July 1968 to December 1969.…
Petitioner-appellant David Warren was convicted by a jury of .murder in the second degree and two robbery counts in the Supreme Court of New York, New York County.…
United States v. Bob Brumley Page 15993
A jury convicted Bob Brumley of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C.…
Webco Industries, Inc. (“Webco” or the “company”) petitions for review of a National Labor Relations Board (“NLRB” or “the Board”) decision and order finding that Webco violated sections 8(a)(1) and (3) of the National Labor Relations Act (“the Act”).…
218 F.3d 337 (4th Cir. 2000) SCOTT GOLDSTEIN, PLAINTIFF-APPELLANT,V.THE CHESTNUT RIDGE VOLUNTEER FIRE COMPANY; RICHARD YAFFEE; ROSS MCCAUSLAND; HARRY KAKEL; WILLIAM NEWBERREY, III; MICHAEL FOX; EUGENE REYNOLDS; NICK CORONEOS, DEFENDANTS-APPELLEES.SCOTT GOLDSTEIN, PLAINTIFF-APPELLEE,V.THE CHESTNUT RIDGE VOLUNTEER FIRE…
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.…
Reversed by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Senior Judge GODBOLD joined.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge WILLIAMS joined.…
219 F.3d 519 (6th Cir. 2000) Aetna Casualty and Surety Company, n/k/a Travelers Casualty and Surety Company of America, Plaintiff-Appellee/ Cross-Appellant (99-3005),v.Leahey Construction Company, Inc., et al., Defendants, KeyBank National Association (Ohio) and Edward Donnelly, Defendants-Appellants…
This appeal involves narrow legal issues of first impression arising from a collateral skirmish in the same district court that is conducting a marine limitation of liability proceeding.…
In Re Jerry W. McIntyre and Waltrout McIntyre Debtors. Waltrout McIntyre v. United States Page 16012
We must decide whether the Internal Revenue Service may levy upon ERISA-regulated pension benefits to satisfy a husband’s tax debt against the claim that the wife has a vested interest in half of those benefits under community property laws.…
Tentó International, Inc. (“Tentó”) appeals the district court’s dismissal of its claims against State Farm Fire and Casualty Company (“State Farm”).…
This case is about the present consequences of the way in which Ameritech Corporation (and its predecessors) computed time for purposes of its pension plan, early retirement, and similar benefits, when the reason for an approved absence from work was pregnancy rather than any other short-term disability.…
When Milwaukee Engraving Co. entered bankruptcy, it was represented by Maier Mcllnay & Kerkman, Ltd. (mmk).…
Gregory A. Schmittling petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that denied his individual right of action (“IRA”) appeal.…
Music Square Church v. United States Page 16046
Music Square Church (MSC) appeals the dismissal of its complaint with prejudice.…
Bowey v. West Page 16047
Appellant, John T. Bowey, seeks review of a decision of the United States Court of Appeals for Veterans Claims, denying his application for attorney’s fees and expenses under the Equal Access to Justice Act (“EAJA”).…
Loza v. Apfel Page 16052
The Commissioner of Social Security, concluding that Fidel G.…
This is an appeal from a decision of the district court in Talat Enterprises, Inc., v. Aetna Cas.…
Harris v. Hammonds Page 16102
Eddie Paul Harris appeals the district court’s order granting summary judgment to Appellee Hammonds, Chairman of the State Board of Pardons and Paroles, and denying Harris’s cross motion for summary judgment in his pro se civil rights complaint under 42 U.S.C.…
In the wake of Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct.…
United States v. Jennifer Aguillard Page 16105
Jennifer Ford Aguillard appeals her 24-month sentence imposed upon revocation of supervised release, contending that it is too long.…
Davenport v. United States Page 16106
Appellant Joseph F. Davenport timely filed a § 2255 motion to vacate his conviction and sentence raising four claims.…
Appellants Wise Enterprises, Inc., Crase, Inc., Mardi Gras, Inc., and Sandra Gardner appeal the district court’s order granting summary judgment to Appellees Unified Government of Athens-Clarke County (“the County”) and John S.…
United States v. Carlos Lopez Page 16112
Vacated and remanded by published opinion.…
United States v. Dennis Blane Gwinn Page 16113
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON and Senior Judge HAMILTON joined.…
United States v. John Steven Lerose Page 16114
Vacated and remanded by published opinion.' Judge TRAXLER wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge BULLOCK joined.…
OPINION Plaintiff-Appellant James Curtis Palmer, a Chapter 7 debtor in bankruptcy, appeals the decision of the Bankruptcy Appellate Panel of the Sixth Circuit (“BAP”), which reversed the bankruptcy court’s holding that Palmer’s 1991 and 1992 tax debts are dischargeable.…
Keith E. Griffin v. Super Valu Page 16118
Keith Griffin appeals the district court’s 1 order granting summary judgment to his employer, Super Valu, in this employment discrimination action under Title VII of the Civil Rights Act of 1964, see 42 U.S.C.…
We are presented with the question whether, in an action in which the district court’s jurisdiction is supplemental, federal or state law governs the recoverability of attorney’s fees incurred in filing a motion under Federal Rule of Civil Procedure 65.1 to enforce a supersedeas bond posted under Federal Rule of Civil…
Tocher v. City of Santa Ana Page 16128
Patrick Tocher (“Tocher”), the operator of a tow truck business in Santa Ana, California, filed this action against the City of Santa Ana (“City”), alleging that the city’s ordinances regulating the automobile towing industry are preempted by 49 U.S.C.…
These three appeals stem from a shift in the battlegrounds that former spouses Salvatore DiSalvo (“Salvatore”) and Jody Di-Salvo (“Jody”) have chosen for resolution of their disputes, moving from a state domestic relations tribunal to the federal bankruptcy court: 1.…
United States v. Fabian Barrios-Gutierrez Page 16130
218 F.3d 1118 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.FABIAN BARRIOS-GUTIERREZ, Defendant-Appellant.…
Anatoly Michaelovich Kozulin Lioudmila Nikolaevna Larina v. Immigration and Naturalization Service Page 16132
Anatoly Michaelovich Kozulin petitions for review of the denial by the Board of Immigration Appeals (“BIA”) of his application for asylum and withholding of deportation under 8 U.S.C.…
United States v. Fausto Dejesus Page 16151
Defendant Fausto Dejesus appeals from a judgment of the United States District Court for the Southern District of New York (Jed S.…
218 F.3d 152 (2nd Cir. 2000) 767 THIRD AVENUE ASSOCIATES, CARLYLE LIMITED PARTNERSHIP-XI, MELVYN KAUFMAN, and ROBERT KAUFMAN, Plaintiffs-Appellants,v.CONSULATE GENERAL OF SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA, YUGOSLAV PRESS AND CULTURAL CENTER, YUGOSLAV CHAMBER OF ECONOMY, FEDERAL REPUBLIC OF YUGOSLAVIA, REPUBLIC…
216 F.3d 1168 (D.C. Cir. 2000) Western Coal Traffic League, et al.,Petitionersv.Surface Transportation Board and United States of America, RespondentsNorfolk Southern Corporation, et al., Intervenors Nos. 00-1115, 00-1118, 00-1120 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued June 13…
Opinion for the Court by Circuit Judge GINSBURG.…
Opinion for the Court filed by Circuit Judge GARLAND.…
United States v. Johnson, Michael Page 16157
Opinion for the Court filed by Circuit Judge GARLAND.…
In Re SEALED CASE Page 16158
Opinion for the Court filed by Circuit Judge WILLIAMS.…
Bigelow v. Department of Defense Page 16159
Opinion for the Court filed by Circuit Judge RANDOLPH.…
In May 1993 Huntley Ready Mix sold all of its operating assets for $151,000 to Harvard Ready Mix.…
Joseph Waymire, a conductor for the defendant Norfolk and Western Railway Company (“N & W”), sued his employer under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C.…
United States v. Shawna Leanne Smith Page 16179
On January 28, 1999, Defendant Shawna L. Smith (“Smith”) was arrested for bank fraud.…
Afflicted with muscular dystrophy, David Pals worked for 26 years as the used car manager of Schepel Buick.…
This case presents the question of personal jurisdiction in a diversity ease in which the Appellant, Future Technology Today, Inc. (“FTT”), a Florida corporation, brought an action for breach of contract and conversion against the Appellee, OSF Healthcare Systems (“OSF”), an Illinois corporation.…
United States v. Rodriguez Page 16182
Defendant Leodon Rodriguez appeals his conviction under the Hobbs Act, 18 U.S.C.…
Unlimited Beverages, Inc. and its successor Unico Holdings, Inc. (“UBI”) appeal from a final judgment in favor of Abbott Laboratories (“Abbott”) imposing sanctions against UBI after finding that it was in contempt for violating a final consent judgment entered in 1994.…
James J. Flanagan Stevedores, Incorporated (employer), and Signal Mutual Indemnity Association, Limited, 1 petition for review of a final order of the Benefits Review Board (BRB) affirming an order by an administrative law judge (ALJ) awarding additional benefits to John C.…
This is an action under 42 U.S.C. § 1983.…
219 F.3d 232 (3rd Cir. 2000) TOSHIA WATTERSON, A/K/A TASHA, TOSHIA WATTERSON, APPELLANTV.UNITED STATES OF AMERICA No. 98-1596 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Submitted Under Third Circuit LAR 34.1(a) March 2, 2000Opinion Filed July 10, 2000 1 ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE…
This case requires us to determine whether an administrative agency can create a limitations period affecting the ability of an Article III court to review agency action, absent an express delegation of congressional authority.…
United States v. Larry Dean Dusenbery Page 16214
OPINION Larry Dean Dusenbery appeals a district court judgment granting summary judgment for the government in this administrative forfeiture proceeding initiated pursuant to 21 U.S.C.…
ORDER A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc.…
Celia Aleman (“Aleman”), a 62-year-old permanent resident alien, appeals the district court’s dismissal of her action challenging a provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.L.…
Eisinger petitions this court for review of the Federal Labor Relations Authority’s (“FLRA”) decision affirming the dismissal of his “clarification of unit” (“CU”) petition for lack of standing: In his CU petition, Eisinger sought to clarify whether the employees of the Small Business Administration’s (“SBA”) Fresno…
United States v. Albers Page 16488
221 F.3d 1133 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.MARK C.…
Tony Eugene Saffold v. Anthony Newland Page 16489
224 F.3d 1087 (9th Cir. 2000) TONY EUGENE SAFFOLD, Petitioner-Appellant,v.ANTHONY NEWLAND, Respondent-Appellee.…
United States v. Dennis Guy Clark Page 16490
Following a jury trial in the United States District Court for the District of Idaho, Dennis Guy Clark (“Clark”) was convicted of the following federal offenses arising from his involvement in the burglary of a pawn shop in Salmon, Idaho: distribution of marijuana in violation of 21 U.S.C.…
Columbia River People’s Utility District (“CRPUD”) appeals the grant of summary judgment in an antitrust action brought against Portland General Electric Company (“PGE”).…
Couveau v. American Airlines, Inc. Page 16492
Lynn Couveau brought an employment discrimination action against American Airlines under California’s Fair Employment and Housing Act (FEHA), Cal.…
United States v. Izaguirre-Losoya Page 16493
Javier Izaguirre-Losoya appeals the district court’s imposition of a consecutive rather than concurrent sentence.…
Opinion by Judge MCKEOWN; Concurrence by Judge TASHIMA; Concurrence by Judge MCKEOWN.…
SUHRHEINRICH, J., delivered the opinion of the court, in which SILER, J., joined.…
OPINION This case requires us to decide whether the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C.…
OPINION This appeal arises out of Thomas E.…
Tuhran A. Lear v. Roger D. Cowan, Warden Page 16680
Lear was sentenced to death by an Illinois state court, and after exhausting state remedies, see People v. Lear, 143 Ill.2d 138, 157 Ill.Dec.…
Jorge Mederos v. United States Page 16682
Jorge Mederos, proceeding pro se (as he was before the district court), appeals the dismissal of his 28 U.S.C.…
The United States appeals a district court order upholding the right of International Aircraft Recovery (“IAR”) to salvage, over the objection of the federal government, a Navy torpedo bomber that crashed in the Atlantic Ocean during World War II.…
In the Matter Of: Constance P. Mercer, Debtor. At&t Universal Card Services v. Constance P. Mercer Page 16684
ON PETITION FOR REHEARING EN BANC (Opinion April 26, 2000, 5 Cir., 2000, 211 F.3d 214) Before JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M.…
Sawczak v. Goldenberg (In Re Goldenberg) Page 16915
In April of 1992, Dr. Alan Goldenberg performed gall bladder surgery on Shirley Sawczak.…
Dr. Marilynn K. Hammond appeals from a final order entered in the United States District Court for the District of Minnesota granting summary judgment in favor of Northland Counseling Center, Inc. (“Northland”), on her claim pursuant to the whistleblower provision of the False Claims Act, 31 U.S.C.…
In October 1997, Edwin Obafemi Prosper pleaded guilty to participating in a money-laundering conspiracy in violation of 18 U.S.C.…
Four Arkansas inmates appeal the district court’s dismissal without prejudice of their 42 U.S.C.…
United States v. Jesus Navarro Page 16919
The defendant appeals the District Court’s 2 denial of his motion to depart downward from the Sentencing Guidelines.…
Around 8:30 a.m. on September 2, 1999, two men robbed the First Source Bank in Osceola, Indiana, a few miles east of Mish-awaka and its neighbor, South Bend.…
In September 1994, Edward Staats learned that he suffers from bipolar disorder.…
After Rhonda Wendling and Darla Bou-relle were injured in the course of their employment at Sears Logistical Systems (SLS) in Manteno, Illinois, they both filed product liability and tort actions in the Illinois state court system.…
On February 28, 1998, the United States Customs Service in Chicago, Illinois, seized 4500 clock radios from Abbey Manufacturing Company on the grounds that the radios contained counterfeit Underwriters Laboratories Certification Marks attached thereto.…
220 F.3d 518 (7th Cir. 2000) ELLIS BAGLEY, JR., Plaintiff-Appellant,v.AMERITECH CORPORATION, a Delaware corporation, Defendant-Appellee.…
OPINION OF THE COURT This is an appeal from the decision of the United States District Court for the District of Delaware denying the petition of Dwayne Weeks for a writ of habeas corpus.…
United States v. White Page 16927
This direct criminal appeal arises from the conviction following jury trial of Appellants Doris Jean White, Anthony Wayne Criner and Jesus Visoso Ramirez for conspiracy to distribute and possession with intent to distribute cocaine in violation of 18 U.S.C.…
Fresh Source Produce, Inc. and Edward Tomaneng appeal an adverse summary judgment and award of attorney’s fees in a suit brought under the Perishable Agricultural Commodities Act (PACA).…
Affirmed and dismissed by published opinion.…
Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MURNAGHAN and Judge MICHAEL joined.…
Hany William petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing, as untimely, his motion to reopen deportation proceedings.…
On May 21, 1999, Winifred Cotter and seven other white officers of the Boston Police Department brought an action under section 1983, 42 U.S.C.…
United States v. Jose Ramon Hernandez, United States of America v. Douglas Gorbea Del-Valle Page 16935
In September of 1997, U.S. Customs agents intercepted a container holding cocaine bricks with a street value of close to one billion dollars.…
Leonard v. Parry Page 16937
This appeal asks whether, under particular circumstances, an amendment adding a party after the expiration of the statute of limitations relates back to the date on which the plaintiff commenced the action.…
United States v. Paradis Page 16938
We must decide whether a defendant convicted of.a single count of laundering the proceeds' of bankruptcy fraud was properly ordered to make restitution to the bankruptcy trustee.…
219 F.3d 962 (9th Cir. 2000) ESTHER JOSEPHINE BUNUAN AGBUYA, Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.…
May an absent parent who owes money to the County for child support payments made by the County prior to the entry of a child support order have that debt discharged in a Chapter 13 bankruptcy proceeding?…
Torres v. E.I. DuPont De Nemours & Co. Page 16948
Appellants Angel Luis Torres and Agro-Industrias de Comerio sued E.I.…
Reynolds v. Mainegeneral Health Page 16950
This appeal requires us to interpret the scope of coverage under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C.…
This “slip and fall” case comes to us on appeal from the United States District Court for the District of Maine.…
United States v. Gregory James Grant Page 16952
The resolution of this appeal hinges on a September 1, 1998 affidavit executed by United States Customs Service (“Customs Service”) Special Agent Karen Booke (the “Booke Affidavit”) and submitted to a United States Magistrate Judge in support of a search warrant application.…
Rex K. DeGeorge petitions this court for a writ of mandamus commanding the United States District Court for the Central District of California to (1) vacate its order denying DeGeorge’s motion to dismiss certain counts for which he has been indicted as time barred, and (2) enter an order dismissing those counts.…
Opinion for the Court filed by Circuit Judge SENTELLE.…
D&F Afonso Realty Trust v. Garvey Page 16972
Opinion for the Court filed by Circuit Judge SENTELLE.…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
United States v. Alexander D. Loney Page 16974
OPINION OF THE COURT When the Newark police arrived at 5:30 in the morning to investigate the scene of a reported burglary, they discovered Alexander Loney standing nearby on his aunt’s porch.…
219 F.3d 279 (3rd Cir. 2000) RONALD CAMP, APPELLANTV.EDWARD BRENNAN, SUPERINTENDENT; BROOKS, DEPUTY SUPERINTENDENT; MARQUART, DEPUTY SUPERINTENDENT; JOHN THOMPSON, SR.; CLARK, GUARD; WALMSLEY, GUARD; BURTON, GUARD; BYERLEY, GUARD; JONES, GUARD; AND JOHN DOES No. 99-3887 UNITED STATES COURT OF APPEALS FOR THE THIRD…
Madhat Zubi v. At&t Corp Page 16976
219 F.3d 220 (3rd Cir. 2000) MADHAT ZUBI APPELLANT,v.AT&T CORP.…
United States v. Hilario Page 16978
Fermín Hilario moved to dismiss an indictment brought against him, claiming that the protracted tenure of a court-appointed interim United States Attorney contravened applicable federal statutes, violated the Appointments Clause, offended the separation-of-powers principle and, in the end, rendered the indictment a…
United States v. Robert Joseph Souther Page 16981
221 F.3d 626 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ROBERT JOSEPH SOUTHER, Defendant-Appellant.…
Plaintiffs filed this action in federal district court seeking declaratory and injunctive relief with respect to the State of Colorado’s “Lynx Recovery Plan” (the Plan), which proposed to introduce Canadian lynx into Colorado.…
United States v. Caldwell Page 16983
A jury convicted Defendant Dedrick Shawn Caldwell in 1994 of unlawful possession with intent to distribute and distribution of more than five grams of cocaine base in violation of 21 U.S.C.…
This appeal requires us to decide whether public university officials who dismiss a medical student for inadequate academic performance are entitled to qualified immunity from suit for alleged violations of the student’s due process rights under the Fourteenth Amendment.…
William G. West was indicted for one count of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C.…
Thomas v. Gibson Page 16986
I. INTRODUCTION An Oklahoma state jury found Darrell Thomas guilty of first degree murder and robbery by force.…
These cases are before us on remand from the Supreme Court.…
219 F.3d 734 (8th Cir. 2000) EFCO CORP., FORMERLY KNOWN AS, ECONOMY FORMS CORPORATION, APPELLEE,v.SYMONS CORPORATION, APPELLANT.EFCO CORP., FORMERLY KNOWN AS, ECONOMY FORMS CORPORATION, APPELLANT,v.SYMONS CORPORATION, APPELLEE Nos. 99-2628, 99-2629 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Submitted: March…
Ivan Pettit applied for disability benefits and supplemental security income in 1995 based on depression and alcoholism.…
Staftex Staffing v. Director, Office of Worker's Compensation Programs, U.S. Dept. of Labor Page 17241
217 F.3d 365 (5th. Cir. 2000) Staftex Staffing and Houston General Insurance Company, Petitionersv.Director, Office of Worker's Compensation Programs, United States Department of Labor and Ramiro Laredo, Respondents.…
A jury convicted Forestell Norman Sheppard of conspiring to possess with intent to distribute methamphetamine in violation of 21 U.S.C.…
United States v. Fabian Aguayo-Delgado Page 17243
A grand jury indicted Fabian Aguayo-Delgado on two counts.…
Since the beginning of 1999, this court has received 31 petitions for interlocutory appeal under 28 U.S.C.…
Members of the Leavell family bought some equipment for their recycling business in 1992.…
David Beasley, George Coe, and Jeffrey Thomas pled guilty to wire fraud and impersonating an Internal Revenue Service agent in violation of 18 U.S.C.…
Raydell Lacey appeals from her conviction for conspiracy to distribute cocaine and crack cocaine in violation of 21 U.S.C.…
Susan Roberts commenced this Title VII action against her former employer, Mid-south Vending, alleging that persistent sexual harassment by a co-worker had forced her to resign as a vending service route driver.…
The sole issue in this social security disability case is whether claimant Francine Shaw was able to perform light or sedentary work from March 17, 1994, through March 29, 1996, the day before she was awarded benefits based on a subsequent application.…
United States v. John L. Ciccone Page 17254
John L. Ciccone appeals his conviction and sentence for one count of conspiracy, 18 U.S.C.…
Valley Bank issued an Irrevocable Standby Letter of Credit to Omega Environmental, Inc., in exchange for a promissory note payable to the Bank.…
Brent Mower is a former employee of Union Pacific Railroad Company (“UP”).…
United States v. Gonzalez-Vazquez Page 17261
Hector Hernández-Negrón and Waldemar González-Vázquez appeal from their convictions following a trial for conspiracy to distribute controlled substances and aiding and abetting the distribution of controlled substances within one thousand feet of a school.…
219 F.3d 240 (3rd Cir. 2000) OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P.v.NEWTOWN TOWNSHIP; ZONING HEARING BOARD OF NEWTOWN TOWNSHIP, Appellants in No. 99-1453,OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P., Appellant in No. 99-1455,v.NEWTOWN TOWNSHIP; ZONING HEARING BOARD OF NEWTOWN TOWNSHIP,OMNIPOINT COMMUNICATIONS…
218 F.3d 250 (3rd Cir. 2000) CHRISTOPHER FURNARI, APPELLANTV.WARDEN, ALLENWOOD FEDERAL CORRECTIONAL INSTITUTION; UNITED STATES PAROLE COMMISSION; M.D.…
OPINION Plaintiff, Geoffrey Davidian, appeals the district court’s grant of summary judgment on his claims that the City of Cooke-ville, Tennessee, and its city manager, Jim Shipley, violated his First Amendment rights by: 1) failing to provide him copies of or access to electronic information held by the city, and 2)…
OPINION The petitioner, Franklin Sanders, is a businessman who, prior to his conviction, worked as a retail dealer in Memphis, Tennessee selling gold and silver coins and bullion for cash.…
The appellant, Bayou Liberty Association, Inc. (“BLA”) challenges the district court’s denial of its motion for preliminary injunction and dismissal of its complaint.…
Daniel Webster v. Fulton County, Georgia Page 17310
The judgment of the district court is affirmed on the basis of the opinion of the district court published at 51 F.Supp.2d 1354 (N.D.Ga.1999).…
Robert M. Levine v. United States Page 17311
On January 11, 1991, a grand jury returned a five count indictment against the petitioner-appellant Richard M.…
Gregory Moore brought this action pursuant to the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C.…
United States v. Myris Matthews Page 17313
Myris Matthews pleaded guilty to one count of possession of cocaine base (“crack”) with the intent to distribute.…
Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge TRAXLER and Judge BULLOCK joined.…
221 F.3d 615 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.RICHARD DEON RUSSELL, a/k/a Richard Deon Thorn, Defendant-Appellant.…
226 F.3d 328 (4th Cir. 2000) In Re: BYRON JONES, a/k/a Carl Lee, a/k/a B, Movant.…
Delaney v. Deere & Company Page 17318
Plaintiff-appellant Gene Delaney appeals the district court’s grant of summary judgment to defendants-appellees Deere and Company and John Deere Limited (“Deere”).…
In this Title VII employment discrimination action under 42 U.S.C.…
First Trust National Association, as Indenture Trustee v. First National Bank of Commerce Page 17361
First Trust National Association (“First Trust”) is indenture trustee for a trust the assets of which are proceeds of notes sold by Belle Casinos, Inc. (“BCI”), and Biloxi Casino Belle, Inc. (“BCBI”).…
This case arises from an insurance coverage dispute between an employer and a former employee.…
A trustee in bankruptcy settled an adversary proceeding that he had brought against Samuel Zell and various individuals and corporations associated with him, claiming that they had looted the debtor’s estate.…
In September 1992 a New York Supreme Court Justice having defendant Donovan Spence before him on a robbery charge, offered the promise of youthful offender treatment to Spence on the condition that he not engage in any further misconduct or get rearrested.…
Defendants Donald Ferrarini, Everett J. Vieira, A.…
Defendant Scott Moree appeals from a sentence imposed pursuant to a judgment of conviction entered April 14, 1999 in the United States Court for the District of Connecticut (Aan H.…
Susan Rogers v. New York University Page 17370
In January 1993, Susan Rogers began work for New York University (“NYU”) as a clerical employee.…
Robert C. Kibler v. Kay Walters Page 17371
ORDER The opinion filed October 27, 1999, heretofore published at 197 F.3d 1251 (1999) is amended as follows: After “hearing” at p.…
Kennedy v. Southern California Edison Co. Page 17373
This appeal requires us to examine California tort and products liability law as made specifically applicable to actions in federal court for claims of injury arising out of nuclear power plant incidents.…
Alexei Chouchkov (“Chouchkov”) and his wife Natalia Kondratieva (“Kon-dratieva”) are Russian citizens.…
United States v. Stephen Paul Dunifer Page 17376
Stephen Paul Dunifer (“Dunifer”) appeals from the district court’s summary judgment granting injunctive and declaratory relief in favor of the United States in this action brought under § 301 of the Communications Act of 1934, 47 U.S.C.…
219 F.3d 1018 (9th Cir. 2000) ESTATE OF MARIA TERESA MACIAS, by and through its successors in interest; CLAUDIA MACIAS; JUAN MACIAS; AVELINO MACIAS, JR., minors, by and through their Guardian, Sara Hernandez; SARA HERNANDEZ, individually, Plaintiffs-Appellants, v.MARK IHDE, Sheriff; PAUL DAY, Sergeant; CRAIG WISEMAN…
United States v. John Doe, a Juvenile Page 17378
18 U.S.C. § 5033 prescribes the procedure to be followed when a juvenile is arrested by federal law enforcement officers.…
Vielma v. Eureka Company Page 17379
Plaintiff-appellant Eva Vielma (Vielma) brought this action against her employer, defendant-appellee Eureka Company (Eureka), alleging Texas law claims of age and disability discrimination.…
Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge THOMAS.…
OPINION The Commissioner of Social Security seeks to recover from the plaintiff, Manuel G.…
Midland Brake, Inc. (“Midland”) appeals a* jury verdict awarding $4,830,105 in damages- to Porous Media Corporation (“Porous”) for breach of contract.…
St. Paul Fire and Marine Insurance Company (“St. Paul Fire”) brought an action against Microsoft Corporation (“Microsoft”) in federal district court seeking a declaratory judgment defining its obligation to defend or indemnify Microsoft under its policy insuring the Defendant.…
A jury convicted Juan Orozco-Rodriguez of three counts of aiding and abetting the distribution of methamphetamine in violation of 21 U.S.C.…
Mary L. Schatz appeals the denial by the District Court 2 of her motion for summary judgment, in which she contended that her former employer, Mutual of Omaha Insurance Company (Mutual), arbitrarily and capriciously rejected her claim for long-term disability benefits.…
United States v. Michael James Evans Page 17431
The defendant, Michael James Evans, was implicated during a large-scale drug investigation in Arkansas that was referred to as “Operation Wholesale.” After a two day jury trial, Mr. Evans was found guilty of selling cocaine base, in violation of 21 U.S.C.…
David Rutlin v. Prime Succession, Inc. Kerley & Starks Funeral Homes, Inc., Jointly and Severally Page 17432
220 F.3d 737 (6th Cir. 2000) David Rutlin, Plaintiff-Appellant,v.Prime Succession, Inc.; Kerley & Starks Funeral Homes, Inc., jointly and severally, Defendants-Appellees.…
*729 OPINION Defendant Jose Antonio Caseslorente appeals from his jury conviction for theft of government property, conspiracy to steal government property, interstate transportation of stolen goods, and mail fraud on the basis that, under 18 U.S.C.…
OPINION OF THE COURT I. BACKGROUND The United States appeals from an order of the district court entered January 10, 2000, suppressing evidence obtained from the residence of defendant, James Regis Whitner, Jr., during a search conducted pursuant to a search warrant.…
Appellant, Linda Denno as parent and next friend for Wayne Denno (“Denno”), filed this complaint against Volusia County School Board (“Board”) and Assistant Principals Dennis Roberts and Robert Wallace (“individual defendants”) alleging deprivation of First Amendment rights in violation of 42 U.S.C.…
Appellant American-Amicable Life Insurance Company of Texas appeals the district court’s order remanding the case filed by Appellees Michael Poore and Bruce Bias to state court pursuant to 28 U.S.C.…
United States v. Gerald Griffin Harper, Jr. Page 17437
Gerald Griffin Harper, Jr. (“Harper”) appeals his sentence of 60 months’ imprisonment and three years’ supervised probation for possessing child pornography, in violation of 18 U.S.C.…
Jim Liautaud, upon request, provided his cousin, Michael Liautaud, with the secrets behind his successful sandwich shop business.…
Carol M. Kuchenreuther, an officer employed by the Milwaukee Police Department, brought a claim under 42 U.S.C.…
Kelley v. Goodyear Tire & Rubber Co. Page 17442
Marion I. Kelley, Jr. sued Goodyear Tire & Rubber Co. (Goodyear) alleging he was not hired because of his race, or, in the alternative, in retaliation for filing a discrimination complaint against a previous employer.…
Brown v. Coleman Company Page 17443
A three-member arbitration panel awarded Gerald E.…
United States v. Campos Page 17444
Terry Joe Lee Campos appeals his conviction following a jury trial for transporting child pornography through interstate commerce via computer, a violation of 18 U.S.C.…
Sauer Inc. appeals the decision of the Armed Services Board of Contract Appeals denying its request for an equitable adjustment of a construction contract and for remission of liquidated damages imposed under the contract.…
Albert D. Green and George K. Swerda (“Petitioners”) petition for review of the final decision of the Merit Systems Protection Board (“Board”) that dismissed their appeals for lack of jurisdiction.…
In this bid protest case, OMV Medical, Inc., protests the award of two contracts related to the Air Force’s Family Advocacy Program.…
Alfred A. Taylor and TNA Australia Pty Ltd. (collectively, Taylor) claimed that Ishida’s Apex Bagmaker infringed U.S. Patent No. 4,663,917 (the ’917 patent).…
Torco Oil Company (“Torco”) appeals the magistrate judge’s final judgment, after a bench trial, awarding $90,766 to Canal Barge Company, Inc. (“Canal Barge”) for damages arising from the alleged contamination and loss of use of a barge.…
OPINION Defendant Millers Childrens Apparel (“Millers Childrens”) appeals the judgment against it in a garnishment proceeding.…
Blachy v. Butcher Page 17509
GILMAN, J., delivered the opinion of the court, in which WELLFORD, J., joined.…
Robert Brooks v. City of Oak Ridge Page 17510
MOORE, J., delivered the opinion of the court, in which COLE, J., joined.…
concurring. I agree with the majority’s ultimate conclusion that the district court did not err in granting summary judgment in favor of the defendants.…
Donna Braunling v. Countrywide Home Loans Inc., a New York Corp. Cathy Kister, an Individual Page 17512
Donna Braunling (“Braunling”) appeals the district court’s order granting summary judgment in favor of Countrywide Home ' Loans, Inc. (“Countrywide”).…
Larita-Martinez, a citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (Board) denial of his application for suspension of deportation.…
Marciano Magallon-Jimenez (“Magal-lon”) appeals his conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C.…
The Commissioner of Internal Revenue (“Commissioner”) appeals the Tax Court’s decision that he abused his discretion in requiring Jim Turin & Sons, Inc. (“taxpayer”), to use the accrual method of accounting to compute its federal taxes for the tax years at issue.…
United States v. Willie C. Jones Page 17516
Attempting to break up a domestic argument, police officer Ron Almaroad helped Willie Jones move his property from the front lawn of his ex-wife’s apartment building to a nearby residence.…
United States v. Adam Jaderany, A/K/A Ahmad Jaderanipoor, A/K/A A.J. Jaderany, A/K/A Ahmad Jaderany Page 17518
Adam Jaderany, a used car salesperson in Fort Wayne, Indiana, was indicted for his participation in a scheme to defraud used car buyers.…
Opinion for the court filed by Senior Judge BUCKLEY.…
Derrick Jones v. Burl Cain, Warden Page 17521
218 F.3d 469 (5th Cir. 2000) DERRICK JONES, Petitioner-Appellant,v.BURL CAIN, Warden, Respondent-Appellee.…
United States v. Zamora Page 17539
Appellant Raul Zamora was convicted of one count of aiding and abetting an attempted armed robbery in violation of 18 U.S.C.…
United States v. Ramone Page 17540
Appellant Monty Yazzie Ramone (“Ra-mone”) was convicted of one count of assault resulting in serious bodily injury in violation of 18 U.S.C.…
221 F.3d 1151 (10th Cir. 2000) PHARMANEX, a Delaware corporation authorized to do business in the State of Utah, Plaintiff-Appellee,v.DONNA SHALALA, in her official capacity as Secretary of the United States Department of Health and Human Services; MICHAEL FRIEDMAN, in his official capacity as First Deputy…
220 F.3d 99 (3rd Cir. 2000) SANDVIK AB,V.ADVENT INTERNATIONAL CORP; ADVENT INTERNATIONAL GMBH; GLOBAL PRIVATE EQUITY III L.P.; GLOBAL PRIVATE EQUITY III-A L.P.; GLOBAL PRIVATE EQUITY III-B L.P.; ADVENT PGGM GLOBAL L.P.; ADVENT PARTNERS GPE-III LP; ADVENT PARTNERS (NA) GPE-III L.P.; ADVENT EURO-ITALIAN DIRECT…
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT SEA HUNT, INCORPORATED, Plaintiff-Appellee, and COMMONWEALTH OF VIRGINIA, Intervenor-Appellee, v. THE UNIDENTIFIED SHIPWRECKED VESSEL OR VESSELS, THEIR APPAREL, TACKLE, APPURTENANCES,AND CARGO LOCATED WITHIN COORDINATES 38 DEGREES 01' 36" NORTH LATITUDE…
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT J.…
Federal Deposit Insurance v. Kooyomjian Page 17548
Defendants Edward Kooyomjian and John DiCicco appeal a summary judgment in favor of the Federal Deposit Insurance Corporation (FDIC), the receiver of East-land Savings Bank (Eastland).…
Williams v. Raytheon Co. Page 17549
Ralph Williams charged Raytheon Company with (1) gender discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
David Ronald Chandler v. United States Page 17613
Petitioner, David Ronald Chandler, was sentenced to death for murder in furtherance of a continuing criminal enterprise under 21 U.S.C.…
S & Davis International v. Republic of Yemen Page 17614
S & Davis International, Inc. (“S & Davis”) filed suit in the Northern District of Alabama to enforce an arbitration award against the General Corporation for Foreign Trade and Grains (“General Corporation”) of Yemen.…
United States v. Peter John Cormier Page 17622
Peter Cormier (“Cormier”) was convicted by a jury of being a felon in possession of a firearm in violation of 18 U.S.C.…
ORDER The opinion filed on March 24, 2000 is amended as follows: Slip opinion, p.…
United States v. Juvenile (Rra-A) Page 17715
214 F.3d 1128 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JUVENILE (RRA-A), Defendant-Appellant.…
The Omaha, Nebraska, police were called to Tavares Johnson’s residence to investigate a shooting.…
Folorunso Adeyinka Afolayan and Grace Afolayan ask this court to reverse an order of the Board of Immigration Appeals (BIA) denying their request for discretionary suspension of a deportation order issued by the Immigration and Naturalization Service (INS).…
Reed v. Petroleum Helicopters, Inc. Page 17719
Margerite Myrick Reed appeals the summary judgment dismissal of her employment discrimination claims against Petroleum Helicopters, Inc. For the following reasons, we AFFIRM.…
Williams v. Trader Publishing Co. Page 17720
DefendanL-Appellant Trader Publishing Company (“Trader”) appeals from the district court judgment based on a jury verdict in favor of Plaintiff-Appellee Sharon M.…
Moll v. Brown & Root Inc. Page 17721
In this consolidated appeal of a grant of summary judgment, we AFFIRM the district court’s conclusion that Plaintiffs/Appellants’ claims against Appellees, ABB Lummus Global, Inc. and Combustion Engineering, Inc. (collectively “Lummus”) and H.B.…
219 F.3d 566 (6th Cir. 2000) Jocelyn Tompkin, Plaintiff-Appellant,v.American Brands, et al., Defendants, Phillip Morris, Inc., et al., Defendants-Appellees.…
OPINION Appellant Melvin Burns is a former employee of defendants Coca-Cola Enterprises and Knoxville Coca-Cola Bottling Company (KCC or the Company) who was constructively discharged from his position as a product deliverer after he suffered a serious on-the-job back injury in the summer of 1996.…
OPINION Plaintiff, Perceptron, Inc., and defendant, Sensor Adaptive Machines, Inc. (SAMI), appeal from the judgment entered following a jury trial on their respective claims and the district court’s disposition of several post-trial motions.…
A decade ago Cecil Watson applied for a managerial position at a post office.…
United States v. Edgar C. Richmond, Jr. Page 17726
On July 1, 1999, a jury returned a verdict of guilty against Edgar Richmond, Jr. on one count of conspiracy for making false statements to obtain a firearm in violation of Title 18, United States Code, Section 371 and six counts of aiding and abetting the making of a false statement to obtain a firearm in violation of…
Jennifer Dormeyer v. Comerica Bank-Illinois Page 17727
The plaintiff, who worked as a teller for the defendant bank between April 1994 and February 1996, brought suit against the bank and related entities unnecessary to discuss charging violations of the Family and Medical Leave Act, 29 U.S.C.…
Tuf, a dealer in motorcycles in DeKalb, Illinois, in 1987 signed a franchise contract with Suzuki that the latter terminated in 1994, precipitating this diversity suit by Tuf under the Illinois Motor Vehicle Franchise Act, 815 ILCS 710/1 et seq.…
Ford v. West Page 17729
In July 1997, Plaintiff Jewel Ford filed a complaint in federal district court against Defendant Togo West as the Secretary of the Army (Secretary) and Fitzsimons Army Medical Center (FAMC) alleging two claims of hostile work environment based on racial harassment and retaliation in violation of Title VII.…
United States v. Drago Carl Musa Page 17738
While on supervised release following convictions on three counts of bank fraud, appellant Drago Carl Musa (“Musa”) was convicted of misdemeanor witness intimidation in violation of California Penal Code § 136.1(b)(1).…
222 F.3d 323 (7th Cir. 2000) MCI TELECOMMUNICATIONS CORPORATION, a Delaware Corporation, and MCI METRO ACCESS TRANSMISSION SERVICES, INCORPORATED, a Delaware Corporation, Plaintiffs-Appellees,andUNITED STATES OF AMERICA and FEDERAL COMMUNICATIONS COMMISSION, Intervenors-Appellees,v.ILLINOIS BELL TELEPHONE COMPANY…
Plaintiffs-Appellants appeal the district court’s grant of summary judgment in favor of Defendant-Appellee Dallas Independent School District on their claims brought under Title IX of the Education Amendments of 1972.…
*751Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
Opinion for the Court filed by Circuit Judge TATEL.…
OPINION Plaintiff, Wheeling-Pittsburgh Steel Corp. (“Wheeling-Pittsburgh”), filed suit against defendants, Mitsui & Co. (U.S.A.), Inc., Marubeni America Corp., and Itochu International Inc., under the Antidumping Act of 1916 (“the 1916 Act”), 15 U.S.C.…
222 F.3d 455 (8th Cir. 2000) DOROTHY I. FEIST, INDIVIDUALLY, AND AS TRUSTEE FOR THE HEIRS AND NEXT OF KIN OF BRIAN KEITH FEIST, DECEASED, PLAINTIFF-APPELLEE,v.BRADLEY JON SIMONSON, DEFENDANT-APPELLANT,KIM JOHNSON; ROBERT GLASRUD; MATTHEW BLADE; CITY OF MINNEAPOLIS, MINNESOTA; CRAIG NORDBY, DEFENDANTS.SOLUTIONS OF THE…
219 F.3d 793 (8th Cir. 2000) IMAGEWARE, INC., NEBRASKA CORPORATION, DOING BUSINESS AS COTTONWOOD COMMUNICATIONS, AND RICHARD DAHLGREN, AN OFFICER AND A DIRECTOR OF IMAGEWARE, INC., APPELLANTS,v.U.S. WEST COMMUNICATIONS; U.S. MARKETING RESOURCES GROUP, INC., DOING BUSINESS AS U.S. WEST DIRECT; U.S. WEST, INC.; U.S.…
Appellant Quentin Hinton, aka Ronnie Baldwin (“Hinton”), appeals his conviction prosecuted from a three-count indictment.…
Luis Alarcon-Serrano (“Alarcon-Serra-no”) petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) order of exclusion.…
United States v. Drones Page 17765
Appellee Janadriek Kemont Drones was convicted of (1) conspiracy to possess crack cocaine with intent to distribute and (2) aiding and abetting possession of crack cocaine.…
In Re Grand Jury Subpoena Page 17766
Three consolidated appeals attack orders from the district court regarding subpoenas issued by a federal grand jury charged with investigating possible criminal violations of the Clean Air Act.…
Hunt Manufacturing Co. (Hunt) appeals the judgment of the United States District Court for the Western District of Wisconsin, 1 entered upon a jury verdict of infringement, under the doctrine of equivalents, of United States Patent No. 5,322,-001 (the ’001 or Fiskars patent) entitled “Paper Cutter with Circular…
Mary Ann Dillingham v. IBP, Inc. Page 17781
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-3061 ___________ Mary Ann Dillingham, Personal * Representative of the Estate of John W.…
After review and oral argument, we affirm in full the judgment of the district court which reversed the bankruptcy court’s denial of Appellant Alcatel’s motion to have its proof of claim treated as timely filed.…
United States v. Thomas W. Belwood Page 17850
On August 20,1999, a federal grand jury sitting in the Southern District of Illinois returned a three-count indictment charging Thomas Belwood with conspiracy to distribute and possession with intent to distribute marijuana (Count 1), in violation of 21 U.S.C.…
The Telecommunications Act of 1996, Pub.L.…
United States v. David A. Combs Page 17853
David A. Combs was charged with possession with intent to distribute methamphetamine, in violation of 21 U.S.C.…
222 F.3d 383 (7th Cir. 2000) Shawnee Trail Conservancy, Illinois Trail Riders, Horsemen's Council of Illinois, Southern Illinois Campground and Ranch Owners Association, and Illinois Federation of Outdoor Resources, Plaintiffs-Appellants,v.United States Department of Agriculture, United States Forest Service, Daniel…
United States v. Rodney White Page 17855
Rodney White appeals his conviction for bank robbery, aggravated bank robbery, and kidnaping during a bank robbery, in violation of 18 U.S.C.…
Plaintiff John Doe brought due process and ex post facto claims against the defendants, all of whom were officials with the New York State Division of Parole during the relevant time.…
United States v. James Best Page 17869
Defendant James Best appeals from a judgment: of conviction entered in the United States District Court for the Northern District of New York following a jury trial before Thomas J.…
Cazenovia College and the College of St. Rose appeal respectively from an order of the United States Bankruptcy Appellate Panel for the Second Circuit that affirmed the dismissal of Cazenovia College’s complaint against Kevin Renshaw, and from the judgment of the United States District Court for the Northern District…
United States v. Gama-Bastidas Page 17872
Jesus Roberto Gama-Bastidas (“Gama-Bastidas”) appeals from a conviction and sentence that he contends was imposed in violation of the law.…
222 F.3d 788 (10th Cir. 2000) DUANE CHOATE, Individually, and PATSY SUE MADEWELL, as Personal Representative of the ESTATE OF CLINTON KEITH MADEWELL, Plaintiffs-Appellants,v.CHAMPION HOME BUILDERS COMPANY, a Michigan corporation doing business in the State of Oklahoma, Defendant-Appellee,HERITAGE MOBILE HOMES, INC.…
Plaintiff-Appellant appeals the district court’s entry of judgment for Defendant Appellee after a bench trial on claims of copyright infringement, trade secret misappropriation and unfair trade practices.…
Public Service Co. v. Patch Page 17967
This appeal is the latest installment in a series growing out of New Hampshire’s efforts to deregulate the electric utility industry and trim rates for customers.…
Figueroa-Serrano v. Ramos-Alverio Page 17968
Fifty-six plaintiffs, current and former employees of the Municipality of Yabucoa, filed a lawsuit in the United States District Court of the District of Puerto Rico against the Mayor of Yabucoa and eleven members of the Municipal Assembly in their individual and ' official capacities.…
Petitioner, Aviators for Safe and Fairer Regulation, Inc. (“Aviators”), is a trade association of about fifty on-demand air charter companies.…
219 F.3d 800 (8th Cir. 2000) FORREST KINCADE, PARENT AND GUARDIAN OF JASON KINCADE, AN INCOMPETENT, PLAINTIFF-APPELLANT,LIBERTY MUTUAL INSURANCE COMPANY, INTERVENOR-APPELLANT,v.U.S. ELECTRICAL MOTORS, INC.; PRECISION, INC., DEFENDANTSBORTON, INC.; DEFENDANT-APPELLEE,JOHN DOES, 1 - 10; M/C ELECTRIC, DEFENDANTS.…
United States v. Roger Eugene Hinton Page 17971
Roger Eugene Hinton appeals the conviction and sentence entered by the district court 2 following his guilty plea to one count of being a felon in possession of a firearm, in violation of 18 U.S.C.…
Andre Ricardo Pierson appeals from a final judgment 1 finding him guilty, pursuant to a written plea agreement, of aiding and abetting possession with intent to distribute cocaine base in violation of 21 U.S.C.…
222 F.3d 643 (9th Cir. 2000) CHARLES WETZEL, Plaintiff-Appellant,v.LOU EHLERS CADILLAC GROUP LONG TERM DISABILITY INSURANCE PROGRAM; RELIANCE STANDARD LIFE INSURANCE COMPANY, Defendants-Appellees.…
We must decide the constitutionality of a local zoning ordinance concerning adult businesses.…
United States v. Ceron-Sanchez Page 17976
On January 26, 1999, defendant-appellant Juan Ceron-Sanchez entered a plea of guilty to one count of Reentry After Deportation in violation of subsections (a) and (b)(2) of 8 U.S.C.…
Warnicke & Littler (the Firm) appeals the district court’s denial of $10,000 additional attorneys fees in its representation of the bankrupt debtor, Cedic Development Co. (Cedic).…
Albert Shaw (claimant or plaintiff) appeals from two judgments of the United States District Court for the Eastern District of New York (Spatt, J.), entered on March 21, 1996 (1996 judgment) and on March 27, 1999 (1999 judgment), Shaw v. Apfel, No. CV 97-3820 (E.D.N.Y.…
United States v. G.H. Lincecum Page 18018
Defendant G.H. Lincecum appeals from a judgment entered in the United States District Court for the Southern District of New York, Lewis A.…
This appeal raises significant questions of first impression in this court regarding application of the attorney-client and work-product privileges in the corporate context.…
Zaher Zahrey v. Martin E. Coffey Page 18020
This appeal concerns the qualified immunity defense of a prosecutor accused of fabricating false evidence against a defendant.…
220 F.3d 465 (6th Cir. 2000) Nicholas J. Boroff, Plaintiff-Appellant,v.Van Wert City Board of Education; John Basinger; William Clifton; and David Froelich, Defendants-Appellees.…
A jury found the three defendants in this case guilty of mail fraud.…
Antonio Maney and J.D. McClinton were truck drivers for Vulcan Basement Waterproofing of Illinois, Inc. On occasion they were known to be foul-mouthed, insubordinate, and sometimes even violent.…
On March 30, 1999, the district court entered judgment in favor of plaintiff TriState Business Machines, Inc. (“TriState”) pursuant to a prior arbitration award, and denied defendant Lanier Worldwide, Inc.’s (“Lanier”) counterclaim for breach of the duty of good faith and fair dealing.…
Vicki G. Paluck v. Gooding Rubber Company Page 18027
Vicki Golden Paluck was employed by the Gooding Rubber Company (“Gooding”) from November 1987 until her termination in January 1997.…
United States v. Jackson Page 18028
220 F.3d 635 (5th Cir. 2000) United States of America, Plaintiff-Appellee,v.Christopher Rodriguez Jackson, Defendant-Appellant.…
OPINION OF THE COURT In this appeal, we are asked to determine whether the projected $1.7 million cost of notifying companies affected by two requests seeking potentially confidential information under the Freedom of Information Act (“FOIA”), 1 and of evaluating those companies’ responses, were properly chargeable to…
OPINION OF THE COURT Ethel Burnett (“Burnett”), asserting error in the denial of her application for social security disability insurance benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C.…
Jerry M. Stanley v. City of Dalton, Georgia Page 18053
Appellee Jerry M. Stanley, a police officer, brought this § 1983 action against Appellant James D.…
Frederick T. Steed v. Frederick Head Page 18054
Frederick T. Steed appeals the district court’s denial of his habeas corpus petition as untimely.…
Worrell v. Henry Page 18056
James Worrell appeals the district court’s grant of summary judgment against him and in favor of the defendants Gary Henry, William Floyd “Dub” Turner, Elaine Dodd, and Malcom Atwood on his claim alleging a violation of his First Amendment rights pursuant to 42 U.S.C.…
Rose v. Uniroyal Goodrich Tire Co. Page 18057
This case requires us to determine the extent to which a plea of nolo contendere is admissible in a civil action as evidence of an employer’s rationale for terminating an employee.…
We must determine whether the district court was correct in concluding as a matter of law that ordinances of the City of Los Angeles (the “City” or “Los Angeles”) prohibiting the operation of adult businesses that both sell adult products and contain facilities for the viewing of adult movies or videos were…
United States v. Erik Lindberg Page 18060
This case presents issues of first impression in this circuit under the Hyde Amendment, which allows a court to award litigation expenses to a prevailing criminal defendant where the government’s position was vexatious, frivolous, or in bad faith, see 18 U.S.C.…
United States v. Karen Pinjuv Page 18061
Karen Pinjuv appeals from the order of the district court revoking her supervised release and sentencing her to a term of imprisonment.…
United States v. Marc D. Andra Page 18062
Marc D. Andra appeals his sentence after a guilty plea to conspiracy to defraud the United States and corrupt intimidation of and interference with IRS agents.…
April Clark filed suit against the United States Postal Service (USPS), alleging racial discrimination in violation of Title VII.…
Wixon Jewelers, Inc. (Wixon), a Minnesota corporation, filed suit in Minnesota state court against Di-Star, Ltd. (Di-Star), a Delaware corporation, and its officers alleging breach of contract, violations of the Minnesota Franchise Act, and fraud in the inducement.…
After his former girlfriend complained to the police department in the City of Huron, South Dakota (“City”), William J.…
Defendant, Arcadia Financial (“Arcadia”), appeals the district court’s denial of its motion for summary judgment.…
ON PETITION FOR REHEARING Before HIGGINBOTHAM and PARKER, Circuit Judges.* The State of Texas petitions for panel rehearing, urging reconsideration of that portion of our opinion in which we concluded that the Independent Review Organization (IRO) provisions appearing in the Texas Insurance Code were' preempted.…
DECISION James E. Lang petitions for review of the final decision of the Merit Systems Protection Board (“MSPB” or “Board”), Docket No. CH-0752-99-0147-I-1, dismissing his appeal as being untimely filed.…
This government appeal challenges a preliminary injunction of the Court of International Trade prohibiting the Department of Commerce from continuing its administrative proceeding under 19 U.S.C.…
Opinion for the court filed by Circuit Judge BRYSON.…
Elmer Winters, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 18073
Elmer Winters appeals from a decision of the United States Court of Appeals for Veterans Claims, 1 Winters v. West, 12 Vet.…
Sustache-Rivera v. United States Page 18079
In March 1993, a jury convicted David Sustache-Rivera (Sustache) of three separate carjackings in violation of 18 U.S.C.…
United States v. Juan Castelan Page 18088
In February 1998, a grand jury charged defendant Juan Castelan and three code-fendants with various drug crimes.…
David Sherrod suffered a ruptured appendix and related complications that required emergency surgery to remove part of his colon in 1995.…
Goldin Industries, Inc. (“Goldin Mississippi” I, 1 Goldin of Alabama, Inc. (“Goldin Alabama”), and Goldin Industries Louisiana, Inc. (“Goldin Louisiana”) (collectively the “Goldin Corporations”), appeal their convictions for racketeering activities in violation of the Racketeer Influenced and Corrupt Organizations…
Pacific Employers Insurance v. Cesnik Page 18091
This case arises out of a 1993 lawsuit filed by B-lane and Kristi Cesnik against Edgewood Baptist Church (“Edgewood”) and three individual Edgewood employees based on the Cesniks’ adoption of two newborn babies through the church’s adoption agency.…
Affirmed by published opinion. Judge BULLOCK wrote the opinion, in which Judge WIDENER and Judge MOTZ joined OPINION The jurisdictional provision of Title VII of the Civil Rights Act of 1964 provides that, “Each United States district court and each United States court of a place subject to the jurisdiction of the…
216 F.3d 881 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.SALVADOR AVILES, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.MIGUEL ANGEL BARRENECHEA, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.RAFAEL CORNEJO, Defendant-Appellant.UNITED STATES OF AMERICA…
0653 COALITION FOR THE ABOLITION OF MARIJUANA PROHIBITION, Paul D.…
Valdez v. Gibson Page 18124
Petitioner Geraldo Valdez was convicted of first degree murder and sentenced to death.…
United States v. James Roberts, Jr. Page 18127
OPINION The sole issue presented by this appeal is whether the district court properly denied defendant-appellant James Roberts, Jr.’s request for a downward adjustment to his base offense level for a mitigating role in the offense pursuant to § 3B1.2 of the Sentencing Guidelines.…
OPINION Plaintiffs, Adams County Regional Water District and its successor Adams County Water Company, Inc. (collectively “the Water District”), appeal from the district court’s order denying Plaintiffs’ motion for preliminary and permanent injunctive relief while declaring that the contract between Defendants…
United States v. Roslyn Butler Page 18129
223 F.3d 368 (6th Cir. 2000) United States of America, Plaintiff-Appellee,v.Roslyn Butler, Defendant-Appellant.…
United States v. John Timbana Page 18130
222 F.3d 688 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JOHN TIMBANA, Defendant-Appellant.…
219 F.3d 1117 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.DANIEL RAY BENNETT, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.EDWARD STANLEY, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.VICTOR MANUEL MURILLO, Defendant-Appellant.UNITED STATES OF AMERICA…
United States v. Christopher Lee Webb Page 18132
The United States indicted Christopher Lee Webb, a Native American, on two counts of sexual contact with a minor in violation of 18 U.S.C.…
United States v. Castillo Page 18133
ON REMAND FROM THE UNITED STATES SUPREME COURT Before EMILIO M.…
United States v. Jennifer Turner Howard Page 18134
Jennifer Turner Howard appeals the sentence imposed upon revocation of her supervised release, contending that the district court erred in ordering restitution without considering her present or future ability to pay.…
Opinion for the court filed by Circuit Judge HENDERSON.…
Haggar Apparel Co. v. United States Page 18136
Upon remand from the United States Supreme Court, see United States v. Haggar Apparel Co., 526 U.S. 380, 119 S.Ct.…
Levi Strauss & Company v. United States Page 18137
On remand from the United States Supreme Court, see United States v. Levi Strauss & Co., 527 U.S. 1001, 119 S.Ct.…
International Nutrition Company (INC) appeals from an order of the United States Patent and Trademark Office’s Trademark Trial and Appeal Board dismissing INC’s petition to cancel a trademark registration held by Horphag Research, Ltd. The Board based its decision on res judicata.…
Judge JACOBS dissents in a separate opinion.…
May the police constitutionally force an arrested person to undergo a staged “perp walk” for the benefit of the press, when the walk serves no other law enforcement purpose?…
221 F.3d 362 (2nd Cir. 2000) THOMAS FITZGERALD, PLAINTIFF-APPELLANT,v.FIRST EAST SEVENTH STREET TENANTS CORP., ALLEN BRILL, KELLY GIGANTE, DIANNE GASWORTH, STEPHEN ROXBURGH, WILLIE VIERA, CIVIL COURT OF THE CITY OF NEW YORK, NEW YORK CITY HOUSING PRESERVATION DEP'T, DIVISION OF HOUSING & COMMUNITY RENEWAL, AND NEW…
Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Judge LEE joined.…
Petitioner, Teodor TamasMereea, seeks review of an adverse decision of the Board of Immigration Appeals (“BIA”) denying *420 his requests for asylum, withholding of deportation, and voluntary departure.…
United States v. Ioanis v. Paneras Page 18186
On February 11, 1999, defendant Ioanis V.…
Kreschollek v. Southern Stevedoring Co. Page 18189
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 7-28-2000 Kreschollek v. Southern Stevedoring Co Precedential or Non-Precedential: Docket 99-5599 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Kreschollek v.…
Sheila J. Young appeals from the district court’s 2 order affirming the denial of her request for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C.…
Herman Roberts appeals from the district court’s 2 judgment affirming the denial of his application under the Social Security Act for disability insurance benefits pursuant to Title II, 42 U.S.C.…
BACKGROUND The National Association of Professional Baseball Leagues, Inc. (“Professional Baseball Leagues”) owns the trademark “Professional Baseball The Minor Leagues” and its accompanying logo.…
United States v. Alvarez-Del Prado Page 18199
Defendant Luis Alvarez-Del Prado (“Alvarez”) challenges an order of the United States District Court for the District of Puerto Rico denying his motion to withdraw a plea of guilty.…
United States v. Singh Page 18200
A jury found defendant-appellant Par-amjit Singh guilty of (a) making a false statement to a government agency (in an application for a Social Security card), and (b) possessing a counterfeit immigration document.…
Florida Sugar Marketing and Terminal Association, Inc. (“Florida Sugar”) appeals from a decision of the United States Court of International Trade dismissing Florida Sugar’s claim for refund of the Harbor Maintenance Tax (“HMT”) for failure to state a claim.…
BOGGS, J., delivered the opinion of the court, in which BOYCE F.…
223 F.3d 410 (6th Cir. 2000) Robert E. Williams, Plaintiff-Appellant,v.International Paper Company, Defendant-Appellee.…
