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724 F.2d 747 | 421 F.3d 96 | ACAN | Santiago Amaro v. The Continental Can Company | CUDAHY, Circuit Judge. For plaintiffs Alexina Nechis and Doris Mady, members of health insurance plans offered by Oxford Health Plans, Inc., their assorted aches became a legal pain in the neck when their claims for chiropractor coverage were denied. Both Nechis and Mady had selected plans that covered chiropractic tre... | CONFLICT_NOTED |
724 F.2d 747 | 398 F.3d 765 | C | Santiago Amaro v. The Continental Can Company | OPINION FORESTER, Chief Judge. The Defendant Pfizer, Inc. (“Pfizer”) herein appeals the District Court’s ruling on its motion to dismiss the claims of Plaintiff Joseph Simon (“Simon”). Pfizer argues that the District Court erred in failing to dismiss Simon’s four-count complaint concerning allegedly improper refusal of... | CRITICIZED_OR_QUESTIONED |
724 F.2d 747 | 223 F.3d 814 | ACAN, DR | Santiago Amaro v. The Continental Can Company | HANSEN, Circuit Judge. Twenty-three nurses (“the nurses”) filed an action against the appellees (collectively “Union Pacific”), alleging violations of *816 ERISA 1 and Title VII of the Civil Rights Act of 1964. The district court 2 dismissed both the ERISA and Title VII claims for failure to exhaust administrative reme... | CONFLICT_NOTED |
724 F.2d 747 | 209 F.3d 1309 | ACAN, DR | Santiago Amaro v. The Continental Can Company | PUBLISH IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT APR 20 2000 THOMAS K. KAHN No. 98-5189 CLERK ________________________ D. C. Docket No. 88-06602-CV-NCR ANGELO PERRINO, STEPHEN PLACIDO, EDNA SHEPARD, ARTHUR WILSON, Plaintiffs-App... | CONFLICT_NOTED |
724 F.2d 747 | 111 F.3d 105 | NF | Santiago Amaro v. The Continental Can Company | 111 F.3d 105 97 FCDR 2684, 10 Fla. L. Weekly Fed. C 854 J.W. COUNTS, Plaintiff-Counter-Defendant, Appellant,v.AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY;American General Corporation Plan Administrator,Defendants-Counter-Claimants-Appellees,Gulf Life Insurance Company, et al., Defendants. No. 96-8795. United S... | LIMITED_OR_DISTINGUISHED |
724 F.2d 747 | 50 F.3d 1478 | D | Santiago Amaro v. The Continental Can Company | SHADUR, Senior District Judge. Mario Diaz (“Mario”) and his wife Maria (collectively “Diazes”) sue United Agricultural Employee Welfare Benefit Plan and Trust (the “Plan”) and Associated Citrus Packers (“Associated”) for medical benefits assertedly owed to Diazes under the Plan, an employee welfare benefit plan subject... | LIMITED_OR_DISTINGUISHED |
724 F.2d 747 | 45 F.3d 947 | DR | Santiago Amaro v. The Continental Can Company | E. GRADY JOLLY, Circuit Judge: Brown & Root, Inc. fired Donald Chail-land. Chailland sued Brown & Root, Inc., alleging that it had fired him to prevent him from attaining increased benefits under its pension plan, in violation of § 510 of the Employee Retirement Income Security Act (ERISA). Brown & Root, Inc. moved to ... | CONFLICT_NOTED |
724 F.2d 747 | 994 F.2d 1426 | D, DR | Santiago Amaro v. The Continental Can Company | ALARCON, Circuit Judge: International Union of Operating Engineers-Employers Construction Industry Pension, Welfare and Training Trust Funds (“Trusts”) appeal from the order granting summary judgment in favor of Richard D. Karr, doing business as Alaska Unlimited Company (“AUC”). The Trusts seek reversal of the order d... | LIMITED_OR_DISTINGUISHED, CONFLICT_NOTED |
724 F.2d 747 | 994 F.2d 692 | D | Santiago Amaro v. The Continental Can Company | GOODWIN, Circuit Judge: Flying Tiger Line, Inc. (“Flying Tiger”) and the Flying Tiger pilots’ former union entered into a collectively bargained agreement regarding pilot pension benefits. Appellants, four former Flying Tiger pilots, seek enforcement of the terms of the summary plan description of the pension agreement... | LIMITED_OR_DISTINGUISHED |
724 F.2d 747 | 938 F.2d 823 | C | Santiago Amaro v. The Continental Can Company | HARLINGTON WOOD, JR., Circuit Judge. Plaintiff Donald Powell sued his former employer, A.T. & T. Communications (AT & T), alleging that AT & T discharged him to avoid paying his medical insurance and disability benefits in violation of Section 510 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1140... | CRITICIZED_OR_QUESTIONED |
724 F.2d 747 | 926 F.2d 116 | C | Santiago Amaro v. The Continental Can Company | TIMBERS, Circuit Judge: Appellants Shearson Lehman/American Express, Inc. (Shearson) and Raymond R. Clements appeal from an order entered July 16, 1990 in the District of Connecticut, Jose A. Cabranes, District Judge, denying their motion to compel arbitration of a claim brought by appellees Frank L. Bird, Individually... | CRITICIZED_OR_QUESTIONED |
724 F.