OPINION Plaintiff-appellant Susan L. Hoskins, who was a deputy with the Oakland County Sheriffs Department, was fired after she suffered an injury that rendered her unable to restrain inmates.…
This appeal presents the question of whether a district judge may issue an order approving a wiretap on the application of an Assistant United States Attorney before the Attorney General or her designate has authorized the application.…
ORDER The opinion filed December 7, 1999 and reported at 198 F.3d 745 is withdrawn.…
This $8,000 dispute about a used car has led to an $800,000 judgment against Z Frank Oldsmobile.…
United States v. Wise Page 18282
Defendants-appellants Johnie Wise (“Wise”) and Jack Abbott Grebe, Jr. (“Grebe”) appeal the judgment of criminal conviction entered on 5 February 1999, in the United States District Court for the Southern District of Texas, Brownsville Division.…
dissenting: I respectfully dissent. The majority is skeptical of the government’s enforcement of I.R.C.…
Federal Reserve Bank of Atlanta v. Thomas Page 18288
This appeal raises a question of first impression regarding a Federal Reserve Bank’s entitlement to proceed in federal court even where diversity jurisdiction does not exist and the underlying dispute involves so peculiarly a creature of state law as a state worker’s compensation statute.…
Peavy v. WFAA-TV, Inc. Page 18289
Primarily at issue is whether the First Amendment shields WFAA-TV, Inc., and its reporter, Robert Riggs, from liability for their “use” and “disclosure”, in violation of the Federal and Texas Wiretap Acts, of the contents of the Peavys’ cordless telephone conversations, illegally intercepted and recorded by the…
OPINION Tyrone Jenkins filed this petition for habeas corpus relief from his Maryland convictions for robbery with a deadly weapon, assault with intent to murder, and related weapons offenses.…
United States v. John Fitzgerald Prescott Page 18291
221 F.3d 686 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JOHN FITZGERALD PRESCOTT, Defendant-Appellant.…
225 F.3d 738 (D.C. Cir. 2000) Brad Williams, Appellee/Cross-Appellantv.First Government Mortgage and Investors Corporation, Appellant/Cross-AppelleeIndustry Mortgage Company, Appellant/Cross-Appellee Nos. 97-7195, 97-7243 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 11…
Opinion for the Court filed PER CURIAM. The facts of this case are set out fully in DeBerry v. First Gov’t Mortgage & Investors Corp., 170 F.3d 1105 (D.C.Cir.1999).…
Opinion for the Court filed by Circuit Judge TATEL.…
This case involves two long-time residents found guilty of first time simple possession, and attempted simple possession, of narcotics, respectively.…
United States v. Eliodoro Valensia Page 18299
Eliodoro Valensia appeals from the sentence imposed by the district court following his plea of guilty to conspiracy to distribute methamphetamine and to conspiracy to possess methamphetamine with the intent to distribute in violation of 21 U.S.C.…
OPINION We must decide in this appeal whether a claim for unpaid workers’ compensation insurance premiums owed by a bankrupt estate is entitled to priority under 11 U.S.C.…
In the United States Court of Appeals For the Seventh Circuit No. 98-4107 Toys "R" Us, Inc., Petitioner-Appellant, v. Federal Trade Commission, Respondent-Appellee.…
Ahmad Mousa, a citizen of Jordan illegally residing in the United States, was convicted of mail fraud in 1991.…
United States v. Tracy A. Perry Page 18306
Tracy Perry pled guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C.…
Rael v. Williams Page 18314
Plaintiff-Appellant, Andy Rael, appeals the dismissal, without prejudice, of his ha-beas corpus action brought pursuant to 28 U.S.C.…
Plaintiff-Appellant, the Equal Employment Opportunity Commission (the “Commission”), brought a public enforcement *1189 action against Defendant, Horizon/CMS Healthcare Corporation.…
Erie County Retirees Ass'n v. County of Erie Page 18317
OPINION OF THE COURT I. INTRODUCTION This matter comes on before this court on appeal from an order of the district court entered September 30, 1999, granting partial summary judgment in favor of the County of Erie, Pennsylvania (the “County”), dismissing appellants’ claim under the Age Discrimination in Employment…
220 F.3d 220 (4th Cir. 2000) ANTHONY GREEN, Petitioner-Appellant,v.WILLIAM D.…
McGregor v. Gibson Page 18319
219 F.3d 1245 (10th Cir. 2000) BILLY KEITH MCGREGOR, PETITIONER-APPELLANT,v.GARY GIBSON, WARDEN, OKLAHOMA STATE PENITENTIARY; DREW EDMONDSON, ATTORNEY GENERAL OF THE STATE OF OKLAHOMA, RESPONDENTS-APPELLEES.…
OPINION OF THE COURT This appeal requires us to decide whether the relation back of amendments provision of Rule 15 of the Federal Rules of Civil Procedure (“Fed.R.Civ.P.”) is consistent with 28 U.S.C.…
Judge Learned Hand once described the Tax Code as a “fantastic labyrinth!…
ORDER The order filed June 28, 2000 is amended as follows: In light of the opinion of the United States Supreme Court in Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct.…
223 F.3d 937 (9th Cir. 2000) JUANITA NEWMAN, on behalf of herself and all others similarly situated, Plaintiff-Appellant,v.KENNETH APFEL, Commissioner of the Social Security Administration, Defendant-Appellee.…
Eric Coufal and his law firm, Coufal Abogados, (collectively “Coufal”), appeal the district court’s grant of summary judgment in favor of appellees AT & T Corp. (“AT & T”) and Lucent Technologies, Inc. (“Lucent”) on Coufal’s claim of tortious interference with a contract.…
Petitioner Ashok Chand seeks review of the BIA’s decision denying his claim for asylum and withholding of deportation.…
United States v. Pablo Rivera-Sanchez Page 18353
Defendant Pablo Rivera-Sanchez (“Rivera-Sanchez”) appeals from the judgment of conviction entered following his plea of *1059 guilty to the crime of entering the United States, after being deported, without the express consent of the Attorney General.…
United States v. Conrado Sesma-Hernandez Page 18354
Conrado Sesma-Hernandez appeals the district court’s finding that he violated the conditions of his supervised release.…
United States v. Jose Jorge Zamora-Hernandez Page 18355
Opinion by Judge BEEZER; Dissent by Judge D.W.…
United States v. Gary Lee Winters Page 18356
Defendant Gary Lee Winters appeals from the District Court’s 2 denial of his motion to suppress evidence, arguing that an Iowa state trooper illegally entered his car, and that evidence from the subsequent searches is inadmissible.…
James Scroggins appeals from a summary judgment entered by the district court 1 in favor of the University of Minnesota in this race discrimination and retaliation case.…
Sehering Corporation and Biogen, Inc. (collectively, Sehering) sued Amgen Inc. in the United States District Court for the District of Delaware for infringing U.S. Patent No. 4,530,901 (the ’901 patent).…
Maxcess Technologies, Inc. appeals from the decision of the United States District Court for the District of Maryland denying its combined motion for judgment as a matter of law and for a new trial, following a jury verdict in favor of Tate Access Floors, Inc. and Tate Access Floors Leasing, Inc. (collectively “Tate…
Sammie G. Nolen,claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 18362
Veteran Sammie G. Nolen appeals from a decision of the United States Court of Appeals for Veterans Claims, Nolen v. West, 12 Vet.App.…
In this diversity case involving interpretation of an “all-risk” insurance policy under Louisiana law, Plaintiff-Appellant Alton Ochsner Medical Foundation (“Ochsner”) appeals the district court’s grant of summary judgment to Defendant-Appellee Allendale Mutual Insurance Co. (“Allendale”).…
OPINION Philip Godman appeals from a judgment sentencing him to twenty-seven months’ imprisonment and three years of supervised release for counterfeiting.…
*706 OPINION These consolidated cases arise out of the January 1, 1996, spin-off of Defendant Roadway Express, Inc. (“REX”) by its former parent company, Defendant Caliber System, Inc. 1 (“Caliber”), and the precipitous decline in the price of Caliber stock between July 1996 and August 1996 following the spinoff.…
I. FACTUAL AND PROCEDURAL BACKGROUND On January 16, 1997, Bruce A.…
United States v. Scott Page 18381
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 8-2-2000 United States v. Scott Precedential or Non-Precedential: Docket 99-5195 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "United States v. Scott" (2000).…
Ernest C. Karras and Marion K. Karras (“the Karrases”) appeal from an order of the United States Tax Court, issued after an evidentiary hearing, denying them leave to file a motion to vacate the assessment of tax liability arising from a partnership in which they were limited partners.…
Clyde Thomas Carter v. Bob Rogers Page 18385
Plaintiff-Debtor Clyde Thomas Carter appeals the district court’s dismissal of his civil action based on his failure to seek leave first from the bankruptcy court to file this action.…
United States v. Anthony Sherone Wiggins Page 18386
Anthony Sheron Williams appeals his twenty-four month sentence imposed upon the revocation of his supervised release.…
dissenting in part. When my nomination to the Court of Appeals was announced in 1992, the late Judge Walter J.…
The late Tommy Briscoe used his presidency of the Chicago Local of the American Postal Workers Union to facilitate several different criminal schemes, including the embezzlement of Union funds.…
On October 27,1988, a jury sitting in the Northern District of Illinois convicted the petitioner Steven H.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MURNAGHAN and Judge HERLONG joined.…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge FRIEDMAN joined.…
This is an appeal from the district court’s grant of summary judgment to plaintiff-appellee United Food & Commercial Workers International Union, Local No. 7 (“the Union”) under Section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C.…
United States v. Ramstad Page 18394
A federal grand jury indicted Defendant Howard Lee Ramstad charging him with possession of marijuana with intent to distribute in violation of 21 U.S.C.…
On summary judgment, the United States District Court for the Eastern District of Michigan determined that the Vi-rusScan product of McAfee Associates, Inc. (MC) * does not literally infringe Hil-graeve Corporation’s U.S. Patent No. 5,319,776 (the ’776 patent).…
Plaintiff-appellant Felix Landrau-Rome-ro (“Landrau”) appeals from the district court’s entry of summary judgment in favor of Landrau’s employer, defendant-ap-pellee Banco Popular.…
Smith v. United States Page 18523
ORDER A majority of the Judges of this Court in regular active service have voted for rehearing of this ease en banc.…
United States v. Kenrick Page 18540
OPINION EN BANC Albert Kenrick and Derek Ober appeal from judgments of conviction entered after a jury trial in the United States District Court for the District of Massachusetts.…
221 F.3d 235 (1st Cir. 2000) NATIONAL PHARMACIES, INC., Plaintiff, Appellee,v.CARMEN FELICIANO-DE-MELECIO, Honorable Carmen de Melecio as Secretary of Health of Puerto Rico, Department of Health of the Commonwealth of Puerto Rico, acting in her official capacity; PUERTO RICO DEPARTMENT OF JUSTICE; Defendants.COLLEGE…
The plaintiff-appellee,' Sherri White, brought suit in the United States District Court for the District of New Hampshire against the defendant-appellant, the New Hampshire Department of Corrections (“DOC”), alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
Gray v. St. Martin's Press, Inc. Page 18543
Robert K. Gray was for many years active in Republican politics and a leading figure in public relations in Washington, D.C.…
United States v. Bermudez-Plaza Page 18544
When appellant Manuel Bermúdez-Pla-za violated the conditions of his supervised release, the court revoked his original term of supervised release and sentenced *233 him to nine months’ imprisonment to be followed by another year of supervised release.…
FHS Properties v. BC Associates Page 18545
This is an appeal from the final judgment of the United States District Court for the District of Massachusetts, issued on remand following a prior appeal to this Court, declaring that the “Deficit Loan” made by BCA 1 to Fort Hill Square Associates accrued compound interest.…
United States v. Min Nan Wang Page 18546
BATCHELDER, J., delivered the opinion of the court, in which GILMAN, J., joined.…
224 F.3d 916 (9th Cir. 2000) RAFAEL ALFARO-REYES, Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.ALFREDO DUENAS-LOPEZ, Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.JULIAN SOLORZANO-SALAS, Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.SHERVIN MOINI…
Minh Due Luu-Le (“Luu-Le”) petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) determination that he is deportable for a conviction “relating to a controlled substance” and ineligible for discretionary relief from deportation pursuant to Immigration and…
The United States appeals from an order which suppressed evidence seized from the home of Mark James Knights in a warrantless search conducted by members of the Sheriffs Department of Napa County, California.…
Robinson Engineering Co. Ltd. Pension Plan and Trust (Robinson) filed suit against Mark George (George) alleging that George defrauded Robinson out of nearly $1,000,000.…
United States v. Darryl Lamont Johnson Page 18551
The defendant, a high-ranking official of the Gangster Disciples, a large Chicago street gang whose activities are described in our recent opinion in United States v. Jackson, 207 F.3d 910 (7th Cir.2000), was convicted of having ordered the murder of (1) a person who was assisting in a federal criminal investigation…
United States v. Louis J. Wesela Page 18553
I At approximately 1:15 a.m. on Tuesday, January 26, 1999, the Milwaukee Police *659 Department received a 911 call from Mrs. Elizabeth Wesela.…
Moisés Arreola-Arellano, a 33 year old Mexican citizen, has been residing illegally in the United States since 1985, with the exception of a single brief trip back to Mexico in January of 1995.…
A year after Andrew S. Grumhaus and Leslie Grumhaus Davidson (“the Grum-haus children”) sued Comerica Securities in state court and nearly six months after the case was dismissed, they demanded a chance to arbitrate the dispute.…
223 F.3d 32 (2nd Cir. 2000) SANDRA M. GOODLETT, individually and as personal representative and Administratrix of the Estate of Richard Lee Goodlett, deceased, Plaintiff-Counter-Defendant-Appellee-Cross-Appellant,v.CHRISTOPHER KALISHEK, Defendant-Counter-Claimant-Appellant-Cross-Appellee.…
United States v. Eric Daniel Harris Page 18637
Eric Harris confessed to burning the church where he worked as a pastor.…
Efrain Juan-Manuel (defendant) appeals from a final sentence entered in the United States District Court 1 for the District of Nebraska after he pled guilty to one count of illegal reentry into the United States following deportation and one count of transporting an illegal alien.…
LaTonya Jean Whitley sued her former employer, Peer Review Systems, Inc. (PRS), claiming that she was terminated from employment on the basis of her race in violation of 42 U.S.C.…
Rhonda Otting, Appellant/cross-Appellee v. J. C. Penney Company, Appellee/cross-Appellant Page 18642
A jury awarded Rhonda Otting compensatory and punitive damages on her discrimination claim against J.C.…
Robert Mems, Nathanial Khaliq, Thurman Smith, Byron Brown, James Logan, and Phillip Webb (collectively “Appel *738 lants”) sued the St. Paul Fire Department (“SPFD”), alleging violations Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.…
Paul W. Moore appeals from the district court’s 1 denial of his Fed.R.Crim.P.…
In the Matter Of: Cpdc Inc Debtor Joseph Zer-Ilan Ideal Systems Inc v. Gary Frankford Ben B Floyd Page 18653
Appellants Joseph Zer-Ilan and Ideal Systems, Inc. appeal from the district court’s dismissal of their bankruptcy appeal.…
Bolt Electric, Inc. v. The City of New York Page 18672
Background Plaintiff-appellant Bolt Electric, Inc. (“Bolt”) appeals from a judgment entered December 10, 1998, in the United States District Court for the Southern District of New York, Deborah A.…
220 F.3d 1134 (9th Cir. 2000) KEVIN THOMAS and JOYCE BAKER, Plaintiffs-Appellees,v.ANCHORAGE EQUAL RIGHTS COMMISSION and the MUNICIPALITY OF ANCHORAGE, Defendants-Appellants,v.PAULA HALEY in her official capacity as the Executive Director of the Alaska State Commission for Human Rights, Defendant.KEVIN THOMAS and…
In these consolidated appeals, we are asked to determine the constitutionality of provisions of the Prison Litigation Reform Act of 1995 (“PLRA”), Pub.L.…
In 1983, Irene Moreno won a medical malpractice judgment against Dr. Basil Spirtos.…
Douglas James is a state prisoner serving three consecutive life sentences for kidnaping and robbery.…
Fredy Paul Albillo-Figueroa (“Albillo”), a native and citizen of Guatemala, petitions for review of the denial of his application for relief from deportation under section 212(e) of the Immigration and Nationality Act (“INA”), 8 U.S.C.…
Plaintiff Rommy Revson appeals from an amended judgment of the United States District Court for the Southern District of New York, Denny Chin, Judge, entered after a jury trial, (1) dismissing her claims for a declaratory judgment and monetary relief against her former attorneys, defendant Cinque & Cinque, P.C.…
These consolidated appeals challenge a supplemental judgment of the United States District Court for the Southern District of New York, Denny Chin, Judge, (1) ordering plaintiff Rommy Revson to pay defendant Cinque & Cinque, P.C (“Cinque & Cinque” or the “firm”) costs in the amount of $3,279.42 in connection with the…
In Re GRAND JURY SUBPOENA Page 18711
OPINION OF THE COURT In this appeal, we are faced with an issue of first impression for this court, whether the target of a grand jury investigation whose attorney has been subpoenaed to give testimony and provide documents to the grand jury that would ordinarily be protected by attorney-client privilege is entitled…
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. JOE'S STONE CRAB, INC., Defendant-Appellant.…
Dean Butch Wilson v. John W. Jones, Jr. Page 18720
Dean Butch WILSON, Johnny Middlebrooks, Plaintiffs-Appellees, v. Erskine MINOR, Perry Varner, Roy Moore, Curtis Williams, Kimbrough Ballard, in their official capacity as Dallas County Commissioners, United States of America, Defendants-Appellants.…
Dynamic Image Technologies, Inc. (DIT) and Rafael Vega (DIT’s principal) sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C.…
United States v. Bender Page 18722
While in prison awaiting trial on charges of being a felon-in-possession of a firearm, Jeremy Bender conversed with an undercover government agent concerning his plot to falsify an alibi and possibly kidnap and murder government witnesses.…
Streber v. Hunter Page 18744
Edwin K. Hunter, T. Glynn Blazier, Timothy O’Dowd, and Edwin K.…
222 F.3d 1362 (Fed. Cir. 2000) (Interference No. 102,728)ARJUN SINGH, Appellant,v.ANTHONY J.…
This appeal stems from an interference between U.S. Patent Application Serial No. 06/506,078 (the “Lee application”), assigned to Genentech, Inc. (“Genentech”), and U.S. Patent Application Serial No. 06/922,199 (the “Barr application”), assigned to Chiron Corporation (“Chiron”).…
Daniel R. Howard, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 18747
Daniel R. Howard appeals from the decision of the United States Court of Appeals for Veterans Claims dismissing his appeal for lack of jurisdiction.…
216 F.3d 885 (9th Cir. 2000) KATIE JOHN; DORIS CHARLES; MENTASTA VILLAGE COUNCIL; ALASKA FEDERATION OF NATIVES, Plaintiffs-Appellees,v.UNITED STATES OF AMERICA; BRUCE BABBITT, in his official capacity as Secretary of Interior; DANIEL GLICKMAN, in his official capacity as Secretaryof Agriculture; and DANIEL…
We must decide whether two criminal counts of conspiracy, one relating to the distribution of illegal drugs and the other to the possession and sale of stolen firearms, may be grouped together for purposes of reducing the relevant offense level under the United States Sentencing Guidelines.…
Unocal Corp. v. United States Page 18916
This case concerns the cause and aftermath of a 1995 crude oil pipeline spill in Norwalk, California.…
Lewis Henry petitioned the district court for a writ of habeas corpus pursuant to 28 U.S.C.…
Kenneth Bourbon v. Kmart Corporation Page 18918
223 F.3d 469 (7th Cir. 2000) KENNETH BOURBON, Plaintiff-Appellant,v.KMART CORPORATION, Defendant-Appellee.…
In the United States Court of Appeals For the Seventh Circuit No. 99-3889 Trustees of the Pension, Welfare, and Vacation Fringe Benefit Funds of IBEW Local 701, Plaintiffs-Appellees, v. Pyramid Electric, and George P.…
Joseph v. Wiles Page 18928
In this securities class action suit in the District Court of Colorado, Jack Joseph asserts claims on behalf of himself and others similarly situated pursuant to section 11 of the Securities Act of 1933 (the 1933 Act), 15 U.S.C.…
223 F.3d 483 (7th Cir. 2000) Central States, Southeast and Southwest Areas Pension Fund and Howard McDougall, Trustee, Plaintiffs-Appellees/Cross-Appellants,v.Nitehawk Express, Inc., Six Transfer, Inc., Interstate Express, Inc., Midwest Jobbers Terminals, Inc. and James LaCasse, Defendants-Appellants/Cross-Appellees.…
Gerald Paul Esposito v. Francis Piatrowski Page 18930
Gerald Paul Esposito appeals the district court’s dismissal of his.…
Albemarle Corp. v. Herman Page 18933
Concerning three OSHA citations for violations at Albemarle Corporation’s chemical plant of then new process safety management standards, 29 C.F.R.…
Munoz v. St. Mary-Corwin Hospital Page 18946
Plaintiff David C. Munoz, M.D., appeals the district court’s grant of summary judgment to St. Mary-Corwin Hospital, St. Mary-Corwin Regional Medical Center of Pueblo, Colorado, Sisters of Charity Health Services Colorado, and Centura Health Corporation (defendants) on his complaint alleging that defendants illegally…
Robert Godoy petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that affirmed the reconsideration decision of the Office of Personnel Management (“OPM”) refusing to waive the obligation to repay a mistaken overpayment of retirement benefits.…
The district court entered judgment against Trans World Airlines (TWA) after a jury returned a verdict for Kenneth Summerville on his claims of race and disability discrimination.…
Lois Cunningham appeals the district court’s judgment affirming the denial of her application for Social Security disability benefits.…
OPINION OF THE COURT Appellant Manny Baker, a Pennsylvania state parolee, was arrested while leaving the parole office for violating the condition of his parole that required him to refrain from driving.…
Nicholas v. Saul Stone & Co. Page 18958
OPINION OF THE COURT Appellants seek review of a judgment of the District Court of New Jersey granting defendants’ motion to dismiss plaintiffs’ amended complaint.…
Daskalea v. District of Columbia Page 18961
Opinion for the Court filed by Circuit Judge GARLAND.…
Yong Ho Choi v. Gaston Page 18964
Per Curiam Opinion; Concurrence by Judge Noonan OPINION1 This is an appeal from summary judgment.…
Since Angela Kadjevieh died 20 years ago, her sons Nicholas and Robert have been embroiled in seemingly perpetual litigation.…
OPINION The Association of Western Pulp and Paper Workers, Local 78 (the “Union”) appeals the dismissal of its petition to vacate an arbitration award under the Labor Management Relations Act, 29 U.S.C.…
OPINION This case stems from a bonus-characterized by the taxpayer itself as “unusually high”-paid to the president of a closely held, single-shareholder corporation.…
Lafreniere Park Foundation v. Broussard Page 18972
The Lafreniere Park Foundation (the Foundation), a nonprofit corporation, appeals the district court’s dismissal of its 42 U.S.C.…
Opinion for the Court filed by Circuit Judge GARLAND.…
Williamson v. Moore Page 18974
BACKGROUND Petitioner, Johnny Williamson, was convicted in a Florida court of the first-degree murder of Daniel Drew and the unlawful possession of a knife while an inmate.…
This case returns to us for disposition from the Supreme Court of Georgia, to which we certified two questions of Georgia state law.…
Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), brought suit *1173 on behalf of an employee of Defendant, Total System Services, Inc., alleging that the employee was terminated in retaliation for engaging in statutorily protected conduct under Title VII.…
United States v. Bowe Page 18977
Frederick Nigel Bowe appeals his conviction for conspiring to import cocaine into the United States in violation of 21 U.S.C.…
Plaintiffs Foliage Forest, Country Joe’s Nursery, Castleton Gardens, Palm Beach Greenery, and Morningstar Nursery, commercial nurseries whose plants were allegedly damaged by a DuPont product called Benlate, appeal the district court’s orders finding that their fraudulent inducement claims were barred by the releases…
United States v. Land, Wisconsin County Page 18979
This case began in 1993 when the United States filed the first of two civil actions seeking the in rem forfeiture of the named defendant real estate for its alleged use in violation of 18 U.S.C.…
United States v. Ocie Mills Page 18980
We decide whether the defendants-ap-pellees, Ocie Mills and Carey Mills, may seek extraordinary relief by way of a writ of coram nobis based on their allegation that jurors in their criminal trial considered extrinsic evidence.…
United States v. Phillip Alexander Johnston Page 18987
Phillip Alexander Johnston pleaded guilty to a drug conspiracy charge in violation of 21 U.S.C.…
Local 3808 of the International Association of Firefighters and its president, John *971 Tvedten, (collectively “the union”) brought suit against the City of Kansas City and its city manager, Robert L.…
224 F.3d 190 (3rd Cir. 2000) JEFFREY D. LAVIA,v.COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT GREENE, Appellant No. 99-3863 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued: May 9, 2000Filed August 8, 2000 On Appeal from the United States District Court for the…
Plaintiff-Appellant Wayne R. Kendrick (“Kendrick”) was formerly an employee of DefendanL-Appellee Penske Transportation Services, Inc. (“Penske”).…
Laurino v. Tate Page 18993
Plaintiff-appellant Fredrick J. Laurino appeals from the district court’s order dismissing his claims brought against the defendants pursuant to 42 U.S.C.…
An insurance dispute arising out of a tragic incident that left Paul J.…
Boguslaw Fornalik v. Brian Perryman, District Director of the Immigration and Naturalization Service Page 18995
Boguslaw Fornalik is a seventeen year old whom the Immigration and Naturalization Service (INS) is trying to deport to Poland even though his mother, father, and three brothers are all living in the United States.…
Vickie L. Postma v. Paul Revere Life Insurance Company, a Massachusetts Corporation, Cross-Appellee Page 18996
Vickie Postma injured her back while at work for her employer, Computer Power Group (“CPG”).…
United States v. Anthony Gallagher Page 18997
Defendant Anthony Gallagher was convicted of arson in violation of 18 U.S.C.…
Petitioner Radisav Vujisic fled his native Yugoslavia in 1991 rather than re-enter the army and fight what he considered to be an unjust civil war against his fellow countrymen.…
The estate of Shannon Novack and Susan Turbin brought suit against the County of Wood (the “County”) under 42 U.S.C.…
Leonard Guzell v. R. Hiller and J. Gawlik Page 19000
The plaintiff appeals from the dismissal under Fed.R.Civ.P.…
Coady v. Ashcraft & Gerel Page 19001
The parting of ways of attorneys in a law firm is often difficult; in this instance it has been unusually acrimonious.…
Opinion by Judge O’SCANNLAIN; Dissent by Judge CANBY.…
United States v. Shashona R. Carter Page 19004
Shashona R. Carter (“Carter”) pled guilty to one count of conspiracy to counterfeit fraudulent securities, in violation of 18 U.S.C.…
United States of America, Appellee-Cross-Appellant v. Jeffrey A. Johnson, Appellant-Cross-Appellee Page 19005
Jeffrey Johnson appeals from the 88-month sentence imposed by then-Chief Judge McAvoy following a guilty plea to numerous crimes of a sexual nature involving minors.…
Mark Feder appeals from Judge Owen’s dismissal of his complaint, which alleged a violation of Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.…
Petitioner-appellant Howard Greenberg appeals from the August 25, 1999 judgment of the United States District Court for the Southern District of New York (John S.…
Transitional Learning Community at Galveston, Inc. v. United States Office of Personnel Management Page 19008
The main issue before us is whether the district court erred when it reversed the Office of Personnel Management’s (“OPM”) ruling that denied the plaintiffs claims made under a government employees insurance policy.…
KRUPANSKY, J., delivered the opinion of the court, in which MARTIN, C.…
United States v. James M. Bohannon Page 19014
SILER, J., delivered the opinion of the court, in which KENNEDY, J., joined.…
Plaintiff-Appellant The Ysleta Del Sur Pueblo (“Pueblo”) appeals the district court’s dismissal of its complaint against the El Paso County Water Improvement District No. 1 (“District”) for lack of jurisdiction.…
David Kinder v. Michael a Purdy Page 19018
Petitioner-Appellant David Kinder appeals from the lower court’s dismissal of his 28 U.S.C.…
The Department of Housing and Urban Development (HUD) removed Jaclynne M.…
224 F.3d 206 (3rd Cir. 2000) NATIONAL LABOR RELATIONS BOARD, Petitioner in 99-5855v.PRIME ENERGY LIMITED PARTNERSHIPPRIME ENERGY LIMITED PARTNERSHIP, Petitioner in 99-5658v.NATIONAL LABOR RELATIONS BOARD Nos. 99-5855 & 99-5658 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued June 19, 2000Filed August 9…
United States v. Jimmy Lee Stuckey, Jr. Page 19058
Jimmy Lee Stuckey, Jr., appeals both his conviction for being a felon in possession of a firearm, and the sentence he received.…
Alejandro Castaneda pleaded guilty of conspiring to possess cocaine and heroin with intent to distribute, in violation of 21 U.S.C.…
LAY, Circuit Judge, with whom Judge John R.…
United States v. Ronnell McCrary Page 19062
Ronnell McCrary, the defendant in this case, pleaded guilty to violating the False Claims Act, 18 U.S.C.…
After the Page Education Foundation (“Foundation”) refused to disclose the names of its contributors voluntarily, the Stanbury Law Firm (“Stanbury”) sued the Internal Revenue Service (“IRS”) under the Freedom of Information Act (“FOIA”), 5 U.S.C.…
220 F.3d 871 (8th Cir. 2000) LINDA FLETCHER, APPELLANT/CROSS-APPELLEE,v.PRICE CHOPPER FOODS OF TRUMANN, INC., APPELLEE/CROSS-APPELLANT Nos. 99-4082, 99-4083 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Submitted: June 12, 2000Filed: August 9, 2000 Appeals from the United States District Court for the Eastern…
This case comes before the court in an unusual manner in that Appellant Linda D.…
United States v. Garland Lightfoot, Jr. Page 19074
Garland Lightfoot was convicted by a jury of possession with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C.…
OPINION Plaintiff, George S. Talley, appeals the judgment granting a motion for judgment as a matter of law under Fed.R.CivP.…
Lares Group, II v. Tobin Page 19078
This appeal arises from a civil suit filed by plaintiffs-appellants — The Lares Group II, John G.…
James Hatton (“Hatton”) failed to file a federal income tax return in 1983, and the Internal Revenue Service (“IRS”) instead prepared a substitute return on his behalf.…
220 F.3d 1042 (9th Cir. 2000) ERNEST S. BINS, Plaintiff-Appellant,v.EXXON COMPANY U.S.A., a division of Exxon Corp., Defendant-Appellee.…
concurring in part and dissenting in part: I concur in all of Judge O’Scannlain’s opinion except section IV.B.l remanding for the trial judge to clarify his ruling regarding the value of Judy’s interest in the medical practice.…
Lizardo Marquez-Perez v. David Rardin Page 19082
Because the record before us does not reflect that the Parole Commission or any Commissioner considered Marquez-Perez’s request for reconsideration of his parole date, we vacate the district court’s judgment, and remand for further proceedings.…
Rudie William Pletz (the “Debtor”) appeals the district court’s order sustaining the bankruptcy court’s and Internal Revenue Service’s (IRS) objections to the Debt- or’s Chapter 13 reorganization plan.…
223 F.3d 328 (6th Cir. 2000) Diversified Energy, Inc.,Plaintiff-Appellant/Cross-Appellee,v.Tennessee Valley Authority, Defendant-Appellee/Cross-Appellant.…
OPINION OF THE COURT In this employment discrimination case, the issue on appeal is whether a state hospital reasonably accommodated the religious beliefs and practices of a staff nurse who refused to participate in what she believed to be abortions.…
Plaintiffs challenge a local Pinellas County ordinance regulating the solicitation of charitable contributions.…
United States v. Safiallah Muhammad Nelson Page 19102
Safiallah Muhammad Nelson appeals his conviction for one count of conspiracy to make false statements with respect to information required by law to be kept in the records of federally licensed firearms dealers, in violation of 18 U.S.C.…
State of New York v. Microsoft Corporation Page 19132
213 F.3d 764 (D.C. Cir. 2000) State of New York, et al., Appelleesv.Microsoft Corporation, Appellant No. 00-5213 September Term, 1999 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT June 13, 2000 1 BEFORE: Edwards, Chief Judge; Silberman*, Williams, Ginsburg, Sentelle, Henderson*, Randolph, Rogers…
United States v. Microsoft Corporation Page 19134
ORDER In view of the exceptional importance of these cases and the fact that the number of judges of this court disqualified from participation as a practical possibility precludes any en banc rehearing of a panel decision, it is ORDERED, sua sponte, by the en banc court that these cases and all motions and petitions…
United States v. Stanley Baptiste Page 19137
OPINION OF THE COURT Appellant Stanley Baptiste was convicted of conspiracy to distribute cocaine base in violation of 21 U.S.C.…
Scott Elwell v. Kenneth P. Dobucki Page 19143
In late 1991, Kenneth Dobucki, the warden at Graham Correctional Center (a medium security prison run by the state of Illinois), was assigned the task of hiring three new lieutenants for Graham.…
United States v. Gregory Swan Page 19144
From 1987 until 1994, Gregory Swan worked for the City of Chicago.…
During the wake for a member of the Latin Kings street gang, four non-members drove by.…
United States v. Ralph Pena-Gutierrez Page 19147
Ralph Pena-Gutierrez (“Pena-Gutierrez”) seeks reversal of his jury conviction for bringing an illegal alien into the United States, see 8 U.S.C.…
Maio v. Aetna, Inc. Page 19172
*474OPINION OF THE COURT I. INTRODUCTION This matter comes before this court on an appeal by Joseph Maio, Jo Ann Maio and Gary Bender (hereinafter “appellants”) from the district court’s final order entered September 29, 1999, which granted motions to dismiss appellants’ complaint pursuant to Fed.R.Civ.P.…
Oscar Camacho-Marroquin, Also Known as Jesus Sanchez v. Immigration and Naturalization Service Page 19173
ORDER: Petitioner-Appellant has moved to withdraw his Petition for Rehearing En Banc “so that the Immigration and Naturalization Service may proceed with his deportation in lieu of incarceration.” Accordingly, in order to bring all matters relating to Petitioner-Appellant before this court to an end so that the INS…
Joseph Lee was convicted in Missouri state court of first-degree robbery, based on a robbery in which the victim was shot to death.…
George E. Bailey appeals from the district court’s denial of his motion for a new trial on damages and award of nominal damages in his sexual harassment case against the United States Postal Service (the Service).…
220 F.3d 915 (8th Cir. 2000) CORREY PETERS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, APPELLANT,v.JIM LUPIENT OLDSMOBILE CO., A MINNESOTA CORPORATION, APPELLEE.…
The district court stayed further proceedings- in this case pending the resolution of a related case in the Bahamas.…
This is an Employee Retirement Income Security Act (“ERISA”), 29 U.S.C.…
Prado-Steiman Ex Rel. Prado v. Bush Page 19181
This is an interlocutory appeal from a class certification order.…
United States v. Christopher Plummer Page 19182
This appeal arises out of the district court’s dismissal of a two-count indictment against Defendant Christopher Plummer, a United States and Bahamian citizen whose boat allegedly was in possession of *1301 over $50,000 dollars worth of Cuban cigars when it was halted off the Florida coast.…
Taylor Ex Rel. Estate of Mason v. Adams Page 19183
This is an appeal from the denial of summary judgment, sought on various immunity grounds, to three firemen and a jail nurse on claims arising from the death of Jimmie Lee Mason, Jr. We reverse.…
221 F.3d 542 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.THERESA MARIE SQUILLACOTE, a/k/a Tina, a/k/a Mary Teresa Miller, a/k/a The Swan, a/k/a Margaret, a/k/a Margit, a/k/a Margret, a/k/a Margrit, a/k/a Lisa Martin, a/k/a Resi, a/k/a Anne, Defendant-Appellant.UNITED STATES OF AMERICA…
Charles Jackson, a Health Service Manager for the City of St. Louis, brought this civil rights action against the City and two former supervisors, alleging they had delayed his promotion because he is African-American.…
Sandra Gartman sought disability benefits from the Social Security Administration (SSA) when leg pain caused her to leave her factory job.…
Prior to being admitted to the defendant university’s medical school, Ari Karl Stern notified the school that he had dyslexia, which has been defined as the “inability to read, spell, and write words, despite the ability to see and recognize letters,” Dor-land’s Illustrated Medical Dictionary 516 (28th ed.1994).…
Leo Fromm v. Commission of Veterans Affairs Page 19190
220 F.3d 887 (8th Cir. 2000) LEO FROMM, APPELLANT,v.COMMISSION OF VETERANS AFFAIRS, APPELLEE.…
Delores Stephens appeals a jury verdict in favor of her employer Rheem Manufacturing Company.…
Gadlin v. Sybron International Corp. Page 19194
Plaintiffs Paulette Gadlin and Bernell Riccatone brought this wrongful death action in federal district court on October 30, 1997, alleging that Defendant Sybron International Corporation was liable for the deaths of Ms. Gadlin’s mother and Ms. Riccatone’s husband.…
Ramirez v. Department of Corrections Page 19195
Plaintiffs David L. Ramirez and Ely E. Pacheco, Hispanics of Mexican-Ameriean origin, are employees of the Colorado Department of Corrections (DOC), stationed in Pueblo, Colorado.…
United States v. Raymundo Martinez-Vitela Page 19465
ORDER Good cause appearing in the supporting documents, the motion filed by the American Immigration Lawyers Association to *1206 recall the mandate is hereby GRANTED.…
Suzanne Oto’s father and husband both claim the proceeds from her life insurance policy.…
Plaintiff Shaw Steel, Inc. appeals the district court’s decision affirming a bankruptcy court’s determination that defendant Hewlett E.…
ORDER CERTIFYING A QUESTION TO THE SUPREME COURT OF OREGON ' Kevin Matthews appeals from the grant of summary judgment in favor of several named defendants and the Oregon State Board of Higher Education (the “Board”), acting by and through, the University of Oregon (the “University”) (collectively, the “defendants”).…
In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny Padilla Page 19802
Opinion by Judge SHEA; Dissent by Judge RYMER.…
United States v. Joe Davis Twilley Page 19803
Joe Davis Twilley appeals from his conviction for possession with intent to distribute cocaine.…
Anthony DeWalt, an Illinois prisoner proceeding • pro se, seeks compensatory and punitive damages under 42 U.S.C.…
United States v. Virgil E. Jones Page 19807
A federal jury convicted Virgil E. Jones, a former Chicago alderman, of conspiracy to commit extortion, attempted extortion, and filing false tax returns.…
Gabrielle Breda v. Wolf Camera & Video Page 19836
Appellant Gabrielle Breda brought this action against Appellee Wolf Camera & Video, her former employer, after resigning from her position as a sales associate at one of Appellee’s stores.…
David W. Butts v. Volusia County Page 19837
This case requires us to decide whether 42 U.S.C.…
Bischoff v. Osceola County, FL Page 19838
In this appeal, we address whether a federal district court, having raised sua sponte a question about the Plaintiffs’ standing, may dismiss a complaint determining that the Plaintiffs lack standing simply by making a credibility determination based on the contents of squarely *876 conflicting affidavits without…
Plaintiffs-Appellants Robert A. Bussian and James J.…
224 F.3d 283 (4th Cir. 2000) BIRGIT EHLERS-RENZI; VINCENT RENZI, Plaintiffs-Appellees,v.CONNELLY SCHOOL OF THE HOLY CHILD, INCORPORATED, Defendant-Appellant.THE AMERICAN JEWISH CONGRESS; THE BECKET FUND FOR RELIGIOUS LIBERTY; THE CONVENTION OF THE PROTESTANT EPISCOPAL CHURCH OF THE DIOCESEOF WASHINGTON; GENERAL…
Larry Raney v. Federal Bureau of Prisons Page 19842
222 F.3d 927 (Fed. Cir. 2000) LARRY RANEY, Petitioner,v.FEDERAL BUREAU OF PRISONS, Respondent.…
Ciba-Geigy Corporation v. United States Page 19843
Ciba-Geigy Corporation (“Ciba”) appeals from a summary judgment of the United States Court of International Trade upholding a United States Customs Service (“Customs”) classification of its imported color formers as “synthetic organic coloring matter” under Heading 3204 of the Harmonized Tariff Schedule of the United…
Mortgage Investors Corporation of Ohio v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 19844
Mortgage Investors Corporation of Ohio (MIC), a private corporation which specializes in refinancing government-secured Federal Housing Administration (FHA) or Veterans Administration (VA) loans, petitions this court for direct review of a modification of a Department of Veterans Affairs (DVA) rule, Loan Guaranty…
Luis Carlos Gonzales pleaded guilty to conspiring to distribute marijuana, see 21 U.S.C.…
United States v. Dwayne Stevens Page 19947
OPINION OF THE COURT Defendant-appellant Dwayne Stevens (Stevens) pleaded guilty to an indictment charging him with one count of carjacking, in violation of 18 U.S.C.…
221 F.3d 517 (3rd Cir. 2000) HARRY BELLAS,v.CBS, INC.; WESTINGHOUSE PENSION PLAN, Appellants (D.C.…
OPINION OF THE COURT Over the course of roughly five years Mark Weisman, an authorized agent of three insurance companies, submitted fraudulent payment requests to those companies using various customers’ names.…
United States v. Cleveland Swint Page 19950
OPINION OF THE COURT Defendant-appellant Cleveland Swint (Swint) pleaded guilty to one count of knowingly using and trafficking in unauthorized access devices to obtain things of value aggregating more than $1,000 during a one-year period, in violation of 18 U.S.C.…
United States v. Frank Cefaratti Page 19951
*504 OPINION OF THE COURT Frank Cefaratti, who pleaded guilty to four counts arising from his execution of a scheme to defraud the United States Department of Education (DOE) out of student financial assistance funds, now appeals, arguing that the District Court erred in accepting his plea to the count charging him…
United States v. Indianapolis Baptist Temple Page 19961
The members of Indianapolis Baptist Temple (IBT) believe it to be a sin for their church to pay taxes.…
Reliance Insurance Company v. Shriver, Inc. Page 19962
Reliance Insurance Company sued Shri-ver, Inc., alleging that Shriver owed it premiums on various insurance policies issued in 1997.…
Gonzalez-Morales v. Hernandez-Arencibia Page 19964
This convoluted dispute arises out of Rene Hernández-Arencibia’s efforts to collect on a promissory note signed by Claudio González-Morales and Isabel Ma-teo-González to finance their hardware concern, La Americana Home Center & Distributing Co., Inc (“La Americana”).…
Efron v. Embassy Suites (Puerto Rico), Inc. Page 19965
Plaintiff-appellant David Efron, a member of a limited partnership formed to build and operate an Embassy Suites hotel in Puerto Rico, claims that several of his partners intentionally caused the project to experience financial difficulties in a scheme to extract additional money from him and other investors and…
Keefe Co. v. Americable International, Inc. Page 19966
Opinion for the court filed PER CURIAM. Appellant Keefe Company filed this action seeking recovery for installment payments arising from a contract under which appellant allegedly assisted appellee Am-ericable in the obtaining of contracts for the provision of cable service to government installations.…
Opinion for the Court filed by Circuit Judge TATEL.…
This is an appeal from a declaratory judgment action seeking to determine the respective rights and obligations between two insurance companies: Plaintiff Empire Fire & Marine Insurance Company (“Empire”), and Defendant Reliance National Indemnity Company (“Reliance”).…
Charles M. McCarthy Jr. v. Kenneth S. Apfel, Commissioner of the Social Security Administration Page 19969
Appellant Charles M. McCarthy, Jr. (“McCarthy”) appeals from the district court’s decision on summary judgment (1) upholding the Commissioner of Social Security’s determination that McCarthy was overpaid $10,207.00 in disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C.…
Yarsha Tushar Shah and her two children, Kunal and Forum, natives of India, petition for review of the Board of Immigration Appeals’ (BIA) decision dismissing their appeal from the denial of their applications for asylum and withholding of deportation.…
Appellant Tom Cunningham seeks review of a final decision of the Trademark Trial and Appeal Board (“Board” or “TTAB”) canceling his registration for the mark LASERSWING, for golf clubs, in light of the appellee’s prior use and registration of the mark LASER for golf clubs and golf balls.…
Larry J. Culley filed a tax refund suit against the United States (“the Government”) in the United States Court of Federal Claims.…
Wal-Mart Stores, Inc., d/b/a Sam’s Wholesale Club (“Wal-Mart”), appeals from a final order entered in the United States District Court 2 for the Eastern District of Arkansas awarding attorney’s fees and costs of $116,217.82, plus interest, in favor of Thelma Barton, after a jury trial in which Barton was awarded…
In re Gibbs Page 19991
David Earl Gibbs seeks authorization to file a successive petition for a writ of habe-as corpus in the United States District Court for the Southern District of Texas, contending that his right to file a successive federal writ of habeas corpus should be measured by the cause and prejudice standard in place until…
Jodi Michaelle Carlson was seriously injured in an April 1995 automobile accident.…
United States v. Eddie Ray Ward, Jr. Page 20001
Eddie Ray Ward, Jr. appeals his sentence, contesting two enhancements applied by the district court.…
Robert F. Hinely, Jr., (“Hinely”) appeals from an order of summary judgment in favor of his former employer, Alliance Metals, Inc., of Atlanta (“Alliance Atlanta”), in an action Alliance Atlanta brought against Hinely for breach of his employment contract and trademark infringement.…
United States v. Stephanie Ann Powell Page 20003
Pursuant to 18 U.S.C. § 3731, the United States appeals from the district court’s pretrial order suppressing evidence obtained after an alleged investigatory stop of defendant Stephanie Anri Powell (“Powell”).…
Appellees and Cross-Appellants Christopher and Sharon Muratore (Appellees) sued Appellant and Cross-Appellee United States Office of Personnel Management (OPM), challenging OPM’s benefits decision regarding Appellees’ daughter and requesting attorneys’ fees.…
American General Finance, Inc. v. Dickerson Page 20005
Tyrone and Darlene Dickerson (the “Debtors”) appeal the district court’s judgment, which reversed the bankruptcy court’s order finding that American General Finance Inc.’s (“AGF’s”) lien against the Debtors’ principal residence was unsecured and that the Debtors were entitled to strip AGF’s lien against their…
220 F.3d 683 (5th Cir. 2000) CENTRAL AND SOUTH WEST SERVICES, INC.; ENTERGY SERVICES INC.; MISSISSIPPI POWER COMPANY; UTILITY SOLID WASTE ACTIVITIES GROUP, Petitioners,v.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.THE GENERAL ELECTRIC COMPANY, Petitioner,v.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY…
Southern Utah Wilderness Alliance v. Dabney Page 20008
Plaintiff-Appellee Southern Utah Wilderness Alliance (“Wilderness Alliance”) challenged portions of a National Park Service (“NPS”) baekcountry management plan (“BMP”) that affected access to areas *822 of Canyonlands National Park in Utah.…
United States v. Sicken Page 20010
The United States appeals the district court’s four-level downward departure in sentencing two anti-nuclear protestors who broke into and damaged a secured intercontinental ballistic missile site.…
Camar Corporation v. Preston Trucking Page 20011
Defendant-appellee Preston Trucking Company, Inc. (“Preston”) lost a load of used marine equipment that it was transporting for plaintiff-appellant Camar Corporation (“Camar”).…
United States v. Eugene Edward Martin Page 20012
This appeal tests the boundaries of the district court’s authority to depart from the prescribed guideline sentencing range (GSR).…
Sims v. Apfel Page 20158
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before POLITZ, STEWART and PARKER, Circuit Judges.…
Herbert Carlson is a lawyer. For a period of time, he neglected to pay any of the approximately $150,000 in income tax that he owed for the money he earned in 1990, 1991, and 1992.…
Contempo Design, Incorporated v. Chicago and Northeast Illinois District Council of Carpenters Page 20167
Contempo Design, Inc. (“Contempo”) filed an action under § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C.…
Daisy Walls and Sharee S. Williams were convicted after a jury trial of conspiracy to possess with intent to distribute and conspiracy to distribute substances containing cocaine in violation of 21 U.S.C.…
United States v. Luz M. Suarez Page 20169
Luz Marie Suarez was charged with making a false statement to the U.S. Customs Service and failing to report $129,710 that she was attempting to transport from the United States to Mexico.…
OPINION After a jury trial, Beverly Seymour was convicted on November 29, 1990, of voluntary manslaughter and of a firearm specification for the shooting death of her ex-husband, Richard Reams.…
Lori D. Atchley D/B/A Rcw Realty Company v. Rk Company, Robert R. Krilich, and Donna J. Krilich Page 20171
224 F.3d 537 (6th Cir. 2000) Lori D. Atchley d/b/a RCW Realty Company, Plaintiff-Appellant,v.RK Company, Robert R.…
United States v. Marcus D. Williams Page 20172
SILER, J., delivered the opinion of the court, in which BATCHELDER, J., joined.…
United States v. Jose Luis Nunez Page 20173
Jose Luis Nunez appeals from his sentence, imposed after a guilty plea to one count of possession with intent to distribute heroin in violation of 21 U.S.C.…
United States v. Steven George Nelson Page 20174
Steven George Nelson (“Nelson”) pleaded guilty to one count of possession of marijuana with intent to manufacture.…
Petitioner Mitchell Alfred Patterson appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C.…
222 F.3d 552 (9th Cir. 2000) FRIENDS OF THE CLEARWATER; IDAHO SPORTING CONGRESS, INC.; THE NORTHERN ROCKIES PRESERVATION PROJECT; and THE ECOLOGY CENTER, Plaintiffs-Appellants,GARY MACFARLANE; RON MITCHELL; DAN FUNSCH; and NATALIE SHAPIRO, Plaintiffs,v.MICHAEL DOMBECK, in his official capacity as Chief of the United…
United States v. Jorge Alberto Alatorre Page 20177
The question in this case is whether the district court must hold a separate hearing before trial, as opposed to making an evi-dentiary determination during trial, in order to fulfill the “gatekeeping” function outlined in the Supreme Court’s trilogy of cases addressing the admissibility of expert testimony: Daubert…
Plaintiffs Jocelyn Whidbee and Shirlene Tranquille appeal from a grant of summary judgment in favor of the defendants, Garzarelli Food Specialties (“GFS”) and Ed and John Garzarelli, by the United States District Court for the Southern District of New York (Colleen McMahon, Judge).…
The appellants, María D. Feliciano de la Cruz, Erasmo Jiménez, and their conjugal partnership, brought a claim in the district court for the district of Puerto Rico accusing El Conquistador Resort and Country Club, a resort hotel located on the east coast of Puerto Rico, and Hugh A.…
224 F.3d 382 (5th Cir. 2000) CARRIE BADON; RAY BADON; RUSSELL BADON; JOE MAE BADON-ROBERSON; SCOTTY JOSEPH BADON, Plaintiffs-Appellants,v.R J R NABISCO INC; LIGGETT & MEYERS TOBACCO CO; AMERICAN BRANDS INC; PHILIP MORRIS COMPANIES INC; B A T INDUSTRIES, LTD; PELICAN CIGAR CO; MALONE & HYDE INC; SCHLESINGER…
Before the Court is an appeal from the district court’s entry of summary judgment.…
Nichols v. Land Transport Corp. Page 20681
Robert Nichols brought this diversity action in the district court for the District of Maine to recover for personal injuries he suffered in a “road rage” attack by Oscar Gonzalez, a truck driver employed by Land Transport Corp. The parties consented to proceed before a magistrate judge, who granted Land Transport’s…
James L. Webb, an inmate of the Indiana State Prison, lost 90 days of good time credit when prison authorities determined that he had used marijuana based on a positive urinalysis.…
William K. Zimmerman complains about the conditions at the Wabash Valley Correctional Center.…
Causeway Medical Suite v. Foster Page 20685
In the light of the Supreme Court’s recent decision in Stenberg v. Carhart, — U.S. -, 120 S.Ct.…
Ralph S. Cato v. Fresno City Daryl Balch, and J. Bradin R. Matsumoto, and Michael G. Marderosian Page 20686
The question is whether an order imposing sanctions against an attorney pursuant to Fed.R.Civ.P.…
Plaintiffs-appellees are Los Angeles Police Department (“LAPD”) sergeants who alleged retaliation by their employer for exercise of First Amendment Rights.…
United States v. Roger Michael Page 20689
Roger Michael plead guilty to counterfeiting and forging obligations or securities of the United States in violation of 18 U.S.C.…
222 F.3d 562 (9th Cir. 2000) IDAHO SPORTING CONGRESS INC.; THE ECOLOGY CENTER, Plaintiffs-Appellants,v.DAVID ALEXANDER, Supervisor, Payette National Forest; UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture, Defendants-Appellees,INTERMOUNTAIN FOREST INDUSTRY ASSOCIATION; BOISE CASCADE…
Kurzet v. Commissioner Page 20873
Appellants Stanley and Anne Kurzet (the “Kurzets,” with Stanley referred to individually as “Kurzet”) appeal the decision of the tax court, finding deficiencies in the personal income tax paid by the Kur-zets for the years 1987, 1988, and 1989.…
Cade v. Haley Page 20877
Clyde Cade, an Alabama inmate under a death sentence for murder, appeals the district court’s denial of relief on his 28 U.S.C.…
Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Senior Judge PHILLIPS joined.…
United States v. Justin A. Volpe Page 20900
Defendant-appellant Justin A. Volpe, a former New York City police officer, appeals from the December 30, 1999 judgment of the United States District Court for the Eastern District of New York (Eugene H.…
221 F.3d 307 (2nd Cir. 2000) OLIN CORPORATION, Plaintiff-Appellant-Cross-Appellee,v.INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee-Cross-Appellant,THE HANOVER INSURANCE COMPANY, (as successor to Massachusetts Bonding and Insurance Company), AIU INSURANCE COMPANY; ALLSTATE INSURANCE COMPANY (as successor to…
Hamilton v. Beretta U.S.A. Corp. Page 20903
Judge JOSÉ A. CABRANES dissents in a separate opinion.…
OPINION OF THE COURT In this appeal, we are asked to consider whether an individual convicted of an unlawful sale of firearms is entitled to an offense level reduction pursuant to the “sporting purposes” provision of the United States Sentencing Guidelines.…
Bell Atlantic Corporation v. United States Page 20905
OPINION OF THE COURT This appeal concerns a transition rule for capital investment tax credits (“ITC”) contained in a provision of the Tax Reform Act of 1986, Pub.L.…
224 F.3d 256 (3rd Cir. 2000) UNITED STATES OF AMERICA,v.ANGEL CEPERO a/k/a Angel Villar-Cepero a/k/a Mosquito Angel Cepero, Appellant.…
OPINION OF THE COURT This case involves a determination of a debtor’s right to receive a refund and offset of certain real property taxes under the Bankruptcy Code.…
Petitioner-Appellant Alvin Urial Goodwin III, a Texas death-row inmate, appeals from the district court’s denial of his application for a writ of habeas corpus, arguing that the lower court’s finding that he had not invoked his right to counsel before confessing to the crime of which he was convicted is clearly…
Ets-Hokin v. Skyy Spirits, Inc. Page 20916
Opinion by Judge McKEOWN; Dissent by Judge D.W.…
Bancroft & Masters, Inc., a California Corporation v. Augusta National Inc., a Georgia Corporation Page 20917
Opinion By Judge SCHROEDER; Concurrence by Judge SNEED.…
In Re Jonathan Wilson Fillbach Page 20918
This case is about whether a district court may dismiss a petition filed by a litigant in an effort to circumvent a vexatious litigant order entered against him in bankruptcy court.…
Essex Electro Engineers, Inc., appeals from a decision of the Armed Services Board of Contract Appeals.…
OPINION OF THE COURT Charles Donahue appeals from an order granting summary judgment to his former employer, Conrail, in a suit arising under § 504 of the Rehabilitation Act of 1973, 29 U.S.C.…
Tracy Williams sued the City of Kansas City (the City) for creating and maintaining a hostile work environment and for retaliation.…
United States v. Michael Negele Page 20923
In one of the most deplorable and grotesque chapters in human history, the Third Reich exterminated vast populations based upon their racial, ethnic, and religious characteristics.…
For many years, the Gangster Disciples (GD) street gang operated a massive drug distribution business in the Chicago area.…
United States v. Angel C. Lopez Page 20925
Angel Lopez (“Lopez”) pleaded guilty to conspiracy to embezzle and misapply credit union funds and conspiracy to execute a scheme to defraud.…
Roxanne Tidemann was severely injured when a Club Car golf car that she was attempting to operate suddenly lurched forward and crashed into a garage door.…
Kenneth Starkey was apparently both financially successful and generous.…
United States v. Jose Solis Jordan Page 20929
The ten issues on appeal range from the voluntariness of the defendant’s confession to “colonialism.” Except for the defendant’s assertion that, as a colonial power, the courts of this country lack jurisdiction to try a citizen of Puerto Rico who has been charged with four related federal crimes committed in this…
Defendants-appellants Ruben Feliciano (“Feliciano”), Ronald Pagan (“Pagan”), and Nelson Gonzalez (“Gonzalez”) appeal *107 from judgments of conviction entered by the United States District Court for the District of Connecticut (Peter C.…
United States v. Theodore Tiger, Jr. Page 20933
Theodore Tiger, Jr. appeals his sentence and conviction for being a felon in possession of a firearm, in violation of 18 U.S.C.…
Bernard Cavegn filed an action against the Twin City Pipe Trades Pension Plan (plan) seeking to recover retroactive disability retirement benefits pursuant to ERISA.…
Andrew Hulm and Darron Hanzlik, Troopers with the South Dakota Highway Patrol, appeal the district court’s denial of their motion for summary judgment.…
Deborah Schoffstall sued the United States Postal Service (USPS) for sex discrimination, retaliation, and sexual harassment.…
United States v. Riccy Wells Page 20937
The United States government brings this interlocutory appeal challenging the order of the district court 1 granting Riccy Wells’ motion to suppress evidence seized during the search of a duplex.…
Graham v. Securities & Exchange Commission Page 20938
Opinion for the Court filed by Circuit Judge GARLAND.…
concurring: I concur in the judgment and in all of the court’s opinion except the portion of Part III holding that the Commission’s failure to give notice amounted to harmless error.
Novartis Corp. v. Federal Trade Commission Page 20940
Opinion for the court filed by Circuit Judge HENDERSON.…
White's Place, Inc. v. Glover Page 20950
This appeal presents the issue of whether a corporation has standing to bring a First Amendment facial overbreadth challenge to a city ordinance that prohibits individuals from opposing a police officer.…
BankAtlantic Bancorp, Inc. (BankAtlantic) responded to grand jury subpoenas by producing the bank records of nearly 1100 international customers.…
James v. Mazda Motor Corporation Page 20954
The sole issue presented in this appeal is whether the Supreme Court’s decision in Geier v. American Honda Motor Co., Inc., — U.S.-, 120 S.Ct.…
United States v. Spencer Bowens, A/K/A Scooter, A/K/A Clyde, A/K/A Melvin McCurdy A/K/A Doc Johnson Page 20955
224 F.3d 302 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.SPENCER BOWENS, a/k/a Scooter, a/k/a Clyde, a/k/a Melvin McCurdy, a/k/a Doc Johnson, Defendant-Appellant.…
Adams v. LeMaster Page 20958
This appeal involves the proper application of the tolling provision of the one-year statute of limitations for habeas corpus petitions under the Antiterrorism and Effective Death Penalty Act of 1996.…
Dennis v. Poppel Page 20959
Appellant Henry Lee Dennis, an Oklahoma state prisoner, appeals an order of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C.…
United States v. Alan Lee Amirault Page 20962
Defendant-appellant Alan Lee Amirault pled guilty to possessing three items containing visual depictions of minors engaged in sexually explicit conduct.…
On summary judgment, the United States District Court for the District of Kansas ruled that Kinetic Concepts, Inc. and KCI Therapeutic Services, Inc. (collectively, Kinetic) did not infringe KCJ Corporation’s (KCJ’s) U.S. Patent No. 4,631,767 (’767 patent).…
Jay Gunderson v. ADM Investor Service Page 20971
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-4032 ___________ JAY GUNDERSON, et al., * * Appellants, * * Appeal from the United States v. * District Court for the * Northern District of Iowa ADM INVESTOR SERVICES, INC., * a Delaware Corporation, * * [UNPUBLISHED] Appellee.…
United States v. Martin Geevers Page 20981
*188 OPINION OF THE COURT The appeal of Martin Geevers, who pleaded guilty to one count of bank fraud arising out of a check kiting scheme, requires us to determine once again when application of the Sentencing Guidelines may result in the imposition of a sentence on the basis of intended loss when the actual loss was…
223 F.3d 814 (8th Cir. 2000) KATHLEEN BURDS; PATRICIA CARAMAGNO; SUSAN CARRIERE; LYNN CUDDIHY; KATHY DARNELL; VICKY EDMONDS; PAMELA ENGELKE; HELEN GARCIA; DELICA HERNDON; YOLANDA HERRON; GERRI HOHL; GAIL HUSS; GILMA JONES; PEGGY LAVELLE; GWEN LIPPOLD; MARY MCLAUGHLIN; CONNIE PETERSON; JOAN QUINTON-COX; CAROL ANNE…
United States v. Marcus O. Evans Page 21059
224 F.3d 670 (7th Cir. 2000) United States of America, Plaintiff-Appellee,v.Marcus O.…
United States v. Cordell G. Sawyer Page 21060
Cordell G. Sawyer, who stands charged with being a felon in possession of a firearm, successfully argued to the district court that bullets found on his person when he was arrested (which match the bullets in the gun he is alleged to have possessed) should be suppressed as the product of an illegal search.…
Gentala v. City of Tucson Page 21065
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard the the en banc court pursuant to Circuit Rule 35-3.…
Rucker v. Davis Page 21066
ORDER Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
Tamyra S. Bowerman v. Wal-Mart Stores, Incorporated and Associates' Health and Welfare Plan Page 21067
From October 1993 until July 1995, and then from August 1995 until September 1996, Tamyra Bowerman was employed by Wal-Mart Stores, Inc. (“Wal-Mart”).…
224 F.3d 727 (7th Cir. 2000) Nikolas Malacara, Plaintiff-Appellant,v.City of Madison, City of Madison Water Utility Division, Chuck Englehart, Gail Glasser and George Holden, Defendants-Appellees.…
223 F.3d 845 (8th Cir. 2000) MARY MCCLURE AND GARY KEMP, PLAINTIFFS/APPELLANTS,v.AMERICAN FAMILY MUTUAL INSURANCE COMPANY, AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, AMERICAN FAMILY LIFE INSURANCE COMPANY, DAVID KRUEGER, DANIEL DESALVO, HARVEY PIERCE, AND DALE MATHWICH, DEFENDANTS/APPELLEES.…
ORDER Pursuant to Rule 5 of the Nevada Rules of Appellate Procedure, we certify to the Nevada Supreme Court two questions of law that may be determinative of the matter pending before this court and as to which there is no clearly controlling precedent in the decisions of the Nevadá Supreme Court.…
This case involves a challenge by environmental groups to the United States Army Corps of Engineers (“Corps”) decision to grant Maguire Thomas Partners-Playa Vista (“MTP-PV”)2 a permit to fill 16.1 acres of federally delineated wetlands and to mitigate the fill by creating a 51-acre freshwater wetland system.…
Sharon Schneider appeals the district court’s decision affirming the administrative law judge’s (“ALJ”) denial of her application for disability benefits.…
Brown v. Johnson Page 21073
Petitioner-Appellant Corey Brown appeals the district court’s denial of his petition for habeas relief.…
Baldeo K. Singh v. Kenneth S. Apfel Page 21078
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-2366 ___________ Baldeo Singh, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota.…
Jim E. Burnside appeals from the district court’s judgment affirming the denial of his application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C.…
222 F.3d 506 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,v.DAVID JON GOTCHNIK, APPELLANT.UNITED STATES OF AMERICA, APPELLEE,v.MARK FRANCIS STEPEC, APPELLANT.UNITED STATES OF AMERICA, APPELLEE,v.TERRY LEE ANDERSON, APPELLANT.UNITED STATES OF AMERICA, APPELLEE,v.THOMAS JAY ANDERSON, APPELLANT.UNITED STATES OF…
225 F.3d 290 (3rd Cir. 2000) JOAN GRUENKE, Individually and as parent and natural guardian of Leah Gruenke, a minor, Appellantv.MICHAEL SEIP No. 98-2041 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued September 9, 1999Filed August 21, 2000 1 Appeal from the United States District Court for the Eastern…
Cynthia M. Dykes applied for Social Security disability and supplemental security income benefits, claiming a disability onset date of February 10, 1994, due to tendinitis and adhesive capsulitis of the right shoulder caused by a November 1993 work injury, and myofascial pain syndrome and headaches.…
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT YUASA, INCORPORATED, Plaintiff-Appellee, v. INTERNATIONAL UNION OF ELECTRONIC, No. 00-1019 ELECTRICAL, SALARIED, MACHINE AND FURNITURE WORKERS, AFL-CIO, LOCAL 175, Defendant-Appellant.…
This tax case presents a single issue: are damages to business reputation received in the amount of $500,000 by taxpayers in 19921 in settlement of their tort action for strict liability and negligence against the manufacturer of an allegedly defective product properly excludable from gross income under Internal…
Harvey (Fire Bird) Gibson v. Bruce Babbitt Page 21086
Harvey (Fire Bird) Gibson applied to the United States Fish and Wildlife Service for five bald or golden eagle feathers to use in religious ceremonies.…
Higginbottom v. Gardner Page 21087
I. Appellant Greg Higginbottom (“Higgin-bottom”) appeals from the district court’s order dismissing his civil rights complaint for failure to exhaust his state administrative remedies pursuant to 42 U.S.C.…
United States v. Patron-Montano Page 21088
Appellant, Jose Patron-Montano, appeals the sentence he received for his role in a conspiracy to distribute cocaine in violation of 21 U.S.C.…
United States v. Ralph A. Scanga Page 21103
Ralph Scanga pleaded guilty to attempting to possess with intent to distribute cocaine in violation of 21 U.S.C.…
Andre Olden v. United States Page 21106
OPINION Petitioner-Appellant Andre Olden appeals the district court’s denial of his § 2255 motion to vacate his conviction for narcotics distribution.…
United States v. Owen Daniel Moore, III Page 21107
OPINION Plaintiff-Appellant Owen Daniel Moore, III, appeals his sentence after he pleaded guilty to conspiracy to steal and distribute stolen property.…
John Reetz v. United States Page 21108
OPINION Plaintiff, John Reetz, appeals the dismissal of his Federal Tort Claims Act (“FTCA”) case seeking to recover for injuries sustained while operating an off-road vehicle (“ORV”) in a national forest in Michigan.…
Steven Edward Manning v. Phil Foster Page 21109
Steven Edward Manning filed this habe-as petition alleging ineffective assistance of counsel because his defense attorney failed to file an appeal from the conviction even after Manning specifically requested him to appeal.…
Sebastian H. Jiminez v. Bertram Rice, Warden Page 21110
222 F.3d 1210 (9th Cir. 2000) SEBASTIAN H.…
Michelle Sandy’s disability benefits were terminated when Reliance Standard Life Ins.…
J. Sacramento Garcia, Maria L. Gomez Gamino, and Noel C.…
Harold D. Crowe v. Director, Office of Workers' Compensation Programs, and Zeigler Coal Company Page 21114
From 1975 until 1980, Petitioner Harold D.…
United States v. Tracee L. Taylor Page 21115
Traeee Taylor joined two confederates in a vicious carjacking during which the trio trapped a pregnant woman in her car, shot her in the chest and stole the automobile.…
Juan Chaparro-Alcantara and Jaime Romero-Bautista are Mexican nationals who were arrested for transporting illegal aliens.…
United States v. Emmanuel Hart Page 21117
In this case, we must decide whether the display of bags and shoe boxes during a bank robbery, when accompanied by the express threat that they contain a bomb, constitutes the brandishing, displaying or possessing of a dangerous weapon within the meaning of U.S.S.G.…
United Food & Commercial Workers International Union Local 400 v. National Labor Relations Board Page 21118
Opinion for the Court filed by Circuit Judge GARLAND.…
Transtn Hosp Corp LA v. Shalala, Donna E. Page 21119
Opinion for the Court filed by Circuit Judge GARLAND.…
United States v. Charles Grimes Page 21120
Defendant-appellant Charles Grimes appeals from a judgment of the United States District Court for the Western District of New York (Charles J.…
United States v. Khung Chang Kang Page 21121
On February 1, 1999, Khung Chang Kang was charged with alien smuggling, in violation of 8 U.S.C.…
Philip B. Baldwin v. United States Army Page 21122
Philip Bernard Baldwin, who served in the United States Army from 1985 to 1992, originally filed a complaint against 54 defendants alleging that, over the past twelve years, the defendants had, inter alia, plotted against him to conceal evidence, to damage his car, and to murder him.…
SG Cowen Securities Corporation (“Cowen”) appeals from Judge Baer’s partial denial of a motion for a preliminary injunction in aid of arbitration.…
Joseph Monti and Tita Monti v. United States Page 21124
The question presented by this appeal is whether a partner’s claim for tax treatment consistent with that accorded other partners in a settlement with the Internal Revenue Service is a claim for a refund attributable to a “nonpartnership item” that properly can be the subject of a suit in a federal district court, or…
223 F.3d 85 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.MARCELINO SAAVEDRA, also known as King Maas; LUIS RODRIGUEZ, also known as King Pirate, Defendants-Appellants,NEPHTALI DEJESUS, also known as King 75; RICHIE MARQUEZ, also known as King Richie; HENRY ARIAS, also known as King Henry; GEORGE PACHECO, also…
Plaintiff Eugene K. Sullivan (“Sullivan”) appeals, pro se, from a jury verdict in favor of defendants Officer Damon C.…
Plaintiff, a first-time shopper in a store owned by defendant Home Depot, tripped and fell there.…
SUHRHEINRICH, J., delivered the opinion of the court, in which NELSON, J., joined.…
Bonide Products, Inc. v. Cahill Page 21131
223 F.3d 141 (2nd Cir. 2000) BONIDE PRODUCTS, INC., Plaintiff-Appellant,v.JOHN CAHILL, Individually and as Commissioner of The Department of Environmental Conservation of The State of New York and DAVID CLARKE, Defendants-Appellees.…
Phillips v. Donnelly Page 21133
ON PETITION FOR REHEARING Before REYNALDO G.…
Smith v. Scott Page 21137
Petitioner-appellant Steve Smith, an inmate appearing pro se, appeals the denial of his petition for habeas corpus, 28 U.S.C.…
In 1996 Lyle David Pierce, III, and his sister Regina Pierce, residents of the St. Regis Mohawk Indian Reservation, also known as Akwesasne, (the “Reservation”) and five others were named as defendants in a single-count indictment accusing them of conspiracy to launder money in violation of 18 U.S.C.…
Dulseena J. Leonard, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 21141
Dulseena J. Leonard appeals from the United States Court of Appeals for Veterans Claims’ dismissal of her appeal to that court for failure to file that appeal within the statutory time limit.…
Richard M. Brock, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 21144
ORDER A petition for rehearing en banc was filed by the appellant, and a response thereto was invited by the court and filed by the appellee.…
Jet, Inc. v. Sewage Aeration Systems Page 21145
Opinion for the court filed by Circuit Judge CLEVENGER.…
Plaintiffs Mazzoni Farms and Jack Martin, commercial nurseries whose plants were allegedly damaged by a DuPont product called Benlate, appealed the district court’s order dismissing their fraudulent inducement claims under Fed.R.Civ.P.…
United States v. Campbell Page 21156
Damion Anthony Campbell appeals his convictions for importation of cocaine, in violation of 21 U.S.C.…
United Food & Commercial Workers Unions, Employers Health & Welfare Fund v. Philip Morris, Inc. Page 21157
Plaintiff, the United Food and Commercial Workers Unions and Employers Health and Welfare Fund, is an employee health and welfare benefit plan organized under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C.…
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF GEORGIA, PURSUANT TO O.C.G.A.…
Defendants-Appellants Mary Anna Rivet, Minna Ree Winer, Edmond G.…
OPINION Beverly M. Fisher appeals the district court’s pre-trial grant of partial summary judgment to Ford Motor Co. (“Ford”), as well as rulings at trial, in her diversity lawsuit against Ford.…
This is a petition under 28 U.S.C. § 2254 challenging a New York State narcotics conviction on the ground that the trial judge ordered the courtroom closed during the testimony of an undercover police officer under circumstances that do not conform to the constitutional standards.…
The State of Iowa appeals the District Court’s grant of Jack Evans’s petition for habeas corpus relief under the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L.…
223 F.3d 867 (8th Cir. 2000) Louis C. Cross, III, Appellant,v.Cleveland Hammonds, Jr., Superintendent of Schools of the Board of Education of the City of St. Louis; Board of Education for the City of St. Louis; Personnel Committee of the Board of Education of the City of St. Louis, Appellees.…
Faye Anastasoff v. United States Page 21179
223 F.3d 898 (8th Cir. 2000) FAYE ANASTASOFF, APPELLANT,v.UNITED STATES OF AMERICA, APPELLEE.…
United States v. Leland Duane Young Page 21180
The United States appeals the District Court’s order suppressing an inculpatory affidavit signed by Leland Young after he was charged with federal drug trafficking crimes.…
United States v. Eunice Husband Page 21181
226 F.3d 626 (7th Cir. 2000) United States of America, Plaintiff-Appellee,v.Eunice Husband, Defendant-Appellant.…
Jupiter Aluminum Corp. (“Jupiter”) operates an aluminum mill in Hammond, Indiana.…
Jesus Garcia Delgado v. Gail Lewis, Deputy Warden Attorney General of the State of California Page 21184
This appeal returns to us on remand from the Supreme Court for further consideration in light of Smith v. Robbins, 528 U.S. 259, 120 S.Ct.…
Jensen v. Lane County Page 21185
Jerry Richard Jensen filed an action for damages pursuant to 42 U.S.C.…
AUSA Robin Harris appeals the decision of the United States District Court for the Northern District of California that she violated Rule 2-100 of the California Rules of Professional Conduct.…
United States v. Joe John Kafka III Page 21188
Joe John Kafka appeals his conviction for possession of a firearm while under a domestic violence restraining order in violation of 18 U.S.C.…
This is an appeal from an order of criminal contempt against a criminal defense attorney from New York who repeatedly violated the ground rules the district court had laid down for the conduct of a jury trial.…
Michael Moore seeks a certificate of ap-pealability (“COA”) to allow him to present six claims to this court.…
OPINION OF THE COURT William Morales appeals the decision of the United States District Court for the Eastern District of Pennsylvania (Brody, Judge) approving and adopting the Report and Recommendation of the United States Magistrate (Scuderi, M.J.) affirming the Commissioner of Social Security’s conclusion that…
OPINION OF THE COURT Eastern Minerals & Chemicals Co., a creditor of Delta Carbonate Inc., appeals an order of the District Court precluding it from seeking recovery from Delta’s sole shareholder, Gary Mahan, on an alter ego theory because Eastern should have pursued this claim in the context of Delta’s bankruptcy…
United States v. Lehman Page 21233
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellant, v. PETER OWENS LEHMAN, Claimant-Appellee, and 1,966 CARTONS, MORE OR LESS,OF No. 98-1307 WOMEN'S GARMENTS DESCRIBED IN PART AS: 1,000 CARTONS, MORE OR LESS, CONTAINING 5,000 DOZEN WOMEN'S COTTON DENIM SHIRTS…
United States v. John Arthur Gonzales Page 21261
OPINION On August 25, 1998, a federal jury in Louisville, Kentucky, convicted John Arthur Gonzales (“Gonzales”) on three counts of bankruptcy fraud in violation of 18 U.S.C.…
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 8-23-2000 Parkview Partnership v. City of Lebanon Precedential or Non-Precedential: Docket 99-3828 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Parkview…
Shelley Weinstock v. Columbia University Page 21278
224 F.3d 33 (2nd Cir. 2000) SHELLEY WEINSTOCK, Plaintiff-Appellant, v.COLUMBIA UNIVERSITY, Defendant-Appellee.…
I. BACKGROUND AND PROCEDURAL HISTORY In 1997, the City of Warner Robins enacted an ordinance regulating and requiring licenses for adult businesses (“the adult business ordinance”).…
Whitesel v. Jefferson County Page 21281
The appellant, Kevin Whitesel, brought an action for damages pursuant to 42 U.S.C.…
United States v. King Page 21282
I. INTRODUCTION The primary issue in this case is whether police officers violated the Fourth Amendment wh.en they executed a search warrant, which authorized the seizure of only the defendant himself, by knocking on the defendant’s door and, upon his opening the door, simultaneously announcing their presence and…
Proctor & Gamble Co. v. Haugen Page 21283
The Proctor & Gamble Company and Proctor & Gamble Distributing Company (“P & G”) appeal from a final judgment dismissing them lawsuit against parties who disseminated the rumor that P & G is a corporate agent of Satan.…
United States v. Malone Page 21284
Defendant-Appellant Stacy Malone was charged with seven counts in a fourteen count superseding indictment.…
Roman v. Townsend Page 21285
Plaintiffs-appellants challenge the district court’s dismissal of their amended complaint.…
Ramos v. Davis & Geck, Inc. Page 21286
Rafael Ramos appeals from a decision of the district court for the District of Puerto Rico ordering that his award of damages against Davis & Geek, Inc., be subject to withholding for FICA and Puerto Rico income taxes because part of the damages *31 represented back pay.…
United States v. Sealed Juvenile 1 Page 21289
Defendant-Appellant Sealed Juvenile 1(SJ) appeals his conviction for knowingly and intentionally possessing with the intent to distribute over 100 kilograms of marijuana in violation of 21 U.S.C.…
DECISION Plaintiff-Appellant CAE Screenplates, Inc. (“CAE”) appeals the decision of the United States District Court for the Northern District of Georgia granting Defendants-Appellees Heinrich Fiedler GmbH & Co. KG and Fiedler Corporation (now known as Fiedler LP) (collectively, “Fiedler”) summary judgment of…
McLean v. 988011 Ontario, Ltd. Page 21400
OPINION This negligence action arises out of three deaths in the crash of a private plane.…
United States v. Paul Corrado (98-2269) Nove Tocco (98-2270) Vito William Giacalone (98-2365) Page 21401
OPINION This case involves three codefendants convicted of conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.…
In this Title VII action instituted by the EEOC, Dinuba Medical Clinic (the “Clinic”) appeals from the district court’s final judgment, entered after a jury trial, awarding compensatory and punitive damages, as well as injunctive and other equitable relief, to three former employees of the Clinic who alleged that they…
Opinion by Judge TASHIMA; Concurrence by Judge BRUNETTI.…
Cabrera and Mulgado appeal their convictions for conspiracy to distribute, possession with intent to distribute, and distribution of crack cocaine.…
United States v. Alphonso Nerber Eduardo Alvarez Alberto Betancourt Ramon Betancourt-Rodriguez Page 21405
222 F.3d 597 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellant,v.ALPHONSO NERBER; EDUARDO ALVAREZ; ALBERTO BETANCOURT; RAMON BETANCOURT-RODRIGUEZ, Defendants-Appellees.…
Alexis Shumway appeals the federal district court’s denial of her 28 U.S.C.…
Julie Beaty v. Bet Holdings, Inc. Page 21407
Julie Beaty brought a successful race- and sex-harassment lawsuit under California’s Fair Employment and Housing Act (FEHA), Cal.…
United States v. Jeffrey C. Nolan Page 21409
Defendant-Appellant Jeffrey C. Nolan appeals his conviction after a jury trial for major fraud against the United States, in violation of 18 U.S.C.…
Sherman Howard v. Richard Gramley Page 21419
Sherman Howard was convicted in 1989 of sexually abusing his daughter when she was a toddler.…
In 1993, James O’Kane applied for disability benefits.…
Gary Hamner sued his former employer, St. Vincent Hospital, under Title VTI, alleging that the hospital terminated him in retaliation for submitting a sexual harassment grievance.…
Charles Jideonwo appeals the Board of Immigration Appeals’ (“BIA”) affirmance *695 of an Immigration Judge’s (“IJ”) determination that Jideonwo is ineligible to receive discretionary relief under former § 212(c) of the Immigration and Naturalization Act (“INA”), 8 U.S.C.…
United States v. Reginald Dodd Page 21423
OPINION OF THE COURT The sole issue presented in this appeal is the difficult question of who must bear the burden of persuasion when a criminal defendant raises a justification defense to the federal charge of being a felon in possession of a firearm in violation of 18 U.S.C.…
Billiot v. Dolphin Services, Inc. Page 21424
For this challenge to the dismissal, as time-barred, of the action at hand, filed by Dolphin Services, Inc. (vessel owner pro hoc vice /operator), under the Limitation of Vessel Owner’s Liability Act, 46 U.S.C.App.…
This appeal raises issues concerning the inevitable discovery doctrine in the Tenth Circuit.…
United States v. Holt Page 21430
In this interlocutory appeal, the United States challenges the district court’s orders granting defendant Dennis Holt’s motions to suppress evidence obtained during a search of his vehicle incident to a traffic stop and a search of his residence shortly after the vehicle search.…
Appellant Ronald Nussle appeals from a judgment of the United States District Court for the District of Connecticut (Alan H.…
Appellants Gary R. Wall and William Cooksey, Sr. — two long-time dissident members of appellee Construction & General Laborers’ Union, Local 230 (hereinafter “Local 230” or the “Union”) — stopped paying dues after prevailing against the Union in a National Labor Relations Board (“NLRB”) unfair labor practice…
Harley Schnall, Individually and on Behalf of All Others Similarly Situated v. Marine Midland Bank Page 21433
Credit-card customer Harley Sehnall enjoyed the power to write line of credit (“LOC”) checks under the terms of a Cardholder Agreement that treated such checks as creating loan obligations subject to certain disclosed terms.…
Prima U.S. Inc. v. Panalpina, Inc. Page 21434
BACKGROUND The Westinghouse Electric Corporation (“Westinghouse”) contracted in writing with Panalpina, Inc. (“Panalpina”), a “freight forwarder,” for the transportation and shipment of an electric transformer from the manufacturer (in Italy) to the ultimate consignee, the 3M Corporation (in Iowa).…
Dorothy Kovacevich v. Kent State University Page 21436
224 F.3d 806 (6th Cir. 2000) Dorothy Kovacevich, Plaintiff-Appellant,v.Kent State University, Defendant-Appellee.…
Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge BEEZER.…
United States v. Juan Manuel Tadeo Page 21439
Juan Manuel Tadeo (“Tadeo”) appeals from the 21-month sentence imposed by the district court following the revocation of his supervised release.…
In this appeal, we consider whether a bankruptcy attorney, properly admitted to practice in the relevant federal district *620 court, may be denied fees pursuant to 11 U.S.C.…
United States v. David L. Ertsgaard Page 21441
The government appeals the district court’s pre-trial dismissal of Counts 1 and 2 of a three-count indictment of Appellee David L.…
Rodney McLean worked for the United States Postal Service (“USPS”) for nine- and-a-half years as a Mark-Up Clerk until his disabilities prevented him from performing the duties of that position, even after USPS tried to modify the position to accommodate him.…
Talmage L. Ellis v. Nicholas Armenakis Page 21443
Talmage Ellis appeals the dismissal of his petition for writ of habeas corpus by the United States District Court for the District of Oregon.…
OVERVIEW The district court approved a class action settlement in a suit brought by the class plaintiffs against U.S. West Cellular of California, Inc. and AirToueh Cellular.…
Michel Ayoub, a citizen of Lebanon, had overstayed his visa to live in the United States by more than ten years while he filed various papers delaying his deportation.…
Christo v. Padgett Page 21521
As we embark on this appeal, we must, in the apt words of the district court, “trudge down a long and winding road” 1 that has as much to do with the extensive history behind the original complaint as it does with the procedural complexities in its wake.…
Benigno Munoz v. Oceanside Resorts, Inc. Page 21523
In these consolidated appeals, we decide as an issue of first impression in- this circuit whether an employer which demonstrates only that it eliminated an age discrimination plaintiffs former position satisfies its burden of proving that it legitimately would have terminated said plaintiff, thus precluding an award…
United States v. Honer Page 21525
Jackie Honer (“Honer”) appeals his jury conviction and sentence for aiding and abetting the distribution of cocaine base, where identification was the primary issue at trial.…
224 F.3d 1356 (Fed. Cir. 2000) NUTRINOVA NUTRITION SPECIALTIES AND FOOD INGREDIENTS GmbH and NUTRINOVA, INC.,Appellants,v.INTERNATIONAL TRADE COMMISSION, Appellee, and HANGZHOU SANHE FOOD COMPANY LTD., HANGZHOU SANHE FOOD ADDITIVES FACTORY, JRS INTERNATIONAL, INC., DINGSHENG, INC., and WYZ TECH, INC., Intervenors.…
The Northern District of Illinois awarded C&F Packing Co., Inc. extensive damages and prejudgment interest against IBP, Inc. for misappropriation of trade secrets.…
Opinion for the court filed by Circuit Judge RADER.…
During the Olympic trials for Greco-Roman Wrestling, conducted by United States of America Wrestling Association (USA Wrestling) as the governing body of that sport, Keith Sieracki was declared the winner, over Matt Lindland, in the 76 kilogram championship bout (known as “Bout #244” on the program).…
United States v. Nancy Jo Rebmann Page 21756
Defendant Nancy, Jo Rebmann pled guilty to distribution of heroin in violation of 21 U.S.C.…
230 F.3d 231 (6th Cir. 2000) Robert L. Haskins, Sr., Plaintiff-Appellee,v.Prudential Insurance Company of America, a/k/a The Prudential Insurance and Financial Services, Defendant-Appellant.…
United States v. Emmitt Granville Page 21758
Appellant Emmitt Granville entered a conditional plea of guilty to attempted murder of officers of the United States, in violation of 18 U.S.C.…
We confront the question of whether the Board of Immigration Appeals (“BIA”) may hold the adjudication of petitioner’s asylum application in abeyance pending the resolution of his parallel ■ extradition proceedings in federal district court.…
James Adair brought this action under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C.…
Perhaps death and taxes are the only true certainties, but close behind must be the risk of dissension when death occurs and those left behind try to divvy up the assets.…
Before the start of the 1994-95 school year Lawrence Head accepted a four-year contract to serve as the principal of Chicago’s Nathaniel Pope Elementary School.…
In 1981, registered nurse Nancy Williams began working at the Evanston, Illinois franchise of a national company called Interim Health Care (Interim-Ev-anston), 1 which provided temporary medical services in patients’ homes.…
Hugh Von Meshack, Lawayne Thomas, Linda Parker, and Terrence Ian Hodges appeal their convictions and sentences.…
Reverse and remanded by published opinion.…
Femedeer v. Haun Page 21959
This case primarily concerns whether Utah’s sex offender notification scheme, which includes posting information about convicted sex offenders on the Internet, violates the Double Jeopardy and Ex Post Facto Clauses of the U.S. Constitution when applied to offenders who committed their crimes prior to the effective…
Plaintiff Victor Johnson (Plaintiff) brought this action under federal question jurisdiction and as a diversity case, seeking declaratory relief and citing 28 U.S.C.…
Debbie Mitchell v. United States Page 22013
OPINION OF THE COURT This appeal from the district court’s judgment in favor of Appellee Debbie Mitchell in her complaint brought under the Federal Tort Claims Act (FTCA), 28 U.S.C.…
Pongetti v. Barron Page 22015
Attorney Cynthia Daniels seeks review of a district court order affirming a bankruptcy court order approving her compensation in an amount less than that prayed for in her application for compensation.…
Grothues v. Internal Revenue Service Page 22016
Primarily at issue is whether taxes owed by two corporations, principally owned by Paul A.…
Parker v. Universidad De Puerto Rico Page 22022
Beneath the surface of this seemingly simple case, there are issues of considerable complexity and import.…
United States v. Bashorun Page 22023
While reserving the right to appeal the district court ruling rejecting his pretrial motion to suppress the fruits of a warrant-less arrest, see Fed.R.Crim.P.…
Petitioner Melencio Legui Lim petitions from the dismissal by the Board of Immigration Appeals (“BIA”) of his appeal from an immigration judge’s (“IJ”) denial of asylum and denial of withholding of deportation.…
This case poses the question, what is bingo?…
Lee, Lavender, and Rodriguez appeal from sentences imposed after they pled guilty to aiding and abetting each other in a bank robbery, in violation of 18 U.S.C.…
227 F.3d 559 (6th Cir. 2000) Janice Courtney, Plaintiff-Appellant,v.Landair Transport, Inc.,Defendant-Appellee.…
OPINION Plaintiff, BP Chemicals, Inc., appeals from the entry of judgment in favor of defendant, First State Insurance Company, in this breach of contract action for indemnification under an excess liability insurance policy purchased by its contractor, Bath Electrical Systems, Inc. BP sought to recover more than…
United States v. Jose Angel Mendoza Page 22137
José Mendoza challenges the sufficiency of the evidence supporting his convictions of conspiracy to possess marihuana with intent to distribute, in violation of 21 U.S.C.…
This case presents a question of first impression involving an appeal to the Merit Systems Protection Board (“Board”) by someone who worked for a state entity, which directed and paid him, but also simultaneously was a federal employee.…
225 F.3d 1315 (Fed. Cir. 2000) PERSEPTIVE BIOSYSTEMS, INC., Plaintiff-Appellant,v.PHARMACIA BIOTECH, INC., PHARMACIA BIOTECH AS, SEPRACOR INC., PHARMACIA LBK BIOTECHNOLOGY AB, BIOSEPRA, INC., and PHARMACIA BIOTECH (also known as Pharmacia Biopress Technology, also known as Procordia AB), Defendants-Appellees.…
MERRITT, J., delivered the opinion of the court, in which MOORE, J., joined.…
OPINION OF THE COURT This appeal arises under the Truth in Lending Act (“TILA”), 15 U.S.C.…
Dr. Emory M. Ghana v. J. T. Holland Page 22152
OPINION OF THE COURT Appellant Emory M. Ghana filed a Bivens action against the warden of the federal prison in which he was then housed claiming the warden had violated his First Amendment rights.…
Ilya Boguslavsky appeals from an order of the United States District Court for the Southern District of New York (Martin, J.) dismissing his claims on the basis of res judicata.…
Grace v. Rosenstock Page 22157
Plaintiffs Lorraine Grace et al., individually and representing former stockholders of defendant Briggs Leasing Corporation (“Briggs”), appeal from a judgment of the United States District Court for the Eastern District of New York, Robert M.…
United States v. Wayne Chin Page 22158
Wayne Chin appeals from the judgment of the United States District Court for the Eastern District of New York (Hurley, J.) finding that he violated the terms of his supervised release by assaulting an individual with a firearm in violation of New York Penal Law §§ 120.05(2) and 265.02(1) and 18 U.S.C.…
Howard Krantz v. United States Page 22160
On September 13,1999, petitioner-appellant Howard Krantz, pro se and in forma *126 pauperis, filed a timely notice of appeal from a July 30, 1999 order of the United States District Court for the Eastern District of New York (Gleeson, J.) denying his habeas corpus petition under 28 U.S.C.…
Debtor-appellant Crysen/Montenay Energy Co. (“Crysen”) appeals from a judgment of the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge) accepting the Proposed Findings of Fact and Conclusions of Law of the Bankruptcy Court (Cornelius Blackshear, Bankruptcy Judge) and…
Jamaljah Aliwoli v. Lamark Carter, Warden Page 22164
Circuit Judge; concurring in part and dissenting in part.…
Doe v. Broderick Page 22165
OPINION John Doe brought an action against Detective Garrett G.…
Defendant Larry Eugene Tilford pleaded guilty to two counts of bank fraud in violation of 18 U.S.C.…
United States v. Rebecca K. Crossley (99-4076) Starla Grubich (99-4080),defendants-Appellants Page 22170
Rebecca K. Crossley and Starla Grubich each were convicted of conspiracy to commit mail fraud and of a single mail fraud violation.…
Daniel Alvarez, Sr. v. William E. Boyd Page 22172
At 7:00 a.m. on December 14,1998 Alicia Godina, while walking to a commuter train, was attacked and severely stabbed.…
Jim Lowery is under sentence of death for the 1979 murders of Mark and Gertrude Thompson.…
United States v. Stephen Lee Galati Page 22174
Defendant-Appellant Stephen Lee Gala-ti was convicted of two counts of bank robbery under 18 U.S.C.…
Opinion for the Special Court filed PER CURIAM.…
Thompson v. United States Page 22177
The United States appeals from a jury determination that the tax penalties and increased interest rate provided for in 26 U.S.C.…
United States v. Fria Vazquez Del Mercado Page 22178
I. INTRODUCTION & BACKGROUND In March of 1999, Arturo Fria Vasquez del Mercado (“Fria”) was indicted on one count of distribution of methamphetamine and one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C.…
United States v. Valdez Page 22179
A jury convicted Jaime Valdez on various counts of distribution and possession with intent to distribute methamphetamine in violation of 21 U.S.C.…
I. INTRODUCTION The Environmental Protection Agency (“EPA”) issued two letters opining that a proposed new power plant and an existing plant owned by Public Service Company of Colorado (“PSCo”) will constitute a “single source” of air emissions for purposes of air emissions permitting.…
A jury convicted Calvin Edwards of various drug and money laundering offenses, and two counts of violating 18 U.S.C.…
In March 1998, Marjorie Dorholt loaned $100,950 to Dorholt, Inc., a family printing business founded by her late husband.…
Jennifer Dormeyer v. Comerica Bank-Illinois Page 22183
In our opinion of July 24, 2000, affirming the district court’s decision, we ordered the plaintiff-appellant’s counsel, Ernest T.…
United States v. Guadalupe Almanza Page 22184
The defendant was convicted of conspiring with two other men to possess cocaine with intent to distribute it, and was sentenced to 78 months in prison.…
Dr. Ronald Y. Chuang and Dr. Linda Chuang contend that officials at the University of California, Davis (“Davis”) discriminated against them on the basis of their race (Asian) and national origin (Chinese), in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.…
The recent proliferation of so-called “hedge-to-arrive” contracts for the sale of grain has pitted many American farmers against their counterparts in the grain storage and marketing industry.…
Julio Amezquito Acevedo appeals from a judgment of conviction and sentence entered on October 26, 1999 by the United States District Court for the Southern District of New York (Jones, J.).…
This case is before the Court on appeal from the Tax Court, which determined that $160,000 worth of salaries paid to Davenport’s corporate officers must be capitalized, rather than deducted fully during the year in which the salaries were paid.…
Raoul A. Harris v. Edgar C. Day, Jr. Warden Page 22207
Raoul A. Harris (“Harris”) appeals the district court’s dismissal of his petition for habeas corpus relief under 28 U.S.C.…
Thomas v. National Ass'n of Letter Carriers Page 22208
Before us are two appeals by Gerald M. Thomas (“Thomas”).…
United States v. Garib-Bazain Page 22209
This is an interlocutory criminal appeal from a district court order denying a motion to dismiss on statute-of-limitations grounds.…
concurring in part and dissenting in part: I concur in the majority’s thorough and well-reasoned opinion insofar as it (1) concludes that the District Court applied the wrong legal standard for purposes of determining' whether Bartlett is disabled with respect to the major life activity of reading and (2) vacates the…
Yesterday afternoon this court held that Matt Lindland is entitled to an order enforcing Arbitrator Burns’s award in his favor.…
David D. Chittister v. Department of Community and Economic Development David Black Larry Segal Page 22229
OPINION OF THE COURT In this case, we must decide whether Congress validly abrogated the states’ Eleventh Amendment immunity when it enacted provisions of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C.…
OPINION OF THE COURT Leonard Applebaum leased two automobiles from Nissan Motor Acceptance Corporation (“NMAC”) through a dealership owned and operated by Reitenbaugh Enterprises (“Reitenbaugh”).…
United States v. Vega-Coreano Page 22233
The Defendant, Jessica Vega-Coreano (“Vega”), pleaded guilty to acting as an accessory after the fact to a robbery.…
Today we examine Texas’s response to the decision of the Supreme Court 1 that the Constitution forbids the execution of an insane person.…
Collins v. Morgan Stanley Dean Witter Page 22236
Relying partly on the advice of Morgan Stanley, later Morgan Stanley Dean Witter & Co. (“Morgan Stanley”), the board of directors and stockholders of Allwaste, Inc. (“Allwaste”), voted to merge with Philip Services Corporation (“Philip”).…
ALAN E. NORRIS, J., delivered the opinion of the court, in which SILER, J., joined.…
*434OPINION This case grew out of an Act of the legislature of the State of Ohio to amend the state’s dealer licensing laws.…
Hisrich v. Volvo Cars of North America, Inc. Page 22239
COLE, J., delivered the opinion of the court, in which MERRITT, J., joined.…
OPINION Plaintiff-Appellant John J. Glassner, individually and as executor for the estate of Ella J.…
225 F.3d 993 (8th Cir. 2000) WILLIE TAYLOR; DERRICK MARSHALL; LATESA CALLOWAY; MARY DARLEN HOLMES; LASAUNDRA JOHNSON; LORETTA PAGE; ALICE CALLOWAY; STANLEY CALLOWAY; BERNICE BATES; NIKITA CALLOWAY; RUBY COBURN; ARNISSA EDWARDS; WILLIAM GOLLIN; GRACE PAGE; KIMBERLY NATHAN WARREN; AND SHARON WHITE, APPELLANTS,v.WILLIAM…
Virginia Fowler became a courier for SmithKline Beecham Clinical Laboratories in 1993, picking up laboratory samples from, and delivering test results to, medical service providers in southeast Arkansas.…
United States v. Ivy Nelson Fountain Page 22243
The defendant, Ivy Nelson Fountain, was convicted of two counts of distribution of cocaine base within 1000 feet of a school in violation of 21 U.S.C.…
Roberts v. Sabine State Bank & Trust Co. Page 22245
Rob Roberts (“Roberts”) appeals the District Court’s dismissal with prejudice of his original complaint filed against Sabine State Bank & Trust Company (“Sabine”).…
Aaron M. Deroo v. United States Page 22286
Aaron Matthew DeRoo pleaded guilty to a one count indictment for possession of ammunition by a convicted felon in violation of 18 U.S.C.…
223 F.3d 911 (8th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,v.SANTOS GARCIA TAVARES, DEFENDANT - APPELLANT.…
Debra J. Wheeler appeals from the district court’s 2 order affirming the denial of *894 her requests for disability insurance benefits, under Title II of the Social Security Act, 42 U.S.C.…
Rogina Moen Ribbey, Administrator of the Estate of Charles Ribbey v. Gregory A. Cox, State of Iowa Page 22289
Gregory A. Cox, a former trooper with the Iowa State Patrol, appeals from the District Court’s 2 order denying his motion for summary judgment on the basis of qualified immunity in this 42 U.S.C.…
United States v. David Paul Hammer Page 22293
OPINION OF THE COURT I. A. This matter comes before this court on David Paul Hammer’s appeal from the judgment of conviction and sentence entered on November 4, 1998, in which the district court imposed a sentence of death.…
ON PETITION FOR REHEARING EN BANC Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M.…
Certifícate of appealability denied and appeal dismissed by published opinion.…
226 F.3d 46 (2nd Cir. 2000) PAUL CARUOLO and MARGARET CARUOLO, Plaintiffs-Appellees-Cross-Appellants, v.JOHN CRANE, INC., Defendant-Appellant-Cross-Appellee,A C and S, INC., COMBUSTION ENGINEERING, INC., OWENS-CORNING FIBERGLAS CORP., FIBREBOARD CORPORATION, U.S. MINERAL PRODUCTS CO., PITTSBURGH-CORNING CORP., THE…
224 F.3d 1361 (Fed. Cir. 2000) NORTHERN STATES POWER COMPANY, Plaintiff-Appellant,v.UNITED STATES, Defendant-Appellee.…
In this appeal the United States challenges a decision of the United States Court of Federal Claims that three electric utilities may maintain a damage suit based on the government’s alleged breach of a 1983 contract with the utilities by which the government agreed, beginning no later than January 1, 1998, to dispose…
This appeal arises out of an adversary proceeding filed by Philip F.…
Rochester Walker v. Northeast Regional Commuter Railroad Corporation, Doing Business as Metra Page 22358
Plaintiff-appellant Rochester Walker brought this claim pursuant to the Federal Employers’ Liability Act, 45 U.S.C.…
227 F.3d 993 (7th Cir. 2000) GOBLE JESSUP, Plaintiff-Appellee,v.ROBERT LUTHER, JAMES SHAFFER, individually and in his official capacity, DALE ADAMS, individually and in his official capacity, et al., Defendants-Appellees.APPEAL OF MID-ILLINOIS NEWSPAPERS, INCORPORATED, Proposed Intervenor.…
The principal question of Louisiana law presented by this appeal is whether the life insurance companies which provided life and stop loss insurance for an employees’ health and welfare plan may be held vicariously hable to the employer, the employees’ trust, and the plan’s health care providers, for the third party…
Sidney Walter Scott, an inmate at the Eastern Oregon Correctional Institution, brought a petition for a writ of habeas corpus under 28 U.S.C.…
Bonnie Shramek applied for Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI).…
United States v. Odin D. Payne Page 22365
On June 16, 1998, a grand jury indicted Odin D.…
Acequia, Inc., an Idaho family farming operation, obtained a $4 million loan from Prudential in 1977.…
Marsh v. Soares Page 22369
Petitioner-Appellant Roger Marsh, an inmate appearing pro se, seeks to appeal from the dismissal of his habeas petition, 28 U.S.C.…
226 F.3d 483 (6th Cir. 2000) George Cacevic, an individual; Deda Cacevic, an individual; Checkers Bar & Grill, Inc., d/b/a Derby's Bar, a Michigan corporation, Plaintiffs-Appellants,v.City of Hazel Park, a Municipal corporation; Hazel Park Police Department; Albert Sadow, individually and in his official capacity…
O’MALLEY, D.J., delivered the opinion of the court, in which BATCHELDER, J., joined.…
The trustees of twenty-five multi-em-ployer health benefit plans (the Trustees) commenced this action in Minnesota state court, asserting various state law claims against defendant tobacco companies.…
United States v. Chavez Page 22397
Sandra Chavez appeals her conviction of conspiracy to distribute a controlled substance (less than fifty kilograms of marijuana — a Schedule I controlled substance — 21 U.S.C.…
Plotner v. AT & T Corp. Page 22398
This appeal emerges from a procedural morass that began with appellant Charlotte Ann Plotner’s 1992 bankruptcy proceedings.…
United States v. Pena-Lora Page 22399
Appellants challenge the convictions and sentences imposed for their respective roles in an armed hostage-taking which took place in the District of Puerto Rico in 1997.…
Daniel C. Summers,claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 22415
Opinion for the court filed by Circuit Judge GAJARSA.…
Opinion for the court filed by Circuit Judge LOURIE.…
After affirming our prior judgment in part and reversing in part, the United States Supreme Court remanded this case for a determination of whether the California Dental Association’s advertising restrictions are anticompetitive under rule-of-reason analysis.…
This appeal presents an insurance coverage question.…
Charles Tyree Green v. Theo White, Warden Page 22423
Charles Tyree Green, a prisoner in the State of California, appeals from the federal district court’s dismissal of his petition for a writ of habeas corpus.…
Plaintiffs Dale and Terry Lucht have an autistic son who lives within the area served by Defendant, the Molalla River School District.…
Salvador A. Hernandez v. United States Page 22428
As he is required to do under 28 U.S.C. § 2244(b)(3), Salvador Hernandez has applied for an order from this court authorizing the district court to consider a second or successive motion for collateral relief under 28 U.S.C.…
Petitioner, Alicia Wai Ling Tang (“Petitioner”) seeks judicial review of a final decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal from a deportation order entered by an immigration judge (“IJ”).…
225 F.3d 923 (8th Cir. 2000) ALAN RAY YELLOW HORSE, SPECIAL ADMINISTRATOR OF THE ESTATE OF FREDERICK NEAL YELLOW HORSE, DECEASED, APPELLANT/CROSS-APPELLEE,v.PENNINGTON COUNTY, SOUTH DAKOTA; JILL WEST, AS CORRECTIONS OFFICER FOR PENNINGTON COUNTY; PEGGY SEVERSON, AS DEPUTY SHERIFF OF PENNINGTON COUNTY…
Plaintiff, John P. Cafarelli, d/b/a Battle Creek Taxi, Car Service, appeals from the district court’s judgment sua sponte dismissing Plaintiffs claim seeking declaratory, injunctive, and monetary relief against Defendant, Ross Yancy, d/b/a Yfellow Cab Company, under § 605 of the Federal Communications Act, 47 U.S.C.…
223 F.3d 354 (6th Cir. 2000) Cathedral Rock of North College Hill, Inc., d/b/a Beechknoll Convalescent Center, Plaintiff-Appellant,v.Donna E.…
CLAY, J., delivered the opinion of the court.…
The question presented is whether plaintiff M.C., a disabled child within the meaning of the Individuals with Disabilities Education Act (“IDEA” or “the Act”), 20 U.S.C.…
Dissenting: Because I find Congress’s intent plain on the face of the statute not to permit withholding of deportation or, in the parlance of the.new law, cancellation of removal to aliens in appellee’s position, I respectfully dissent.…
Lile v. McKune Page 22476
These cross-appeals arise out of an action brought by Plaintiff Robert G.…
United States v. Robert Herbert Kramer Page 22477
Robert Herbert Kramer was found guilty of the willful failure to pay a past due child support obligation in violation of the Child Support Recovery Act (“CSRA”), 18 U.S.C.…
Douglas Power v. Phillip M. Summers Page 22479
Three professors at Vincennes University, a public university in Indiana, brought suit under 42 U.S.C.…
United States v. Joseph N. Basinski Page 22481
While investigating Joseph Basinski for jewelry theft, the government learned that his friend William Friedman was storing Basinski’s locked briefcase in a barn in Wisconsin, and that the briefcase probably contained incriminating documents.…
Abbas Zahedi, a citizen of Iran, petitions for review of the determination of the Board of Immigration Appeals (“BIA” or “Board”) that he has not established asylum eligibility.…
United States v. Ronald Teck Hua Tiong, United States of America v. Raul Miguel Rubio-Alabau Page 22485
The only issue in this case is whether there was a sufficient articulated basis for reasonable suspicion for a vehicle stop.…
225 F.3d 1030 (9th Cir. 2000) MARY J. KLING, an individual, Plaintiff-counter-defendant-Appellant,v.HALLMARK CARDS INC., a Missouri corporation; MATTEL, INC., a Delaware corporation, Defendants-Appellees,DIC ANIMATION CITY INC., f/k/a/ Live Film and Mediaworks, Inc., Defendant-cross-defendant-Appellee,UNITED FEATURE…
Ms. Carol Judy Higashi sought a redress payment and an apology under 50 U.S.C.…
Quilling v. Funding Resource Group Page 22491
Appellant B. David Gilliland appeals from the district court’s orders finding him in contempt of court, and denying his emergency motion to vacate and emergency motion to stay the contempt order.…
Derrick Jones v. Burl Cain, Warden Page 22492
Upon reconsideration, we withdraw our previous opinion in this matter, reported at 218 F.3d 469, and substitute the following.…
Ganino v. Citizens Utilities Co. Page 22493
The plaintiffs-appellants appeal from a final judgment of the United States District Court for the District of Connecticut (Warren W.…
OPINION OF THE COURT Michael Malik Allah appeals the District Court’s order granting the motion of defendants Humza Al-Hafeez and William W.…
Official Committee of Unsecured Creditors of Cybergenics Corp. Ex Rel. Cybergenics Co. v. Chinery Page 22495
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 9-6-2000 In Re: Cybergenics Corporation Precedential or Non-Precedential: Docket 99-5592 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "In Re: Cybergenics…
Two points in the area of public labor relations are by now well established.…
Stephanie Massey was fired by Blue Cross-Blue Shield.…
On October 22, 1999, the district court dismissed Jeffrey MeixelPs amended complaint with prejudice.…
Dr. Iris I. Varner, and United States of America, Intervening v. Illinois State University Page 22499
The plaintiffs comprise a class of tenured and tenure-track female faculty members at Illinois State University (the “University”) who contend that the University *929 pays female professors less money than their male counterparts.…
United States v. Ceballos-Torres Page 22502
ON PETITION FOR REHEARING AND REHEARING EN BANC Before REYNALDO G.…
DECISION The United States appeals the judgment of the United States Court of Federal Claims in favor of Dow Chemical Company (Dow) holding the United States liable for damages for patent infringement.…
On appeal, Freightliner Corporation (“Freightliner”) seeks an equitable adjustment of $15,598,353, arguing that the United States Army Tank-Automobile Command’s (“TACOM’s” or “Government’s”) option exercise in the last year of a five-year multiyear contract was ineffective.…
225 F.3d 1349 (Fed. Cir. 2000) SIBIA NEUROSCIENCES, INC., PLAINTIFF-APPELLEE,V.CADUS PHARMACEUTICAL CORPORATION,DEFENDANT-APPELLANT.…
Bielicki v. Terminix International Co. Page 22518
The Terminix International Company, L.P., appeals from a jury verdict awarding punitive damages based on injuries suffered by Vickie Bielicki, Marta Romana, and Cindy Vigil from a Terminix employee’s spraying of a toxic pesticide in their presence.…
United States v. Babatunde Nathaniel Beeks Page 22522
Babatunde Beeks appeals from his conviction on one count of conspiracy to distribute crack cocaine.…
Janice Adcock-Ladd v. Secretary of Treasury United States Secret Service Department of Treasury Page 22524
OPINION The plaintiff-appellant, Janice Adcock-Ladd (“Adcock-Ladd”), the undisputed “prevailing party” in a federal employment discrimination lawsuit against the defendant-appellees United States Secretary of Treasury in his official capacity, and the United States Secret Service, Department of Treasury (sometimes…
OPINION In 1996, Therm Acquisition sought to purchase the substantial business assets of one of Vista 2000’s wholly-owned subsidiaries, Family Safety Products, Inc.1 Family Safety, a Georgia corporation, manufactured carbon monoxide detectors and other household products.…
United States v. Howard Herman Steverson Page 22527
OPINION Defendant-Appellant Howard Herman Steverson appeals his conviction on three counts of being a convicted felon in possession of a firearm, in violation of 18 U.S.C.…
HOLSCHUH, D. J., delivered the opinion of the court, in which ALAN E.…
In 1984, Patricia Hendrickson was found guilty of capital murder and sentenced to death for conspiring with Norma Foster and Mark Yarbrough to hire Howard Vagi to kill her husband.…
We must decide whether a person who knowingly transports an illegal alien in the United States but does so in the course of his employment lacks the mens rea necessary to support a conviction for transportation of an illegal alien.…
United States v. Troy Anthony Edwards Page 22533
Troy Anthony Edwards appeals his conviction from his second trial on one count of possession of cocaine with intent to distribute.…
The narrow question we must answer is whether the First Amendment compels a public high school to share the podium with a teacher with antagonistic and contrary views when the school speaks to its own constituents on the subject of how students should behave towards each other while in school.…
Joe Marsh v. Butler County, Alabama Page 22537
ON SUA SPONTE RECONSIDERATION Before BIRCH, BARKETT and ALARCON * , Circuit Judges.…
Defendants Arthur Goldstein and Medco Administrators, Ltd. (“Medco”), appeal from a final judgment of the United States District Court for the Southern District of New York, Kimba M.…
United States v. Gregg Page 22604
OPINION OF THE COURT In this case, the United States appeals the decision of the District Court for the District of New Jersey (John C.…
“No action shall be brought with respect to prison conditions ...…
Richard Talbott is among the throngs of state and federal prisoners who believe that Apprendi v. New Jersey, U.S. -, 120 S.Ct.…
United States v. Richardson Page 22611
Kareem Richardson, Roy T. Gaul, Marc Taylor, and David Arruda were convicted on multiple counts involving a conspiracy to distribute cocaine.…
United States v. Coviello Page 22612
Crazy Bob’s, a discount computer products store in Wakefield, Massachusetts, sold stolen Microsoft software.…
The appellant, Beaver Plant Operations, Inc., seeks review of the Final Judgment of the Occupational Health and Safety Review Commission.…
United States v. Carlos Reyes Page 22615
Appellant “Carlos Reyes” was convicted of making a false statement to a government agent, in violation of 18 U.S.C.…
228 F.3d 718 (6th Cir. 2000) Calphalon Corporation, Plaintiff-Appellant,v.Jerry Rowlette; Rowlette & Associates,Defendants-Appellees.…
Stout v. J.D. Byrider Page 22618
OPINION Plaintiffs James D. Stout and Shirley A.…
OPINION This is the second interlocutory appeal of the district court’s denial of Defendants Appellant Joseph W.…
223 F.3d 1026 (9th Cir. 2000) JONATHAN ANDREW WYNER, by and through his guardian ad litem, STEVEN MARCUS WYNER; NANCY MARIE WYNER; STEVEN MARCUS WYNER, Plaintiffs-Appellants,v.MANHATTAN BEACH UNIFIED SCHOOL DISTRICT; BOARD OF EDUCATION OF MANHATTAN BEACH UNIFIED SCHOOL DISTRICT, Defendants-Appellees.…
ORDER The opinion, filed July 11, 2000, is amended as follows.…
The State of California appeals from the district court’s grant of habeas corpus relief to Damacio Torres under 28 U.S.C.…
223 F.3d 1111 (9th Cir. 2000) DAN MARIUS ANDREIU, Petitioner,v.JANET RENO, Attorney General, Respondent.…
St. Thomas—St. John Hotel & Tourism Ass'n v. Government of the United States Virgin Islands Page 22630
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 6-30-2000 St Thomas St John Hotel Tourism, Inc. v. Govt of VI Precedential or Non-Precedential: Docket 99-3513 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "St…
United States v. Dale Lynn Ryan Page 22642
Dale Lynn Ryan appeals from the district court’s denial of his 28 U.S.C.…
A jury convicted Alejandro Cruz-Padilla of three counts of possession with intent to distribute and conspiracy to distribute methamphetamine in violation of 21 U.S.C.…
United States v. Charles Lavell Hardy Page 22673
Charles Lavell Hardy appeals from a final judgment entered in the United States District Court 2 for the District of Minnesota upon a jury verdict finding him guilty of possession with intent to distribute cocaine base (crack cocaine) and conspiracy to distribute and possess with intent to distribute crack cocaine.…
OPINION OF THE COURT I. INTRODUCTION This matter comes on before this court on appeal from a final order of the district court entered September 28, 1999, granting judgment as a matter of law'in favor of defendant Chrysler Motors pursuant to Fed.R.Civ.P.…
Gregory May v. Michael F. Sheahan Page 22676
Pretrial detainee Gregory May brought suit against Cook County Sheriff Michael Sheahan and unnamed Sheriffs Department employees, alleging that the conditions ■ of confinement faced by detainees taken to Cook County Hospital are unconstitutional in several respects, as well as illegal under the Americans with…
Interstate Petroleum Corp. v. Morgan Page 22677
Vacated and remanded with instructions. Judge WIDENER wrote the opinion, in which Senior Judge MICHAEL joined.…
Affirmed and remanded by published opinion.…
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Senior Judge BEEZER joined.…
Frederick H. Dambach, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 22680
Frederick H. Dambach appeals from the August 3, 1999 judgment of the United States Court of Appeals for Veterans Claims, Docket No. 98-356, affirming-in-part and remanding his appeal to the Board of Veterans’ Appeals to determine whether an independent medical examination was conducted pursuant to 38 U.S.C.…
Ecolochem, Inc. (“Ecolochem”) filed suit in 1992, alleging that Southern California Edison Company (“Edison”) infringed Ec-olochem’s U.S. Patent Nos. 4,556,492 (“the ’492 patent”) and 4,818,411 (“the ’411 patent”) when deoxygenating water in the High-Flow Makeup Demineralizer (“HFMUD”) at Edison’s San Onofre Nuclear…
Mary E. Scott, of the Estate of Lucille M. Horstmeier, Deceased v. Commissioner of Internal Revenue Page 22708
The decedent, Lucille M. Horstmeier and petitioner Mary E.…
The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C.…
Mannesman Demag Corp. v. M/V Concert Express Page 22756
Mannesman Demag Corporation (“Mannesman”) appeals the amount of a summary judgment award in its favor, and Trism Specialized Carriers, Inc. (“Trism”), appeals an adverse summary judgment in favor of Atlantic Container Line, Inc. (“Atlantic”).…
Johnson v. Heublein Inc. Page 22758
Plaintiffs-Appellants appeal from the district court’s judgment denying their motion to remand the case to state court on the grounds that it was untimely removed under 28 U.S.C.…
United States v. Jerry Lee Maney Page 22767
OPINION Jerry Lee Maney was convicted of attempt to escape from federal custody and forcible assault by use of a dangerous *662 weapon.…
Daniel Wheeler v. Kurt Jones Page 22768
OPINION In 1971, a Michigan jury convicted Daniel Wheeler of first-degree murder and sentenced him to a term of life imprisonment without parole.…
OPINION Prudential Securities, Inc. (“Prudential”) and Dean Witter Reynolds, Inc. (“Dean Witter”) (collectively referred to as “plaintiffs”) initiated this action seeking to enjoin Catherine M.…
Plaintiff/Appellee Howard Chabner brought suit against DefendanVAppellant United of Omaha Insurance Company (“United”) for alleged violations of the Americans with Disabilities Act (“ADA”) *1045 and of various California state laws.…
I. This appeal arises out of the extensively litigated bankruptcy of Ken Mizuno, a Japanese land developer who defrauded thousands of Japanese investors in a golf course and country club development, and used some of the money to pay gambling debts and make preferential transfers in the United States.…
The Agua Caliente Band of Cahuilla Indians and the Agua Caliente Tribal Corporation (collectively “the Tribe”) seek a declaratory judgment that federal law precludes imposition of the State of California’s sales and use tax on purchases of food and beverages by non-tribal members at a tribal resort on reservation land.…
224 F.3d 1093 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellant-Cross-Appellee,v.BRENDA LEE WORKING, Defendant-Appellee-Cross-Appellant.…
Samson Dubria v. G.A. Smith, Warden Page 22775
224 F.3d 995 (9th Cir. 2000) SAMSON DUBRIA, Petitioner-Appellant,v.G.A.…
United States v. Kayle Nordby Page 22776
Opinion by Judge CANBY; Dissent by Judge REINHARDT.…
On April 8, 1999, a jury convicted Francis Joseph Reilly of Armed Bank Robbery in violation of 18 U.S.C.…
Rocky Dean Laboa v. Arthur Calderon, Warden Page 22778
224 F.3d 972 (9th Cir. 2000) ROCKY DEAN LABOA, Petitioner-Appellant,v.ARTHUR CALDERON, Warden, Respondent-Appellee.…
227 F.3d 1090 (9th Cir. 2000) MANISTEE TOWN CENTER, an Arizona Limited Liability Company, Plaintiff-Appellant,v.CITY OF GLENDALE, a municipal corporation; ELAINE SCRUGGS, in her official and individual capacity (wife); LAWRENCE SCRUGGS, husband; DAVID GOULET, in his individual and official capacity (husband); MARY…
United States v. Jeffrey Littlejohn Page 22780
224 F.3d 960 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JEFFREY LITTLEJOHN, Defendant-Appellant.…
In response to the filing by MOVA Pharmaceutical Corporation of an Abbreviated New Drug Application (ANDA) for a bioequivalent form of Upjohn’s formulation of the anti-diabetic drug glyburide, in accordance with 21 U.S.C.…
The United States government charged William C.…
United States v. Chauncy J. Clark Page 22787
After a bench trial, the district court found that Chauncy Clark obtained funds from a Wisconsin bank through intimidation and found him guilty of committing bank robbery in violation of 18 U.S.C.…
United States v. Dwayne Reed Page 22788
Defendant Dwayne Reed was charged with bank robbery under 18 U.S.C.…
Williamson v. Jones Page 22790
The debtors in four Chapter 7 bankruptcy proceedings appeal a consolidated order of the Bankruptcy Appellate Panel (BAP) holding that earned income tax credits (EICs) based upon pre-petition eligibility are property of the bankruptcy estate pursuant to section 541 of the Bankruptcy Code.…
South Valley Health Care Center (South Valley) appeals from a final decision of the Secretary of the Department of Health and Human Services (the Secretary) affirming a civil money penalty against South Valley.…
Mangieri v. Mangieri Page 22792
This case arises from a will contest between plaintiff-appellant Robert W.…
United States v. Stephen J. Flemmi Page 22793
This appeal arises out of a relentless effort by the Federal Bureau of Investigation (FBI) to infiltrate, and eventually to smash, the New England branch of La Cosa Nostra (LCN).…
Ricky Baker v. David Alan Dorfman Page 22798
Nine months after Ricky Baker was told by an agency of New York City (the “City”) that he had tested positive for the human immunodeficiency virus (“HIV”), the City asked him to submit to another test, which revealed that the first result was a false positive.…
Cisneros v. Wilson Page 22884
226 F.3d 1113 (10th Cir. 2000) REBECCA CISNEROS, Plaintiff-Appellant,v.HEATHER WILSON, Cabinet Secretary; CHRISTINE ROMERO, in her individual capacity, Defendants,andCHILDREN, YOUTH AND FAMILIES DEPARTMENT, as a branch of the State of New Mexico, Defendant-Appellee.UNITED STATES OF AMERICA, Intervenor.…
United States v. Gbemisola, Abdul J. Page 22885
Opinion for the Court filed by Circuit Judge GARLAND.…
Cone, George E. v. Caldera, Louis Page 22886
Opinion for the Court filed by Circuit Judge GARLAND.…
OPINION Petitioner Mamadou Amadou challenges the Board of Immigration Appeals’ denial of his applications for asylum, withholding of deportation, and voluntary departure.…
Dorothy MacKey v. United States Page 22888
This appeal comes to us for the second time.…
Consumers Energy Company has petitioned this court for review of an order of the Federal Energy Regulatory Commission (FERC) that granted Consumers’s petition to decrease certain of its rates but, according to Consumers, in doing so attempted to extend its regulatory authority beyond the boundaries authorized by…
In case numbers 99-5325 and 99-5326, respectively, the defendants-appellants Javier Saucedo (“Saucedo”) and Refujio Hernandez (“Hernandez”) have each contested his sentence, and Hernandez has challenged his conviction, for cocaine conspiracy offenses.…
John Dillard v. Baldwin County Commissioners Page 22892
John DILLARD, Plaintiff-Appellee, Dale Eugene Brown, George R.…
TLC Hospitals, Inc. (“TLC”) was the operator of skilled nursing facilities that provided many of their services subject to reimbursement by Medicare, a health insurance program administered by the United States Department of Health and Human Services (“HHS”).…
United States v. Thomas Alan Sumner Page 22895
Thomas Alan Sumner appeals from the order of the district court denying his motion to expunge his twenty-six-year-old *1008 conviction for the unlawful possession of narcotics and to order the Government to remove all records of his arrest and conviction from its central files.…
Ross Island Sand & Gravel Co. v. Matson Page 22896
PER CURIAM Opinion; Concurrence by Judge D.W.…
Nordyke v. King Page 22897
ORDER We certify to the California Supreme Court the question set forth in Part III of this order.…
226 F.3d 1349 (Fed. Cir. 2000) SOUTHERN CALIFORNIA EDISON COMPANY, Plaintiff-Cross Appellant, and LOS ANGELES DEPARTMENT OF WATER AND POWER, Plaintiff-Cross Appellant,v.UNITED STATES, Defendant/Third Party Plaintiff-Appellant, and ARIZONA POWER AUTHORITY, Third Party Defendant- Appellant, and COLORADO RIVER COMMISSION…
OPINION OF THE COURT Prior to the passage of the Bankruptcy Reform Act of 1994, the Bankruptcy Code expressly, authorized the Bankruptcy Court to award fees and expenses from the debtor’s estate to the debtor’s attorneys.…
Alixcair Valverde appeals from a judgment of the United States District Court for the Eastern District of New York *132 (Frederic Block, Judge) dismissing as untimely his petition for a writ of habeas corpus filed pursuant to 28 U.S.C.…
Clark v. Johnson Page 22909
Texas death row inmate James Lee Clark requests that we grant a certificate of appealability as required by 28 U.S.C.…
AK Steel Corp. v. United States Page 22911
ORDER A combined petition for rehearing and suggestion for rehearing en banc having been filed by appellees Dongbu Steel Co., Ltd., et al., and Pohang Iron & Steel Co., Ltd. et al., and responses thereto having been invited by the court and filed by appellants and the United States 1, Upon consideration thereof, it is…
In Re Attorney Lori E. LIGHTFOOT Page 22912
At the end of our opinion in Lindstrom v. Graber, 203 F.3d 470 (7th Cir.2000), we directed Assistant U.S. Attorney Lori Lightfoot to show cause why she should not be disciplined for conduct unbecoming a member of the bar of this court.…
227 F.3d 107 (3rd Cir. 2000) JOHN D. ALVIN, GENERAL PARTNER; PHARMAKON, INC.; CLINICAL PATHOLOGY FACILITY, INC., A PENNSYLVANIA CORPORATION, FORMER GENERAL PARTNER; A DELAWARE CORPORATION, PRESENT GENERAL PARTNER AS SUCCESSOR IN INTEREST TO, CLINICAL PATHOLOGY FACILITY T/A PHARMAKON RESEARCH AND DEVELOPMENT A LIMITED…
United States v. Robert Bailey Page 22922
Robert Bailey, a cadet with the Village of Maywood (Ill.) Park District Police Department, joined other police officers in an attempted robbery of a drug-dealer.…
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC Before TJOFLAT, EDMONDSON, BLACK, CARNES, BARKETT, MARCUS and WILSON, Circuit Judges.…
Cadena v. Pacesetter Corp. Page 22926
I. INTRODUCTION For four months, Lynn Cadena’s supervisor at work subjected her to severe sexual harassment.…
United States v. Armenta-Castro Page 22927
Manuel Armenta-Castro pleaded guilty in federal district court to illegally reentering the United States after a prior deportation.…
225 F.3d 1167 (10th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff - Appellee,v.ALVIN PETERSON, SR., Defendant - Appellant.…
Carol Broadus v. O.K. Industries, Inc. Page 22929
O.K. Industries, Inc., appeals the district court’s 2 judgment entered in favor of Carol Broadus after a jury trial.…
L & L Exhibition Management, Inc. (“L & L”), appeals the district court 2 judgment that L & L violated § 43(a) of the Lanham Act, 15 U.S.C.…
225 F.3d 942 (8th Cir. 2000) SOUTHWESTERN BELL TELEPHONE COMPANY, APPELLANT,UNITED STATES; FEDERAL COMMUNICATIONS COMMISSION, INTERVENORS ON APPEAL,v.CONNECT COMMUNICATIONS CORPORATION; ARKANSAS PUBLIC SERVICE COMMISSION; JIM VON GREMP, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE ARKANSAS PUBLIC SERVICE COMMISSION…
United States v. John Doe Page 22932
John Doe (a pseudonym), was seventeen years old when he was found guilty of carrying a firearm during and in relation to a drug trafficking crime and being a juvenile in possession of a firearm.…
Dean Vincent v. William Seabold, Warden Page 22933
In August 1985, a jury in Butler County, Kentucky, convicted Petitioner-Appellant Dean Vincent, along with co-defendants Leroy Kinser and Ronald Johnson, of first degree robbery, first degree burglary, and murder.…
Dennis Isham v. Michael Randle, Warden Page 22934
Defendant appeals the judgment of the district court dismissing his habeas corpus petition as untimely under 28 U.S.C.…
United States v. Stephen Michael Green, United States of America v. Thomas Arthur Green, Sr. Page 22935
As a result of their participation in a telemarketing fraud, appellants were charged by grand jury indictment with one count of conspiracy to commit wire fraud in violation of 18 U.S.C.…
Spencer Robinson v. Gothriel Lafleur Page 22936
Spencer Robinson appeals the district court’s denial of his 28 U.S.C.…
United States v. Zhou Liang Page 22937
OVERVIEW Appellant Zhou appeals his conviction for attempted alien smuggling to a place other than a designated port, in violation of 8 U.S.C.…
United States v. Kenneth Foster Page 22940
Kenneth Foster appeals his conviction and sentence for importing marijuana and possessing marijuana with intent to distribute.…
United States v. Ramon Velarde-Gomez Page 22941
Ramon Velarde-Gomez appeals from his conviction of importation of marijuana in violation of 21 U.S.C.…
SILER, J., delivered the opinion of the court.…
This case pits the twenty-first amendment, which appears in the Constitution, against the “dormant commerce clause,” which does not.…
This appeal from the dismissal of a suit because of the plaintiffs failure to meet a deadline presents a new twist on the old problem of dismissal as a sanction for untimely pleadings.…
Eugene Johnson was indicted for selling 1.1 grams of cocaine base (“crack”) to a Government informant.…
T.H.E. Insurance Company v. City of Alton Page 22994
A tragic accident at a municipal fireworks display gave rise to this dispute over insurance coverage.…
Reverse and remanded by published opinion.…
United States v. Curtis Bernard Minor Page 22996
Vacated and remanded by published opinion.…
Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KING joined.…
United States v. Gandia-Maysonet Page 22998
Daniel Gandia-Maysonet was convicted upon a plea of guilty to one count of carjacking, 18 U.S.C.…
Scott v. Johnson Page 23178
John E. Scott, a Texas state prisoner, appeals the district court’s dismissal without prejudice of his federal habeas petition for failure to exhaust state remedies.…
Francisco and Veronica Reyes were convicted following a jury trial on one count of conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C.…
Beverly California Corporation operates nursing homes all over the United States — approximately 900 at the time the labor practices at issue in this appeal occurred.…
Nicholas v. Pennsylvania State University Page 23182
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 9-13-2000 Nicholas v. Pennsylvania State Univ Precedential or Non-Precedential: Docket 98-7611 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Nicholas v.…
Lee v. GTE Florida, Inc. Page 23190
Defendant GTE Florida appeals from the district court’s denial of its Rule 50(b) motion for judgment as a matter of law as to Plaintiff Andrea Lee’s Title VII sex discrimination claim.…
United States v. Dominguez Page 23192
After having been convicted by a jury on multiple counts involving participation in a cocaine distribution organization and mortgage fraud, Efrain Dominguez appeals, contending that the district court erred: 1) by permitting the mortgage fraud-related charges to be joined with the drug-related charges under Rule 8(a)…
This complex litigation involves several oil and gas leases.…
Rowe v. LeMaster Page 23195
Petitioner appeals from a district court order dismissing his federal habeas petition as untimely under the one-year limitations period established by the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C.…
United States v. Roy Lee Hayes Page 23197
227 F.3d 578 (6th Cir. 2000) United States of America, Plaintiff-Appellant,v.Roy Lee Hayes, Defendant-Appellee.…
Robert West v. Midland Enterprises, Inc., the Ohio River Company, and Motor Vessel W.H. Dickhoner Page 23198
Robert West, a deckhand, alleged that he suffered psychological injuries as a result of being ordered to watch a pornographic videotape by the captain of the Motor Vessel W.H.…
Kevin C. Tennant appeals the District Court’s 1 order affirming the Commissioner’s decision to deny his applications for disability insurance benefits and supplemental security income (SSI).…
United States v. Rene Madrid Page 23202
The defendant, Rene Madrid, went to trial on two drug charges: (1) possessing with the intent to distribute and aiding and abetting the distribution of cocaine and methamphetamine on or about August 9, 1996; and (2) conspiracy to possess with the intent to distribute methamphetamine and cocaine between about January…
226 F.3d 1020 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.LAWRENCE EZEKIEL REID, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.WAYNE BLAKE, Defendant-Appellant.…
United States v. James Earl Matthews Page 23204
226 F.3d 1075 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JAMES EARL MATTHEWS, Defendant-Appellant.…
Caudle v. Bristow Optical Co. Page 23205
In this pregnancy discrimination case, we must consider various issues raised under federal employment anti-discrimination law and state contract and tort law.…
227 F.3d 1196 (9th Cir. 2000) CARSON HARBOR VILLAGE, LTD., a limited partnership dba Carson Harbor Village Mobilhome Park, Plaintiff-counter-defendant-Appellant,v.UNOCAL CORPORATION, a Delaware Corp., Defendant-cross-defendant,andCITY OF CARSON, Defendant-cross-defendant-cross-claimant-Appellee.…
224 F.3d 1147 (9th Cir. 2000) SANTIAGO PEDRO-MATEO,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.…
223 F.3d 1057 (9th Cir. 2000) REDMOND-ISSAQUAH RAILROAD PRESERVATION ASSOCIATION, Petitioner,v.THE SURFACE TRANSPORTATION BOARD; UNITED STATES OF AMERICA, Respondents.andTHE LAND AND CONSERVANCY OF SEATTLE AND KING COUNTY; and BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Intervenors.…
Ninilchik Traditional Council Jack Kvasnikoff, Jr. v. United States of America Bruce Babbitt Page 23209
The Federal Subsistence Board, created by the Secretary of the Interior to administer “the subsistence taking and uses of fish and wildlife on public lands,” 50 CFR § 100.10(a) (1999), imposed an antler size restriction on subsistence uses of moose in Game Management Unit (“GMU”) 15 on the Kenai Peninsula.…
This appeal brings to mind the maxim that you can please all of the people some of the time, and some of the people all of the time, but you can’t please all of the people all of the time.…
Opinion for the court filed by Chief Judge MAYER in which Circuit Judge PLAGER joins.…
Rex Systems, Inc. (“RSI”) appeals from a decision of the Armed Services Board of Contract Appeals (“Board”) granting summary judgment for the government and denying RSI’s appeal from a Contracting Officer’s denial of its claim for interest on amounts paid under a termination for convenience settlement.…
223 F.3d 797 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,v.ARTURO BAHENA, ALSO KNOWN AS HUGO, APPELLANT.UNITED STATES OF AMERICA, APPELLEE,v.RODOLFO IBARRA, ALSO KNOWN AS RUDY, APPELLANT.UNITED STATES OF AMERICA, APPELLEE,v.JUAN VILLANUEVA MONROY, APPELLANT,UNITED STATES OF AMERICA, APPELLEE,v.ALFREDO PRIETO…
On this appeal, defendant Lee Peng Fei (Lee) challenges his conviction for seaman’s manslaughter and his sentence for misconduct causing the deaths of six aliens attempting to enter the United States illegally.…
INTRODUCTION Defendant-Appellant Carlos Sanchez, also known as Luis Garcia, appeals from the amended judgment of the United States District Court for the Eastern District of New York (Arthur D.…
United States v. Alphonso Vonn Page 23229
ORDER The opinion filed April 20, 2000, and reported at 211 F.3d 1109, is withdrawn and superseded by the attached opinion.…
Geoscan, Inc. of Texas (“Scan”) appeals the district court’s grant of summary judgment in favor of 'Geotrace Technologies, Inc. (“Trace”) on Scan’s claims of breach of contract and copyright infringement.…
Tucker v. Shreveport Transit Management Inc. Page 23231
This case involves competing claims over proceeds from a pension plan.…
Montoya v. Johnson Page 23232
When he pleaded guilty, for separate criminal acts, to federal charges of carjacking and state charges of aggravated robbery, Jesse Montoya no doubt would have preferred that his federal and state terms of imprisonment run concurrently.…
Among the regulations of the Chicago Park District governing the use of its parks is one requiring that a permit be obtained for an assembly, parade, demonstration, sporting event, or other use of the park by a group of 50 or more persons.…
227 F.3d 203 (4th Cir. 2000) WALTER MICKENS, JR., PETITIONER-APPELLANT,v.JOHN B.…
Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Chief Judge WILKINSON joined.…
Herrera v. Lemaster Page 23236
Petitioner appeals the district court’s denial of habeas relief, see 28 U.S.C.…
United States v. Gary J. Eschman Page 23249
Gary J. Eschman pleaded guilty to several drug-related charges and a gun charge.…
Isiah Kitchen v. United States Page 23250
Isiah Kitchen appeals the district court’s denial of his motion under 28 U.S.C.…
United States v. Osmund Clarke Page 23251
Osmund Clarke and nine others were indicted for conspiring to distribute drugs.…
This appeal from the dismissal of the plaintiffs suit because the statute of limitations had run presents a tangle of important statute-of-limitations issues.…
Donna J. Clifford applied for supplemental security income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C.…
United States v. Jeffrey Haehle Page 23254
Jeffrey Haehle pleaded guilty to charges of bank fraud and money laundering for a practice known as “property flipping,” whereby he would purchase inner city real estate at low prices and then create sham transactions designed to lure lenders to send money his way.…
OPINION OF THE COURT Plaintiff-Appellant, Robert P.…
Jose Vasquez appeals from the judgment of the United States District Court for the Southern District of New York (Loretta A.…
Annie Hester v. Bic Corporation Page 23270
Plaintiff-appellee Annie Hester prevailed in a jury trial on her claims that her employer, BIC Corporation (“BIC”), discriminated against her on the basis of race and retaliated against her in violation of the Civil Rights Act of 1964, 42 U.S.C.…
United States v. Scott Maurer Page 23271
Defendant Scott Maurer, convicted of wire fraud in violation of 18 U.S.C.…
John C. Wims v. United States Page 23272
This appeal presents a question concerning the proper application of the one-year statute of limitations governing federal ha-beas corpus relief pursuant to 28 U.S.C.…
*285 AMENDED OPINION Appeal from an order of the United States District Court for the District of Connecticut (Warren W.…
226 F.3d 88 (2nd Cir. 2000) KEN WIWA, individually and as Administrator of the Estate of his deceased father, KEN SARO-WIWA, OWENS WIWA, and BLESSING KPUINEN, individually and as Administratrix of the Estate of her husband, JOHN KPUINEN, and JANE DOE, Plaintiffs-Appellants-Cross-Appellees,v.ROYAL DUTCH PETROLEUM…
In Re: M.J. Waterman & Associates, Inc., Debtor. Duane H. Barlow v. M.J. Waterman & Associates, Inc. Page 23276
KEITH, J., delivered the opinion of the court, in which COLE, J., joined.…
United States v. John Egge Page 23277
This case requires us to consider whether drug users who purchase drugs from a seller convicted of conspiracy to distribute methamphetamine under 21 U.S.C.…
United States v. Michael Johnson Page 23279
Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the *1170 en banc court pursuant to Circuit Rule 35-3.…
224 F.3d 1157 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JOSE FERNANDO QUINTANA-TORRES, Defendant-Appellant.…
The district court granted summary judgment for the defendant in this suit by the EEOC under the Americans with Disabilities Act, 42 U.S.C.…
Steven Anderson v. Roger D. Cowan, Warden Page 23284
Mr. Anderson was tried before a jury in an Illinois trial court and found guilty of first-degree murder, armed robbery, and aggravated kidnaping.…
Williamson v. J.C. Penney Life Insurance Page 23311
226 F.3d 408 (5th Cir. 2000) Donald N. Williamson, Plaintiff-Appellee,v.J.C.…
OPINION OF THE COURT Appellant Keene Courtney Queensborough, who pled guilty pursuant to a plea agreement to two counts of a seven count indictment, appeals from the judgment of sentence.…
Pcs Nitrogen Fertilizer, L.P., F/k/a Arcadian Fertilizer, L.P. v. The Christy Refractories, L.L.C. Page 23314
The Christy Refractories, L.L.C. (Christy), appeals from an interlocutory order entered in the United States District Court 1 for the District of Nebraska *976 holding that the underlying dispute between Christy and PCS Nitrogen Fertilizer, L.P.…
United States v. Santo Page 23317
225 F.3d 92 (1st Cir. 2000) UNITED STATES, Appellee,v.JOSE SANTO a/k/a FEDERICO, Defendant, Appellant.…
227 F.3d 474 (5th Cir. 2000) MICHAEL WILTING, Plaintiff - Appellant,v.PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY; AMERITECH CORP; FARMERS INSURANCE COMPANY; MID-CENTURY INSURANCE COMPANY OF TEXAS; TEXAS FARMERS INSURANCE COMPANY; FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY, Defendants - Appellees.…
United States v. Edward J. Page 23357
This appeal of a juvenile delinquency proceeding involves a single evidentiary issue concerning Federal Rule of Evidence 803(4), and the more complicated question of whether the district court erred by receiving closing arguments and issuing its verdict in written form.…
This case flows from yet another skirmish in the never-ending war over water in the American West.…
Defendant-Appellant Derek Pedragh appeals from the judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Allen G.…
At the heart of the litigation before us on this appeal is a jazz tune popularized by the well-known swing clarinetist Benny Goodman.…
227 F.3d 8 (2nd Cir. 2000) HYDRO INVESTORS, INC., Plaintiff-Counter-Defendant-Appellant,LAWRENCE TAFT, Plaintiff-Counter-Defendant,v.TRAFALGAR POWER INC., MARINA DEVELOPMENT, INC., and ARTHUR STECKLER, Defendants-Counter-Claimants-Appellees.TRAFALGAR POWER INC., Plaintiff-Appellee-Cross-Appellant,v.NEAL DUNLEVY and…
United States v. Robert Randall Reinhart Page 23368
In view of the concession of the United States, in its brief before the en banc court, that DefendanL-Appellant Robert Randall Reinhart’s action in superimposing a photograph of the face of an identifiable minor on an image of a nude body is not conduct proscribed by 18 U.S.C.…
Roger Boggs v. Terry Collins, Warden Page 23385
*731 OPINION Respondent-Appellant Terry Collins, Warden of the Warren Correctional Institute in Lebanon, Ohio, appeals the district court’s grant of Petitioner-Appellee Roger P.…
William M. Sonny Landham v. Lewis Galoob Toys, Inc. Twentieth Century Fox Film Corporation Page 23386
OPINION William “Sonny” Landham claims that Defendants-Appellees Galoob Toys, Inc. (f/ k/a/ Lewis Galoob Toys, Inc.) (“Galoob”) and Twentieth Century Fox Film Corp. (“Fox”) violated his Kentucky-law “right of publicity” and federal Lanham Act rights by marketing without his permission an action figure of the character…
OPINION This case presents a question of first impression in this court: whether Congress validly abrogated Eleventh Amendment immunity by applying Title II of the Americans with Disabilities Act (ADA) to the States.…
We must decide, among other issues of civil procedure, whether a party who raises only one defense in a motion to vacate default judgment thereby waives all other defenses.…
OPINION OF THE COURT Sandra Werb-Ruiz, the operator of a check cashing and money remitting agency, appeals her conviction for taking part in a conspiracy to launder drug money in violation of 18 U.S.C.…
Speights & Runyan v. Celotex Corp. Page 23396
This case presents an issue of first impression for this circuit.…
United States v. Day Page 23397
On May 20,1998, the Grand Jury for the Western District of Oklahoma indicted defendant Richard Kevin Day (“Day”) and four others, Randa Saffo (“Saffo”), Suhail Saffo,' Nouhad Rached “Nick” El-Hajjaoui (“El-Hajjaoui”), and Mohammed Abdul Majid, in a twenty-nine eount indictment.…
United States v. El-Hajjaoui Page 23398
On May 20, 1998, the Grand Jury for the Western District of Oklahoma indicted defendant Nouhad Rached “Nick” El-Hajjaoui (“El-Hajjaoui”) and four others, Randa Saffo, Suhail Saffo, Richard Kevin Day, and Mohammed Abdul Majid, in a twenty-nine count indictment.…
United States v. Saffo Page 23399
On May 20,1998, the Grand Jury for the Western District of Oklahoma charged defendant Randa Saffo and four others, Su-hail Saffo, Nouhad Rached “Nick” El-Hajjaoui, Richard Kevin Day, and Mo *1263 hammed Abdul Majid, in a twenty-nine count indictment.…
Harlequin Incorporated and Harlequin Limited (collectively “Harlequin”) and ECRM Trust (“ECRM”) appeal from the judgment of patent infringement entered against them in the United States District Court for the Western District of Texas.…
Kathleen A. Braun v. Barbara Powell Page 23415
Kathleen Braun was convicted of murder in 1976.…
Carlos E. Santiago and Carlos M. Santiago seek the return of funds forfeited to *904 the government following family-member Josué Santiago’s conviction on charges of conspiracy to distribute cocaine.…
United States v. Howard McAllister Page 23417
This appeal raises a matter of first impression.…
Peoples v. Haley Page 23418
We vacate and withdraw the previous opinion in this case, dated September 7, 2000, and substitute the following opinion.…
United States v. Gaylon Richard Cox Page 23442
Gaylon Richard Cox sent his sixteen-year old girlfriend into an Arkansas bank *1019 with a toy pistol tucked in her waistband and a note, which read: This is a police scanner attached to my ear.…
Gregory Kassuelke attempts to appeal the district court’s 2 grant of the United States’ motion for an order substituting it as a defendant in this case.…
This appeal presents a false advertising claim under section 43(a) of the Lanham Act, resulting in a jury verdict for the plaintiff, Pizza Hut.…
United States v. Marlon Dewayne Dixon Page 23471
Vacated and remanded with instructions by published opinion.…
Mallinson-Montague v. Pocrnick Page 23472
I. INTRODUCTION Professional Bank (“ProBank”) appeals from a jury verdict and resulting judgment finding it liable for damages under Title VII for the sexual harassment of Rhonda Mallinson-Montague and Jessica Rotola (the “Plaintiffs”) by James Pocrnick, the Plaintiffs’ supervisor during their employ at ProBank.…
Adams v. Reliance Standard Life Insurance Page 23473
225 F.3d 1179 (10th Cir. 2000) MARK ADAMS, Plaintiff-Appellee,v.RELIANCE STANDARD LIFE INSURANCE COMPANY, a Philadelphia corporation, Defendant-Appellant.…
227 F.3d 950 (7th Cir. 2000) Rixson Merle Perry, Plaintiff-Appellant,v.Globe Auto Recycling, Inc., William J.…
Plaintiffs Walter E. Ryan and Bernard McKay, acting in their capacity as taxpayers and citizens of the State of Illinois, brought this suit against Brown Leasing Company, Terry N.…
Alma Angel-Ramos entered the United States without inspection in 1989.…
United States v. Zoila Melgar Page 23477
Zoila Melgar pleaded guilty to one count of conspiracy to commit bank fraud and interstate transportation of counterfeit securities, conditioned on her right to challenge and now to appeal from the district court’s denial of her motion to suppress evidence found inside a purse.…
In a suit against their employer for racial discrimination, plaintiffs, two black employees of a bank, amended their complaint once, but their request to file a second amended complaint was denied by the magistrate judge to whom the case had been assigned.…
227 F.3d 1029 (7th Cir. 2000) Vera L. Floyd, Floyd Griffin, Jr., Curlee Williams, individually and on behalf of all others similarly situated, et al., Plaintiffs-Appellants,v.Tommy Thompson, individually and in his official capacity as Governor of the State of Wisconsin, et al., Defendants-Appellees.…
In Re Vic Supply Company, Inc., Debtor. Falconbridge U.S., Inc. v. Bank One Illinois, N.A. Page 23487
This case involves a dispute between two creditors of the bankrupt Vic Supply Company.…
Leary v. Daeschner Page 23488
OPINION Plaintiffs-appellants and cross-appellees Mary Elizabeth Leary and Glenda H.…
Jesus Ramon Cardenas-Uriarte (“Cardenas”) petitions for review of the Board of Immigration Appeals’ (“BIA’s”) determination that he is deportable under section 212(a)(2)(B) of the Immigration and Nationality Act (“INA”), 8 U.S.C.…
229 F.3d 853 (9th Cir. 2000) JOHN DEERE INSURANCE COMPANY, an Illinois corporation, Plaintiff-cross-defendant-Appellee,v.GUILLERMO NUEVA, Defendant-Appellant,LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Defendant-cross-claimant-Appellant,andJOO SANG LEE, DEDRIC MANGUM, RASHPAL SINGH, GURMUKH SINGH GARCHA…
United States v. Conrado Garcia-Guizar Page 23491
227 F.3d 1125 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.CONRADO GARCIA-GUIZAR, Defendant-Appellant.…
J.R. Saunders brought suit against Gary and Linda Stallard after he sustained serious injury while a guest at one of their rental properties.…
United States v. Kennedy Page 23501
Petitioner William R. Kennedy, Jr. appeals from the district court’s denial of an evidentiary hearing' and other relief regarding Mr. Kennedy’s petition to vacate, set aside, or correct his sentence under 28 U.S.C.…
Pabst v. Oklahoma Gas & Electric Co. Page 23502
We again explore the question of when “on-call” time becomes sufficiently onerous to render it compensable under the Fair Labor Standards Act (“FLSA”).…
This is a tax refund case, on appeal from the United States Court of Federal Claims.…
The Secretary of Veterans Affairs (“VA”) appeals two decisions of the United States Court of Appeals for Veterans *1378 Claims relating to entitlement of the claimants, both surviving spouses of veterans who died of service-connected causes, to qualify for enhanced dependency and indemnity compensation (“DIC”).…
[CORRECTED OPINION] Petitioner Frederick A.…
228 F.3d 423 (2nd Cir. 2000) LNC INVESTMENTS, INC., Plaintiff-Appellant, v.BANCO CENTRAL DE NICARAGUA, Interested-Third-Party Appellee,THE REPUBLIC OF NICARAGUA, Defendant.…
228 F.3d 1036 (9th Cir. 2000) WILLIAM and CATHERINE HOOKS, individually and as parents and natural guardians of CHRISTOPHER HOOKS, a minor, Plaintiffs-Appellants,v.CLARK COUNTY SCHOOL DISTRICT and BRIAN CRAM, in his official capacity as Superintendent of the Clark County School District, Defendants-Appellees.…
Occasionally, the Social Security Administration (the Administration) sends a benefit check to the wrong person.…
Vacated and remanded with instructions by published opinion.…
Petition for review denied by published opinion.…
Robert J. Matz and other employees of Hamilton Investments, Inc. lost their jobs and the non-vested portions of their retirement benefit plan in 1994 when the company was sold.…
This appeal presents another variation on the question whether time spent pursuing state collateral remedies is excluded from the year provided by 28 U.S.C.…
The two Jane Does before us in this case claim that they suffered from a variety of forms of sexual harassment, abuse, and fraud when they attended Howe Military School, in Howe, Indiana, in the early 1990s.…
United States v. Powell Page 23604
This is a timely direct appeal from the defendant/appellant’s conviction for kidnapping for sexual gratification, contact, exploitation, and assault in violation of 18 U.S.C.…
Wells v. Shalala Page 23605
Around 1979, Plaintiff Cecil Phillip Wells began working as a government auditor based in the Denver field office of the Department of Health and Human Services (HHS), Office of Inspector General (OIG), Office of Audit Services (OAS).…
United States v. Scottie Ray Hurst Page 23606
OPINION This is an appeal from a conviction and sentence rendered in the United States District Court for the Eastern District of Tennessee.…
OPINION In this consolidated appeal, Defendants Marlando Hardy, Henry Green, Anthony Rouse and Shuron Moore challenge then-respective judgments of conviction and/or sentences in this drug conspiracy case.…
Sierra Club v. Peterson Page 23609
228 F.3d 559 (5th Cir. 2000) SIERRA CLUB; WILDERNESS SOCIETY; TEXAS COMMITTEE ON NATURAL RESOURCES, Plaintiffs - Appellees,v.R.…
Petitioner Universal Maritime Service Corporation (the “Employer”) seeks review of a final order of the Benefits Review Board (the “Board”) established under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C.…
Jerry King appeals the district court’s denial of his 28 U.S.C.…
Following a jury trial, Catherine A. Joli-vet was convicted of four counts of mail fraud, in violation of 18 U.S.C.…
United States v. Julius Paul Sager Page 23616
Julius Sager appeals his conviction and sentence imposed for theft of mail and possession of stolen mail in violation of 18 U.S.C.…
United States v. Tommy Martin, Jr. Page 23617
The pivotal question in this case is whether there is any time limit within which a party to a 28 U.S.C.…
Mena v. City of Simi Valley Page 23618
City of Simi Valley Police Chief Randy' G.…
Cultor Corporation and Cultor Food Science, Inc. (together, “Cultor”) appeal the decisions of the United States District Court for the Southern District of New York 1 granting summary judgment that the A.E.…
Life Technologies, Inc. (“LTI”) appeals the judgment of the United States District Court for the District of Maryland, entered after a bench trial, in which the court held that LTI’s U.S. Patents Nos. 5,244,797 (“the ’797 patent”) and 5,668,005 (“the ’005 patent”) were unenforceable on the ground of inequitable…
Edward RESNICK, an individual, Plaintiff-Appellee, v. UCCELLO IMMOBILIEN GMBH, INCORPORATED, a foreign corporation doing business in Florida, G&K Investments Management, Inc., a Florida corporation, Defendants-Appellants.…
Rezi P. Forshey, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 23635
226 F.3d 1299 (Fed. Cir. 2000) REZI P. FORSHEY, CLAIMANT-APPELLANT,v.HERSHEL W.…
Brown v. City And County Of Page 23642
This civil rights lawsuit stems from the shooting of an unarmed motorist by an off-duty police officer.…
Sidell v. Commissioner Page 23643
The Commissioner of the Internal Revenue Service (IRS) issued a deficiency notice to Mr. and Mrs. Chester F.…
The petitioner in this case, Artur Manuel Sousa, is a 31-year-old native and citizen of Portugal.…
Evicci v. Commissioner of Corrections Page 23645
Evicci was convicted after jury trial in a Massachusetts state court of rape, kidnapping and assault and battery.…
United States v. Martinez Page 23646
After entering a guilty verdict on multiple RICO counts pursuant to defendant’s plea agreement, the district court entered a preliminary order forfeiting a number of the defendant’s assets.…
This appeal raises the question whether the conversion of a bankruptcy case from Chapter 11 to Chapter 7 triggers a new period for filing objections to property claimed as exempt during the Chapter 11 proceeding.…
In Re: Executive Office of the President Page 23697
ORDER Upon consideration of the letter received on April 19, 2000, by the Clerk of the Court from Judicial Watch, Inc., construed as a motion for recusal, it is ORDERED that the motion be denied.…
Morritz J. Weiss v. Brad Cooley Page 23705
Morritz Weiss was the principal suspect in a highly charged and well publicized ease involving the rape of a 15-year-old African-American girl near Indianapolis.…
We are presented in this case with a purely jurisdictional question regarding member corporations and diversity jurisdiction.…
United States v. Timothy Gordon Faasse Page 23708
OPINION This case requires us to decide whether the Commerce Clause empowers Congress to criminalize the failure to obey a state court order when the State itself has declined to do so.…
227 F.3d 646 (6th Cir. 2000) Electrical Workers Local 58 Pension Trust Fund; Electrical Workers Joint Board of Trustees Vacation Fund; Electrical Workers' Insurance Fund; Supplemental Unemployment Benefit Fund of the Electrical Industry, Detroit; Electrical Workers Local 58 Annuity Fund, IBEW; Joint Apprenticeship…
This appeal requires us to decide when the statute of limitations began to run on a Title VII discrimination action brought by a college professor who was denied tenure.…
Cheryl Lowe applied for disability insurance benefits and supplemental security income based primarily on back, hand, and arm injuries.…
Angelina Merrill, on behalf of her son, Austin Merrill (“Austin”), appeals the district court’s affirmance of the decision of the Commissioner of Social Security (“the Commissioner”) to deny Austin’s application for supplemental security income (“SSI”) disability benefits under Title XVI of the Social Security Act, 42…
227 F.3d 1150 (9th Cir. 2000) RANDALL E. PACE, JR.; HENRY TACUB; WADE HANSON; ROSALINO BALLESTEROS, on behalf of themselves and former and current employees of Honolulu Disposal Service, Inc. and/or Alii Refuse Corporation, Plaintiffs-Appellants,v.HONOLULU DISPOSAL SERVICE, INC.; ALII REFUSE CORPORATION; CLYDE…
Defendant Juan Mario Arrieta appeals his conviction for reentering the United States after being deported, in violation of 8 U.S.C.…
229 F.3d 1091 (Fed. Cir. 2000) MOORE U.S.A., INC.,Plaintiff-Appellant,v.STANDARD REGISTER COMPANY,Defendant-Cross Appellant.…
Patrick Haltiwanger v. Max Mobley Page 23717
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 00-1466 ___________ Patrick Haltiwanger, * * Appellant, * * v. * Appeal from the United States * District Court for the Max Mobley, Deputy Director, * Eastern District of Arkansas Arkansas Department of Correction; * S.…
Stephen Halladay Croll v. Mei Yee Croll Page 23719
Judge SOTOMAYOR dissents in a separate opinion.…
228 F.3d 94 (2nd Cir. 2000) COMMODITY FUTURES TRADING COMMISSION, Plaintiff Appellee Cross Appellant,v.ANTHONY VARTULI, Defendant-Appellant-Cross-Appellee,AVCO FINANCIAL CORP., J.…
United States v. Sean McSherry Page 23721
Sean McSherry appeals from a judgment of conviction entered following a jury trial in the United States District Court for the Eastern District of New York (Gershon,
United States v. David G. Bockius Page 23722
OPINION OF THE COURT In this appeal of a criminal sentence, we again address the heartland of cases covered by U.S.S.G.…
OPINION OF THE COURT Deborah S. Goosby, a Black female, brought this Title VII action against her former employer, Johnson & Johnson Medical Inc. (“JJMI”), alleging that certain adverse employment decisions were the result of illegal racial and gender bias.…
Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.…
Hale v. United States Department of Justice Page 23726
Plaintiff-Appellant Alvie James Hale, Jr. (“Hale”) appeals from a district court order granting summary judgment in favor of the United States on Hale’s claims that the United States improperly withheld certain documents pursuant to 5 U.S.C.…
Hale v. Gibson Page 23727
Petitioner Alvie James Hale was tried and convicted by jury in the District Court of Pottawatomie County, Oklahoma on one count of Murder in the First Degree and one count of Kidnapping for Extortion.…
Kinetic Builder's, Inc.,appellant v. F. Whitten Peters, Secretary of the Air Force,appellee Page 23728
Kinetic Builder’s Inc. (“Kinetic”) appeals from the consolidated reconsideration decision of the Armed Services Board of Contract Appeals (“Board” or “ASBCA”).…
Hewlett-Packard Company (“HP”) opposes the application by Packard Press, Inc. (“Packard”) to register the service mark PACKARD TECHNOLOGIES for data processing services.…
Jill K. Massie, as mother and next friend of Autumn Massie, appeals the judgment of the United States Court of Federal Claims, 45 Fed. Cl.…
The dispute in this case arose when the government terminated its contract with AEC Corporation for default.…
The question presented is whether the District Court erred in imposing a $5000 fine on an indigent defendant who will also serve 120 months’ imprisonment and who will be subject to deportation when he is released from prison.…
Appellant Marion Seltzer appeals from the June 4, 1999, Order of the United States District Court for the Eastern District of New York, which directed her to pay a $350 fine for her alleged failure to return to court on time.…
Price, Gordon E. v. United States Page 23739
Opinion for the court filed PER CURIAM. Gordon Price, appearing pro se, filed a complaint in the district court alleging the United States Department of Veteran Affairs (VA) wrongfully failed to reimburse him for certain medical expenses he incurred in October 1994 while hospitalized for an emergency colon cancer…
OPINION Defendants Manuel Hernandez and Oscar Solis appeal their convictions and sentences for conspiring to possess with intent to distribute marijuana.…
OPINION Milton W. Keeney, debtor in this bankruptcy action, appeals from the order of the bankruptcy court denying his petition for discharge in bankruptcy.…
Willie Lee Tinsley v. General Motors Corporation Metropolitan Life, Beulah Calloway, Third-Party Page 23742
OPINION This is an interpleader action in which Willie Lee Tinsley appeals the decision of the U.S. District Court for the Eastern District of Michigan granting summary judgment to third-party defendant-appel-lee Beulah Calloway and awarding the benefits of Edward B.…
Montana Chamber of Commerce v. Argenbright Page 23743
dissenting: We occasionally hear a case falling so squarely between two conflicting Supreme Court opinions that no matter which way we veer, we are likely to run aground.…
226 F.3d 1063 (9th Cir. 2000) MARIO ECHAZABAL, Plaintiff-Appellant,v.CHEVRON USA, INC.; IRWIN INDUSTRIES, INC., Defendant-Appellee.…
Andaranik Bandari, a native of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his claim for asylum and withholding of deportation.…
Randell v. Johnson Page 23747
227 F.3d 300 (5th Cir. 2000) TOMMY RANDELL, Plaintiff-Appellant,v.GARY L.…
OPINION OF THE COURT The Bureau of Alcohol, Tobacco and Firearms (“ATF”) appeals the district court’s order restoring firearms privileges to Jerome E.…
United States v. Derrick Dontea Walker Page 23751
The issue presented in this appeal is whether the mandatory life sentence provided in 21 U.S.C.…
Rex T. Morrison v. Allstate Indemnity Co. Page 23752
This putative diversity class action suit arises out of a dispute over insurance coverage for the diminished value of a vehicle after it sustains physical damage and is repaired.…
Lady v. Neal Glaser Marine, Inc. Page 23753
Plaintiff-appellant Steven G. Lady (Lady) filed this suit in Mississippi state court against defendant-appellee Outboard Marine Corporation (OMC), seeking recovery for losses he sustained in a boating accident.…
United States v. Michael J. Tomasino Page 23774
230 F.3d 1034 (7th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,v.MICHAEL J.…
OPINION Defendant William McKinley appeals the district court’s order sentencing him to 170 months of imprisonment, imposed following remand from this court’s judgment in United States v. Walker, 160 F.3d 1078 (6th Cir.1998), cert.…
United States v. Paul Corrado Jack W. Tocco Vito W. Giacalone Nove Tocco Anthony J. Corrado Page 23776
The five named defendants in this case were convicted of conspiracy under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C.…
Petitioner Manraj Singh Sidhu is a .citizen of India seeking asylum in the United States.…
White v. Lee Page 23778
This case involves the Fair Housing Act, 42 U.S.C.…
226 F.3d 1087 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.FRANCISCO JIMENEZ RECIO, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.ADRIAN LOPEZ-MEZA, Defendant-Appellant.…
United States v. Lucky Irorere Page 23789
Defendant Lucky Irorere appeals his conviction of conspiring to import heroin in violation of 21 U.S.C.…
227 F.3d 474 (2nd Cir. 2000) In Re: MICROVIDEO LEARNING SYSTEMS, INC., Debtor.CALET, HIRSCH & FERRELL, Appellant,v.MICROVIDEO LEARNING SYSTEMS, INC., Appellee.…
Kirschner v. Klemons Page 23793
Plaintiff-Appellant Howard J. Kir-schner, D.D.S., brought suit against Defendants-Appellees Ira Klemons, D.D.S., Jay Goldman, D.D.S., Louis Catone, Director of the Office of Professional Discipline, Richard P.…
Thomas E. Rigsbee v. United States Page 23795
Thomas E. Rigsbee seeks review of a final decision of the Court of Federal Claims (“CFC”) dismissing Rigsbee’s suit for failure to state a claim upon which relief can be granted.…
Williams v. International Paper Co. Page 23810
CLAY, J., delivered the opinion of the court, in which KEITH, J., joined.…
OPINION OF THE COURT We AFFIRM the decision of the district court affirming the bankruptcy court’s dismissal of Ronald M.…
Guillermo Perez has appealed the district court’s judgment dismissing his habe-as petition for failure to state a claim.…
Milligan v. City of Slidell Page 23836
226 F.3d 652 (5th Cir. 2000) DIANE MILLIGAN, Individually and on Behalf of her Minor Son, Eric Milligan; WAYNE WALKER, Individually and on Behalf of his Minor Son, Logan Walker; JOHN LAURENSON, Individually and on Behalf of his Minor Son, Nathan Laurenson; RICARDO S.…
Stringer v. Cendant Mortgage Corp. Page 23837
On December 22, 1999, we certified the controlling question in this case to the Texas Supreme Court.…
United States v. Kenneth Burton Page 23839
Vacated and remanded by published opinion.…
Dr. Stephanie Bekker worked as a physician for Humana Health Plan, Inc. (“Hu-mana”) until Humana discharged her because it had received numerous reports that Dr. Bekker had smelled of alcohol and had exhibited other signs of alcohol use when seeing her patients.…
This appeal trails in the wake of a permanent injunction entered by the United States District Court for the District of Massachusetts that restrained the named defendants — Eddy L.O.…
Defendant Edward M. Haskin challenges the District Court’s (J.…
Cobbins v. Henderson Page 23862
We affirm for substantially the reasons stated by the bankruptcy court.…
Wagner v. Bay City Texas Page 23863
This is an appeal of a partial denial of a motion for summary judgment.…
H&D Tire and Automotive-Hardware, Inc., Beard Plumbing Co., and Jones & Jones, Inc. appeal the district court’s grant of summary judgment to Pitney Bowes Inc. and Pitney Bowes Credit Corp. (collectively, Pitney Bowes).…
Spence v. Glock, Ges.m.b.H. Page 23865
227 F.3d 308 (5th Cir. 2000) STAN SPENCE, Individually and on behalf of others similarly situated; WILLIAM HATFIELD, Individually and on behalf of others similarly situated; JOHN JOHNSON, Lieutenant, Individually and on behalf of others similarly situated, Plaintiffs-Appellees,JOHN P.…
BOGGS, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined.…
228 F.3d 934 (8th Cir. 2000) KENNETH KENLEY, APPELLEE,v.MICHAEL BOWERSOX, APPELLANT.KENNETH KENLEY, APPELLANT,v.MICHAEL BOWERSOX, APPELLEE.…
226 F.3d 974 (8th Cir. 2000) HAROLD LOWELL CURRY; PATRICIA LYNN SPITZACK-HAVLISH, INDIVIDUALLY, AND AS CO-TRUSTEES FOR THE HEIRS OF EDWIN HUGH CURRY, PLAINTIFFS - APPELLANTS,v.DAVID CRIST, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS WARDEN OF THE STILLWATER CORRECTIONAL FACILITY, DEFENDANT - APPELLEE.…
Bobby D. Lacy v. Sitel Corporation Page 23871
In this action for race discrimination under title VII, the district court entered default judgment for plaintiff Bobby Lacy in the amount of $30,000 — the amount prayed for in his petition.…
Before us is an appeal from a decision by an Administrative Law Judge (“ALJ”), pursuant to a claim under the Longshore and Harbor Workers’ Compensation Act, affirmed by the Benefits Review Board (“BRB”).…
Gerald Banks and Kelly Banks v. Unisys Corporation and Burroughs Corporation,defendants-Appellees Page 23907
Gerald Banks appeals the judgment of the United States District Court for the Eastern District of Michigan, holding on summary judgment that there was an implied-in-fact contract to assign inventive rights from Banks to Unisys Corporation and Burroughs Corporation (together, “Unisys”).…
DECISION Associated Electric Cooperative, Inc. (Associated) appeals the judgment of the United States Court of Federal Claims in favor of the United States (the government) dismissing Associated’s claim for a refund of Federal Insurance Contributions Act (FICA) taxes.…
Abrahamsen v. United States Page 23910
Reidar Abrahamsen and 2,630 other former International Business Machines Corporation (IBM) employees received lump-sum payments at the end of their employment.…
United States v. William Pena Page 23917
Defendant-appellant William Pena appeals from a judgment of conviction in the Western District of New York (Arcara, J.) for one count of possession with intent to distribute a substance containing cocaine base and one count of conspiracy to possess and distribute cocaine and a substance containing cocaine base.…
United States v. Martin Page 23918
On September 16, 1998, a grand jury-returned a indictment charging Dr. Stephen R.…
United States v. Sweeney Page 23920
Following a bench trial, the district court found defendant-appellant John Sweeney, Jr., guilty on one count of criminal contempt of a court order.…
Vacated and remanded by published opinion.…
Helms v. Picard Page 23971
229 F.3d 467 (5th Cir. 2000) MARY L. HELMS, individually and as next friend of Amy T.…
Opinion for the Court filed by Circuit Judge TATEL.…
Joan C. Howard (“Howard”) appeals from the district court’s decisions granting dismissal, summary judgment, and judgment as a matter of law (“JMOL”) in favor of defendants Stephen L.W.…
Lampi Corporation owns U.S. Patent No. 5,169,227 (the ’227 patent), which is drawn to a miniature, self-supporting fluorescent light that can be plugged into a standard electrical outlet.…
United States v. Melendez-Sanchez Page 24021
This appeal poses a single question: Do the safeguards demanded by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct.…
Hyde Park Co. v. Santa Fe City Council Page 24022
The narrow issue we must decide in this case is whether Plaintiff Hyde Park Company was entitled as a matter of federal constitutional law to approval of a proposed subdivision plat for land within the City of Santa Fe, New Mexico, where Hyde Park’s proposed plat to Defendant Santa Fe City Council met all enumerated…
United States v. Lyles Page 24023
Defendant pled guilty to numerous counts of bank fraud.…
United States v. Charles Mack Page 24484
229 F.3d 226 (3rd Cir. 2000) UNITED STATES OF AMERICA,v.CHARLES MACK, Appellant.…
United States v. Thomas Lee Goldman Page 24491
While on parole for an earlier state theft conviction, Thomas Lee Goldman was charged with and pleaded guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C.…
Láveme Belk, formerly an employee of the city of Eldon, Missouri, filed suit against the city and Scott Harrison, Steve Wood, Brad Veach, and Ron Bly, four members of its Board of Aldermén, in their individual capacities (collectively, the defendants), claiming that her discharge was in retaliation for the exercise of…
Cramer v. Consolidated Freightways, Inc. Page 24494
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it *1101is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
United States v. Scott David Upshaw Page 24495
Scott David Upshaw pleaded guilty to one count of assault resulting in serious bodily injury in violation of 18 U.S.C.…
228 F.3d 1092 (9th Cir. 2000) FERRIN COLE; CHRIS NIEMEYER; and JASON NIEMEYER through his Guardian ad Litem Janet Niemeyer, Plaintiffs-Appellants,andJOHN NIEMEYER through his Guardian ad Litem Janet Niemeyer; JANET NIEMEYER, individually and as a Taxpayer; JUSTIN HAGAN through his Guardian ad Litem Connie Hagan…
Appellant Paul D. Shewfelt appeals the district court’s grant of summary judgment for Respondent Margaret M.…
United States v. $109,179 in United States Currency, Leonard C. Maggio, Claimant-Appellant Page 24498
Leonard Maggio appeals the district court’s judgment of forfeiture against defendant of $109,179 in U.S. currency.…
Jon Behr v. Kenneth Ramsey Page 24499
Petitioner Jon Behr has been in the custody of the Sheriff of Kane County, Illinois, since July 1998, because he has not made child support payments for his daughter Nicole.…
Earlier this year we held that defendants Randall Rissman and Robert Glick did not defraud Arnold Rissman when Arnold sold his stock in Tiger Electronics.…
This appeal comes to us from a jury’s verdict in favor of plaintiff Lisetta Molnar on her sexual harassment claims against the East Chicago Community School Corporation (East Chicago) and Lloyd Booth, the principal of the junior high school where she taught.…
Vance Bridgeman v. United States Page 24502
After promising in a plea agreement not to contest his “sentence” either by direct appeal or in a collateral proceeding, Vance Bridgeman pleaded guilty to armed bank robbery and was sentenced to 103 months in prison.…
229 F.3d 177 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.XAVIER CARRILLO, JULIO BENIQUEZ, ANGEL OCASIO, aka Titi, ARNOLD RODRIGUEZ, aka Chino, TEO JOHNSON, JOSE SERRANO, aka Shorty, LAWRENCE MATHIES, aka Poochie, CLARENCE JACKSON, aka Boo Boo, JAMES WIGGINS, aka Jimmy Long, aka Jim Bob, JULIO CARRILLO…
Angeline P. Carpenter, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 24643
Angeline P. Carpenter appeals the decision of the Court of Appeals for Veterans Claims (“CAVC”) denying her application for attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C.…
229 F.3d 491 (6th Cir. 2000) Dottie Renee McAlpin, Plaintiff-Appellant,v.Lexington 76 Auto Truck Stop, Inc., a Kentucky corporation; Marie Mills, as Administratrix of the Estate of Vance Mills; Beckham Garland; Appalachian Oil Corporation, a Kentucky corporation; G&M Oil Company, Inc., a Kentucky corporation…
United States v. Robert Owen Bailey Page 24741
In this appeal, Defendant Robert Owen Bailey appeals his conviction under 18 U.S.C.…
United States v. Juvenile Page 24743
WJB, a juvenile Native American, appeals the order of the district court transferring him to adult status under the mandatory transfer provision of 18 U.S.C.…
After a domestic argument, Akanni Ken-dalla, a detention enforcement officer with *947 the Immigration and Naturalization Service (INS), shot and seriously injured Miriam Vickers, another INS employee and his former wife, with his Service-issued revolver.…
United States v. Juvenile (Rra-A) Page 24745
Opinion by Judge D.W. NELSON; Dissent by Judge TROTT.…
229 F.3d 1210 (9th Cir. 2000) ROBERTA BUGENIG, Plaintiff-Appellant,v.HOOPA VALLEY TRIBE; THE HOOPA VALLEY TRIBAL COUNCIL; THE TRIBAL COURT OF THE HOOPA VALLEY TRIBAL RESERVATION; BYRON NELSON, JR., Honorable Judge of the Hoopa Valley Tribal Court; MERV GEORGE, Chairman of the Hoopa Valley Tribal Council…
In this appeal, we must determine what forms of treatment a woman recovering from breast cancer would have understood her health insurance plan to cover if her cancer reappeared — specifically, whether it would cover high dose chemotherapy with peripheral stem cell rescue (“HDC/PSCR”).…
United States v. Ray Lawrence Mondragon Page 24749
Raymond Lawrence Mondragon appeals the sentence imposed following his guilty plea pursuant to a plea agreement.…
228 F.3d 972 (9th Cir. 2000) SNAKE RIVER VALLEY ELECTRIC ASSOCIATION, Plaintiff-Appellant,v.PACIFICORP, (including Utah Power and Light Company, a Division), Defendant-Appellee,andSTATE OF IDAHO, Defendant-intervenor Appellee.…
This appeal probes the legal question whether a collective bargaining agreement covers certain employees, and the fact question whether the trustees of an ERISA employee benefits plan had a legitimate purpose to audit certain payroll records of the Appellant employer’s operations, as the trustees claim, or were being…
United States v. Aurelio Garcia-Martinez Page 24752
Aurelio Garcia-Martinez appeals his conviction, upon a conditional guilty plea, on one count of being a deported alien found in the United States in violation of 8 U.S.C.…
United States v. Simpson Page 24755
Darrell Simpson appeals his 352-month sentence resulting from his conviction on charges of conspiracy to possess with intent to distribute cocaine base, two counts of distribution of cocaine base, and two counts of carrying a firearm during a drug-trafficking crime.…
Ivan Boz v. United States Page 24756
Ivan Boz, an alien, filed a habeas corpus petition in which he claimed that his continued and indefinite detention after a final removal order violated his due process rights.…
United States v. Denver H. Linville Page 24757
Denver H. Linville, who stands convicted of one count of conspiracy to commit bank fraud, in violation.…
Robert Mullins v. Craven Crowell Page 24758
This is a disability discrimination suit brought under the Rehabilitation Act, 29 *1309 U.S.C.…
United States v. Aaron Larmar Rogers Page 24759
Aaron Lamar Rogers appeals his sentence of 360 months’ imprisonment and 5 years’ supervised release for a drug conviction under 21 U.S.C.…
Plaintiff Paul Shields appeals from a judgment entered against him dismissing his wrongful termination suit against Defendant BellSouth Advertising and Publishing Corp. (“BAPCO”) under the doctrine of collateral estoppel.…
United States v. Alan Finkelstein Page 24761
Defendant Alan Finkelstein appeals from a judgment entered in the United States District Court for the Southern District of New York following his plea of guilty before Deborah A.…
United States v. Kristen Gilbert Page 24763
These interlocutory appeals challenge in limine orders excluding three blocs of evidence the government wishes to present during the upcoming capital murder trial of defendant Kristen Gilbert.…
“Más blanco no se puede” (Whiter is not possible) was the advertising tag line used by the defendant, the Proctor and Gamble Commercial Company, to sell its detergent, Ace con Blanqueador (Ace with whitener), in Puerto Rico.…
United States v. Saxena Page 24765
Defendant-appellant Sanjay Saxena serves up a salmagundi of alleged errors.…
Muñiz Cortes v. Intermedics, Inc. Page 24766
Plaintiff-appellants Pedro Muniz Cortes and the estate of Clotilde Diaz Sustache appeal from the district court’s order of summary judgment dismissing claims against defendant-appellees.…
Archer-Daniels-Midland Company (“ADM”) appeals the judgment of the United States District Court for the District of Delaware, 1 holding that ADM’s use *1341 of certain strains of genetically modified bacteria to produce the amino acid threo-nine infringed Ajinomoto’s United States Patent No. 4,278,765 (“the ’765…
Margaret Godwin v. Department of Defense Page 24768
Margaret Godwin appeals from a decision of the Merit Systems Protection Board denying her petition to have her original appeal reinstated on the ground that the agency materially breached the terms Of a voluntary settlement agreement.…
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, 1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
concurring in the judgment: Except with respect to the comments below, writing separately in this case would not serve a useful purpose.…
228 F.3d 423 (3rd Cir. 2000) PENNSYLVANIA PROTECTION & ADVOCACY, INC.V.FEATHER HOUSTOUN, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA; CHARLES CURIE, IN HIS OFFICIAL CAPACITY AS DEPUTY SECRETARY OF THE OFFICE OF MENTAL HEALTH OF THE DEPARTMENT OF…
228 F.3d 489 (4th Cir. 2000) FREDERICK E.…
228 F.3d 640 (6th Cir. 2000) United States of America, Plaintiff-Appellee,v.Donald Richard McCleskey, Jr.,Defendant-Appellant.…
Robert Barnett v. U.S. Air, Inc. Page 24797
Opinion by Judge FLETCHER; RONALD M. GOULD, Circuit Judge, with whom Circuit Judge THOMAS joins, Concurring; O’SCANNLAIN, Circuit Judge, with whom Circuit Judges TROTT and KLEINFELD join, Dissenting; TROTT, Circuit Judge, with whom Circuit Judges O’SCANNLAIN and KLEINFELD join, Dissenting.…
State of Idaho v. Lon T. Horiuchi Page 24798
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, 1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
Alexander v. Compton (In re Bonham) Page 24799
We must decide whether a bankruptcy court may order substantive consolidation of two non-debtor corporations, World Plus, Inc. and Atlantic Pacific Funding Corporation, with the bankruptcy estate of Chapter 7 debtor Raejean Bonham nunc pro tunc as of the filing date of the involuntary Chapter 7 petition.…
Wallace Archdale, a Native American, appeals his conviction and sentence for two counts involving sexual activity with a minor on the Fort Peck Indian Reservation.…
In Re Curtis Bruce WILLIS, Petitioner Page 24817
Zachary Perry, a Missouri resident, filed this personal injury action in Missouri state court on October 7, 1999, against Virginia resident Curtis Bruce Willis.…
In 1987, The Baker Group, L.C., and the MTY Profit Sharing Plan and Trust (collectively “the Baker Group”) leased over 600 covered grain railcars to the Burlington Northern and Santa Fe Railway Company (“BNSF”) for a lease term ending October 31, 1997.…
228 F.3d 865 (8th Cir. 2000) IN THE MATTER OF ARBITRATION BETWEEN, SECURITY LIFE INSURANCE COMPANY OF AMERICA; CONGRESS LIFE INSURANCE COMPANY; APPELLEES,ANDDUNCANSON & HOLT, INC.; THE MULTIPLE EMPLOYERS TRUST QUOTA SHARE LINE SLIP;TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, APPELLANT.…
Roosevelt McKinney appeals from the district court’s 1 judgment affirming the denial of his application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C.…
John Richmond v. Karrol Fowlkes Page 24822
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-4162 ___________ John Richmond, * * Appellant, * * v. * * Karrol Fowlkes, Individually and as * Associate Dean of the College of * Appeal from the United States Pharmacy of the University of Arkansas * District Court for the for Medical Sciences…
After Bon Levi pled guilty to mail fraud, wire fraud, and conspiracy to commit mail and wire fraud, he was sentenced to thirty-seven months.…
United States v. Maccado, Nigel Page 24824
Opinion for the Court filed by Circuit Judge ROGERS.…
United States v. Richard A. Dallas Page 24855
This appeal concerns the amount of narcotics to be counted in sentencing for a conspiracy offense where a portion of the quantity the defendant planned to sell was not narcotics.…
American Valmar International Ltd., Inc. & Valeri Markovski v. Commissioner of Internal Revenue Page 24856
American Valmar International Ltd., Inc. (“Valmar”) and Valeri Markovski (“Markovski”) appeal from a decision of Tax Court Judge Halpern finding deficiencies and imposing accuracy-related and delinquency penalties for the taxable years 1991, 1992, and 1993.…
228 F.3d 674 (6th Cir. 2000) Jerry McMeans, Petitioner-Appellant,v.Anthony J.…
This case, which has a procedural history spanning twenty years, involves a civil rights action brought by Michigan prisoners alleging unconstitutional conditions of confinement.…
Plaintiff-appellant Kalamazoo River Study Group (“KRSG”) is an unincorporated association of paper manufacturers seeking to recover costs incurred in the investigation and remediation of contamination by polychlorinated biphenyls (PCBs) in the Kalamazoo River.…
Thomas v. Oregon Fruit Products Co. Page 24887
Carol Thomas appeals the district court’s determination that Reliance Standard Life Insurance Company (“Reliance”) did not abuse its discretion in denying her application for long-term disability benefits.1 On appeal, Thomas’ principal arguments are that the district court applied an incorrect standard of review —…
229 F.3d 771 (9th Cir. 2000) SE JONG NOH, Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.…
Bruce Wayne Morris v. Jeanne Woodford, Acting Warden of California State Prison at San Quentin Page 24889
Petitioner Bruce Wayne Morris was sentenced to death in California for the 1985 murder of Rickey Van Zandt.…
Gilbert Lau v. Mark M. Meddaugh Page 24904
Gilbert Lau, pro se, appeals from a sua sponte oral order entered by the United States District Court for the Southern Distinct of New York (McMahon, /.), enjoining him from filing in that district any action on the same underlying facts unless he first submits the complaint to a United States Magistrate Judge for…
United States v. Edward W. Lemmons Page 24905
Edward Lemmons, his son, and two co-defendants were indicted for, and entered a plea of guilty to, the crime of conspiracy to manufacture and distribute methcathi- *265 none, in violation of 21 U.S.C.…
Carey v. Apfel Page 24907
230 F.3d 131 (5th Cir. 2000) GEORGE A. CAREY, Plaintiff-Appellant,v.KENNETH S.…
229 F.3d 448 (4th Cir. 2000) DIAMOND HEALTHCARE OF OHIO, INCORPORATED, a Virginia corporation, Plaintiff-Appellant,v.HUMILITY OF MARY HEALTH PARTNERS, formerly known as Saint Elizabeth Health Center, d/b/a Saint Elizabeth Health Center, an Ohio nonprofit corporation; HM HEALTH SERVICES, INCORPORATED, an Ohio…
INTRODUCTION Charles Jones was a crack addict who sometimes engaged in the dangerous practice of selling “beat” 1 to feed his addiction.…
The issue on this appeal is whether the requirement for Title VII coverage that an employer have at least fifteen employees is an ingredient of subject matter jurisdiction or the merits of the plaintiffs claim.…
United States v. Nichols Page 24933
Petitioner-Appellant Anthony Allan Nichols pled guilty to using a false social security number with the intent to deceive for the purpose of obtaining checking accounts at two Oklahoma banks in violation of 42 U.S.C.…
Opinion for the Court filed by Circuit Judge GINSBURG.…
Carole O'LOghLin v. County of Orange Page 24935
Carole O’Loghlin appeals the dismissal of her claim against defendant Orange County under the Americans with Disabilities Act (ADA), 42 U.S.C.…
This case involves an award of attorneys’ fees to defendants.…
Darnita McGhee v. Joan Yukins, Warden Page 24937
Petitioner/Appellant Darnita McGhee appeals the district court’s denial of her petition for a writ of habeas corpus.…
Rufus Washington v. Gerald Hofbauer Page 24938
OPINION The petitioner, Rufus Washington, a Michigan prisoner convicted of second-degree criminal sexual conduct, appeals the district court’s dismissal of his § 2254 habeas petition.…
The Central States, Southeast and Southwest Areas Pension Fund (Central States) is a well known multiemployer pension plan that serves members of the International Brotherhood of Teamsters who work in the midwestern United States.…
Plaintiffs-Appellants Edward Stachon and Judy Stachon, on behalf of themselves and a putative class of individuals similarly situated, filed an Amended Class Action Complaint charging Defendants-Appellees, United Consumers Club, Inc. (“UCC”), and five of its officers and/or directors, with violations of the Racketeer…
228 F.3d 429 (3rd Cir. 2000) ALLEGHENY GENERAL HOSPITAL; ALLEGHENY VALLEY HOSPITAL; ARMSTRONG COUNTY MEMORIAL HOSPITAL; CANONSBURG GENERAL HOSPITAL; CARBON- SCHUYLKILL COMMUNITY HOSPITAL, INC., D/B/A MINERS MEMORIAL MEDICAL CENTER; CHAMBERSBURG HOSPITAL; FORBES REGIONAL HOSPITAL; HAZLETON--ST.…
229 F.3d 457 (4th Cir. 2000) AT&T COMMUNICATIONS OF THE SOUTHERN STATES, INCORPORATED, Plaintiff-Appellant, and UNITED STATES OF AMERICA; FEDERAL COMMUNICATIONS COMMISSION, Intervenors/Plaintiffs,v.BELLSOUTH TELECOMMUNICATIONS, INCORPORATED; NORTH CAROLINA UTILITIES COMMISSION; JOANNE SANFORD; ALLYSON K.…
Betty McClure brought this action under 42 U.S.C.…
United States v. Gregory Swan Page 24964
ORDER The government has filed a document that it has styled a “Petition of the United States for Rehearing” in this case, in which it asks the court to revise some of the language in the opinion that was issued earlier.…
Paul Mollica v. James A. Volker Page 25141
Plaintiff-appellant Paul Mollica appeals from the district court’s grant of summary judgment to the defendant.…
229 F.3d 684 (8th Cir. 2000) RONALD L. CHELETTE, PLAINTIFF/APPELLEE,v.GRANT HARRIS, WARDEN, OFFICIAL AND INDIVIDUAL CAPACITY, JEFFERSON COUNTY JAIL CORRECTIONAL FACILITY, DEFENDANT/APPELLANT,BRENDA SPEARS, OMBUDSMAN, OFFICIAL AND INDIVIDUAL CAPACITY; CANDY REEVES, NURSE RN-CN, OFFICIAL AND INDIVIDUAL CAPACITY…
Charles Tatom v. Georgia-Pacific Corporation Page 25218
Georgia-Pacific Corporation appeals from the District Court’s denial of its motion for judgment as a matter of law following a jury verdict in favor of Charles Tatom in his action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C.…
United States v. Charles Holmes, AKA Slim Page 25219
Charles Holmes appeals his conviction for armed bank robbery in violation of 18 U.S.C.…
229 F.3d 374 (2nd Cir. 2000) JOHN E. MALESKO, Plaintiff-Appellant,v.CORRECTIONAL SERVICES CORPORATION, formerly known as Esmor Correctional Services Inc. and "JOHN DOES #1 TO JOHN DOES #10," inclusive, the names of said John Doe Defendants are presently unknown but intended to indicate officers and managers and guards…
Pruss v. Butler (In re Pruss) Page 25240
The court is informed that the underlying bankruptcy case has been dismissed by order of the United States Bankruptcy Court for the District of Nebraska, thereby making both of these appeals moot.…
Carmelita Elcock v. Kmart Corporation Page 25241
228 F.3d 448 (3rd Cir. 2000) CARMELITA ELCOCK,V.KMART CORPORATION, APPELLANT No. 98-7472 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued: December 7, 1999Filed October 10, 2000 1 NOTE: THIS OPINION HAS BEEN WITHDRAWN SEE AMENDED OPINION AT 233 F.3d 734.
Pram Nguyen v. City of Cleveland Page 25246
Plaintiff-Appellant, Pram Nguyen, brought three separate lawsuits against the City of Cleveland alleging that the City’s denial of his promotion bids violated Title VII because (1) the City discriminated against him on the basis of his national origin, and (2) the City retaliated against him for filing a grievance and…
Joseph T. Huey v. Daniel Stine, Correctional Officer, Ionia Maximum Correctional Facility Page 25247
OPINION Joseph T. Huey, a prisoner in the Michigan Department of Corrections, appeals from a district court judgment dismissing his 42 U.S.C.…
Six days before trial, the government informed counsel for defendants Mary Jane Johnson and Rickey Joe Bradshaw that it intended to elicit expert testimony at trial.…
In June 1996, Lloyd Bryson pled guilty to one count of conspiring to distribute and possess with intent to distribute crack cocaine.…
230 F.3d 14 (2nd Cir. 2000) ROBERT SIMS, Plaintiff-Appellant, v.CHRISTOPHER ARTUZ, Superintendent; PHILIP COOMBE, JR., Commissioner; CYRIL COEFIELD, Deputy of Security; SYLVIA LAGUNA, Director of Inmate Grievance Program; LORETTE KLEIN, Ph.D., Forensic Unit Chief; DONALD SELSKY; PAUL DALEY, Psychotherapist; SKOLLAR…
ContiChem LPG (“ContiChem”) appeals from the October 27, 1999, Memorandum and Order of the United States District Court for the Southern District of New York (Lawrence M.…
Securities & Exchange Commission v. Sargent Page 25273
The Securities and Exchange Commission (Commission) appeals from a directed verdict entered in favor of defendants-ap-pellees, Dennis J.…
In 1995, the Maine law firm of Smith & Elliott (S & E) was sued for malpractice.…
Estados Unidos Mexicanos v. DeCoster Page 25275
Claims of deplorable working and living conditions for migrant workers at DeCoster Egg Farms, a large Maine employer, were made in a civil rights action filed in May of 1998.…
This appeal rises, Phoenix-like, from the ashes of an age discrimination claim — but unlike many employment discrimination cases that are consumed by the summary judgment flames, it does not necessitate an exploration of the interstices of the complex burden-shifting framework commonly associated with such matters.…
United States v. Whitney Page 25277
James Whitney was convicted of interfering with federal housing rights on the basis of race, in violation of 42 U.S.C.…
Walker v. Gibson Page 25335
Petitioner-appellant Jack Dale Walker was convicted of two counts of first degree murder and sentenced to death.…
Orman v. Cain Page 25336
Chieno Orman was granted a writ of habeas corpus regarding his conviction of second-degree murder and resulting life sentence without possibility of parole.…
Hill v. City of Seven Points Page 25337
This appeal is from a magistrate judge’s denial of Appellants’ summary judgment motion based on the defenses of absolute, qualified, and sovereign immunity.…
On its tax return for 1992 J & W Fence Supply Company took a deduction of almost $1 million for a bad debt: a loan to Cherry Point Forest Products, one of J & W’s principal suppliers of raw materials (and 49% of whose stock was owned by John Vidrine, who also owns 100% of J & W’s stock).…
Eastern Trading Company, a partnership located in Dubai that trades gold and silver bullion in large quantities, brought this suit against two commonly owned corporations — Refco, Inc., a Chicago commodities broker, and Refco Capital Corporation — charging fraud and related misconduct in violation of the Commodity…
OPINION The Federal Deposit Insurance Corporation (FDIC) initiated this litigation in 1995, alleging breach by the Pulte Corporation, Pulte Diversified Companies, Inc., and First Heights Bank (whom we will refer to collectively as the Pulte Group 1 ) of the Assistance Agreement and subsequent contracts governing the…
United States v. Ramiro Cantu, Jr. Page 25341
OPINION Defendant Ramiro Cantu appeals his conviction on one count of being a felon in possession of a firearm (18 U.S.C.…
Anthony Roderick Phillip v. United States Page 25342
OPINION Petitioner Anthony Roderick Phillip appeals the district court’s denial of his motion to vacate his federal sentence, brought pursuant to 28 U.S.C.…
OPINION Charles Roy Degan was convicted under the federal murder-for-hire statute, 18 U.S.C.…
United States v. Roberta Rae Gumm Page 25345
Roberta Rae Gumm appeals the district court’s 1 denial of her motion to suppress evidence alleging that the affidavit in support of the search warrant used in her case failed to establish probable cause.…
Since the early 1980s, oil producers on Alaska’s North Slope have hired HB & R, Inc., on an as-needed basis to perform “hot oil” and other services on their wells and pipelines.…
Calvin L. Larson v. City of Fergus Falls Page 25347
Calvin L. Larson served for many years as a City of Fergus Falls employee, rising to the position of Assistant Public Works Director.…
229 F.3d 790 (9th Cir. 2000) In Re: THE EXXON VALDEZICICLE SEAFOODS, INC.; SEVEN SEAS CORPORATION; OCEAN BEAUTY SEAFOODS, INC.; OCEAN BEAUTY ALASKA, INC.; WARDS COVE PACKING COMPANY, INC.; ALASKA BOAT COMPANY; NORTH PACIFIC PROCESSORS; TRIDENT SEAFOODS CORPORATION; NORTH COAST SEAFOOD PROCESSORS, INC.; ADF, INC., dba…
Soghomon Abovian Lousine Abovian Iskoui Abovian v. Immigration and Naturalization Service Page 25349
ORDER The Opinion filed on July 19, 2000 [219 F.3d 972], is amended as follows: On slip Opinion page 8464, line 21 [219 F.3d at 978], after the sentence “Here, the IJ did not make a credibility finding,” please insert the following text: ‘Where the IJ makes no credibility finding, the petitioner’s credibility is…
United States v. Tatsuya Amano Page 25350
Defendant Tatsuya Amano, a Japanese national, challenges on two bases the district court’s denial of his motion to suppress certain, evidence: (1) that, at the time of his arrest, law enforcement officers failed to notify him of his right under the Consular Convention and Protocol between the United States and Japan…
United States v. David Lynn Furrow Page 25351
David Furrow appeals his conviction by conditional guilty plea to one count of manufacturing marijuana in violation of 21 U.S.C.…
Renee Hooper and Michelle Ralph (“Claimants”) are wives of two men who pleaded guilty to federal drug trafficking offenses.…
Merrianne Weberg v. Randy Franks Page 25354
OPINION Plaintiff Merrianne Weberg appeals the district court’s entry of summary judgment in favor of defendant prison officials in this “reverse” racial discrimination action pursuant to 42 U.S.C.…
BOYCE F. MARTIN, JR„ C. J., delivered the opinion of the court, in which RYAN, BOGGS, ALAN E.…
230 F.3d 582 (3rd Cir. 2000) BRIAN B., BY AND THROUGH HIS MOTHER, LOIS B.; ABDUL R., BY AND THROUGH HIS MOTHER, DENA R.; BYRON A., BY AND THROUGH HIS MOTHER, CARRIE W.; RONELLE W., BY AND THROUGH HIS MOTHER, PAMELA J.; STEVEN S., BY AND THROUGH HIS GUARDIAN, NANCY F.; ANTHONY T., BY AND THROUGH HIS MOTHER, CHRISTINE…
230 F.3d 113 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.COREY ANGLE, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JAMES EDWARD PHIFER, a/k/a Rick Daye, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JAMES EDWARD PHIFER, a/k/a Rick Daye, Defendant-Appellant.…
Petition granted and case remanded with instructions by published opinion.…
Okongwu v. Reno Page 25424
Petitioner-Appellant Joseph Ogonna Okongwu appeals the dismissal of his combined petition for writ of habeas corpus pursuant to 28 U.S.C.…
229 F.3d 1331 (11th Cir. 2000) Sherri WILLIAMS, B.J.…
United States v. Booker T. Duke Page 25449
Duke appeals from the denial of his motion under Fed.R.Crim.P.…
United States v. Pablo Ochoa, Jr. Page 25450
Pablo Ochoa, Jr., appeals his conviction for conspiracy to commit mail fraud in violation of 18 U.S.C.…
Amyn Kapadia v. Rodney L. Tally Page 25451
Amyn Kapadia was convicted in the Circuit Court of Cook County, Illinois of burglary and arson of a Jewish community center.…
Plaintiffs challenge the City of Chicago’s use of tolls collected on the Chicago Sky-way to pay for some of the City’s non-Skyway related transportation improvements.…
United States v. Randy M. Downs Page 25453
This appeal is before us now principally because of a missing moustache.…
Al Fayed v. Central Intelligence Agency Page 25454
Opinion for the Court filed by Circuit Judge WILLIAMS.…
Alfred Leotis Rodgers v. United States Page 25455
Alfred Leotis Rodgers has filed an application for leave to file a second motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C.…
United States v. Donald Keith Kroeger Page 25457
While responding to a fire at Donald Keith Kroeger’s residence, authorities discovered a methamphetamine laboratory.…
California state prisoner Demetrie La-don Mayfield appeals the district court’s denial of his habeas petition brought pursuant to 28 U.S.C.…
United States v. Diana Johnson Page 25462
Diana Johnson was found guilty by a jury of receiving “stolen Government property,” in violation of 18 U.S.C.…
In Re: B.U.M. International, Inc. Debtor, Friedman Enterprises v. B.U.M. International, Inc. Page 25464
Friedman Enterprises (“FE”) appeals the district court’s decision affirming the bankruptcy court’s order denying FE’s request for $916,827 in contingency fees pursuant to FE’s employment agreement with Chapter 11 Debtor B.U.M.…
Timothy Cossel v. Charles Miller Page 25465
Timothy Cossel filed this habeas corpus petition challenging his 1989 state convictions for rape, criminal confinement, criminal deviate conduct, battery, and burglary, in part on the ground that his trial counsel rendered constitutionally ineffective assistance of counsel by failing to properly object to testimony by…
DECISION In United States v. United States Shoe Corp., 523 U.S. 360, 118 S.Ct.…
with whom Circuit Judges NEWMAN and PLAGER join, dissenting from the Order denying the petition for rehearing en banc.…
Weasel v. St. Alexius Medical Center Page 25481
A medical malpractice case. I. Background On August 27, 1996, Mary Rose Kills Crow Weasel, the.wife of Dale Weasel, gave birth to a child at St. Alexius Medical Center in Bismarck, North Dakota.…
United States v. Cortez Rhodes Page 25482
Two of the three issues raised in Cortez Rhodes’s appellate brief were withdrawn in his reply brief.…
In Re Beverly B. Mann Page 25483
Beverly Mann is persistent if nothing else.…
United States v. Larry Barnes Page 25484
Larry Barnes was a real estate broker who strayed from the realm of legitimate transactions into that of money laundering.…
The bankruptcy court entered a default judgment against Frank and Elizabeth Vincze, husband and wife, when they failed to answer an adversary complaint filed by Frank Bak, one of their creditors.…
United States v. Craig A. Smith Page 25486
Craig Smith appeals his conviction for witness retaliation under 18 U.S.C.…
This case has lain in labor relations limbo for nearly six years, between a union victory in an election that was ultimately set aside and the holding of a new election.…
Charles Walker v. Government of the Virgin Islands Edwin Harris, Warden of the Bureau of Corrections Page 25495
OPINION OF THE COURT Petitioner Charles Walker was convicted and sentenced by the Territorial Court of the Virgin Islands for breaking various Virgin Islands criminal laws.…
234 F.3d 136 (3rd Cir. 2000) DAVID ODDI; ERIN ODDI, HIS WIFEv.FORD MOTOR COMPANY; GRUMMAN ALLIED INDUSTRIES INC.; GRUMMAN OLSON BODIES, INC.; OLSON BODIES, INC.V.COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, THIRD PARTY DEFENDANTDAVID ODDI, APPELLANT No. 99-3406 UNITED STATES COURT OF APPEALS FOR THE…
OPINION OF THE COURT Roy Parrott is currently serving a life sentence for a 1976 murder conviction, based on a violation of Virgin Islands territorial law.…
Igartua-de-La-Rosa v. United States Page 25499
229 F.3d 80 (1st Cir. 2000) GREGORIO IGARTUA DE LA ROSA, ET AL., PLAINTIFFS, APPELLEES,v.UNITED STATES OF AMERICA, DEFENDANT, APPELLANT.COMMONWEALTH OF PUERTO RICO, INTERVENOR.…
Warren v. Miles Page 25500
Michael A. Warren appeals the dismissal of his habeas corpus petition filed in the district court for the Western District of Texas pursuant to 28 U.S.C.…
Norval J. Elkins, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 25504
229 F.3d 1369 (Fed. Cir. 2000) NORVAL J. ELKINS, Claimant-Appellant,v.HERSHEL W.…
United States v. Lawrence X. Cusack Page 25627
Lawrence X. Cusack appeals from a judgment of conviction entered on September 24, 1999, in the United States District Court for the Southern District of New York (Denise L.…
Texas death row inmate Dennis Thurl Dowthitt appeals from the district court’s denial of habeas corpus relief.…
Billy Bailey appeals the District Court’s order affirming the denial of supplemental security income.…
229 F.3d 710 (8th Cir. 2000) MARK ANDY, INC., PLAINTIFF-APPELLEE,v.HARTFORD FIRE INSURANCE COMPANY, DEFENDANT-APPELLANTTRUMBULL INSURANCE COMPANY DEFENDANT.HARTFORD FIRE INSURANCE COMPANY, THIRD-PARTY PLAINTIFF- APPELLANT,TRUMBULL INSURANCE COMPANY, THIRD-PARTY PLAINTIFF,v.LOCKTON INSURANCE AGENCY OF ST.…
Noran Neurological Clinic, P.A., (Noran) brought suit against its property insurer, The Travelers Indemnity Company (Travelers), alleging breach of contract; a deceptive trade practice in violation of Minn.…
Robert Milligan v. City of Red Oak, Iowa Page 25671
Robert Milligan appeals the District Court’s 2 dismissal of his complaint against the city of Red Oak, Iowa, in which Milli-gan alleged a taking of his property by the city in violation of the Public Use Clauses of the United States and Iowa Constitutions.…
Oladeinde v. Birmingham, City of Page 25673
Former Police Chief Arthur Deutsch and Captain Julius Walker appeal from the denial of their motions for a judgment as a matter of law filed pursuant to Rule 50 of the Federal Rules of Civil Procedure.…
Hunnicutt v. Hawk Page 25677
Petitioner-appellant Denny Hunnicutt, a federal inmate appearing pro se, appeals the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C.…
Two insurance companies are battling here over coverage growing out of a serious accident involving a dump truck and two automobiles.…
United States v. Manuel Vargas Page 25685
After pleading guilty to distributing one kilogram of cocaine, 21 U.S.C.…
Donald McCormick v. City of Chicago Page 25686
Donald McCormick sued the City of Chicago, and two individual defendants, Sergeant Richard Banaszkiewicz and Dr. Jack Leong (“Individual Defendants”) for discrimination under 42 U.S.C.…
The Immigration Court denied Samer Mansour’s claim for asylum as well as withholding of removal, but granted him voluntary departure.…
Luann James v. General Motors Corporation Page 25689
LuAnn James wants us to determine that she was involuntarily terminated without cause from her employment.…
United States v. Keith Page 25692
Defendant-Appellant Lamont E. Keith appealed his conviction and sentence for possession of cocaine base (crack) with intent to distribute, in violation of 21 U.S.C.…
General Service Employees Union, Local No. 73, Seiu, Afl-Cio, Clc v. National Labor Relations Board Page 25698
The National Labor Relations Act (the Act) sets forth the general framework under which employees and management structure their relationships, whether in a union context or a non-union context.…
Williams v. Cain Page 25699
In 1981, petitioner-appellant Thomas J. Williams (Williams), a Louisiana state prisoner, was convicted by a jury of first degree murder and sentenced to death.…
Williams v. Gibson Page 25702
Petitioner-Appellant Christopher Todd Williams appeals from the district court’s *1311 dismissal of his habeas petition as time barred.…
Shooting Star Ranch, LLC v. United States Page 25703
Plaintiff The Shooting Star Ranch settled a quiet title action against various entities of the United States and then sought attorney fees and costs in the district court pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C.…
United States v. Youts Page 25704
Abner Youts appeals from an adverse jury verdict.…
Claimant Kevin Weeks applied for social security disability benefits and supplemental security income in March 1998, claiming to have become recently disabled.…
Trull v. Volkswagen of America, Inc. Page 25707
Appellants sought damages from appel-lee Volkswagen for injuries arising out of a *344 ear accident in February 1991.…
United States v. Ortiz-De-Jesus Page 25709
On April 10, 1997, a federal grand jury sitting in the District of Puerto Rico returned a three-count indictment against a number of individuals.…
Petitioner Anthony Leslie, a New York State (“State”) prisoner convicted of attempted murder, appeals from a judgment of the United States District Court for the Southern District of New York, Robert W.…
Abdullah Shabazz seeks review of the sentence of supervised release imposed after he was found to have violated his parole.…
Brown & Williamson Tobacco Corp. (“B & W”) and Philip Morris Inc. (“PM”) seek review of a judgment entered April 1, 1999 by the United States District Court for the Western District of Kentucky.…
This appeal challenges a decision of the United States Court of Federal Claims that when the appellants filed an application for an automatic extension of time to file their federal income tax return, the money they remitted to the Internal Revenue Service (“IRS”) with their application was a “payment” of their…
When Robert Caudle became a distributor of Sears products in 1989 he agreed to arbitrate (under the auspices of the American Arbitration Association) any disagreements arising out of that arrangement.…
230 F.3d 923 (7th Cir. 2000) Citizens for a Better Environment, Plaintiff-Appellee,v.The Steel Company, also known as Chicago Steel and Pickling Company, Defendant-Appellant.…
229 F.3d 721 (8th Cir. 2000) CLAUDE GRAVES, APPELLANT,v.ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION; RICHARD WEISS, DIRECTOR, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES; PRESTON MEANS, ASSISTANT COMMISSIONER OF REVENUE FOR OPERATIONS AND ADMINISTRATION, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES; EVERETT LEATH…
Enfield Ex Rel. Enfield v. A.B. Chance Co. Page 25939
The City of Goodland, Kansas (the City), appeals the district court’s order interpreting portions of the Kansas workers’ compensation subrogation statute, Kan.…
OPINION Harborside Healthcare, Inc. (“Harbor-side”) operates a 274-bed long-term care nursing home in Beachwood, Ohio.…
Sharon W. Cox v. City of Memphis Page 25942
230 F.3d 199 (6th Cir. 2000) Sharon W. Cox, et al., Plaintiffs-Appellants,v.City of Memphis, et al., Defendants-Appellees.…
Rasaq Dipo Salaam petitions for review of the decision of a divided Board of Immigration Appeals (BIA) denying his application for asylum and withholding of removal.…
United States v. Juan Gabriel Ruiz Page 25944
We must decide whether Rule 32(e) of the Federal Rules of Criminal Procedure requires a defendant seeking to withdraw a guilty plea on account of newly-discovered exculpatory evidence to show a “fair and just” reason for withdrawal, or whether the higher standard of “manifest injustice” must be met.…
Unbeknownst to Lamar Williams, his girlfriend Tarehanda Cunningham surreptitiously tape recorded him implicating himself and Defendant Anthony Boone in an armed robbery.…
The issue before us is whether an order appointing a “lead plaintiff” in an on-going securities fraud class action is a “collateral order” from which an interlocutory appeal can be taken.…
Jefferson Partners L.P. appeals the District Court’s 4 denial of its motion to vacate an arbitration award.…
Defendants-Appellants, the Houma Municipal Fire and Police Civil Service Board, and board members Pat McKey, Timothy Wallace, Johnny Lopez, Joe Roy, David Falgoust, and Craig Landry, appeal from the district court’s denial of Defendants-Appellants’ summary judgment motion.…
230 F.3d 102 (4th Cir. 2000) USF RED STAR, INCORPORATED, Petitioner,v.NATIONAL LABOR RELATIONS BOARD, Respondent.CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL 118, International Brotherhood of Teamsters, AFL-CIO, Petitioner,v.NATIONAL LABOR RELATIONS BOARD, Respondent.NATIONAL LABOR RELATIONS BOARD, Petitioner,v.USF RED…
Bowen v. Doyle Page 25954
This appeal arises out of a controversy over the governance of the Seneca Nation of Indians (“Seneca Nation” or “the Nation”), a federally-recognized Indian tribe with its own constitution.…
Samuel Aponte-Vega appeals from a decision of the United States District Court for the Southern District of New York (Duffy, J.) denying his motions for a new trial and for return of prpperty.…
Helen Kane v. The Boc Group, Inc., Third Party v. Quality Foods Co., Third Party the Boc Group, Inc. Page 25963
OPINION OF THE COURT The BOC Group, Inc., leased a cryogenic screw auger to Quality Foods Company under an agreement that Quality Foods would provide a safe work place and protect its employees against injury.…
OPINION OF THE COURT In this case, filed under the Individuals with Disabilities Education Act, 20 U.S.C.…
Judge SOTOMAYOR dissents in a separate opinion.…
Heartwood, Inc., Jim Bensman, and Mark Donham (collectively, “Plaintiffs”) challenge the district court’s grant of summary judgment in favor of Defendants, the United States Forest Service and Mike Dombeck, Chief of the Forest Service, as to Count II of their complaint.…
This appeal presents a tangle of jurisdictional, equitable, and labor-law issues.…
James Michael Mullis v. United States Page 25978
OPINION The United States appeals the district court’s order granting plaintiffs petition *216 for the removal of the firearms disabilities imposed on him by 18 U.S.C.…
231 F.3d 1114 (8th Cir. 2000) TIMOTHY THORBURN, MONSIGNOR; PAM TABOR; DOMINIC PYNES; MARY ADAM, INDIVIDUALS, PLAINTIFFS - APPELLANTS,v.WILLIAM AUSTIN, IN HIS OFFICIAL CAPACITY AS LINCOLN CITY ATTORNEY; THOMAS CASADY, IN HIS CAPACITY AS CHIEF OF LINCOLN POLICE DEPARTMENT, DEFENDANTS - APPELLEES.…
ORDER The defendant, the Ohio Secretary of State, appeals a district court order per *834 manently enjoining him from enforcing Ohio Revised Code § 3505.03 insofar as it prohibits him from placing a political party designation on the ballot for the November 7, 2000 election to indicate that presidential and…
Love v. National Medical Enterprises Page 26007
Primarily at issue is which limitations accrual rule to apply for civil claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.…
Addo v. Globe Life & Accident Insurance Page 26008
The determinative question before us is whether an insurance company timely removed a case from state court over a $5,000 life insurance policy when it received a letter, after the case was filed, indicating that plaintiff would seek damages exceeding the federal jurisdictional minimum.…
Christopher Graham v. Long Island Rail Road Page 26012
Christopher Graham, a black employee of the Long Island Rail Road (LIRR), appeals from the grant of summary judgment in the United States District Court for the Eastern District of New York (Trager, J.) entered February 12, 1999 in favor of LIRR.…
Manchester v. Annis Page 26052
Debtor Darlene Olinda Annis (Debtor) filed a Chapter 7 case and sought to have her (and her deceased husband’s) federal and state income tax refunds exempted from her bankruptcy estate pursuant to Okla.…
Debra C. Moran, and State of Illinois, Intervenor-Appellant v. Rush Prudential Hmo, Incorporated Page 26053
Section 4-10 of Illinois’ Health Maintenance Organization Act (“the HMO Act”), 215 III.…
United States v. Larry A. Hollis Page 26054
Larry Hollis pled guilty to two counts of affecting interstate commerce by extortion.…
United States v. Lawrence Ray Carmichael Page 26055
GILMAN, J., delivered the opinion of the court, in which DAUGHTREY, J., joined.…
United States v. Jimmie Ray Derington Page 26056
Jimmie Ray Derington appeals his conviction of the theft of government property in violation of 18 U.S.C.…
ORDER Judges Politz, Reinhardt, and Hawkins voted to deny the petition for rehearing.…
United States v. Nebrum Pounds Page 26075
Nebrum Pounds appeals his sentence for aiding and abetting in the robbery of a fast food restaurant, in violation of 18 U.S.C.…
Larry Nathan Minter v. Theodis Beck Cliff Johnson, Larry Nathan Minter v. Theodis Beck Cliff Johnson Page 26077
Vacated and remanded with instructions by published opinion.…
Michael J. Brown v. Department of the Navy Page 26098
Opinion for the court filed by Circuit Judge BRYSON.…
Plaintiff-Appellant David R. Kittay, the trustee in a Chapter 7 bankruptcy proceeding of debtor Luckey Platt Centre Associates (“Luckey Platt”), appeals from a judgment of the United States District Court for the Southern District of New York (Alvin K.…
United States v. Roberto Gallardo Chavez Page 26410
Roberto Gallardo Chavez was convicted of one count of conspiracy to distribute methamphetamine in violation of 21 U.S.C.…
Barden Detroit Casino, L.L.C., a Michigan Limited Liability Company v. The City of Detroit Page 26411
OPINION This is an appeal from a district court decision rebuffing a challenge to the constitutionality of a legalized casino gambling scheme adopted by the City of Detroit.…
Debtor Jerome Berg (“Berg”) appeals from the decision of the Ninth Circuit Bankruptcy Appellate Panel (“BAP” or “the Panel”) affirming a decision of the bankruptcy court.…
ORDER The opinion filed June 5, 2000, and reported at 214 F.3d 1082, is withdrawn and superseded by the attached opinion.…
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.
Mississippi River Basin Alliance v. Westphal Page 26616
BACKGROUND On October 2, 1996, a coalition of environmental and wildlife conservation groups (“Conservation Groups”) filed suit seeking a declaratory judgment and injunctive relief to prevent the United States Army Corps of Engineers (“Corps”) from proceeding with a flood control project known as the Mississippi River…
United States v. Darren Demeatrie Gordon Page 26621
A jury convicted Defendant Darren Gordon of robbery and firearms offenses in connection with a brutal attack on a gun store clerk.…
Lopez Carrasquillo v. Rubianes Page 26623
In a case with a procedural twist, the district court terminated the plaintiffs claims by entering summary judgment in favor of three defendants sua sponte without providing the plaintiff notice and an opportunity to be heard.…
United States v. Wheeler Page 26624
After examining the briefs and appellate record, this court has determined unanimously that oral argument would not materially assist the determination of this appeal.…
230 F.3d 1178 (10th Cir. 2000) OXY USA, INC., Plaintiff-Appellee,MOBIL EXPLORATION & PRODUCING U.S., INC., Plaintiff,v.BRUCE BABBITT, Secretary; BOB ARMSTRONG, Assistant Secretary, Land and Minerals Management; CYNTHIA QUARTERMAN, Director, Minerals Management Service; ERASMO GONZALES, Chief, Houston Compliance…
United States v. Danhauer Page 26626
I. INTRODUCTION After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal.…
OPINION OF THE COURT Lawrence Brooks filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C.…
Nationwide Mut. Ins. Co. v. Buffetta Page 26629
230 F.3d 634 (3rd Cir. 2000) NATIONWIDE MUTUAL INSURANCE COMPANYV.ROSETTA MIRIELLO BUFFETTA, ADMINISTRATRIX OF THE ESTATE OF FRANCESCO MIRIELLO,ROSETTA MIRIELLO BUFFETTA, ADMINISTRATRIX OF THE ESTATE OF FRANCESCO MIRIELLO, APPELLANT No. 99-1832 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued July 17…
Throughout the decade of the 1990s, corporate downsizing was a popular strategy for companies that believed they had become indolent, complacent, inefficient, or otherwise unsuited to the ever-increasing pace of competition in their markets.…
At one time, Elio Del Vecchio held a $5,000 whole life insurance policy issued by Bankers National Life Insurance Company (Bankers Life).…
James v. Hurson Associates, Inc. v. Glickman Page 26640
Opinion for the Court filed by Circuit Judge SENTELLE.…
United States v. Leonard C. Krimsky Page 26641
OPINION Leonard Krimsky appeals his conviction and sentence for twelve counts of embezzlement from an employee benefit plan in violation of 18 U.S.C.…
In Re: Sahnica Denise Nolan, Debtor. Chrysler Financial Corporation v. Sahnica Denise Nolan Page 26642
OPINION On August 22, 1997, Sahnica Denise Nolan filed a petition for relief under Chapter 13 of the Bankruptcy Code.…
United States v. Alexander Montagu Hay Page 26643
Alexander Hay appeals his conviction following a jury trial for possession and distribution of child pornography by means of a computer.…
United States v. Wald Page 26648
I. INTRODUCTION After conditionally pleading guilty to possession with intent to distribute methamphetamine, Steven Allen Wald now challenges the district court’s denial of his motion to suppress both the methamphetamine discovered in the trunk of his vehicle and his post-arrest statements.…
United States v. James v. Delaurentis Page 26653
OPINION OF THE COURT The government appeals from the district court’s pretrial dismissal of two counts of an indictment.…
United States v. Franky-Ortiz Page 26655
On April 10, 1997, a federal grand jury sitting in the District of Puerto Rico returned a three-count indictment against a number of individuals.…
When appellant Carolyn Pari-Fasano’s long-term disability benefits were terminated by appellee ITT Hartford Life and Accident Insurance Company (“appellee” or “ITT Hartford”), she brought suit in federal district court alleging that the termination of her benefits violated the Employee Retirement Income Security Act…
Plaintiff-appellant John Burns claims that the State Police Association of Massachusetts (SPAM) and one of its officers conspired to prevent his promotion to a higher rank in the state police force because of his race, in violation of 42 U.S.C.…
Merle Sargent seeks review of the decision of the Merit Systems Protection Board dismissing his appeal on the basis of an oral settlement agreement with the Department of Health and Human Services (the Department).…
Frank and Roxanne Pirkheim sued First Unum Life Insurance Company (First Unum) in state court to recover accidental death benefits for the death of them minor *1009 son, Logan.…
United States v. James C. Quinn Page 26757
OPINION James C. Quinn was convicted of various drug-trafficking and firearm-possession offenses and was sentenced to 184 months of incarceration.…
United States v. Dorothy Marie Willard Page 26758
The main question that we must answer in this appeal is whether a mother is in a “position of public or private trust” within the meaning of United States Sentencing Guideline (“U.S.S.G.”) § 3B1.3, which provides an upward adjustment for abuse of a position of trust in the commission of a crime.…
229 F.3d 831 (9th Cir. 2000) JOSEPH KATZ; ROGER MOORE, on behalf of themselves and others similarly situated, Plaintiffs-Appellants,v.THE REGENTS OF THE UNIVERSITY OF CALIFORNIA; LAWRENCE LIVERMORE NATIONAL LABORATORY; ERNEST ORLANDO LAWRENCE BERKELEY NATIONAL LABORATORY, Defendants-Appellees.…
229 F.3d 837 (9th Cir. 2000) JOSEPH R. EVANNS, as an individual and on behalf of all those similarly situated, Plaintiff-Appellant,v.AT&T CORPORATION, a corporation; MCI CORPORATION, a corporation; PACIFIC BELL, INC., a corporation; MCI TELECOMMUNICATIONS CORPORATION, erroneously sued as MCI Corporation; MCI…
United States v. Elena S. Duncan Page 26785
Elena Duncan was. charged by indictment with four counts of mail fraud in violation of 18 U.S.C.…
Tommy L. Rutledge v. United States Page 26786
Tommy Rutledge appeals the denial of his federal habeas petition.…
Jeffrey Stotts was suspended from his high school’s basketball team because he got a tattoo in violation of a rule governing the personal appearance of boys basketball players.…
United States v. Mark A. Morgan Page 26788
230 F.3d 1067 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,v.MARK A.…
William Frank Loeblein v. Dave Dormire Page 26789
William Frank Loeblein was convicted in Missouri state court of two counts of first-degree sexual assault, see Mo.…
Buddy Cason v. Jim Seckinger Page 26790
This appeal stems from a lawsuit that was filed sixteen years ago on behalf of a class consisting of all male and female inmates (“plaintiffs”) presently or in the future housed by the Georgia Department of Corrections at the Middle Georgia Correctional Complex.…
This is another in a series of cases involving warrantless searches of bus passengers.…
Robin Amaro Brungart appeals from the district court’s grant of summary judgment in favor of BellSouth Telecommunications, Inc. (“BellSouth”), on her claims under the Family and Medical Leave Act (“FMLA”), 29 U.S.C.…
These consolidated appeals involve facial challenges to a Gainesville, Florida, street closing ordinance and a sound ordinance.…
Williams v. Matesanz Page 26795
Asserting that a state trial judge’s jury instructions incorrectly described the prosecution’s burden of proof, petitioner-appellant Reese Williams, Jr., sought habeas corpus relief in the federal district court.…
230 F.3d 543 (2nd Cir. 2000) ZONELL WRIGHT, SIMON VARGAS, TARA DIXON, MARIO LAMBOY, and ROBERT THOMPSON, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v.RUDOLPH GIULIANI, as Mayor of the City of New York, JASON TURNER, as Commissioner of the Human Resources Administration of the…
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
United States v. Gary O. Fladten Page 26811
Gary Fladten was charged with attempting to manufacture methamphetamine in violation of 21 U.S.C.…
Carleton College, Petitioner/respondent v. National Labor Relations Board, Respondent/petitioner Page 26812
230 F.3d 1075 (8th Cir. 2000) CARLETON COLLEGE, PETITIONER/RESPONDENT,v.NATIONAL LABOR RELATIONS BOARD, RESPONDENT/PETITIONER.…
229 F.3d 435 (3rd Cir. 2000) PI LAMBDA PHI FRATERNITY, INC., A CORPORATION WITH ITS PRINCIPAL PLACE OF BUSINESS IN CONNECTICUT; PA GAMMA SIGMA CHAPTER OF PI LAMBDA PHI FRATERNITY, AN UNINCORPORATED ASSOCIATION OF INDIVIDUALS; PA GAMMA SIGMA ALUMNI CHAPTER OF PI LAMBDA PHI FRATERNITY; BRAD ZULICK; CHAD CRISP; JOSHUA…
United States v. Smith Page 26814
This appeal arises out of the convictions of Frank Smith and Connie Tyree on a number of federal criminal counts relating to violation of absentee voter laws in connection with the November 1994 general election in Greene County, Alabama.…
Dr. Kay Sessoms Hinson, a high school principal in Clinch County, Georgia who was transferred to a teaching position, brought this employment discrimination action against the Clinch County Board of Education, its superintendent, and various board members under Title VII and 42 U.S.C.…
This case involves three companioned appeals by attorney Marilyn D.…
Key Energy Resources Inc. appeals from the district court’s rulings dated January 6, 1999, and April 12, 1999.…
Marcano-Rivera v. Pueblo International, Inc. Page 26823
Marie Marcano-Rivera and her husband, Osvaldo Román-Sánchez, filed this suit against Marcano’s former employer, Pueblo International, Inc., on September 2,1997.…
Shirley K. Rogers v. Wal-Mart Stores, Inc. Page 26824
OPINION I. Introduction This case arises out of injuries suffered by Shirley K.…
United States v. Jess A. Rodrigues Page 26826
Defendant Jess A. Rodrigues, former owner and Chairman of the Board of Sar-atoga Savings and Loan in California, stands convicted of ten criminal counts arising from his participation in four real estate transactions with Saratoga between 1984 and 1988.…
United States v. Gary Hancock Page 26827
Defendant Gary Hancock was convicted of violating 18 U.S.C.…
231 F.3d 546 (9th Cir. 2000) WYLER SUMMIT PARTNERSHIP, A PARTNERSHIP, PLAINTIFF-APPELLANT,v.TURNER BROADCASTING SYSTEM, INC., A GEORGIA CORPORATION; TURNER ENTERTAINMENT CO., A GEORGIA CORPORATION, DEFENDANTS-APPELLEES.…
The Estate of Hilda Ashman 1 appeals the tax court’s decision that the Commissioner of Internal Revenue properly held Ashman to the duty of consistency and, therefore, properly assessed a deficiency for Ashman’s 1993 tax year.…
This is an appeal from the district court’s dismissal of the plaintiffs’ claims of civil assault under Texas Penal Code § 22.01(a)(l)-(3) against R.J.…
United States v. Branam Page 26843
James David Branam appeals a fine, imposed as part of his sentence after a guilty plea.…
230 F.3d 667 (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.RORY BARTLEY, a/k/a Roy Bailey, Defendant-Appellant.…
United States v. Archuletta Page 26845
Leonora Lupe Archuletta appeals her sentence on a single count of bank fraud in violation of 18 U.S.C.…
Barnett v. Apfel Page 26846
Plaintiff-appellant Sharon K. Barnett appeals the district court’s affirmance of the final decision of the Commissioner of Social Security denying her applications for disability insurance benefits and supplemental security income.…
The Board of Education of the City School District of the City of Yonkers (“the School Board”) appeals from a judgment of the United States District Court for the Southern District of New York (Parker, /.), entered under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C.…
United States v. Jeffrey Harris Page 26879
230 F.3d 1054 (7th Cir. 2000) United States of America, Plaintiff-Appellee,v.Jeffrey Harris, Defendant-Appellant.…
On July 7, 1998, a grand jury in the Northern District of Illinois returned a three-count indictment against Misael Montenegro, Juan Perez, and Jose Perez (Juan’s brother) 1 charging the three men with two counts of violating the Hostage Taking Act, 18 U.S.C.…
United States v. Jorge M. Lopeztegui Page 26882
Were we giving awards for creativity, novelty, or perhaps even chutzpah, Jorge M.…
231 F.3d 399 (7th Cir. 2000) Howard R. Montgomery, for himself and for all others similarly situated, for themselves and for Aetna Plywood, Inc. Profit Sharing Plan as successor to Aetna Plywood, Inc., Employee Stock Ownership Plan, Plaintiffs-Appellants,v.Aetna Plywood, Incorporated, et al.…
Fulcrum Financial Partners (Fulcrum) and Meridian Leasing Corporation (Meridian) worked as partners in the computer leasing business.…
Arlie Leonberger suffers from sleep apnea, a serious disorder that causes a person to stop breathing for brief periods of time while asleep; the oxygen deprivation that results disrupts the person’s normal sleep cycle, leaving the individual very tired and with a tendency to fall asleep during the day.…
Judge CALABRESI dissents in a separate opinion.…
United States v. Doherty Page 26891
A jury convicted John Doherty, Douglas Hatter, and James Gaudet of conspiracy to defraud the Internal Revenue Service, 18 U.S.C.…
Saksit Nakaranurack v. United States Page 26892
Petitioner Saksit Nakaranurack is a Thai citizen who came to the United States at the age of six.…
Opinion by Judge BRUNETTI; Partial Concurrence and Partial.…
Opinion for the Court filed by Circuit Judge SENTELLE.…
Opinion for the Court filed by Circuit Judge ROGERS.…
United States v. Schaffer Page 26898
Opinion filed by Chief Judge HARRY T. EDWARDS, concurring in the denial of the petition for rehearing.…
230 F.3d 1113 (9th Cir. 2000) EARL OLD PERSON; CAROL JUNEAU; BILL WHITEHEAD; HERMAN RED ELK; RONALD WILLIAMS; MARGARET CAMPBELL; ANDREA MAIN; DONALD MEYERS; JOSEPH MACDONALD; JEANNINE PADILLA, Plaintiffs-Appellants,v.MIKE COONEY, Secretary of State for the State of Montana; MARC RACICOT, Governor for the State of…
Whallon v. Lynn Page 26916
In May 2000, Richard Charles Whallon, Jr. petitioned for the return of his five-year-old daughter, Micheli Lynn Whallon King, to Mexico pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.…
United States v. Hanson Wilson Millan Page 26917
Defendant-appellant Hanson Wilson Mil-lan appeals from convictions for carjacking that resulted in death, in violation of 18 U.S.C.…
Laeila Nelson, a citizen of Suriname, appeals a final order of the Board of Immigration Appeals (BIA) affirming a deportation order which denied her application for asylum and withholding of deportation.…
Bessette v. AVCO Financial Services Inc. Page 26919
This appeal involves the wrongful, and supposedly common, practice by certain creditors of coercing naive and inexperienced debtors into reaffirming debt that has been properly discharged in bankruptcy.…
Raymond G. Maxson, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 26925
Raymond G. Maxson appeals the judgment of the United States Court of Appeals for Veterans Claims, 1 affirming the decision of the Board of Veterans Appeals denying Mr. Maxson benefits for service-connected aggravation of a pre-existing condition.…
Seven years ago the Desnick eye clinic, joined by two of the clinic’s surgeons (who are no longer parties), brought this diversity suit against the ABC television network, a producer of ABC’s program “PrimeTime Live,” and the program’s star reporter, Sam Donaldson, seeking damages for a variety of torts allegedly…
NATHANIEL R. JONES, J., delivered the opinion of the court, in which BOYCE F.…
Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge FERNANDEZ; Partial Concurrence and Partial Dissent by Judge KLEINFELD; Partial Concurrence and Partial Dissent by Judge GOULD; Dissent by Judge TASHIMA.…
Leda Anderson, a Married Person v. Bruce Babbitt, Secretary of the U.S. Department of the Interior Page 27041
Plaintiff-appellant Leda Anderson appeals from the district court’s order dismissing her action for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim.…
Ecological Rights Foundation Mateel Environmental Justice Foundation v. Pacific Lumber Company Page 27043
Plaintiff organizations Ecological Rights Foundation (“ERF”) and Mateel Environmental Justice Foundation (“Mateel”) brought this lawsuit against Pacific Lumber Company alleging various violations of the Federal Water Pollution Control Act of 1972, better known as the Clean Water Act, see 33 U.S.C.…
United States v. Hughes Page 27054
The government appeals the district court’s grant of a motion under 28 U.S.C.…
David Leroy Skaggs v. Phil Parker, Warden Page 27066
230 F.3d 876 (6th Cir. 2000) David Leroy Skaggs, Petitioner-Appellant,v.Phil Parker, Warden, Respondent-Appellee.…
United States v. Sean Howell Page 27067
Sean Howell was convicted of possession of cocaine with intent to distribute in violation of 21 U.S.C.…
United States v. Michael Patterson Page 27068
Defendant Michael Patterson pled guilty to a one count indictment charging him with escaping from custody in violation of 18 U.S.C.…
In Re Michael Frain, Debtor-Appellee Page 27072
Michael Frain filed for Chapter 7 bankruptcy.…
Tesfaye, Fasil v. Carr Park Inc Page 27073
Opinion for the Court filed PER CURIAM. Pursuant to 28 U.S.C.…
Canady v. Securities & Exchange Commission Page 27074
Opinion for the court filed by Circuit Judge HENDERSON.…
United States v. Kelvin Knight Page 27086
Kelvin Knight was convicted of possessing cocaine base (crack) with the intent to distribute it, see 21 U.S.C.…
Lee v. E I Dupont De Nemours & Co. Page 27088
Gary Lee, an employee of independent contractor Brown & Root, was injured when he fell from a scaffold he was disassembling in a DuPont facility in Mississippi.…
Stewart v. Dutra Construction Co. Page 27090
In a case reminiscent of Coleridge’s storied seafarer, who was doomed to tell the same tale over and over again, see Samuel T.…
Baker v. McCabe Page 27091
This controversy, now approaching its tenth anniversary, arises out of the frustration experienced by plaintiffs-appél-lants, John and Susan Baker, in applying for a permit to build a pier on Clark’s Island in Plymouth Harbor, Massachusetts.…
United States v. Becker Page 27093
Appealing from both his conviction after trial and his sentence for various drug and firearms charges, defendant-appellant Lesley Lee Becker asserts as grounds for relief several evidentiary errors, insufficient evidence to support his methamphetamine-related convictions, and error in his sentencing.…
Signature Development Companies, Inc. and Village Homes, Ltd., both Colorado entities (collectively, “Signature”), appeal from the district court’s grant of summary judgment in favor of Royal Insurance Company, an Illinois corporation (“Royal”).…
The Plaintiff Amoco Oil Co. appeals the district court’s refusal to vacate a dismissal order under Federal Rule of Civil Procedure 60(b).…
United States v. Rosario Fuentez Page 27096
Maria Rosario Fuentez appeals her conviction after a jury trial for possession with intent to distribute less than 500 grams of cocaine (count 1) and possession with intent to distribute more than 500 grams of cocaine (count 2) in violation of 21 U.S.C.…
The United States filed a civil complaint in the Northern District of Oklahoma seeking the forfeiture of “MegaMania” machines operated in Indian country.…
United States v. Rubio Page 27098
I. A grand jury indicted Defendant Jaime Rubio on several drug-related counts.…
United States v. Pierce S. Han Page 27099
Appellant Pierce S. Han appeals his conviction of knowingly and willfully traveling in interstate commerce for the purposes of engaging in a sexual act with a person under 18 years of age, in violation of 18 U.S.C.…
Lawrence N. Sparks v. Eastman Kodak Company Page 27100
ORDER Eastman Kodak Company (“Kodak”) moves for an assessment of damages for a frivolous appeal * in this case, which we affirmed without opinion on September 6, 2000.…
Salvatore Giove seeks review of an arbitrator’s decision in grievance number NM-98-GJT-02, denying Giove’s grievance and *1336 thereby upholding his removal from the Federal Aviation Administration (“FAA”), an agency of the Department of Transportation (“DOT”).…
Dismissed by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge HAMILTON joined.…
United States v. Georgia R. Freitag Page 27211
A jury convicted Defendant Georgia R. Freitag of several crimes relating to her alleged scheme to defraud the federal government by submitting false Medicare reimbursement claims on behalf of an ambulance company she operated.…
Ford v. Cimarron Ins Co Inc Page 27212
The issue before us is whether the district court erred in granting Defendants Appellee’s, Cimarron Insurance Company, Inc. (“Cimarron”), renewed motion for judgment as a matter of law regarding an insured’s right under Texas law to recover for an insurer’s alleged negligent investigation, handling, and settlement of…
McKEAGUE, D. J., delivered the opinion of the court, in which GILMAN, J., joined.…
Lexington Insurance Company, as Subrogee of New Plan Realty Trust v. F.W. Woolworth Company Page 27214
OPINION A shopping mall tenant appeals here from a judgment in favor of its landlord’s casualty insurance carrier on a subrogation claim asserted against the tenant in the wake of a fire that damaged the leased premises.…
United States v. Sealed 1 Page 27216
231 F.3d 484 (9th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,v.SEALED 1, LETTER OF REQUEST FOR LEGAL ASSISTANCE FROM THE DEPUTY PROSECUTOR GENERAL OF THE RUSSIAN FEDERATION, PURSUANT TO AN AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON…
ORDER On remand from the Supreme Court, we further remand this First Amendment commercial speech case to the district court for further development of the record.…
United States v. Chung Lo Page 27218
Chung Lo, a San Francisco real estate broker, appeals her conviction for eight counts of mail fraud in violation of 18 U.S.C.…
United States v. Franks Page 27220
Franks challenges the district court’s dismissal of his § 2255 petition based on a single claim: his counsel was ineffective in failing to object to the sentencing judge’s erroneous enhancement of his sentence.…
In the Fall of 1991, the United States hired Paris Contracting Company to do extensive work at the Postal Service’s Chicago, Illinois, main vehicle maintenance facility.…
Loa-Herrera v. Trominski Page 27267
231 F.3d 984 (5th Cir. 2000) Julio Loa-Herrera, Ramiro Cantu-Gracia, Juana Guzman-Ascencio, Efrain Merino, Arturo Lozano-Lopez, Alejandra Gutierrez, Juan Sanchez-Salinas, and Adelita Cantu de Cabrera, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees,v.E.M.…
Staftex Staffing v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor Page 27268
232 F.3d 431 (5th Cir. 2000) STAFTEX STAFFING AND HOUSTON GENERAL INSURANCE COMPANY, Petitioners,v.DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR AND RAMIRO LOREDO, Respondents.…
Brenda Cash v. Sylvia Smith Page 27270
This appeal requires us to determine whether the plaintiff, Brenda Cash, had a medical condition that qualifies as a disability under the Americans with Disabilities Act.…
Becker v. Federal Election Commission Page 27271
230 F.3d 381 (1st Cir. 2000) HEIDI BECKER, ET AL., Plaintiffs, Appellants,v.FEDERAL ELECTION COMMISSION, Defendant, Appellee.…
During a cocaine-trafficking investigation in 1990, the police conducted a search of Antonia Aybar-Alejo’s residence, where they found a ,38 caliber derringer pistol loaded with two live rounds of ammunition.…
United States v. Chanthadara Page 27273
Boutaem Chanthadara was convicted of robbery (pursuant to the Hobbs Act, 18 U.S.C.…
This interlocutory appeal arises out of claims by Cynthia Maurizio that she wrote or collaborated on the book outline and two draft chapters of the successful novel The First Wives’ Club.…
231 F.3d 950 (5th Cir. 2000) CALVIN JEROLD BURDINE, Petitioner-Appellee,v.GARY L.…
United States v. Noah Lawal Page 27297
Noah Lawal, a Nigerian citizen who had been in the United States for ten months 1 prior to his arrest, was indicted for conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C.…
Mark Wilkinson v. Roger D. Cowan, Warden Page 27298
Convicted of murdering his estranged wife, Mark Wilkinson sought post-conviction relief in Illinois state court.…
Gould Inc. v. A & M Battery & Tire Service Page 27299
OPINION OF THE COURT This case arises from a contribution action initiated by appellee, Gould, Inc., under S 113 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.…
This case returns to us after a remand to the district court for further consideration of the sentencing ramifications of defendant-appellant Jesús DiPinas juvenile criminal dispositions.…
Bolin v. Sears, Roebuck & Co. Page 27326
This interlocutory appeal under Rule 23(f) of the Federal Rules of Civil Procedure presents defendant Sears, Roebuck & Co.’s challenge to Rule 23(b)(2) certification of a class of bankrupt debtors alleging illegal post-bankruptcy collection practices by Sears.…
United States v. H. Wayne Hayes, Jr. Page 27329
The major question for decision in this appeal by H.…
United States v. Michael Charles Jones Page 27330
Section 922(g)(8) of Title 18 makes it illegal for persons to possess a firearm if they are subject to a domestic violence protection order.…
Gail Crum v. Circus Circus Enterprises Circus Circus Casinos, Inc. Circus Circus Hotel Casino Page 27333
Gail Crum appeals the district court’s judgment dismissing her diversity action against Circus Circus Enterprises, Inc., Circus Circus Casinos, Inc., and Circus Circus Hotel Casino, Inc. (“Circus Circus”) for lack of subject matter jurisdiction.…
United States v. Brian Matthew Scheele Page 27334
Appellant Brian Matthew Scheele pleaded guilty to a three count indictment charging him with manufacturing, distributing, and attempting to manufacture methamphetamine.…
United States v. Roger Lapage Page 27335
The issue in this case is a prosecutor’s duty when his witness lies.…
United States v. Kevin Wash, A/K/A Keke Page 27342
Kevin Wash was convicted of several counts related to distributing cocaine base and carrying a firearm during a drug trafficking offense.…
Don Freeman had been working as a Custodial Worker for the Madison Metropolitan School District (“MMSD”) for 13 years when, in 1992, he injured his knee while trying to roll a wrestling mat onto a cart.…
Perrone v. General Motors Acceptance Corp. Page 27361
Appellants, a class of automobile lessees who brought an action under the Truth in Lending Act (“TILA”), 15 U.S.C.…
Leon Szymanski, a double amputee, brought suit under the Americans with Disabilities Act, 42 U.S.C.…
OPINION Plaintiff, Certain Underwriters at Lloyd’s, London (Underwriters), brought this case for declaratory relief pursuant to 28 U.S.C.…
United States v. Walter Lewis Page 27439
MARTIN, C.J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined.…
United States v. Raul Melecio-Rodriguez Page 27441
Raul Melecio-Rodriguez was indicted for conspiracy to distribute methamphetamine under 21 U.S.C.…
Abdul Gafoor Bibi Nurun Nisha Faymeeza Nisha Farzana Nisha v. Immigration and Naturalization Service Page 27442
Opinion by Judge HAWKINS; Dissent by Judge O’SCANNLAIN.…
Bennie Scott Loveland v. Sherman Hatcher Page 27443
In June of 1992, in Nevada state court, Bennie Scott Loveland, the petitioner, was found guilty of sexual assault.…
We must decide whether residential burglary is a crime of violence that serves to trigger mandatory transfer to adult status under the federal juvenile crime statute, 18 U.S.C.…
Appellant John Fahle (“Fahle”) appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
United States v. Cuevas-Andrade Page 27452
Juan Cuevas-Andrade appeals his conviction and sentence for illegally reentering the United States following deportation.…
John O. Roane v. United States Page 27453
The United States appeals the judgment of the Court of Federal Claims, which held that the method used by the United States Air Force (“Air Force”) in awarding promotions was invalid because it was inconsistent with various statutes and a Depart *1349 ment of Defense (“DoD”) Directive.…
On a motion for judgment as a matter of law (JMOL), the United States District Court for the Southern District of New York upheld the validity of claim 4 of U.S. Patent No. 4,283,408 (the ’408 patent) in favor of Yamanouchi Pharmaceutical Co., Ltd. and Merck & Co., Inc. (collectively, Yamanouchi).…
231 F.3d 433 (7th Cir. 2000) CLINT SMITH, Plaintiff-Appellant,v.KENNETH APFEL, Commissioner of Social Security, Defendant-Appellee.…
This case is principally about the commissions Susan Cooper Houben claimed she earned working as the director of corporate development for Telular Corporation, a manufacturer of coupling devices for telephones and cellular radios.…
Fannie B. Kalis v. Colgate-Palmolive Company, Millen True Value Hardware and Millen Hardware Page 27461
Fannie B. Kalis brought this products liability action against Colgate-Palmolive Company (“Colgate”) and other defendants 1 for injuries caused by the explosion of a container of fondue fuel.…
Edison K. Spearman v. Ford Motor Company Page 27462
Edison Spearman sued his current employer, Ford Motor Company, alleging that Ford violated Title VII by subjecting him to a hostile environment of sexual harassment, retaliating against him for opposing sexual harassment, and for discriminating against him on the basis of his sex.…
United States v. Johnnie Bond Page 27463
Before he was nabbed, Johnnie Bond made $4 million out of shady real estate deals in the inner city of Milwaukee, Wisconsin.…
OPINION OF THE COURT After receiving a tip from an informant, two officers stopped Larry Valentine on a city street late at night and discovered a gun.…
Doug Grant, Inc. v. Greate Bay Casino Corp. Page 27465
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 11-2-2000 Doug Grant Inc v. Greate Bay Hotel Precedential or Non-Precedential: Docket 98-5291 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "Doug Grant Inc v. Greate…
Diamond Game Enterprises, Inc. v. Reno Page 27466
Opinion for the Court filed by Circuit Judge TATEL.…
231 F.3d 1140 (9th Cir. 2000) ALFRED ARTHUR SANDOVAL, PETITIONER-APPELLEE,v.ARTHUR CALDERON, WARDEN OF THE CALIFORNIA STATE PRISON AT SAN QUENTIN, RESPONDENT-APPELLANT.ALFRED ARTHUR SANDOVAL, PETITIONER-APPELLANT,v.ARTHUR CALDERON, WARDEN OF THE CALIFORNIA STATE PRISON AT SAN QUENTIN, RESPONDENT-APPELLEE.…
231 F.3d 1029 (7th Cir. 2000) In re Bentz Metal Products Company, Inc., Debtor-Appellee,Appeal of Larry Faehnrich, et al., Plaintiffs-Appellants,v.Bentz Metal Products Company, Inc. and NBD Bank, N.A., Defendants-Appellees.…
United States v. Fany Moreno Page 27776
Shortly after her significant other, Evar-isto Moreno, pleaded guilty to possessing both heroin and cocaine with the intent to distribute these narcotics, a jury convicted Fany Moreno (“Moreno”) of these same crimes; and she is currently serving a prison term of six and one-half years.…
The four plaintiffs-appellants — Karen Bell, Lolita Hill, Farro Assadi, and Christi-ana Prasinos — allege that they were unlawfully denied promotions to Master/Expert positions within the Environmental Protection Agency (“EPA”).…
Vacated and remanded by published opinion.…
This case presents a difficult question of the limits on the subject matter jurisdiction of the federal courts.…
United States v. George Brown, A/K/A China Page 27782
BACKGROUND From 1989 to 1997, George Brown a/k/a China (“Brown”) was a member of the “Westchester Avenue Crew”, a drug organization that sold heroin under the brand names “Stingray” and “Tuna” near West-chester and Bryant Avenues in the Bronx.…
231 F.3d 82 (2nd Cir. 2000) CONOPCO, INC., Plaintiff-Appellant, v.ROLL INTERNATIONAL and PARAMOUNT FARMS, INC., Defendants-Appellees.…
BACKGROUND Elizabeth Gordon, a black woman, began to work for the New York City Board of Education (the “Board”) in 1977.…
Sigman v. United States Page 27806
ORDER The United States has filed a Petition for Rehearing and/or Clarification.…
Brown v. Olin Chemical Corp. Page 27813
In this Louisiana tort case, in federal court on the basis of diversity of citizenship, Intervenor Plaintiff-Appellant Horseshoe Entertainment (“Horseshoe”) appeals the district court’s grant of Defendant Appellee Olin Corp’s (“Olin”) motion for summary judgment.…
United States v. Jordan Page 27814
Earnest Jordan appeals his conviction, after guilty plea, for being a felon in possession of a firearm, in violation of 18 U.S.C.A.…
Private Plaintiffs-Appellants and Inter-venor Plaintiff-Appellant United States (collectively “Plaintiffs”) appeal the district court’s approval of the location proposed by Defendant-Appellee Madison County School District (“MCSD” or “the District”) for a new high school in that district.…
Ag Services of America, Inc. v. Nielsen Page 27817
This is a diversity case arising from an agricultural loan.…
Wheeler v. HO Sports Inc. Page 27820
Plaintiff brought a products liability action after her husband drowned in an Oklahoma lake while wearing Defendants’ life-vest.…
United States v. Alfredo Gracidas-Ulibarry Page 27823
Opinion by Judge FISHER; Concurrence by Judge FERNANDEZ.…
United States v. Domingo Lopez-Osuna Page 27825
Domingo Lopez-Osuna (“Lopez”) appeals his felony conviction on a one count indictment for being a deported alien found in the United States, in violation of 8 U.S.C.…
Jack Lee defrauded various individuals and institutions through a variety of schemes.…
United States v. Renard Maurice Nealy Page 27831
Defendant Renard Maurice Nealy appeals his 32-year sentence for two counts of possession with intent to distribute cocaine base.…
Opinion for the court filed by Circuit Judge RADER.…
Opinion for the court filed by Circuit Judge NEWMAN.…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
Razzoli, Kevin v. Fed Bur of Prisons Page 27853
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Sylvia A. Lipson v. United States Page 27854
Sylvia Lipson, along with a number of other people, was charged and convicted of conspiring to distribute crack cocaine in violation of 21 U.S.C.…
Hasbro, Inc. v. Clue Computing, Inc. Page 27856
This case involves a dispute over the right to use the word “clue” in an Internet domain name.…
United States v. Austin Page 27858
I. INTRODUCTION Defendant David Dean Austin was convicted by a jury on one count of possessing stolen mail in violation of 18 U.S.C.…
United States v. Rahseparian, J Page 27859
After a joint jury trial, co-defendants Ardashir (aka Ardie), Daryoush (aka *1260 Steve), and Jalal (aka Jack) Rahseparian were convicted of conspiracy to commit mail fraud, mail fraud, and money laundering.…
United States v. Rahseparian, D Page 27860
After a joint jury trial, co-defendants Ardashir (aka Ardie) and Daryoush (aka Steve), along with Jalal (aka Jack) Rahse-parian, were convicted of conspiracy to commit mail fraud, mail fraud, and money laundering.…
James Cantrell sought disability benefits for a mental impairment.…
Jeff King appeals the district court’s denial of his § 2241 petition for habeas corpus relief based on 18 U.S.C.…
233 F.3d 547 (8th Cir. 2000) NATIONAL LABOR RELATIONS BOARD, PETITIONER,V.SUPERIOR OF MISSOURI, INC., RESPONDENT.…
Newell Recycling Company, Inc. (“New-ell”) appeals a final decision of the Environmental Protection Agency’s Environmental Appeals Board (“EAB”) holding Newell liable for violating the disposal requirements for polychlorinated biphenyls (“PCBs”) established in Section 6(e) of the Toxic Substances Control Act (“TSCA”).…
Some two years after his deportation hearing, petitioner Stanislav Iavorski discovered that his attorney had not appealed the Immigration Judge’s (“IJ”) denial of his applications for political asylum and withholding of deportation as that attorney allegedly had promised to do.…
Defendant-appellant David Alan Dorf-man, P.L.L.C., a law firm operating as a professional limited liability company (“the P.L.L.C.”), and individual defendant-appellant David Alan Dorfman, an attorney and the sole member of the P.L.L.C.…
No. 99-4142 affirmed in part and remanded in part and No. 99-4185 affirmed by published opinion.…
Charlie Dews v. A.B. Dick Company Page 27871
231 F.3d 1016 (6th Cir. 2000) Charlie Dews, Plaintiff-Appellant,v.A.B.…
United States v. Darnell Hayes Page 27872
231 F.3d 663 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.DARNELL HAYES, Defendant-Appellant.…
United States v. Miguel Alvarez-Valenzuela Page 27873
Opinion by Judge HARLINGTON, Jr.; Dissent by Jhdge KLEINFELD.…
Abner J. Morgan, Jr. (Morgan) filed suit against National Railroad Passenger Corporation (Amtrak), alleging violations of Title VII of the Civil Rights Act of 1964, as amended in 1991.…
Gary Bielfeldt (and his wife, but she is a party only by virtue of having filed a joint return with her husband), a large trader in U.S. Treasury notes and bonds, seeks to overturn a decision by the Tax Court denying him the right to offset immense trading losses that he incurred in the 1980s against all but $3,000 a…
The Equal Employment Opportunity Commission (“EEOC”) filed suit Under the Americans with Disabilities Act (“ADA”), 42 U.S.C.…
This case arises from a Title VII action alleging gender discrimination.…
Anderson v. Red River Waterway Commission Page 27913
This case comes before us on appeal from the district court’s grant of summary judgment for defendant Red River Waterway Commission (the “RRWC”).…
In Re Mitchell R. Swartz Page 27920
Mitchell R. Swartz appeals from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), Appeal No. 94-2920, affirming the examiner’s final rejection of claims 25-48 of application Serial No. 07/760,970 for lack of operability or utility under 35 U.S.C.…
The Li Second Family Limited Partnership (Li) 1 filed a patent infringement suit in the United States District Court for the Eastern District of Virginia against Toshiba Corporation and Toshiba America Electronic Components, Inc. (collectively Toshiba).…
Stewart Barnes v. Frank Elo Page 27941
OPINION Stewart Barnes, a state prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
Defendants were charged with conspiracy to distribute and to possess with the intent to distribute cocaine base (crack).…
The plaintiffs appeal from an order entered by the United States District Court for the Southern District of New York (Constance Baker Motley, Judge) (a) denying their motion for summary judgment and (b) granting the defendant’s motion to strike a Certificate of Default and for leave to file an answer, and from a…
231 F.3d 889 (2nd Cir. 2000) BETTY HUGHLEY, ANGELA DOYLE, GEORGIANNA JOHNSON, FREDERICK GILLIAM, SYLVIA GRANT-GUTIERREZ, EDWARD KAY, STEVEN KRAMER, LUIS MATOS, JAMES MURPHY, MARC SHANKER and UNITY AND PROGRESS-SAVE OUR UNION COMMITTEE, Plaintiffs,v.LOCAL 1199, DRUG, HOSPITAL AND HEALTH CARE EMPLOYEES UNION, RWDSU…
This case presents two questions: (1) whether the Legal Aid Society of Orange County (“Legal Aid”) is a state actor amenable to suit under 42 U.S.C.…
DiRienzo v. Philip Services Corp. Page 27957
Philip Services Corporation (Philip), a Canadian metal processing company, is alleged in the complaint in the instant action to have perpetrated a massive fraud upon its shareholders, the vast majority of whom are U.S. investors.…
Effective January 1, 1994, the State of Arkansas repealed a statute that had previously afforded prison officials the discretion to award additional good-time credits to prisoners.…
United States v. Jovel Hernandez Page 27986
Jovel Hernandez stole $115,000 from Zenith Electronics Corporation while employed as one of its staff accountants.…
Elmer Ritter v. Hill 'N Dale Farm, Inc. Page 27987
Elmer Ritter, a field maintenance worker at Hill ’N Dale Farm (HND), filed suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C.…
Iraola & CIA, S.A. v. Kimberly-Clark Corp. Page 27989
Appellant Iraola & CIA, S.A. (“Iraola”) appeals the district court’s determination that subject matter jurisdiction in this action existed under 28 U.S.C.…
OPINION Nancy Follín Jones, an attorney with the Pima County Public Defenders Office (PCPD), appeals the denial of her motion *1250to proceed as next friend and to stay the execution of Don Jay Miller, an Arizona prisoner under sentence of death who has declined to seek federal habeas relief and refused to be…
OPINION This appeal arises from petitions filed with the INS by Bahrain Anssari-Ghara-chedaghy and his family, seeking political asylum.…
William Prazak appeals the district court’s summary judgment order in favor of the appellees (“the union”).…
Paul Green v. Theo White, Warden Page 28247
Paul Green appeals the district court’s denial of his petition for a writ of habeas corpus following his state court conviction for two counts of first degree murder and other charges in connection with a drive-by shooting.…
Phillip Jackson Lyons v. Jackie Crawford Page 28248
"We must decide whether the district court properly dismissed a petition for ha-beas relief for failure to exhaust state court remedies.…
Donahue v. Cain Page 28521
Larry Donahue appeals the grant of a writ of habeas corpus issued under 28 U.S.C.…
Federal Insurance Company v. Yusen Air & Sea Service(s) Pte. Ltd. Doing Business as Yusen Air Cargo Page 28524
Plaintiff Federal Insurance Company (“plaintiff’) appeals an order and judgment of the United States District Court for the Southern District of New York (Harold Baer, J.), entered on March 17, 2000, to the extent that such judgment limits plaintiffs damages to $380.00.…
United States v. Ronald Fisher Page 28526
This criminal appeal warrants a brief opinion to make it clear that in cases where a defendant has executed a valid waiver of the right to appeal as part of a plea agreement, a district judge’s statement after sentencing concerning a right to appeal does not alter the binding force of the waiver of appellate rights.…
Moussa Diallo petitions for review of the March 13, 1998 order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the denial by an immigration judge (“IJ”) of his applications for asylum in the United States and withholding of deportation to Mauritania.…
This is a government contract case. James Giesler and Luke Coniglio, doing business as Central Park Company, appeal from the October 21, 1999 order of the United States Court of Federal Claims denying their motion for an award of attorney fees and costs, following the court’s September 15, 1999 decision granting…
Katie M. Bradley (Bradley) appeals the district court’s 4 order granting summary judgment to her employer, Sheila E.…
United States of America v. Martin Uphoff Page 28634
Martin J. Uphoff was convicted by a jury of one count of arson in violation of 18 U.S.C.…
United States v. Adrian F. Searcy Page 28636
Adrian Searcy pleaded guilty to possessing cocaine base (“crack”) with intent to distribute, in violation of 21 U.S.C.…
United States v. Daniel Nielsen Page 28637
On the day prior to his scheduled trial date, Daniel Nielsen pleaded guilty to conspiracy to collect extensions of credit by extortionate means and was subsequently sentenced to 96 months of imprisonment.…
United States v. Warren E. Cornett Page 28638
Warren Cornett appeals his conviction for possessing a firearm after being convicted of a felony, arguing that the prosecutor made several comments during her closing argument that deprived him of a fair trial.…
Kenneth Neiman v. Thomas M. Keane Page 28639
After several businesses reported that Kenneth Neiman had refused to pay for part or all of work performed on his home, Detective Thomas Keane of the Deerfield, Illinois Police Department arrested Mr. Neiman.…
Robert E. Donais v. United States Page 28640
In June 1996, Robert E. Donáis sued the United States pursuant to the Federal Tort Claims Act, 28 U.S.C.…
Felicia Aries Morgan v. Kristine Krenke Page 28641
Early one morning in October of 1991, 17-year-old Felicia Morgan and two friends went on a senseless and incomprehensible 15-minute crime spree on Milwaukee’s north side.…
Wayne Hein v. All America Plywood Company, Incorporated Kurt Adam Ludwinski, Jointly and Severally Page 28643
OPINION Wayne Hein, a 45-year-old, 5'8", 200-pound truck driver who suffers from hypertension, appeals from an adverse summary judgment ruling in his suit against his former employer, All America Plywood Company (AAP), and its president Kurt Adam Ludwinski.…
OPINION Comcast Cablevision, Inc. seeks review of the National Labor Relations Board’s Decision and Order directing Comcast to recognize Communications Workers of America Local 4100, AFL-CIO (the Union) as the employees’ exclusive bargaining representative at its Taylor, Michigan facility.…
We hold that an arbitration clause in appellee Laboratory Corporation of America’s ERISA-governed health benefits plan is enforceable.…
United States v. Juan Carlos Herrera-Blanco Page 28646
Juan Carlos Herrera-Blanco (“Herrera-Bianco”) appeals from the judgment of conviction of the crime of unlawful reentry into the United States by a previously deported alien without the express consent of the Attorney General of the United States in violation of 8 U.S.C.…
John Thomas Drayden v. Theo White, Warden Page 28647
This appeal from the district court’s denial of a habeas petition under 28 U.S.C.…
United States v. James M. Fejes Page 28648
James M. Fejes appeals from the judgment entered following his felony convictions for conspiracy to violate the Lacey Act under 18 U.S.C.…
Danny J. Draper appeals from a judgment by the district court under 11 U.S.C § 523(a)(15) awarding attorney’s fees and costs to his creditor and former spouse, Luann Renfrow.…
In this petition, we consider: (1) whether the petitioner is inadmissable under the Immigration and Nationality Act (INA) § 212(a)(6)(C)(i), 8 U.S.C.…
Garcia v. City of Albuquerque Page 28651
Plaintiff/appellant Silas Garcia filed this action against his employer, the City of Albuquerque, and various city officials (the City).…
Lee's Summit v. Surface Transportation Board Page 28652
Opinion for the Court filed by Circuit Judge RANDOLPH.…
United States v. Johnson, Spencer L. Page 28839
Opinion for the Court filed by Chief Judge EDWARDS.…
United States v. Ahn, Yong Ho Page 28840
Opinion for the Court filed by Circuit Judge SENTELLE.…
Opinion for the Court filed by Chief Judge HARRY T.…
Opinion for the Court filed by Chief Judge EDWARDS.…
Amer Bus Assn v. Slater, Rodney E. Page 28843
231 F.3d 1 (D.C. Cir. 2000) AMERICAN BUS ASSOCIATION, APPELLANTv.RODNEY E.…
Robert Holstein was a principal in the now-defunct Chicago law firm of Holstein Mack & Klein (“HMK”).…
United States v. Lawrence Brown III Page 28845
Lawrence Brown III was convicted, following his guilty plea, of possession of two sawed-off shotguns and a destructive device.…
Plaintiffs appeal the district court’s grant of summary judgment.…
Before us are two separate appeals. In the first, Luis Angel Torres-Otero appeals a district court order directing, as a remedy under 28 U.S.C.…
Charles R. Fernandez appeals from the final decision of the Merit Systems Protection Board (“MSPB” or “Board”), dismissing his appeal for failure to state a claim upon which relief can be granted.…
John D. Watts v. Xl Systems, Inc. Page 28849
John D. Watts seeks review of a final decision of the District Court for the Eastern District of Texas.…
On June 6, 1998, Kenneth Goodwin suffered an injury to his left eye after being struck by a plastic wing nut discharged from the lawn mower he was using.…
United States v. Michael Harvey Page 28953
After Michael Harvey violated his supervised release, the district court resen-tenced him to the maximum prison term permitted by the United States Sentencing Guidelines: a consecutive 24 month sentence.…
OPINION ANNOUNCING THE JUDGMENT OF THE COURT This appeal presents the uncommon scenario of a civil suit in a state court by a federal employee against five of his fellow employees, all of whom were employed by the United States Department of Justice, Bureau of Prisons (“BOP”).…
United States v. Sprick Page 28955
In this prosecution for bank fraud, mail fraud, and money laundering, Defendant-Appellant Michael Arlan Sprick appeals the jury’s verdict of guilty on one of six bank fraud counts, six of six mail fraud counts, and seven money laundering counts — one related to the bank fraud count of conviction and six related to the…
United States v. Siedlik Page 28956
Defendant appeals the district court’s denial of his motion to withdraw his plea of guilty to two charges of interstate transportation of a minor with intent to engage in sexual activity.…
Price v. Western Resources, Inc. Page 28957
Appellants Alice F. Price and Alexandria F.…
Amro v. Boeing Company Page 28958
Joseph Amro, who is of Lebanese ancestry, brought this action against his employer, The Boeing Company, alleging discrimination and retaliation in violation of Title *793 VII and 42 U.S.C.…
Gibson v. Klinger Page 28959
Defendant Ronnie Lee Gibson appeals the district court’s dismissal of his petition for a writ of habeas corpus as untimely under the one-year limitations period provided by the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C.…
St. Charles Investment Co. v. Commissioner Page 28960
The Commissioner of Internal Revenue (“Commissioner”) disallowed certain deductions claimed by St. Charles Investment Co., Burton C.…
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA; UNITED MINE WORKERS OF AMERICA, DISTRICT 17; LOCAL UNION 93, UNITED MINE WORKERS OF AMERICA, Plaintiffs-Appellees, No. 00-1262 v. MARROWBONE DEVELOPMENT COMPANY, Defendant-Appellant.…
Herbert G. Fisher v. Charles E. King Conrad Spangler, Director, Division of Mineral Mining Page 28962
Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge LUTTIG and Judge KING joined.…
Douglas Warren v. Alton Baskerville Page 28963
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge MOTZ joined.…
Grant's Dairy—Maine, LLC v. Commissioner of Maine Department of Agriculture, Food & Rural Resources Page 28964
Federally regulated milk dealers (“handlers”) are required by federal law to pay a minimum price for all the raw milk that they purchase from dairy farmers (“producers”).…
Whiting v. United States Page 28965
This appeal raises the question of what is constitutionally adequate notice to a prisoner of civil proceedings to forfeit assets related to federal drug crimes.…
On October 11, 1994, appellant David Fite was fired by the appellee Digital Equipment Corporation 1 after twenty years of employment.…
United States v. Shepard Page 28967
This case requires us to decide the following question: may a sentencing court consider certified copies of police reports and complaint applications to determine whether a defendant pled guilty to three prior “violent felonies” qualifying for sentence enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C.…
233 F.3d 341 (6th Cir. 2000) GTE Midwest, Inc.(98-3167); BellSouth Corporation (98-3203), Petitioners,U.S. West, Inc.; Bell Atlantic; MCI Telecommunications Corporation; Airtouch Communications, Inc. (98-3167/3203);United States Telephone Association; Alltel Communications, Inc.; SBC Communications, Inc., et al.…
The United States appeals the order of the district court affirming the bankruptcy court’s grant of summary judgment in fa *1048 vor of the trustee who brought suit for recovery of a tax refund under 26 U.S.C.…
United States v. Patrick Flores Oaxaca Page 28971
Patrick Flores Oaxaca (“Oaxaca”) appeals his conviction and sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.…
Elizabeth Diane Downs v. Sonia Hoyt Page 28972
FACTUAL AND PROCEDURAL BACKGROUND Petitioner Elizabeth Diane Downs was convicted of murder, attempted murder, *1035 and assault in the Lane County Circuit Court in Oregon in 1984.…
Miguel Cruz-Navarro (“Cruz”), a native and citizen of Peru, with his family, 1 petitions for review of an order of the Board of Immigration Appeals (“BIA”).…
Lawrence Short appeals from the judgment of the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) affirming the decision of the bankruptcy court declaring nondischargeable a debt he was ordered to pay in a judgment of dissolution entered in a California state court.…
United States v. Valarie E. Reeves Page 29023
233 F.3d 555 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,v.VALARIE E.…
The State of Missouri appeals from the judgment of the District Court 2 granting Larry Schaal’s petition for habeas corpus relief under 28 U.S.C.…
Marilyn Anderson, Appellant/cross-Appellee v. North Dakota State Hospital, Appellee/cross-Appellant Page 29025
Marilyn Anderson was employed by the North Dakota State Hospital as a switchboard operator.…
Norfolk Southern Railway Company v. James E. Guthrie, Buddy W. Snyder, and Lakin Law Firm Page 29026
Norfolk Southern Railway Company (“NS”) appeals the dismissal of its declaratory judgment action against Buddy W.…
Lionel Bordelon is employed by the Chicago School Reform Board of Trustees (“the Board”) as principal of Kozminski Community Academy, a Chicago public school.…
Hansen, a mail carrier working out of the Glenview, Illinois post office, sued the Postal Service for failure to accommodate his disability, in violation of the Rehabilitation Act, 29 U.S.C.…
Kristin Beul v. Asse International, Inc. Page 29029
In this diversity suit for negligence, governed (so far as the substantive issues are concerned) by Wisconsin law, the jury returned a verdict finding that plaintiff Kristin Beul’s damages were $1,100,000 and, that she was 41 percent responsible for them; in accordance with the verdict, judgment was entered against…
United States v. John Dewey Lim, Also Known as Jeff Kurosawa, Also Known as Miyamato Sato Page 29030
John Dewey Lim appeals his sentence. He pleaded guilty to one count of mail fraud, in violation of 18 U.S.C.…
United States v. Cheryl C. Godbout-Bandal Bruce A. Rasmussen Wayne Field Richard D. Donohoo Page 29031
The district court 1 granted summary judgment to the federal government on its claim for enforcement of an award of civil penalties against defendants for violation of the Change in Bank Control Act, 12 U.S.C.…
Kevin R. Lee v. McDonald Corporation Page 29032
Kevin R. Lee appeals from the district court’s dismissal without prejudice of his action.…
Paul Kreutzer appeals the district court’s denial of his 28 U.S.C.…
Spectators’ Communication Network and its owner, Frank Mitchell, 1 appeal from the summary judgment entered in favor of Anheuser-Busch, Inc., the only remaining defendant in their antitrust suit alleging that Spectators’ was excluded from broadcasting professional golf tournaments.…
In Re: Tatum Page 29035
Billy Ray Tatum has filed a motion with us, seeking authorization to file a successive 28 U.S.C.…
Federal Deposit Insurance v. Barton Page 29036
For the wrongful bankruptcy claim at hand, primarily at issue is the burden of proof for causation and damages.…
Vicheth Som and Hoang Van Tran appeal from the judgments of conviction and sentences of the United States District Court for the Northern District of New York (Frederick J.…
United States v. Thomas Fitzgerald Page 29040
Thomas Fitzgerald appeals from the judgment of conviction and sentence of the United.…
Respondents-Appellants Michael McGinnis, Superintendent of the Southport Correctional Facility, and Eliot Spitzer, New York State Attorney General, appeal the December 2, 1998, judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge), which conditionally granted…
James W. Chambers v. Al Luebbers Page 29056
*657 JUDGMENT The motion for appointment of counsel is granted, and Kent E.…
United States of America v. Charles I. Covey Page 29128
232 F.3d 641 (8th Cir. 2000) UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,v.CHARLES I.…
Edward J. Kunze died on December 18, 1992.…
United States v. Rey Chea, AKA T-Bone Page 29130
This appeal requires us to decide whether failure to consider a defendant’s undischarged term of imprisonment and Sentencing Guideline- Section 5G1.3(c) in imposing sentence requires resentencing.…
United States v. Nicholas Middleton Page 29131
Defendant Nicholas Middleton challenges his conviction for intentionally causing damage to a “protected computer” without authorization, in violation of 18 U.S.C.…
United States v. David Martinez Page 29132
Concurring and Dissenting: Martinez was convicted in 1996 of a violation of § 11360(a) of the California Health and Safety Code, which reads, ...…
Kenneth R. Burkhardt, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs Page 29133
Kenneth R. Burkhardt seeks review of the final decision of the United States Court of Veterans Appeals 1 holding that it did not have jurisdiction over an application for costs and fees, submitted under the Equal Access to Justice Act (“EAJA”).…
Harris v. Philip Morris Inc. Page 29169
Jo A. Harris, et al. (“Plaintiffs”) appeal the dismissal of their claims against Philip Morris Incorporated (“Philip Morris”) for civil assault under Texas Penal Code § 22.01(a).…
United States v. Garcia Page 29283
Appellant Johnny Ray Garcia appeals the district court’s denial of his motion to suppress evidence obtained through two court-ordered wiretaps.…
232 F.3d 324 (2nd Cir. 2000) FRIENDS OF VAN CORTLANDT PARK, PARKS COUNCIL, INC., NORWOOD COMMUNITY ACTION, LINDA BURGER, AND FAY MUIR, Plaintiffs-Appellants,STATE OF NEW YORK, Plaintiff-Intervenor-Appellant,UNITED STATES OF AMERICA, Plaintiff,BARBARA DEBUONO, M.D., as Commissioner of the New York State Department of…
United States v. Willie Edward Brown Page 29287
*401 Dismissed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Chief Judge WILKINSON and Judge KING joined, OPINION Willie Edward Brown seeks to appeal the sentence imposed upon him pursuant to his guilty plea.…
United States v. Zapata-Ibarra Page 29300
dissenting: The majority opinion 1 classifies this South Texas Fourth Amendment vehicle stop case as a “close one” — to which I would add “at best.” The majority stacks one more opinion on the burgeoning body of jurisprudence thai&wkey;at least figuratively — has engrafted onto the Fourth Amendment’s proscription of…
This case arises out of the termination of an exclusive distribution agreement between defendant-appellee BEI Sensors & Systems Company (“BEI”) and plaintiff-appellant L&M Enterprises, Inc. (“L & M”).…
BOYCE F. MARTIN, Jr., C.J., delivered the opinion of the court.…
Opinion for the Court filed by Chief Judge EDWARDS.…
Pueblo of Sandia v. Babbitt, Bruce Page 29339
Opinion for the court filed by Circuit Judge HENDERSON.…
Jane Doe (“Doe”), a minor, appeals through her guardian and mother, Alisa Rudy-Glanzer (“Rudy-Glanzer”), the denial of a motion for a new trial.…
Elizabeth Lyman was an 81 year old retired piano teacher.…
233 F.3d 1160 (9th Cir. 2000) MARIO RICHARDS-DIAZ, Petitioner-Appellant,v.ADELE J.…
Hollis v. Hill Page 29343
232 F.3d 460 (5th Cir. 2000) JAMES P. HOLLIS, Plaintiff-Appellee,v.DAN H.…
234 F.3d 1162 (11th Cir. 2000) NED L. SIEGEL, GEORGETTE SOSA DOUGLAS, et al., Plaintiffs-Appellants,v.THERESA LEPORE, CHARLES E.…
234 F.3d 1130 (11th Cir. 2000) ROBERT C. TOUCHSTON, DEBORAH SHEPPERD, et al., Plaintiffs-Appellants,v.MICHAEL MCDERMOTT, in his official capacity as a member of the County Canvassing Board of Volusia County, ANN MCFALL, in her official capacity as a member of the County Canvassing Board of Volusia County, et al.…
Franca C. Monasteri (“petitioner”) seeks review of the final order of the Merit Systems Protection Board (“Board”) dismissing her appeal for lack of jurisdiction.…
United States v. Subir Chaklader Page 29389
Defendant-Appellant Subir Chaklader appeals from an April 26,1999 judgment of conviction and sentence entered by the district court (Barbara S.…
United States v. Christopher Joseph Ecker Page 29391
Defendant Christopher Joseph Ecker appeals (1) from a February 22, 2000 order of the United States District Court for the Western District of New York, Richard J.…
233 F.3d 157 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee-Cross-Appellant,v.JOSEPH W.…
Estevan Gonzales v. Frank Elo, Warden Page 29507
OPINION Petitioner, Estevan Gonzales, appeals from the district court’s order denying his petition for a writ of habeas corpus brought pursuant to 28 U.S.C.…
Tinoqui-Chalola Council of Kitanemuk & Yowlumne Tejon Indians v. United States Department of Energy Page 29509
The Southwest Center for Biological Diversity and the Sierra Club (collectively “Southwest”) challenge the legality of the *1302Department of Energy’s (“DOE”) sale of Elk Hills to Occidental Petroleum (“Occidental”).…
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KING joined.…
Hamilton v. Segue Software Inc. Page 29511
Plaintiff-Appellant Randall Hamilton appeals the district court’s grant of summary judgment in favor of Defendants-Appellees, Segue Software, Inc. and Steve Butler, President and Chief Executive Officer of Segue Software, Inc. For the following reasons, we AFFIRM.…
Defendant-Appellant Parish of Jefferson, Louisiana (“Parish”) appeals the district court’s grant of a permanent injunction in favor of Plaintiff-Appellee Groome Resources Ltd., L.L.C.…
United States v. Garcia-Lopez Page 29513
Andres Fernando Gareia-Lopez appeals from his conviction and sentence for knowing travel in foreign commerce by a permanent resident alien for the purpose of engaging in a sexual act with a juvenile in violation of 18 U.S.C.…
Claybran Powell, Jr. v. United States Page 29514
Claybran Powell, Jr. appeals the order of the District Court 2 denying his 28 U.S.C.…
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-4308 ___________ Jaye B.…
United States v. Jones Page 29518
234 F.3d 234 (5th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.NAPOLEON JONES, Defendant-Appellant.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.EDUARDO GABRIEL DANIEL, Defendant-Appellant.…
United States v. Cryar Page 29519
Mr. John Garland Cryar was indicted in the Western District of Oklahoma on four counts: (1) counts one and three charged that on two occasions in June 1999, Mr. Cryar crossed the state line between Texas and Oklahoma with the intent to engage in a sexual act with a six-year old girl in violation of 18 U.S.C.…
ORDER This appeal having come on for oral argument before the en banc Court on October 31, 2000, pursuant to Order of September 8, 2000, by which the panel opinion of June 27, 2000, 217 F.3d 193, was *928 vacated and en banc consideration was granted, IT IS ORDERED, by virtue of an equally divided vote of the active…
Appellant Carmen Zamoran-Coronel appeals the district court’s 1 ruling that she voluntarily consented to a search of her car.…
Burks v. Apfel Page 29522
The Commissioner of Social Security appeals the district court’s order reversing the decision of the administrative law judge (ALJ), finding that plaintiff Vergie Burks was not entitled to Social Security widow’s insurance benefits under Title II of the Social Security Act, 42 U.S.C.…
Henry Ford Health System v. Donna E. Shalala, Secretary, Department of Health and Human Services Page 29530
OPINION This case concerns the amount of reimbursement that the Medicare program should pay Henry Ford Health Systems for outpatient hospital services furnished to Medicare patients in Henry Ford’s fiscal years ending 1989, 1990, and 1992.…
United States v. Harvey Lloyd Napier Page 29531
OPINION Defendant-Appellant Harvey Lloyd Napier appeals his conviction under 18 U.S.C.…
OPINION Deborah Jahn owned a champion Hackney pony named Night Passage.…
United States v. Dwayne Harold Smith Page 29534
A jury convicted Dwayne Harold Smith of violating 18 U.S.C.…
Stanley Russell Scales, Jr. (“Petitioner”), petitions for review of a decision of the Board of Immigration Appeals (“BIA”), dismissing his appeal from a final order of deportation.…
Steve Myrvang and Joanne Myrvang (collectively “the Myrvangs”) appeal from the district court’s order affirming the bankruptcy court’s ruling that Mr. Myr-vang’s debt to his former spouse June Cotner Graves is nondisehargeable.…
Pankaj Karan Singh Kataria, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal.…
United States v. Savinon-Acosta Page 29540
This appeal concerns the validity of a guilty plea challenged for the first time on appeal.…
This is an appeal from a jury verdict in a civil rights action brought under 42 U.S.C.…
JVC Company of America (“JVC”) appeals from the decision of the United States Court of International Trade denying JVC’s motion for summary judgment and granting the government’s cross-mo *1350 tion for summary judgment that United States Customs Service (“Customs”) properly classified JVC’s imported video camera…
Plaintiff Janice E. Palesch appeals from the District Court’s 4 entry of summary judgment as to her claims of: (1) race and sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C.…
We first sampled this attorney’s fees case in Connolly v. National Sch.…
When Internet start-up Natural Answers, Inc. began marketing a line of herbal products called Herbscriptions, we assume it hoped to avoid getting embroiled in a nasty court fight, especially one with a global pharmaceutical giant like the Eli Lilly company.…
An old Chinese proverb holds that to chop a tree down quickly, spend twice the time sharpening your ax.…
Johnny Outlaw was convicted in Illinois court of murder, armed robbery, and burglary.…
Opinion for the court filed by Circuit Judge GINSBURG.…
Opinion for the Court filed by Circuit Judge ROGERS.…
Atlas Air, Inc. v. Air Line Pilots Ass'n Page 29552
Opinion for the Court filed by Circuit Judge SENTELLE.…
Jackson v. Barnhart Page 29553
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, JONES and BENAVIDES, Circuit Judges.…
The Florida Department of Corrections appeals the district court’s grant of a writ of habeas corpus to Kris Edward Helton.…
Gallo-Chamorro v. United States Page 29555
Joaquin Osvaldo Gallo-Chamorro appeals the denial of his 28 U.S.C.…
United States v. Johanna Isabel Camacho Page 29557
Appellant Johanna Isabel Camacho appeals her conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C.…
Tyler v. RE/MAX Mountain States, Inc. Page 29558
This case requires us to review the trial court’s denial of defendant’s motion for judgment as a matter of law, pursuant to Federal Rule of Civil Procedure 50(b), after an adverse jury verdict.…
Berton Dulce v. Jules Dulce Page 29559
Plaintiff Berton Dulce obtained a judgment against defendant Jules Dulce in the District Court for the Eastern District of New York (Nickerson, /.).…
Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.…
United States v. Sevick Page 29576
Defendant-Appellant Vincent J. Sevick appeals his conviction and sentence resulting from his guilty plea to one count of conspiracy to possess with intent to distribute and distribution of marijuana in violation of 21 U.S.C.…
OPINION After declaring bankruptcy, the plaintiffs brought the present action against a secured creditor that had solicited a “reaffirmation agreement” from them while the bankruptcy proceedings were pending.…
United States v. Keenan Kester Cofield Page 29584
OPINION Keenan Kester Cofield appeals the revocation of his supervised release, imposed after his 1991 conviction for wire fraud in violation of 18 U.S.C.…
United States v. Eric John Moerman Page 29587
dissenting. This appeal illustrates how the Sentencing Guidelines frequently draw distinctions without differences.…
Following a paternity lawsuit, a state court found John Richard Kemp, Jr., is the natural father of Melinda Williams’s son, Matthew.…
This difficult case presents the question whether the landlord or the tenant should bear the cost of replacing a failed heating, ventilation and air conditioning (“HVAC”) system in a commercial building located in Boxborough, Massachusetts.…
United States v. Smith, Antonione Page 29611
Opinion for the Court filed by Chief Judge HARRY T.…
United States v. Ortega-Jimenez Page 29616
The United States appeals the district court’s order suppressing evidence.…
United States v. Tracy Lee Page 29619
Tracy Lee was found guilty by a jury on one count of abusive sexual contact and was sentenced by the district court 1 to thirty months’ imprisonment.…
Container Applications International, Inc. (“CAI”) appeals from a' summary judgment granted by the bankruptcy court, and affirmed by the district court, in favor of Lykes Bros.…
233 F.3d 1331 (11th Cir. 2000) OZIE BOWEN, on behalf of himself and all others similarly situated, Plaintiffs-Appellants,v.FIRST FAMILY FINANCIAL SERVICES, INC., Defendant-Appellee.…
J.A.M. Builders, Inc. v. Alexis Herman Page 29622
J.A.M. Builders, Inc., (“J.A.M.”) petitions for review of a final decision of the Occupational Safety and Health Review Commission (the “Commission”) affirming the administrative law judge’s (“ALJ”) finding that it willfully violated a safety regulation promulgated pursuant to the Occupational Safety and Health Act…
Donald C. Maynard appeals the district court’s grant of judgment as a matter of law to Pneumatic Products Corporation (“Pneumatic”).…
United States v. Martinez-Villalva Page 29625
Defendant pleaded guilty to and was convicted of one count of illegal reentry following deportation, in violation of 8 U.S.C.…
Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KEELEY joined.…
United States v. Zaferino Quintela Munoz Page 29643
KENNEDY, J., delivered the opinion of the court, in which MERRITT, J., joined.…
233 F.3d 164 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.MAURIZIO PERCAN, EILEEN KALUST, JOSE DIAZ, RADHAMES MELO, aka "Radmes", aka "Raymond", aka "Radhmes", aka "Melo", aka "Radhmes", aka "Ernesto", aka "Rhadames", ELIAS ABREU, aka "Albino", aka "Roberto Abreu", ALL IN ONE AUTO Defendants,ROBERTO ACOSTA…
United States v. Richard C. Ventrilla Page 29646
Appellant Richard Ventrilla appeals from a sentence imposed by the United States District Court for the Western District of New York (Elfvin, J.).…
United States v. Hector Pena, AKA Junior Perez Cabral Plinio Guerra Jesus Mueses, AKA Eddy Paredes Page 29647
I. BACKGROUND Jesus Muéses (“defendant”) was indicted on two counts of a multi-count, multi-de-fendant indictment, charging him with conspiracy to distribute and to possess with *172 intent to distribute heroin in violation of 21 U.S.C.…
In the Matter of Bryan Eugene Woods Debtor Bryan Eugene Woods v. United Student Aid Funds, Inc Page 29648
Appellant Bryan Eugene Woods appeals the district court’s grant of summary judgment in favor of Appellee United Student Aid Funds, Inc. For the following reasons, we AFFIRM.…
Thomas v. Great Atlantic & Pacific Tea Co. Page 29652
Plaintiff-Appellant Rose M. Thomas (“Thomas”), the mother of five-year-old Erica Renee Thomas who was killed by a drunk driver late one afternoon, brought this “dram shop” action against Defendant-Appellee The Great Atlantic & Pacific Tea Co., Inc. (“Sav-A-Center”), a retail business that sold alcoholic beverages to…
Plaintiff Texas Community Bank lent money to two companies that operated several nursing homes in Missouri.…
Stanley Pruitt appeals from the district court’s 1 judgment resentencing him but otherwise denying his petition for habeas corpus pursuant to 28 U.S.C.…
232 F.3d 943 (8th Cir. 2000) NEW WORLD COMMUNICATIONS, DOING BUSINESS AS WDAF FOX 4 OF KANSAS CITY, INC., PETITIONER,V.NATIONAL LABOR RELATIONS BOARD, RESPONDENT,AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, INTERVENOR ON APPEAL.NEW WORLD COMMUNICATIONS, DOING BUSINESS AS WDAF FOX 4 OF KANSAS CITY, INC.…
This is an expedited appeal of the District Court’s denial of a Petition for Return of Children under the Convention on the Civil Aspects of International Child Abduction (the “Hague Convention” or “the Convention”).…
This case requires us to address the following issue of first impression in this Circuit: May a federal prisoner utilize the “savings clause” of 28 U.S.C.…
Linda Meister is a civilian state employee of the Texas Adjutant General’s Office.…
United States v. Evan Woods Page 29706
On September 28, 1993, Evan Woods was charged in a two-count indictment in the Northern District of Illinois with: 1) being a felon in possession of a firearm in violation of 18 U.S.C.…
These are diversity suits brought in the federal district court in Chicago by Lloyd’s, a foreign corporation (see Haynsworth v. The Corporation, 121 F.3d 956, 958 (5th Cir.1997)), against American members (“names”) of insurance syndicates that Lloyd’s manages.…
Thomas Louden brought this 42 U.S.C. § 1983 action against Minneapolis Police Officer Brenda Perry and the City, claiming that Perry had violated his constitutional rights and state law after she responded to a call from a tenant whom he was trying to evict.…
Glb Enterprises, Inc. v. United States Page 29710
This is an appeal by the United States following a jury verdict for GLB Enterprise, Inc., (GLB) awarding a refund on the payment of excise taxes.…
United States v. Roy Lee Russell Page 29711
Roy Lee Russell appeals his conviction for obstructing justice in violation of 18 U.S.C.…
United States v. Clifton S. Corey Page 29712
232 F.3d 1166 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.CLIFTON S.…
United States v. Roy Neset Page 29714
235 F.3d 415 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,V.ROY NESET, APPELLANT.…
Bayou Fleet, Inc. v. Alexander Page 29718
Appellant Bayou Fleet, Inc. appeals from the district court’s order granting Mary and Neal Clulee’s motion to amend the partial final consent judgment and the district court’s final judgment dismissing Bayou Fleet’s claims with prejudice.…
United States v. John Doe Page 29719
Appellant John Doe (a pseudonym) claims the government breached his plea agreement by failing to recommend a lower sentence in return for his disclosure of a considerable amount of useful information about other individuals’ drug dealing.…
Consumers Union of United States, Inc. (“Consumers Union”) is a not-for-profit corporation that regularly conducts performance testing of consumer products.…
This appeal involves a claim of qualified immunity and grows out of the following facts.…
Goya Foods, Inc. v. Unanue-Casal Page 29724
This ease involves an effort by a judgment creditor to reach both certain assets of the debtor nominally owned by the debt- or’s wife, and all assets owned by the debtor’s alleged corporate “alter ego,” Kal-if Trading, Inc. The judgment creditor is Goya Foods, Inc., a major business founded in the 1930s which is now a…
United States v. Metzger Page 29763
We consider whether a “bodily injury” enhancement may be applied pursuant to United States Sentencing Guidelines § 2B3.1(b)(3)(B) to increase a defendant’s sentence where the relevant injury was inflicted by a police officer.…
United States v. Carl Eugene Stephens Page 29765
232 F.3d 746 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.CARL EUGENE STEPHENS, Defendant-Appellant.…
The State of Washington (“Washington”) appeals the district court’s grant of habeas corpus relief to Stephen Whelchel (‘Whelchel”) who was convicted in state court of first-degree murder.…
An employee who fails to report to work for three consecutive days and does not notify the company by the beginning of the scheduled starting time on the third day is in trouble under Article 16(d) of the collective bargaining agreement between United Parcel Service and the Teamsters Union.…
This case requires us to examine the nuances of the “informal claim” doctrine.…
234 F.3d 863 (5th Cir. 2000) J R STRIPLING; ROSSON EXPLORATION COMPANY; WILLIAM G BOWEN; BROOKHAVEN PUMP & SUPPLY COMPANY, Plaintiffs - Appellants,v.JORDAN PRODUCTION COMPANY, LLC, Defendant - Appellee,J R STRIPLING; ROSSON EXPLORATION COMPANY; WILLIAM G BOWEN; BROOKHAVEN PUMP & SUPPLY COMPANY, Plaintiffs -…
Plaintiff-appellant Dennis James appeals from the district court’s grant of summary judgment to defendant-appellee New York Racing Association (“NYRA”).…
232 F.3d 1380 (Fed. Cir. 2000) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., LONG ISLAND LIGHTING COMPANY, ORANGE AND ROCKLAND UTILITIES, INC., SAN DIEGO GAS & ELECTRIC COMPANY, SOUTHERN CALIFORNIA EDISON COMPANY, PACIFIC GAS & ELECTRIC COMPANY, INTERNATIONAL PAPER COMPANY, CHAMPION INTERNATIONAL CORPORATION…
DECISION LSI Industries, Inc. (“LSI”) appeals the September 17, 1999 final judgment of the United States District Court for the Southern District of Ohio dismissing its complaint against Hubbell Lighting, Inc. (“Hubbell”) pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction.…
233 F.3d 1376 (Fed. Cir. 2000) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., LONG ISLAND LIGHTING COMPANY, ORANGE AND ROCKLAND UTILITIES, INC., SOUTHERN CALIFORNIA EDISON COMPANY, PACIFIC GAS & ELECTRIC COMPANY, SAN DIEGO GAS & ELECTRIC COMPANY, INTERNATIONAL PAPER COMPANY, FEDERAL PAPER BOARD COMPANY INC.…
OPINION Plaintiff William A. Cohn 1 appeals summary judgment for Defendants National Board of Trial Advocacy and John Does 1 to 20, members of the board’s Review *703 Standards Committee (collectively “NBTA”).…
Plaintiff/appellant Orla Lybrook, a teacher, brought this action against various school officials of the Farmington Municipal Schools (“the School”).…
The question presented is whether the District Court properly dismissed plaintiff-appellant’s complaint on the ground that its antitrust claims were compulsory counterclaims that had to be raised in a previous patent infringement suit.…
234 F.3d 298 (6th Cir. 2000) Medical Mutual of Ohio, Plaintiff-Appellee,v.Denise deSoto; Jose deSoto, Defendants-Appellants.…
Faye D. Copeland was convicted of five counts of first degree murder on a theory of accomplice liability in state court.…
Augustine Gutierrez v. James M. Schomig Page 29972
Augustine Gutierrez seeks review of the district court’s judgment dismissing his petition for a writ of habeas corpus as untimely under 28 U.S.C.…
United States v. Diego Albarran Page 29973
Diego Albarran was convicted of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine.…
United States v. Ramon L. Cruz Page 29974
The defendant was sentenced to 75 months in prison for possession with intent to distribute 156 grams of heroin.…
Dwayne Walker was a prisoner who suffered from a variety of serious illnesses.…
Terry C. Johnson v. Debbie Stovall Page 29976
Mr. Terry Johnson, an Illinois state prisoner, filed this suit pro se under 42 U.S.C.…
An innocent bystander was killed in the crossfire of a shootout between two rival gangs.…
234 F.3d 558 (Fed. Cir. 2000) FESTO CORPORATION, Plaintiff-Appellee,v.SHOKETSU KINZOKU KOGYO KABUSHIKI CO., LTD., a/k/a SMC CORPORATION, and SMC PNEUMATICS, INC., Defendants-Appellants.…
Gschwind v. Cessna Aircraft Co. Page 30141
Plaintiff-Appellant Virginie Gschwind appeals from the district court’s denial of her FED.R.Crv.P.…
Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Senior Judge HAMILTON joined.…
Moore v. Willis Independent School District Page 30150
233 F.3d 871 (5th Cir. 2000) NANCY MOORE and GARRY MOORE, As Next Friends of Aaron Moore;Plaintiffs-Counter Defendants-Appellants,v.WILLIS INDEPENDENT SCHOOL DISTRICT and ALAN BEENE, Defendants-Counter Plaintiffs-Appellees.…
Opinion for the Court filed by Circuit Judge ROGERS.…
Redd, Trayon v. Summers, Lawrence H. Page 30152
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Billington v. U.S. Department of Justice Page 30153
Opinion for the Court filed by Circuit Judge RANDOLPH.…
Megwinoff v. Banco Bilbao Vizcaya Page 30155
Olga Andreu Megwinoff worked for Banco Bilbao Vizcaya from 1992 to 1997.…
Oken v. Warden, MSP Page 30157
This case presents an issue of first impression: whether state post-conviction review proceedings must comply with certain procedures under the Confrontation and Due Process clauses of the United States Constitution.…
MacDonald v. Cohen Page 30158
This appeal stems from a disability-discrimination suit brought by William MacDonald, who suffers from cerebral palsy.…
233 F.3d 60 (1st Cir. 2000) BOSTON EDISON COMPANY, Petitioner,v.FEDERAL ENERGY REGULATORY COMMISSION, Respondent.NEW ENGLAND POWER COMPANY, Intervenor.…
In 1973 Dr. Maria Virginia Hernandez-Loring was first employed as a teacher in the Ana G.…
Raineri v. United States Page 30161
The federal courts historically have been solicitous of the rights of pro se litigants.…
United States v. Rafael Garcia-Valenzuela Page 30163
The district court denied the government’s motion to dismiss several counts of the indictment against defendant.…
232 F.3d 979 (9th Cir. 2000) KNEVELBAARD DAIRIES, a general partnership consisting of JOHN KNEVELBAARD and SAM KNEVELBAARD, general partners, Plaintiffs-Appellants,v.KRAFT FOODS, INC., a Delaware corporation; ALPINE LACE BRANDS, INC., a Delaware corporation; BORDEN, INC., a New Jersey corporation; the NATIONAL CHEESE…
United States v. Ralph Arvizu Page 30165
ORDER The Opinion filed July 7, 2000 is amended as follows: 1.217 F.3d at 1230, immediately following the first full paragraph, insert the following paragraph: “‘What factors law enforcement officers may consider in deciding to stop and question citizens minding their own business should, if possible, be carefully…
OPINION OF THE COURT This appeal involves two separate legal malpractice actions filed after the commencement of the bankruptcy case.…
United States v. Bowie, Juan Page 30170
Opinion for the Court filed by Circuit Judge RANDOLPH.…
United States v. Dale W. Berthiaume Page 30173
Appellant Dale W. Berthiaume pleaded guilty to one count of distributing methamphetamine in violation of 21 U.S.C.…
United States v. Helen Bass Page 30175
This appeal from a sentence for violation of conditions of supervised release presents a novel question under the federal sentencing guidelines.…
233 F.3d 809 (3rd Cir. 2000) In Re: Mary Nell Collins, Individually and as Personal Representative of the Heirs and Estate of Carl Gene Collins, Deceased,In Re: Barbara and Frederick Hoffman,In Re: Marjorie Peuffier, Individually and as Personal Representative of the Heirs and Estate of Robert Peuffier, Deceased…
State Auto Ins. Companies v. Summy Page 30177
234 F.3d 131 (3rd Cir. 2000) STATE AUTO INSURANCE COMPANIES,V.ERIC SUMMY; JEFFREY ENCK, TRADING AS E & J RENTALS; BRYANT DIXON, A MINOR BY AND THROUGH HIS PARENT AND NATURAL GUARDIAN, SHAWNA DIXON; SHAWNA DIXON, ERIC SUMMY; JEFFREY ENCK, TRADING AS E & J RENTALS, APPELLANTS No. 00-1116 UNITED STATES COURT OF…
In Re: Cendant Corp Prides Litigation Page 30203
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 12-1-2000 In Re: Cendant Corp Prides Litigation Precedential or Non-Precedential: Docket 00-1822 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "In Re: Cendant Corp…
233 F.3d 783 (3rd Cir. 2000) LEROY BUHL, Appellantv.MR.…
OPINION OF THE COURT I. Facts. .208 II. Procedural History .…
Gary L. Rowe v. The Marley Company, and Marley Pump Company United Dominion Industries, Incorporated Page 30353
Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge MICHAEL and Judge KING joined.…
Enforcement granted in part, denied in part, and remanded by published opinion.…
233 F.3d 538 (8th Cir. 2000) CAROL CLUNE; PAUL L.…
Euka Wadlington was convicted of conspiracy to possess and distribute cocaine and cocaine base and attempted distribution of cocaine.…
United States v. Eric R. Meyer Page 30452
Two years ago, this court reversed Eric Meyer’s conviction for conspiracy to distribute a controlled substance and granted *321 him a new trial based on an instructional error.…
United States v. Richard Pergler Page 30453
Richard Pergler was convicted of mail fraud, money laundering, and submitting false claims in connection with a scheme to fraudulently bill Medicare for incontinence products.…
Jack Jay worked for Intermet Wagner, Inc. as a millwright, repairing and maintaining equipment, most of which was accessible only by climbing ladders and stairs.…
Gebbia v. Wal-Mart Stores, Inc. Page 30455
Plaintiff-Appellant Catherine Gebbia (“Plaintiff’) appeals the district court’s denial of her motion to remand.…
OPINION Petitioner, Mahin Ashki, challenges a final order of the Board of Immigration Appeals (“Board” or “BIA”) denying her motion to reopen deportation proceedings for the purpose of applying for suspension of deportation pursuant to section 244 of the Immigration and Nationality Act (INA), 8 U.S.C.…
A member of this court in active service having requested a poll on whether rehearing should be granted, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc.…
Robertson v. Cockrell Page 30461
Petitioner Mark Robertson moves this Court for a certificate of appealability with respect to the district court’s dismissal of his 28 U.S.C.…
Larry Meuwissen v. Department of Interior Page 30462
Larry Meuwissen petitions for review of the final decision of the Merit Systems Protection Board (“the Board”) dismissing his Individual Right of Action (“IRA”) appeal filed pursuant to 5 U.S.C.…
The Rio Grande, El Paso and Santa Fe Railroad Company and the Burlington and Santa Fe Railway Company (collectively, “Santa Fe”) 1 appeal the decision of the United States District Court for the District of Columbia upholding the denial by the Office of Hearings and Appeals (“OHA”) of the Department of Energy (“DOE”)…
Clyde M. Kellogg (Kellogg) appeals the district court’s 1 order granting summary judgment to Union Pacific Railroad (Union Pacific) on his claim of discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C.…
Mark Andy, Inc. v. Hartford Fire Insurance Page 30699
United States Court of Appeals FOR THE EIGHTH CIRCUIT ________________________ Nos. 99-2942EM, 99-2943EM _________________________ _____________ * * No. 99-2942EM * _____________ * * Mark Andy, Inc., * * Plaintiff-Appellee, * * v. * * Hartford Fire Insurance Company, * * Defendant-Appellant, * On Appeal from the…
Plaintiffs-Appellants, various investors in financial transactions dependent on future insurance commissions, appeal from the district court’s order granting summary judgment for the Defendant Appel-lee, American Guarantee and Liability Insurance Company (“American Guarantee”).…
OPINION OF THE COURT Section 4B1.1 of the United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) provides for increased or enhanced sentences for career offenders.…
Campbell v. Davidson Page 30713
The Secretary of State for the State of Colorado (“State”) appeals the district court’s grant of summary judgment which *1231 held that the State’s imposition of additional qualifications on a person seeking federal office violated Article I, § 2, cl.…
This appeal is about the scope and amount of an attorney fee award granted pursuant to 42 U.S.C.…
Regenia G. Townsel v. State of Missouri Page 30716
Regenia Townsel appeals the District Court’s 1 adverse grant of judgment on the pleadings in her suit under the Family Medical Leave Act (FMLA) against her former employer, the State of Missouri.…
Ayres v. General Motors Corp. Page 30719
This is an interlocutory appeal by Defendants-Appellees General Motors Corporation (“General Motors”) and Delco Electronics Corporation (“Delco”) of the district court’s denial of their motion for summary judgment.…
United States v. Concha Page 30723
Joseph Santana Concha was convicted of assault and of being a felon in possession of a firearm.…
Nuckols v. Gibson Page 30724
In this appeal, Kenneth F. Nuckols (Petitioner) contends the United States District Court for the Western District of Oklahoma erred in denying a writ of habe-as corpus that would have effectively vacated his state conviction for first degree murder.…
233 F.3d 981 (7th Cir. 2000) Commodity Trend Service, Inc., Plaintiff-Appellant,v.Commodity Futures Trading Commission, Defendant-Appellee.Commodity Futures Trading Commission, Petitioner-Appellee,v.Dennis Blitz and Nick Van Nice, Respondents-Appellants.In Re: CTS Financial Publishing, Inc., f/k/a Commodity Trend…
In re: Albrecht v. Page 30762
The law firm of Pachulski, Stang, Ziehl, & Young, P.C.…
Mark Mason is a black man who worked as a dispatcher (or “telecommunicator”) for the Department of Public Safety (the campus police) at Southern Illinois University (SIU).…
On September 27, 1997, DuPage County Sheriffs Deputy Lance Todd responded to a complaint of barking dogs on Tuthill Road in Naperville, Illinois.…
Shipp v. McMahon Page 30766
ON PETITION FOR REHEARING Before POLITZ and STEWART, Circuit Judges, and LITTLE * , District Judge.…
Crawford v. Formosa Plastics Corp. Page 30768
Merlon Crawford filed suit alleging that his reassignment by his employer, Formosa Plastics Corporation, constituted disparate treatment resulting from: (1) age discrimination, in violation of the Age Discrimination in Employment Act, see 29 U.S.C.…
United States v. Urrabazo Page 30769
A jury convicted Appellant Richard Ur-rabazo of seven counts of sexual misconduct in a federal prison.…
234 F.3d 642 (Fed. Cir. 2000) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., NEW YORK POWER AUTHORITY, NIAGARA MOHAWK POWER CORPORATION, ROCHESTER GAS AND ELECTRIC CORPORATION, ARIZONA PUBLIC SERVICE CORPORATION, COMMONWEALTH EDISON COMPANY, DUKE ENERGY CORPORATION, ENTERGY GULF STATES, INC., FLORIDA POWER…
United States v. Fabian Barrios-Gutierrez Page 30773
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
United States v. Conrado Sesma-Hernandez Page 30774
ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, 1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
233 F.3d 886 (5th Cir. 2000) ROBERT WILKERSON, Petitioner-Appellant,v.BURL CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.…
Burdine v. Johnson Page 31036
ON PETITION FOR REHEARING EN BANC Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M.…
State Farm Mutual Automobile Insurance Company v. Leonard Coviello Mary Coviello, H/w Ann Coviello Page 31052
OPINION OF THE COURT I. Introduction In this appeal we address the arbitrability of a dispute regarding coverage under an automobile insurance policy.…
Richard Ruiz and Foundation Anchoring Systems, Inc., Plaintiffs-Cross v. A.B. Chance Company Page 31116
The A.B.» Chance Company (“Chance”) appeals the decision of the United States District Court for the Eastern District of Missouri finding claims 1 through 4 and claims 6 through 8 of U.S. Patent Nos. 5,139,368 (“the '368 patent”) and 5,171,107 (“the '107 patent”) invalid for obviousness under 35 U.S.C.…
United States v. Ralph Wayne Angle Page 31128
Following a four-day bench trial, Defendant Ralph Angle was convicted of several crimes relating to his interest in child pornography and his pursuit of a minor for sexual gratification.…
Russell v. McKinney Hosp. Venture Page 31129
235 F.3d 219 (5th Cir. 2000) SANDRA RUSSELL, Plaintiff-Appellant,v.MCKINNEY HOSPITAL VENTURE, a joint venture of Parkway Hospital, Inc. and NTMC Venture, Inc., d/b/a Columbia Medical Center of McKinney, d/b/a Columbia Homecare ofMcKinney; NTMC VENTURE, INC., d/b/a Columbia Medical Center of McKinney; COLUMBIA HOMECARE…
Pursuant to a certificate of appealability, petitioner Willie DeLeon appeals from a judgment of the United States District Court for the Southern District of New York (Scheindlin, J.), dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C.…
BACKGROUND A tragic accident occurred on June 25, 1996.…
Stephen Simon, an Individual and as Assignee of Assignors v. Value Behavioral Health, Inc. Page 31135
ORDER The opinion filed March 17, 2000, appearing at 208 F.3d 1073, (9th Cir.2000), is amended as follows: Page 1076, caption: change Defendants-Appellants to Defendants-Appellees, and add Specialty Medical Clinic, Inc. and Specialty Medical Clinic Inc. Employee Benefit Plan at the end of the list of…
ORDER The opinion filed October 26, 2000, is hereby amended as follows: The slip opinion at 13486, lines 1-2, after the sentence that reads: “Because waiver is an equitable doctrine, Turner argues, the ‘gist’ of Wyler Summit’s claim is equitable.” [ADD TWO NEW PARAGRAPHS ]: Initially, Turner points to some 19th…
United States v. Ian Martin Lynch Page 31137
Ian Martin Lynch appeals his conviction under 16 U.S.C.…
PER CURIAM Opinion; Concurrence by Judge TASHIMA Petitioner Anthony Lewis Whalem/Hunt is serving a life sentence with possibility of parole based on his conviction in California state court for carjacking, kidnapping for ransom, and kidnapping for carjacking.…
Padilla v. School District No. 1 Page 31148
Plaintiff, a minor with physical and developmental disabilities, formerly attended school in Denver School District No. 1.…
United States v. Allen Page 31149
Defendant Allen appeals his conviction in the United States District Court for the District of Kansas on three counts of possession of crack-cocaine with the intent to distribute and one count of carrying a firearm in connection with a drug trafficking charge.…
235 F.3d 749 (2nd Cir. 2000) KIA P., individually and on behalf of Mora P., an infant, and MORA P., Plaintiffs-Appellants,v.ROSEMARY MCINTYRE, individually and as caseworker, Child Welfare Administration, DORAN DELAMOTHE, individually and as supervisor, Child Welfare Administration, BARBARA SABOL, individually and as…
*175 Vacated and remanded by published opinion.…
United States v. Henry Peterson Page 31157
233 F.3d 101 (1st Cir. 2000) UNITED STATES OF AMERICA, Plaintiff, Appellee,v.HENRY PETERSON, Defendant, Appellant.…
Daniel Athey was injured in December 1993 when his automobile was hit by Robert Hajek, who had failed to stop at a stop sign and was underinsured.…
Donald L. Marx v. Anthony Gammon Page 31159
The defendant in this case appeals from the dismissal of his habeas corpus petition under 28 U.S.C.…
United States v. Conrado Garcia-Guizar Page 31163
ORDER The opinion filed in this matter on September 20, 2000, and reported at 227 F.3d 1125, is amended as follows: At 227 F.3d at 1127, delete the last sentence of the second paragraph of the opinion (beginning “We do not notice ...”).…
David Munoz, Bennie McGregor, and Donald Thomson appeal their convictions and sentences for mail fraud and aiding and abetting under 18 U.S.C.…
United States v. Kyllo Kendall Penn Page 31166
This appeal involves an inventory search of the contents of a vehicle that was being driven by Kyllo Penn without proof of insurance and that, pursuant to Portland municipal law and police department policy, had to be impounded.…
United States v. Michael Leon Bradley Page 31170
Michael Leon Bradley was arrested and charged with possession of methamphetamine.…
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER joined.…
Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WILKINS and Judge TRAXLER joined.…
Griel v. Franklin Medical Center Page 31173
In this employment discrimination action, appellant Dolores Griel alleges that she was wrongfully terminated as a nurse in the critical care unit of appellee Franklin Medical Center.…
Berezin v. Regency Savings Bank Page 31174
Herbert Berezin appeals from the judgment of the district court dismissing his complaint against Regency Savings Bank (“Regency”).…
This is an appeal from a jury verdict in the District of Maine finding that appellants U-Haul International and U-Haul Company of Maine unlawfully terminated appellee Karen Romano on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964 and the Maine Human Rights Act.…
United States v. Cesar R. Castro-Gomez Page 31176
Appellant César R. Castro-Gómez appeals the denial by the district court of his motion to withdraw his guilty plea.…
United States v. Baldyga Page 31177
In March, 1999, a jury convicted Gerald Baldyga of four counts of possession of cocaine with intent to distribute and distribution of cocaine, in violation of 21 U.S.C.…
This appeal, which arises out of a February 1997 gasoline spill in Maine’s Portland Harbor, requires us to interpret both historic and contemporary maritime law in the United States.…
Apple Computer, Inc. v. Articulate Systems, Inc., Defendant-Cross v. Dragon Systems, Inc. Page 31213
DECISION Apple Computer, Inc. (“Apple”) appeals the summary judgment of the United States District Court for the Northern District of California, invalidating U.S. Patent No. 5,469,540 (“the '540 patent”), issued November 21, 1995 and assigned to Apple.…
James T. Hannon v. Department of Justice Page 31214
This petition for review challenges the decision of the Merit Systems Protection Board (“Board”), sustaining the agency’s determination that the petitioner was not a law enforcement officer and therefore was not entitled to enhanced retirement benefits under 5 U.S.C.…
In January 1995 Apex Automotive Warehouse, a wholesaler of auto parts, purchased from WSR Corporation the stock of Whitlock Corporation, a retailer of auto parts.…
Jeffrey N. Labonte v. United States Page 31231
The Internal Revenue Service levied property owned by the plaintiff, Jeffrey LaBonte.…
United States v. Catalino Rosario Page 31232
Catalino Rosario, Porfirio Rivera, and Frank Vargas were indicted on two counts of conspiracy to distribute cocaine and attempted possession of cocaine with intent to distribute it in violation of 21 U.S.C.…
George Reddy Ambati and his son, Pra-naykumar Ambati (“Pranaykumar”), practicing Christians and natives and citizens of India, seek review of the decision of the Board of Immigration Appeals (“BIA”) dismissing their appeals.…
Preston v. Gibson Page 31235
Appellant Gary Ray Preston, an Oklahoma state prisoner appearing pro se, seeks a certificate of appealability (“COA”) after the district court dismissed his 28 U.S.C.…
United States v. Timothy Gordon Faasse Page 31238
ORDER A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc.…
Smith v. Union Pacific Railroad Page 31269
This action was brought by Samuel Smith under the Federal Employers’ Liability Act (FELA), 45 U.S.C.…
United States v. Williams, Gregory Page 31270
Opinion for the Court filed by Circuit Judge RANDOLPH.…
Opinion for the Court filed by Senior Circuit Judge SILBERMAN.…
United States v. Glen Scott Snow Page 31272
OPINION Glen Scott Snow pleaded guilty in the Western District of Virginia to being a felon in possession of a firearm, and he was sentenced to thirty-seven months’ imprisonment.…
United States v. Juan Causor-Serrato Page 31293
A jury convicted Juan Causor-Serrato of conspiracy to distribute methamphetamine in violation of 21 U.S.C.…
I. FACTS Mr. Cortez-Acosta, a resident alien, was ordered in December 1994 to show cause why he should not be deported.…
United States v. Maurillo Rojas-Millan Page 31295
234 F.3d 464 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.MAURILLO ROJAS-MILLAN, Defendant-Appellant.…
Moses Corona-Sanchez pled guilty to illegally reentering the United States after deportation in violation of 8 U.S.C.…
United States v. Jody Myesha Orso Page 31299
234 F.3d 436 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JODY MYESHA ORSO, Defendant-Appellant.…
United States v. Garay Page 31304
Defendant-Appellant Rodolfo Antonio Garay (“Garay”) challenges the sentence imposed by the district court after his conviction for being an alien unlawfully found in the United States following deportation, in violation of 8 U.S.C.…
United States v. Lyckman Page 31305
Appellant-Defendant Lyckman, a former Texas high school coach and teacher, pleaded guilty to three counts of distributing or receiving child pornography.…
235 F.3d 63 (2nd Cir. 2000) RAPHAEL BIGIO, BAHIA BIGIO, FERIAL SALMA BIGIO and B.…
The plaintiff, Paula Konikoff, a real estate appraiser, brought a lawsuit in the United States District Court for the Southern District of New York against the Prudential Insurance Company of America (“Prudential”).…
Sylvan Pinque was convicted on two counts of distributing cocaine base (crack) and two counts of conspiring to distribute and to possess crack with the intent to distribute it.…
United States v. Darryl Sadler Page 31310
Darryl Sadler appeals from a final judgment entered in the United States District Court 2 for the Eastern District of Missouri upon a jury verdict finding him guilty of one count of armed bank robbery and one count of use of a firearm during that crime.…
Hazel Fields v. Kenneth S. Apfel Page 31311
Hazel Fields seeks appellate review of the District Court’s order upholding the decision of the Commissioner of the Social Security Administration (SSA) that Field’s disability insurance benefits be reduced because she was receiving other public disability benefits.…
United States v. Thompson Page 31312
Determining that the defendant exhibited an extraordinary family situation and employment history, the district court (Gertner, J.) departed downward from the guideline sentencing range (GSR) of 87 to 108 months of incarceration and sentenced the defendant to the mandatory minimum of 60 months in prison, followed by…
A jury awarded brothers Victor and Tré McNair $5,000 apiece to compensate them for the fright and indignity they suffered when officer Sean Coffey pulled over their car and, with the aid of seven other officers (a total of eight squad cars), arrested them at gunpoint for the offense of not paying parking tickets.…
On May 30, 2000, John Kiel, a firefighter employed by the City of Kenosha, Wisconsin, filed a complaint under 42 U.S.C.…
Plaintiff-Appellant Albert Woods appeals from the order of the United States District Court for the Northern District of Illinois, Eastern Division, granting summary judgment to defendants-appellees MakowsM, Alanis, and the City of Chicago.…
Charles Henry Johnson v. William H. Henderson, Postmaster General, United States Postal Service Page 31318
Charles Johnson appeals the District Court’s 1 adverse grant of summary judgment in his Age Discrimination in Employment Act and Title VII lawsuit in which he alleged that the United States Postal Service (USPS) did not hire him on account of age and race discrimination.…
Michael McRoberts v. Michael Bowersox Page 31319
Michael McRoberts appeals the district court’s 1 denial of his 28 U.S.C.…
Vasquez v. Reno Page 31336
We are called upon to decide an important question of first impression at the appellate level: Is the Attorney General of the United States the custodian of an alien being held at a federal detention facility (and therefore a proper respondent to that alien’s petition for a writ of habeas corpus)?…
Okey Champion (“Champion” or “appellant”) appeals from a judgment of the United States District Court for the Eastern District of New York (Dearie, /.), convicting him on counts of conspiracy to possess heroin with intent to distribute and attempted possession of heroin with intent to distribute.…
United States v. Elizabeth Castano Page 31356
Elizabeth Castaño appeals from a judgment of conviction following resentencing entered on March 29, 2000 in the United States District Court for the Eastern District of New York (Edward R.…
United States v. Michael Angelo Flowal Page 31359
OPINION Defendant-Appellant Michael Angelo Flowal appeals from the judgment entered on March 11, 1999, in the United States District Court for the Eastern District of Kentucky, which sentenced him to life in prison without possibility of parole for possession with intent to distribute five point two (5.2) kilograms of…
United States v. Michael Sadolsky Page 31360
*940 OPINION Appellant United States (“Government”) appeals the sentence imposed upon Defendant Appellee Michael Sadolsky (“Sadol-sky”) following his plea of guilty to computer fraud in violation of 18 U.S.C.…
234 F.3d 1339 (8th Cir. 2000) Kenneth KENLEY, Appellee/Cross-Appellant,v.Michael BOWERSOX, Appellant/Cross-Appellee.…
234 F.3d 945 (6th Cir. 2000) Doris Simmons-Harris; Marla Franklin; Steven Behr, Rev.; Sue Gatton; Mary Murphy; Michael Debose; Cheryl Debose; Glenn Altschuld; Deidra Pearson, Plaintiffs-Appellees,v.Susan Tave Zelman, Superintendent of Public Instruction, State of Ohio, et al., Defendants-Appellants…
OPINION Plaintiff M/G Transport Services, Inc. (“M/G”), appeals the grant of summary judgment to Defendant Water Quality Insurance Syndicate (“WQIS”), and the denial of summary judgment to M/G, in this action seeking a declaration that WQIS breached its duty under a marine insurance policy to defend and indemnify M/G…
United States v. Jeffrey Brian Martinez Page 31369
Jeffrey Brian Martinez pleaded guilty to conspiring to commit bank larceny from automatic teller machines (ATMs), in violation of 18 U.S.C.…
United States v. Val Perez Page 31370
Val Perez pleaded guilty to conspiring to launder money, in violation of 18 U.S.C.…
Leipart v. Guardian Industries, Inc. Page 31371
Plaintiffs Thomas and Cindy Leipart appeal the dismissal of their state common-law tort claims against defendant Guardian Industries (“Guardian”).…
William Lee Shackleford, a California state prisoner, appeals the judgment of the district court denying his petition for a writ of habeas corpus.…
Earl Wayne Tillman appeals the district court’s dismissal of his action against the Association of Apartment Owners of Ewa Apartments, Beverly Hangman and Norman Hangman.…
In Re: Thomas John Slyman Debtor. Turtle Rock Meadows Homeowners Association v. Thomas John Slyman Page 31374
This case presents the question of whether a homeowners association must demonstrate all five elements of common law fraud, including misrepresentation and reliance, to prove that its claim for delinquent homeowners dues is nondischargeable under 11 U.S.C.…
MidAmerican Energy Company (“MEC”) appeals the district court’s ruling on summary judgment that MEC contractually owes appellee Nebraska Public Power District (“NPPD”) current, non-refundable payments towards the estimated decommissioning costs for a nuclear facility.…
Hartford Life and Accident Insurance Company issued a group disability policy (the “Policy”) to fund an ERISA plan for the benefit of the employees of Wal-Mart Stores, Inc. The Policy granted Hartford “full discretion and authority to determine eligibility for benefits and to construe and interpret [its] terms and…
The United States appeals from the district court’s order excluding deposition testimony.…
Odis Ross v. Douglas County, Nebraska Page 31390
I. BACKGROUND Odis Ross sued his former employer, Douglas County, under Title VII of the Civil Rights Act of 1964, alleging disparate treatment, retaliation, and hostile work environment.…
Skelton v. Camp Page 31516
Certain municipal officials appeal the denial of their motion for summary judgment in this action brought for alleged violations of statutory and constitutional rights.…
235 F.3d 1200 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.SEALED 1, Letter of Request for Legal Assistance from the Deputy Prosecutor General of The Russian Federation,pursuant to an agreement between The Government of The United States of America and The Government of the Russian Federation on…
Jacoby v. National Labor Relations Board Page 31518
Opinion for the Court filed by Circuit Judge WILLIAMS.…
Harbury v. Deutch Page 31519
Opinion for the Court filed by Circuit Judge TATEL.…
United States v. Campa Page 31520
Appellant Andres Campa was arrested when he went to retrieve a package of counterfeit alien work permits (“green cards”) at an apartment targeted by law enforcement authorities because a series of suspicious packages had been delivered there.…
United States v. Giron-Reyes Page 31521
Defendant-appellant Octaviano Giron-Reyes appeals from a conviction upon a plea of guilty to illegally re-entering the United States after deportation.…
Anthony Armienti v. United States Page 31526
BACKGROUND The United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) denied petitioner’s ha-beas corpus petition without holding an evidentiary hearing.…
Davol, Inc. (Davol) appeals the orders of the United States District Court for the Western District of Michigan (1) granting summary judgment that Stryker Corp’s (Stryker) instruments do not infringe Da-vol’s United States Patent Nos. 5,391,145 ('145 patent) directed to an “irrigation control valve for endoscopic…
Sigmon v. CommunityCare HMO, Inc. Page 31545
Don Sigmon (“Sigmon”) is an employee of the city of Tulsa, Oklahoma (“Tulsa” or “the City”).…
On August 1, 1996, Detective Larry Car-mody and Sergeant Anthony Cinquegrani, both of the Wheeling, Illinois, Police Department, arrested Alvin Marks for issuing a bad check with intent to defraud, in violation of the Illinois Deceptive Practices Act, 720 ILCS § 5/17-1.…
Laurie Kay Howard worked as a secretary and then a human resources coordinator for United Technologies Automotive (“UTA”) in its Fort Wayne, Indiana, plant until it closed in 1997.…
This is a diversity suit, governed by Indiana law and resolved in favor of the defendant on summary judgment, for breach of contract and promissory estoppel.…
This is a diversity suit for legal malpractice, and at once we confront an issue of federal subject-matter jurisdiction.…
Plunk v. Givens Page 31550
Gerald Frank Plunk, a federal prisoner proceeding pro se, appeals the district court’s dismissal of his federal civil rights complaint, which complaint Plunk filed pursuant to Bivens v. Six Unknown *1129 Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct.…
United States v. Robert O. Houman Page 31551
Defendant-appellant Robert 0. Houman appeals the sentence imposed by the United States District Court for the District of Vermont (Sessions, Judge ) following his plea of guilty to one charge of being a felon in possession of a firearm.…
Funeral Financial Systems v. United States Page 31555
Plaintiff-Appellant, Funeral Financial Systems (“Funeral Financial”), asks this Court to find that the district court incorrectly held the assignment of a World War II veteran’s insurance benefits to Funeral Financial violative of the policy’s terms and, thereby, erroneously granted the United States’ motion for…
United States v. Washington Page 31557
This case is a tributary, flowing out of the watershed fishing rights case of United States v. Washington, 384 F.Supp. 312 (W.D.Wash.1974) (“the Boldt Decision”), aff'd, 520 F.2d 676 (9th Cir.1975).…
United States v. Muckleshoot Indian Tribe Page 31558
This appeal concerns the limits of the Muckleshoot Tribe’s saltwater usual and accustomed fishing area under the Boldt Decision.…
Aircraft safety is a matter of significant public importance, and the Federal Aviation Administration (“FAA”) plays a central role in monitoring safety through its certification of commercial aircraft.…
This appeal represents one of a number of supplemental proceedings in the ongoing litigation concerning Indian fishing rights in the Pacific Northwest.…
United States v. Samuel Aragbaye Page 31561
Samuel Aragbaye (“Appellant”) appeals the sentence imposed by the district court following his guilty plea to violations of 18 U.S.C.…
Robert Louis Syrax appeals the sentence imposed by the district court following his guilty pleas to one count each of violations of mail fraud, wire fraud, interstate transportation of property obtained by fraud, and money laundering.…
Cedar Shore Resort, Inc. (Cedar Shore), filed for bankruptcy protection after it was served with a shareholder lawsuit.…
235 F.3d 292 (7th Cir. 2000) WILLIAM A. BOOKS and MICHAEL SUETKAMP, Plaintiffs-Appellants,v.CITY OF ELKHART, INDIANA, Defendant-Appellee.…
Willie Harris was catastrophically injured when his passenger car struck the rear of a trailer that was stopped at night on Interstate 55 in West Memphis, Arkansas.…
Michael Owsley v. Michael Bowersox Page 31617
dissenting. Michael Owsley, an African American man with a history of mental illness and drug and alcohol abuse, has been sentenced to death.…
A jury convicted Leon J. Howard and John K.…
This appeal of a summary judgment presents a question of “seaman” status under the Jones Act.…
Easton Beckford v. Leonardo Portuondo, Superintendent at Shawangunk Correctional Facility Page 31625
Easton Beckford is a wheelchair-bound New York State prison inmate.…
OPINION OF THE COURT The United States Environmental Protection Agency (EPA) determined that the “Standards of Performance for Petroleum Refineries,” promulgated under the Clean Air Act and codified at 40 C.F.R.…
235 F.3d 154 (3rd Cir. 2000) EUGENE HECTOR, Appellantv.GORDON J.…
United States v. Donald A. Hellbusch Page 31769
Donald Hellbusch appeals the district court’s decision that he must show actual innocence of all counts of the indictment before the court can consider his habeas claims on the merits.…
Welsh & Forbes, Inc. v. Cendant Corp. Page 31770
Opinions of the United 2000 Decisions States Court of Appeals for the Third Circuit 12-13-2000 In Re: Cendant Corp. Precedential or Non-Precedential: Docket 00-5198 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000 Recommended Citation "In Re: Cendant Corp." (2000).…
235 F.3d 165 (3rd Cir. 2000) ROSE ART INDUSTRIES, INC., a New Jersey Corporation; WARREN INDUSTRIES, INC., an Indiana Corporationv.CARL SWANSON, an individual; THE SWANSON GROUP, INC., a Delaware Corporation; RAYMOND GEDDES & COMPANY, INC., a Maryland CorporationRose Art Industries, Inc., Appellant No. 98-6489…
The Telecommunications Act of 1996, Pub.L.…
James Burr, a convicted sex offender, pleaded guilty to violating North Dakota’s sex offender registration statute after he moved to a new address without notifying the police.…
235 F.3d 453 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JUAN RODRIGO GAMEZ-ORDUNO, JOSE MARTINEZ-CARRA, JESUS MARTINEZ-VILLA, Defendants-Appellants.…
Crawford & Company v. Apfel Page 31829
The merits of this appeal present a novel issue of first impression under Title II, 42 U.S.C.…
United States v. Espinoza-Saenz Page 31832
Pro se appellant Gilbert Espinoza-Saenz seeks a certificate of appealability to appeal the district court’s denial of his 28 U.S.C.…
United States v. Pedro Morales Page 31842
This appeal requires us to determine whether a defendant’s prior offense is “similar to” the minor offenses listed in section 4A1.2(c)(l) of the Sentencing Guidelines, in which event it does not af- *115 feet his Criminal History Category nor contribute to rendering him ineligible for the so-called “safety valve”…
235 F.3d 80 (2nd Cir. 2000) NANCY SWEET, Individually and as Mother and Natural Guardian of Thomas Sweet a/k/a Thomas Brown, Plaintiff-Appellee,v.ROBERT SHEAHAN, Defendant-Appellant,AMERICAN CYANAMID COMPANY, Successor in interest to MacGREGGOR LEAD COMPANY, ATLANTIC RICHFIELD COMPANY, EAGLE-PICHER INDUSTRIES, INC.…
Stanley Francis Cermak, Sr. and Raymond Cermak, Sr. (collectively, the “Cer-maks”) are, respectively, the son and grandson of John Cermak.…
Amoco Oil Company v. United States Page 31845
Amoco Oil Company appeals from the decision of the United States Court of International Trade granting the government’s motion to dismiss for failure to state a claim upon which relief can be granted.…
Jowett, Incorporated v. United States Page 31846
This case involves a claim for an equitable adjustment to an Army Corps of Engineers construction contract.…
234 F.3d 1370 (Fed. Cir. 2000) VANGUARD PRODUCTS CORPORATION, Plaintiff-Appellee,v.PARKER HANNIFIN CORPORATION, Defendant-Appellant.…
United States v. Arthur Norril Higgins Page 31855
B. Alan Seidler, counsel for defendant-appellant Arthur Norril Higgins, has moved to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.…
United States v. Mason, Tony Angelo Page 31868
Opinion for the Court filed by Chief Judge HARRY T.…
Countrywide Services Corporation,plaintiff v. Sia Insurance Company, (A Risk Retention Group), Ltd. Page 31869
This is a contractual dispute between SIA Insurance Company (SIAI), and its former claims handling contractor, Countrywide Services Corporation (Countrywide).…
This appeal involves a question of first impression — whether a 1998 amendment to 18 U.S.C.…
United States v. Barbara Lynn Lewis Page 31872
Barbara Lynn Lewis appeals her sentence for conspiring to harbor an illegal alien, in violation of 18 U.S.C.…
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.…
Opinion for the Court filed by Circuit Judges GINSBURG and TATEL.…
Plaintiff-appellant Lisa Nelson appeals from a final judgment of the United States District Court for the Southern District of New York (Colleen McMahon, Judge ), granting defendant-appellee Metro-North Commuter Railroad’s motion for judgment as a matter of law on Nelson’s claim for negligent infliction of emotional…
OPINION John A. Rapanos appeals the district court’s denial of his 1999 motion for new trial as well as his 1995 conviction for filling wetlands in violation of 33 U.S.C.…
236 F.3d 568 (9th Cir. 2000) MICHAEL ANTHONY, Petitioner-Appellant,v.STEVEN CAMBRA, JR., Warden, Respondent-Appellee.…
Tyler v. Cuomo Page 31885
For the second time, this case is before us for the resolution of justiciability issues.…
United States v. Weaver, Winston Page 31900
Opinion for the Court filed by Circuit Judge ROGERS.…
United States v. Latidtus Jones Page 31901
After pleading guilty to bank robbery, Latidtus Jones was sentenced to 153 months’ imprisonment, based, in part, on the district court’s determination that he qualifies as a career offender under the Sentencing Guidelines.…
United States v. Anton Tittjung Page 31902
On December 14, 1990, the District Court for the Eastern District of Wisconsin determined that Anton Tittjung’s position as a Nazi concentration camp guard during World War II invalidated his previously issued visa.…
United States v. James S. Linton Page 31903
James S. Linton challenges his sentence based upon possession of crack, arguing that the government did not prove that he possessed that substance rather than a different form of cocaine base.…
Jimmie Lee Simpson v. Kurt Jones, Warden Page 31943
OPINION Petitioner-appellant, Jimmie Lee Simpson, was convicted of first degree felony murder under Mich.…
United States v. Osage Page 32020
David Blake Osage appeals his conviction on one count of possession with intent to distribute one kilogram or more of methamphetamine, in violation of 21 U.S.C.…
Creative Gifts, Inc. v. UFO Page 32021
Creative Gifts, Inc. (“Creative Gifts”), Fascinations Toys & Gifts, Inc. (“Fascinations”) and William Hones (“Hones”) brought a trademark infringement action against Michael and Karen Sherlock and their company UFO, charging the unauthorized use of Creative Gifts’ trademark “Levitron.” 1 Sherlocks raised four defenses…
United States v. Keeling Page 32023
Defendant-Appellant, Don Alan Keeling, appeals his sentence for possession with intent to distribute approximately 150 pounds of marijuana (“Count 6”), 21 U.S.C.…
Dodoo v. Seagate Technology, Inc. Page 32024
Branford Dodoo (“Dodoo”) sued Seagate Technology, Inc. (“Seagate”), charging that Seagate’s denial of his applications for promotion to no fewer than nine different jobs during 1997 stemmed from several types of discrimination — discrimination based on his age, race and national origin — in violation of state and…
United States v. Archibald R. Schaffer III Page 32025
Circuit Judges SENTELLE, RANDOLPH and GARLAND did not participate in this matter.…
United States v. Sergio Fresnares-Torres Page 32050
ORDER AND AMENDED OPINION ORDER The memorandum disposition filed October 18, 2000, is redesignated as an authored opinion by Judge Goodwin, with modifications.…
United States v. Bustillos-Munoz Page 32051
Defendant/Appellant Jose Bustillos-Mu-noz was charged with possession with intent to distribute cocaine and with aiding and abetting that offense.…
United States v. McCall Page 32052
The United States filed this appeal after judgment was entered against it in a foreclosure action against Defendant McCall and sanctions imposed.…
United States Court of Appeals FOR THE EIGHTH CIRCUIT ________________ No. 99-3527 ________________ United States of America, * * Appellee, * * v. * * Appeal from the United States 1998 BMW "I" Convertible, VIN * District Court for the Eastern #WBABJ8324WEM20855, with all * District of Missouri.…
Faye Anastasoff v. United States Page 32055
This is a tax case. The appellant, Faye Anastasoff, filed suit for a refund in the claimed amount of $6,436.00.…
Exactly 30 days after being served with process in a suit filed in state court, James Florio filed a notice of removal, asserting that complete-diversity of citizenship among the parties brought the case within federal jurisdiction.…
This case, brought under our diversity jurisdiction, requires us to interpret a provision of the Wisconsin Automobile Dealership Law, § 218.01 Wis.…
United States v. Brown Page 32125
A federal grand jury charged defendant-appellant John 0.…
Groccia v. Reno Page 32126
In 1996, Congress made massive changes to the immigration laws.…
United States v. Vega-Figueroa Page 32127
Defendant-appellant José A. Vega-Figueroa, along with eight other defendants, was tried pursuant to a three-count indictment in the District Court for the District of Puerto Rico for drug related activities.…
United States v. Richard Page 32128
Richard, Petit, and Hall (defendants) appeal from their respective convictions and sentences imposed after a jury returned guilty verdicts for conspiracy, bankruptcy fraud, mail fraud, money laundering, and securities fraud in violation of 18 U.S.C.…
In this diversity action for breach of contract and tortious interference with contractual relations, the jury returned a verdict for plaintiff.…
Vernon G. Pitsker and Richard C. Rogers appeal the final decisions of the Merit Systems Protection Board in Docket No. SF-0831-97-0822-I-1 (Pitsker) and DA-0831-97-0094-R-l (Rogers).…
Fent v. Oklahoma Water Resources Board Page 32181
Plaintiffs appeal 1 from several orders resulting in the dismissal of their state law qui tam action, which was removed to federal court by the defendant United States ex rel.…
Ingram v. Muskogee Regional Medical Center Page 32182
This suit arises from the death of LaTa-sha Ingram after she suffered a gunshot wound to the chest.…
AG Services of America, Inc. v. Nielsen Page 32183
ORDER ON REHEARING On consideration of the petition for rehearing en banc filed by Plaintiff Appellee AG Services of America, Inc., the court finds and concludes as follows: The petition argues that our opinion conflicts with more recent Tenth Circuit decisions on the scope of issue preclusion, relying on the…
Affirmed in part, reversed in part, and remanded by published opinion.…
D'Juan Bronaugh v. State of Ohio Page 32187
MOORE, J., delivered the opinion of the court, in which NATHANIEL R.…
237 F.3d 919 (8th Cir. 2000) United States of America, ex rel Crow Creek Sioux Tribe, doing business as Crow Creek Farm Enterprises; Dacotah Farms; Crow Creek Farms; William Shields, Jr., a member of the Crow Creek Sioux Tribe, Individually, Appellees,v.Hattum Family Farms; Hattum Custom Farms; Robert Hattum…
United States v. Joan M. Noske Page 32191
Joan M. Noske and her brother were convicted of tax evasion in a joint proceeding.…
Michael Scott Boyles pleaded guilty to being a felon in possession of firearm in violation of 18 U.S.C.…
Jamie Lamont Hawthorne was convicted of possessing with intent to distribute approximately 50 grams of crack cocaine, being a felon in possession of a firearm, and carrying a firearm in connection with a drug trafficking crime.…
235 F.3d 410 (8th Cir. 2000) GEORGE GOFF; PLAINTIFF-APPELLEE,ALLEN LANGLEY, CLASS REPRESENTATIVE; TIM THOMPSON, CLASS REPRESENTATIVE; PLAINTIFFS,v.CHARLES HARPER; RONALD WELDER; JOHN HENRY; GERARDO ACEVEDO, WARDEN; DEFENDANTS-APPELLANTS.GEORGE GOFF; ALLEN LANGLEY, CLASS REPRESENTATIVE; TIM THOMPSON, CLASS…
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-4040 ___________ CHRISTINE J.…
Plaintiff Michael Sherman, who is deaf and mute, appeals from the district court’s 1 judgment in favor of defendant *408 Marvin Runyon, the Postmaster General, on plaintiff Sherman’s Rehabilitation Act claims.…
Opinion for the Court filed by Circuit Judge ROGERS.…
United States v. Rashed, Mohammed Page 32494
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Opinion for the Court filed by Circuit Judge STEPHEN F.…
Opinion for the Court filed by Circuit Judge GINSBURG.…
United States v. Baer Page 32498
Devon Wendall Baer was convicted by a jury of one count of possessing firearms after a felony conviction in violation of 18 U.S.C.…
United States v. Kelly Page 32499
235 F.3d 1238 (10th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.WILLIS JEFFREY KELLY, Defendant-Appellant.…
235 F.3d 1243 (10th Cir. 2000) ELIZABETH PHELAN, Plaintiff - Appellant,v.LARAMIE COUNTY COMMUNITY COLLEGE BOARD OF TRUSTEES; CHARLES BOHLEN; CHERYL W.…
United States v. Verna M. Lewis Page 32501
Affirmed in part and vacated and remanded in part by published opinion.…
United States v. Wright Page 33122
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 00-4030 JEFFREY ALAN WRIGHT, Defendant-Appellant.…
A state prisoner who wants collateral relief from federal court must file the federal petition within one year from the latest of: (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an…
In July 1983, when he was six years old, C.A.…
Itofca, Inc. v. Megatrans Logistics, Inc. Page 33125
ITOFCA, Inc. (“ITOFCA”) brought suit against MegaTrans Logistics, Inc. (“Mega-Trans”) alleging that MegaTrans’ continual licensing of a computer software program constitutes an infringement on a copyright belonging to ITOFCA.…
In March 1994, Metal Sales Manufacturing Corporation (“Metal”) hired Gold, Weems, Bruser, Sues & Rundell, P.L.C.…
United States v. Villasenor Page 33129
236 F.3d 220 (5th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JAVIER RODRIQUEZ VILLASENOR, Defendant-Appellant.…
Dry v. United States Page 33131
235 F.3d 1249 (10th Cir. 2000) DOUGLAS G.…
Smith v. Massey Page 33132
235 F.3d 1259 (10th Cir. 2000) LOIS NADEAN SMITH, Petitioner-Appellant,v.NEVILLE MASSEY, Warden, Oklahoma State Penitentiary, Respondent-Appellee.…
United States of America v. Carless Jones Page 33133
*1233 OPINION ON REMAND This case is before us on remand.…
United States v. Ronald S. Carlson Page 33135
Ronald S. Carlson appeals his jury convictions for felony tax evasion under 26 U.S.C.…
Defendant Southwest Marine, Inc., appeals from the district court’s judgment for Plaintiffs Natural Resources Defense Council (NRDC), San Diego Baykeeper, and Kenneth J.…
United States v. Paul Thomas Kinter Page 33138
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER and Chief Judge STAMP joined.…
Dennis High v. University of Minnesota Page 33142
Dennis High, an African-American, was hired by the University of Minnesota in 1980 to work at the University Hospitals and Clinics.…
Indianapolis put the Timber Ridge Apartments on its “acquisition list” of properties that the city plans to acquire (by negotiation or condemnation) eventually.…
Praxair, Inc. v. Hinshaw & Culbertson Page 33144
Praxair, the plaintiff in this diversity suit for legal malpractice governed by Illinois law, appeals from the grant of summary judgment to the defendant, Hinshaw & Culbertson (“Hinshaw” for short), its former law firm.…
235 F.3d 129 (2nd Cir. 2000) Frank SENERCHIA, Plaintiff-Appellant,v.UNITED STATES of America, Department of Labor, Office of Workers' Compensation Programs, U.S. Department of Labor, Thomas Markey, Commissioner and Michael Walsh, Commissioner, United States Department of Labor Employee Compensation Appeals Board…
Defendant-appellant Nu-Tech Bio-Med, Inc. (“Nu-Tech”) appeals from an order entered in the United States District Court for the Southern District Court of New York (Stanton, J.) denying its motion for sanctions pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”) and Federal Rule of Civil…
235 F.3d 126 (2nd Cir. 2000) CITIZENS ACCORD, INC., Plaintiff-Counterclaim-Defendant-Appellant, v.THE TOWN OF ROCHESTER, New York; TOWN BOARD of the Town of Rochester; PLANNING BOARD of the Town of Rochester; ROBERT BAKER individually and in his capacity as Supervisor; DOUGLAS DYMOND individually and in his capacity…
Petitioner Lucina-Rojas Reyes (“Rojas”) petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reopen her deportation proceedings.…
235 F.3d 769 (2nd Cir. 2000) RICKY BROWN, on behalf of himself and all other persons similarly situated; JAMEL CHAMPEN, on behalf of himself and all other persons similarly situated; SHERYL CHAMPEN, on behalf of herself and all other persons similarly situated; HOPETON GORDON, on behalf of himself and all other…
United States v. Dadi Page 33208
On February 23, 1999, a grand jury charged that Ah Reza Dadi, Homa Dadi (his sister) and Siamak Mackvandian entered into an agreement among themselves and others to execute a scheme to defraud federally insured financial institutions.…
United States v. Douglas Keith Cade Page 33210
Defendant Douglas Keith Cade challenges the length of the supervised release component of his sentence.…
United States v. Jeffrey Lynn Franklin Page 33211
A jury convicted Jeffrey Lynn Franklin (“Franklin”) of eight counts of being a felon in possession of a firearm pursuant to 18 U.S.C.…
235 F.3d 1160 (9th Cir. 2000) RICHARD ADAM, Plaintiff-Appellant,v.STATE OF HAWAII; WAYNE CARVALHO, Police Chief, in his individual and Official Capacity as Chief of Police; STANLEY HAANIO, Officer, in his individual and official capacity as a police officer; POLICE DEPARTMENT, COUNTY OF HAWAII; COUNTY OF HAWAII…
235 F.3d 1153 (9th Cir. 2000) WESTERN CENTER FOR JOURNALISM, d/b/a Western Journalism Center, Plaintiff-Appellant,v.THOMAS CEDERQUIST, and MARGARET MILNER RICHARDSON, Defendants-Appellees.…
United States v. Hishaw Page 33215
A jury convicted Anthony Dewayne Hishaw of knowingly possessing a handgun after a felony conviction, a violation of 18 U.S.C.…
Borgialli v. Thunder Basin Coal Co. Page 33216
Plaintiff Dennis Borgialli claims that his former employer, the Black Thunder Mine in Gillette, Wyoming, (hereafter referred to as the “Mine”) terminated his employment in violation of the Americans with Disabilities Act, 42 U.S.C.…
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Chief Judge STAMP joined.…
Reversed and remanded by published opinion.…
United States v. Anselmo Gomez Page 33245
OPINION OF THE COURT This matter comes on before this court on an appeal from a judgment of conviction and sentence entered on November 19, 1999, following the jury’s return of a verdict against appellant Anselmo Gomez, a physician, on 16 counts of health care fraud arising from Medicare billings in violation of 18…
235 F.3d 839 (3rd Cir. 2000) PENNSYLVANIA ASSOCIATION OF EDWARDS HEIRS, a Pennsylvania non-profit corporation, Appellant,v.DAVID PAUL RIGHTENOUR; HELEN RIGHTENOUR; DOUGLAS WAYNE EDWARDS; DUDLEY CAROL EDWARDS; ELEANOR LONGENECKER; BONNIE BLACK PARSONS; DON WUBE, individually d/b/a "Basic"; WACHOVIA BANK OF GEORGIA…
United States v. Simmonds Page 33353
OPINION OF THE COURT Joseph Emmett Simmonds, III, pled guilty in the District Court of the Virgin Islands to one count of arson in violation of federal law and to one count of burglary in violation of Virgin Islands territorial law.…
Allstate Insurance v. Ginsberg Page 33354
Certification from The United States Court of Appeals for the Eleventh Circuit to the Supreme Court of Florida.…
DAVID A. NELSON, J., delivered the opinion of the court, in which DAUGHTREY, J., joined.…
Benjamin White v. Fred McAninch Page 33361
OPINION Fred McAninch, the warden of the Chil-licothe Correctional Institute, and the respondent in these proceedings, appeals from the district court’s judgment granting a writ of habeas corpus to petitioner Benjamin White pursuant to 28 U.S.C.…
Thelma Hall sued her employer, the Missouri Highway and Transportation Commission (“MHTC”), claiming that her supervisor, Ron Hopkins, violated her First Amendment rights by retaliating against her when she complained that he discriminated against her because she was an older woman.…
Johnny Watson v. Eastman Kodak Company Page 33443
OPINION OF THE COURT Appellant Johnny Watson alleges that he was removed from his position of Account Executive at Eastman Kodak Company (“Kodak”) because of unlawful race and age discrimination.…
United States v. David Williams Page 33444
OPINION OF THE COURT Appellant David Williams (“Williams”) appeals the District Court’s enhancement of his sentence in light of the Supreme Court’s recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct.…
Jacqueline Turner v. Beneficial Corporation Page 33445
Jacqueline Turner brings this interlocutory appeal, pursuant to Federal Rule of Civil Procedure 23(f), from the denial of class certification in her suit alleging that defendant Beneficial Corporation (“Beneficial”) committed violations of the Truth in Lending Act, 15 U.S.C.…
United States v. Snyder Page 33446
In this unusual case, a trial judge sua sponte recused himself from sentencing because he found himself “unwilling, as a matter of conscience” to apply the U.S. Sentencing Guidelines as interpreted by this court.…
Barbosa v. Solomon Page 33448
The controversy in this appeal arises out of the not-so-infrequent scenario where, after the confirmation of a bankruptcy plan under Chapter 13, but before the case is closed or converted to Chapter 7, the debtors sell property of the estate which “vested” in them “free and clear of any claim or interest of any…
Juan Francisco Rojas-Reynoso, a citizen of the Dominican Republic, petitions for review of th'e April 20, 2000 decision of the Board of Immigration Appeals dismissing his appeal from the denial of his motion to reopen his deportation proceedings.…
This appeal evolves from a tragic highway accident in which a motorcycle driven by David M.…
This appeal raises the question whether the reproduction of independently newsworthy photographs without permission is a “fair use” pursuant to 17 U.S.C.…
Freddie Aponte appeals from a sentence imposed by the United States District Court for the District of Connecticut (Nev-as, J.), on his plea of guilty of conspiracy to possess with intent to distribute and to distribute heroin, sentencing him chiefly to 240 months imprisonment.…
Petitioner Joseph Fama, a New York State prisoner convicted of, among other things, murder in the second degree, New York Penal Law § 125.25[2], and riot in the first degree, New York Penal Law § 240.06, sought habeas corpus pursuant to 28 U.S.C.…
Hopwood v. State of Texas Page 33523
This higher education, reverse racial discrimination case is before us on appeal for the third time.…
Plaintiffs Cynthia Foster, Denise Frazier, Barbara Gill-Smith, Brenda Smith, Ezell Smith, and the Central Alabama Fair Housing Center appeal a final jury verdict in favor of defendants on their housing discrimination claims.…
Defendant-Appellant Harris County, Texas appeals the district court’s judgment against the County, arguing that the district court erred in holding that the County had unconstitutionally interfered with the property rights of Plaintiff-Appel-lee Simi Investment Company, Inc. The district court found that the County…
Badon v. R J R Nabisco Inc. Page 33529
In this interlocutory appeal under 28 U.S.C.…
Montgomery Kone, Inc. v. Secretary of Labor Page 33557
Following an explosion in an elevator pit, the Secretary of Labor fined petitioner for failing to provide special training required by OSHA regulations for workers who must enter “confined spaces.” Finding the agency’s interpretation of its own regulations reasonable and its decision supported by substantial evidence…
dissenting: His reasons are as two grains of wheat hid in two bushels of chaff; you shall seek all day ere you find them, and when you have them, they are not worth the search.…
United States v. Gilberto Salaiza Zuazo Page 33559
235 F.3d 1075 (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE,v.GILBERTO SALAIZA ZUAZO, APPELLANT.…
United States v. Gerald Bailey Page 33561
United States Court of Appeals FOR THE EIGHTH CIRCUIT __________ * * No. 99-3050 * __________ * * United States of America, * * Appellee, * * v. * * Gerald Rey Bailey, * * Appellant.…
235 F.3d 1079 (8th Cir. 2000) JIM C., INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF J.C., AND SUSAN C, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF J.C., APPELLEES,v.UNITED STATES OF AMERICA, INTERVENOR ON APPEAL,ATKINS SCHOOL DISTRICT, AND ARCH FORD EDUCATION SERVICE COOPERATIVE, DEFENDANTS,ARKANSAS DEPARTMENT OF…
Devereaux v. Perez Page 33567
Upon the vote of a majority of nonre-cused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
Opinion for the Court filed by Circuit Judge TATEL.…
In Re Bluewater Network Page 33572
Opinion for the Court filed by Chief Judge HARRY T.…
United States v. Thompson, Terrell L. Page 33573
Opinion for the court filed by Circuit Judge GINSBURG.…
Ann Bogren v. State of MN Page 33574
United States Court of Appeals FOR THE EIGHTH CIRCUIT ________________ No. 99-3516 ________________ Ann Bogren, * * Appellant, * * v. * * State of Minnesota; Minnesota * Department of Public Safety; * Donald Davis, Commissioner of the * Department of Public Safety, in his * Appeal from the United States official…
Rideau v. Whitley Page 33575
In this federal habeas corpus case, the petitioner claims that he was the victim of racial discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment, in the selection of the Louisiana grand jury that indicted him for murder.…
Burton v. United States Page 33576
decisions in Jones v. United States, 526 U.S. 227, 119 S.Ct.…
United States v. Donald Behrman Page 33579
After pleading guilty to four counts of bank fraud, see 18 U.S.C.…
Federal offenders whose crimes predated November 1, 1987, remain eligible for parole.…
Barbecue Marx, Inc. (“Barbecue Marx”), owner of the barbecue restaurant SMOKE DADDY, sued for trademark infringement to prevent 551 Ogden, Inc. (“Ogden”) from using the name “BONE DADDY” for its forthcoming barbecue restaurant.…
Bernard L. Beyer v. Rob G. Cormier Page 33582
Bernard Beyer filed suit under 42 U.S.C. § 1983 against Rob Cormier, a building inspector for the City of Green Bay, Wisconsin, and other city officials.…
Reed v. State of New Mexico Page 33659
Appellant Timothy “Little Rock” Reed, now deceased and personally represented by Nancy Scull, brought suit against the State of New Mexico, the County of Ber-nalillo, the City of Albuquerque, and various state and local officials pursuant to 42 U.S.C.…
United States v. Dorris Page 33660
Melvin Dorris appeals his conviction for felon in possession of a firearm in violation of 18 U.S.C.…
239 F.3d 120 (2nd Cir. 2000) UNITED STATES OF AMERICA, Appellee,v.HARRY JAMES; GAIL OSBOURNE; MATTHEW BOWEN; MECCA HUFFLER; ANTHONY THOMAS; LAWANDA MORALDO, Defendants,DEXTER FRANCIS, also known as Juncks, also known as Junks, also known as Coolman, also known as Jihad Muhammed, also known as Allen Dale Moffett, also…
United States v. Reynaldo F. Alverez Page 33673
Reynaldo Alverez appeals from the district court’s 1 final judgment sentencing him to 188 months of imprisonment and five years of supervised release for his *1088 conviction for possession with intent to distribute methamphetamine in violation of 21 U.S.C.…
Opinion for the Court filed PER CURIAM: In this case, the National Labor Relations Board (“NLRB” or “Board”) found that petitioner Corrections Corporation of America (“Company”) violated section *13238(a)(1) and 8(a)(5) of the National Labor Relations Act (“Act”), 29 U.S.C.…
Warren, William A. v. United States Page 33721
Opinion for the Court filed by Chief Judge HARRY T.…
Mays v. Drug Enforcement Administration Page 33722
Opinion for the court filed by Circuit Judge GINSBURG.…
Jones v. Nordictrack, Inc. Page 33724
In this product liability action, Plaintiffs-Appellants Laura'and William Jones appeal the district court’s grant of a motion for judgment on the pleadings in favor of NordicTrack, Inc. and NordicTrack Fitness at Home (“NordicTrack”).…
Cathy D. Durley v. APAC, Inc. Page 33725
This case presents the question of whether, in a Title VII sex discrimination suit, appellant Cathy Durley presented evidence of pretext sufficient to create a question of fact for the jury.…
McCall v. Burlington Northern/Santa Fe Co. Page 33726
Plaintiffs James D. McCall, Stanley R. Collins, E.E.…
236 F.3d 1174 (10th Cir. 2000) CITIZENS FOR RESPONSIBLE GOVERNMENT STATE POLITICAL ACTION COMMITTEE; STEVE DURHAM; PHIL PANKEY; COLORADO STATE REPUBLICAN CENTRAL COMMITTEE; COLORADO REPUBLICANS FOR CHOICE, an unincorporated Colorado political committee; CROWN POINT COMMUNICATIONS, INC., a Colorado corporation; DOROTHY…
We review a judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge) granting defendants’ motion for a new trial on the ground that the charging indictment was insufficiently particular and, in the alternative, on the ground that a requested voluntary intoxication jury…
Upon conviction for illegally re-entering the United States, see 8 U.S.C.…
We must decide whether a taxpayer is entitled to an income tax deduction for expenses incurred to place a proposition affecting his working conditions on a local ballot.…
United States v. Maynard Page 33742
Defendant/Appellant Jimmy Lee Maynard appeals his conviction for operating a continuing criminal enterprise in violation of 21 U.S.C.…
United States v. Edwards Page 33744
ORDER The opinion filed on September 7, 2000, and reported at 224 F.3d 1141 (9th Cir. 2000), is hereby withdrawn.
United States v. Fausto Morales Santos Page 33745
Fausto Morales Santos, a Mexican national, was sentenced to thirty-three months in prison and two years of supervised release after his conviction by a jury on five counts stemming from his production and sale of false identification documents in violation of 18 U.S.C.…
Defendants Jie Hu and Shao Zhen Lin appeal from judgments of conviction entered by the District Court (Sidney H.…
Section 3553(f) of Title 18 provides that, for certain specified offenses, a court “shall” sentence a defendant “without regard to any statutory minimum sentence” if, inter alia, “the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense.” 18 U.S.C.…
235 F.3d 738 (2nd Cir. 2000) BRAD M. REISS, Plaintiff-Appellant,v.SOCIETE CENTRALE DU GROUPE DES ASSURANCES NATIONALES, a/k/a Societe Centrale du Gan, n/k/a Societe de Gestion de Garanties et de Participations, and GAN S.A., Defendants-Appellees,UNION POUR LE FINANCEMENT D'IMMEUBLES DE SOCIETES and UNION INDUSTRIELLE…
239 F.3d 428 (2nd Cir. 2000) BANK OF INDIA, Plaintiff,v.TRENDI SPORTSWEAR, INC, Defendant,TRENDI SPORTSWEAR, INC., Third-Party-Plaintiff-Appellant,v.INDU CRAFT, INC., Third-Party-Defendant,INDU CRAFT, INC., Fourth-Party-Plaintiff-Appellant,v.BANK OF BARODA, Fourth-Party-Defendant-Appellee.…
United States v. Troy Anthony Edwards Page 33752
Troy Anthony Edwards appeals his conviction from his second trial on one count of possession of cocaine with intent to distribute.…
OPINION Ronald Wayne Frye, sentenced to death by the State of North Carolina for the ciime of first-degree murder, seeks relief in this Court following the district court’s refusal to grant his petition for a writ of habeas corpus.…
Appellant V S Limited Partnership (“VSLP”) appeals the district court’s 1 dismissal of its law suit against the Department of Housing and Urban Development for want of subject matter jurisdiction.…
United States v. David Dean Millard Page 33790
David Millard was found guilty of conspiring to distribute methamphetamine, see 21 U.S.C.…
Ray Bowman pleaded nolo contendere to six counts of money laundering, see 18 U.S.C.…
Sandy Skurstenis v. James Jones Page 33793
These consolidated appeals involve the constitutionality of two strip searches performed on a detainee who had been arrested for driving under the influence of alcohol.…
Following the government’s two unsuccessful attempts to forfeit currency and other property seized from claimant-appellant Joe Earl Rodgers, the district court ordered the government to return the property to Rodgers.…
We are asked to decide, once again, whether a waiver of rights to appeal clause in a plea agreement is enforceable.…
ORDER AND AMENDED OPINION ORDER The opinion filed on September 15, 2000 [224 F.3d 1157] is amended as follows: Slip op.…
EP MedSystems, Inc. v. EchoCath, Inc. Page 33812
OPINION OF THE COURT EP MedSystems, Inc. appeals the dismissal with prejudice of its securities action against EchoCath, Inc. According to the complaint, the Chief Executive Officer of EchoCath enticed MedSystems into investing $1.4 million in EchoCath by assuring MedSystems that lengthy negotiations had already taken…
235 F.3d 817 (3rd Cir. 2000) UNITED STATES OF AMERICA; COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCESv.SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"), NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"), and CONSOLIDATED RAIL CORPORATION ("CONRAIL")v.CITY OF PHILADELPHIA; PENN CENTRAL…
United States v. Abdul Majid Bala, Also Known as Sealed 2, Kantilal Patel, Also Known as Sealed 1 Page 33818
Kantilal Patel appeals from the October 4, 1999, judgment of the United States District Court for the Northern District of New York (Thomas J.…
As we have too often in recent times, see, e.g., Lichtenberg v. Besicorp Group, *113 Inc., 204 F.3d 397 (2d Cir.2000); Fruit of the Loom, Inc. v. American Mktg.…
Damach, Inc. (“Damach”) appeals from a judgment of the United States District Court for the District of Connecticut (Peter C.…
Vacated and remanded by published opinion.…
OPINION This case involves the question of whether individual taxpayers were “at risk,” as defined in 26 U.S.C.…
Pansy Blackwell brought a 42 U.S.C. § 1983 action claiming that, after she had pleaded guilty to a municipal charge, Police Chief Jim Hóhn conducted a warrant-less search of her home in violation of the Fourth Amendment.…
Lois M. Gregoire v. Douglas Weber Page 33839
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 00-1255 ___________ Lois M.…
This case involves an award of attorney’s fees to the State of Wisconsin under 28 U.S.C.…
The principal question before us is whether the district court erred in giving a mixed-motive rather than a pretext instruction to the jury considering plaintiffs claim of wrongful discharge and discriminatory working conditions.…
United States v. Moore Page 33845
The government appeals from the district court’s interlocutory order suppressing evidence of contraband that the police seized from defendant-appellee Jonathan Moore.…
United States v. Quintana-Aguayo Page 33846
In this consolidated appeal, claimants seek interlocutory review of decisions of the district court resulting in the seizure of property during the pendency of a civil forfeiture action.…
Gochicoa v. Johnson Page 33898
238 F.3d 278 (5th Cir. 2000) PEDRO L. GOCHICOA, PETITIONER-APPELLEE-CROSS-APPELLANT,v.GARY L.…
Forbes v. Napolitano Page 33899
Opinion by Judge SCHROEDER; Concurrence by Judge SNEED.…
Okanogan Highlands Alliance v. Williams Page 33900
Plaintiffs Okanogan Highlands Alliance (OHA) and the Confederated Tribes of the Colville Reservation (Colville) challenge the adequacy of the Final Environmental Impact Statement (EIS) and Record of Decision (ROD) prepared by the United States Forest Service (Forest Service).1 Plaintiffs make three arguments: (1) The…
This appeal requires us to decide whether the Commissioner of the Social Security Administration properly denied disability benefits to a claimant for whom earnings records showed neither self-employment income nor wages for sufficient “quarters of coverage.” 1 Marion Chapman applied for disability benefits when he…
This case raises the issue of whether a contract between the parties or section 32(l)(a) of the Lanham Trade-Mark Act, 15 U.S.C.…
Upon the vote of a majority of nonre-cused regular active judges of this court, 1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.…
United States v. Hernandez-Vega Page 33904
Defendant-appellant Carlos L. Hernandez-Vega, along with eight other defendants, was tried pursuant to a three-count indictment in the District Court for the District of Puerto Rico for drug related activities.…
United States v. Solares Page 33905
Ten members of a conspiracy defrauded two banks through a counterfeit check cashing scheme.…
Sheek v. Raytheon Engineers Page 33906
On March 9,1994, plaintiff-appellee Jack Sheek, while working as an employee of Mobil Oil Singapore Private Ltd. (“Mobil”) in Jurong, Singapore, slipped on a small pipe and injured his shoulder.…
In re: Landlocked v. Page 33919
ORDER This matter comes before the court on petitioners’ petition for a writ of mandamus.…
United States v. Gerald J. Petrillo Page 33946
Defendant Gerald J. Petrillo appeals from a judgement of conviction entered in November 1999 in the United States District Court for the Southern District of New York (Jed S.…
236 F.3d 149 (4th Cir. 2000) ERNEST SUTTON BELL, Petitioner-Appellant,v.MACK JARVIS; ROBERT SMITH, Respondents-Appellees.…
Petition for review denied and cross-application for enforcement granted by published opinion.…
Marathon Oil Company and Mobil Oil Exploration & Producing Southeast, Inc. v. United States Page 33953
This case returns to the Federal Circuit upon reversal by the Supreme Court 1 of this court’s decision reported at Marathon Oil Co. v. United States, 177 F.3d 1331 (Fed.Cir.1999).…
Opinion for the Court filed by Circuit Judge RANDOLPH.…
United States v. Davis, Curnell Page 33959
Opinion for the Court filed by Circuit Judge TATEL.…
Sales v. Grant Page 34472
237 F.3d 348 (4th Cir. 2000) INEZ SALES; DEBRA M.…
CERTIFICATION OF QUESTION OF STATE LAW The United States Court of Appeals for the Tenth Circuit, pursuant to the provisions of The Uniform Certification of Questions of Law Act, N.M.…
United States v. Robert Grant Page 34668
Defendant-appellant Robert Grant appeals from an amended judgment of conviction and sentence entered in the United States District Court for the Western District of New York (Skretny, J.) to the extent that the amended judgment incorporates an order modifying a direction for the payment of restitution.…
United States v. Shannon Sicher Page 34821
OPINION OF THE COURT Shannon Sicher appeals from the District Court’s denial of her motion to set aside a special condition of supervised release which prevents her from entering Lehigh and Northampton counties, in Pennsylvania, without permission from her probation officer.…
ORDER This matter is before the court on appel-lees’ petition for rehearing with suggestion for en banc review to which appellant has responded.…
United States v. Gabriel Pacheco-Zepeda Page 35340
234 F.3d 411 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee,v.GABRIEL PACHECO-ZEPEDA, Defendant-Appellant.…
Smith v. Kennedy Page 35341
Opinion by Judge REINHARDT; Dissent by Judge O’SCANNLAIN John Douglas Smith (“Smith”) appeals the district court’s affirmance of the bankruptcy court, which denied his effort to exempt from his bankruptcy estate property that he characterized as a “private retirement plan.” His appeal raises two questions, both of…
*1207OPINION I. INTRODUCTION In the instant case, this court must decide whether a practice employed by pre-secondary school1 teachers in the Owasso Independent School District (the “School District”) of allowing their students both to grade one another’s tests and other work and to call out their own grades in class…
ON PETITION FOR REHEARING Claimant, Ramiro Loredo, seeks rehearing of our order reversing the Benefits Review Board’s (BRB) affirmance of an award of attorney’s fees to his counsel.…
United States v. Charles Wesley Arlt Page 36368
Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be heard by the en banc court pursuant to Circuit Rule 35-3.
Lyons v. Crawford Page 38068
ORDER The opinion filed November 13, 2000 [232 F.3d 666], is hereby ordered amended as follows: Slip Op.…
249 F.3d 831 (9th Cir. 2001) In the Matter of the Requested Extradition of Kevin John ArttUnited States of America, Appellee,v.Kevin John Artt, Appellant.In the Matter of the Requested Extradition of Pol BrennanUnited States of America, Appellee,v.Pol Brennan, Appellant.In the Matter of the Requested Extradition of…
280 F.3d 69 Rene TELLIER, Plaintiff-Appellee,v.Sharon FIELDS, (Correction Officer); Defendant;Willie Scott, (Former Warden); Susan Gerlinski, (Associate Warden); Mr. Tramel, (Captain); Jesse James, (Current Warden); Mr. Parrish, (Title Unknown); John Gibson, (Assistant Captain); Defendants-Appellants.…
People and organizations on PlainSite with a photograph on file, alphabetically.
A
| Adams, Eric Leroy |
Adelson, Sheldon G. |
Ahuja, Deepak P. |
Altman, Samuel Harris |
| Andreessen, Marc L. |
Armstrong, Lance Edward |
Assange, Julian |
Azar, II, Alex Michael |
B
C
D
| De Blasio, Bill |
Denholm, Robyn M. |
Depp, II, John Christopher |
Dershowitz, Alan M. |
| DeSantis, Ronald D. |
Desmond-Hellmann, Susan |
DeVos, Elisabeth |
Dimon, Jamie |
| Doerr, L. John |
Dorsey, Jack |
Duncan, Arne |
E
| Ebbers, Bernard J. |
Ehrenpreis, Ira Matthew |
Eisner, Michael D. |
Ellison, Lawrence J. |
| Epstein, Jeffrey E. |
F
| Faust, Drew Gilpin |
Flynn, Michael Thomas |
G
H
| Harris, Kamala Devi |
Hastings, W. Reed |
Hawley, Joshua D. |
Hayden, Michael V. |
| Hegseth, Peter Brian |
Hennessy John L |
Holder, Jr., Eric H. |
Holmes, Elizabeth A. |
| Huang, Jen-hsun |
Hughes, Christopher Ray |
I
| Icahn, Carl C. |
J
| Jackson, Michael Joseph |
Jackson, Sr., Jesse L. |
Jobs, Steven P. |
Jurvetson, Stephen T. |
K
| Kemp, Brian P. |
Kennedy, Robert F., Jr. |
Koch, David |
Koum, Jan |
| Kushner, Jared C. |
L
| Lay, Kenneth L |
Lemon, Don |
Leopold, Jason |
Lutnick, Howard W. |
| Lyons, Todd M. |
M
N
| Nadella, Satya |
Navarro, Peter K. |
Neumann, Adam |
Newsom, Gavin |
| Nielsen, Kirstjen |
Noem, Kristi |
Nunes, Devin G. |
O
| Obama, Barack Hussein |
Office of the New York Attorney General |
Okeke-Von Batten, Karl-Marx Edward |
P
| Page, Lawrence |
Patel, Kashyap |
Pelosi, Nancy |
Pence, Michael Richard |
| Petit, Parker H. |
Pichai, Sundar |
Pompeo, Michael Richard |
Powell, Sidney |
| Prince, Erik D. |
Putin, Vladimir Vladimirovich |
Q
| Qazi, Omar |
R
| Rice, Condoleezza |
Rive, Lyndon Robert |
Romney, Willard Mitt |
Rosenstein, Rod J. |
| Ross, Wilbur L. Jr. |
Rubio, Marco |
Rumsfeld, Donald H. |
S
T
| Taylor, Bret Steven |
Teller, Samuel |
Thiel, Peter |
Tillerson, Rex W. |
| Tinubu, Bola Ahmed |
Trump, Donald J. |
Trump, Donald J. Jr. |
Trump, Eric |
| Trump, Ivanka |
Trump, Melania |
U
| Ullyot, Theodore Warren |
V
| Vance, Jr., Cyrus R. |
W
| Warren, Elizabeth |
Whitman, Margaret C. |
Y
| Yellen, Janet |
Z
| Zhao, Changpeng |
Zilis, Shivon |
Zuckerberg, Mark Elliot |
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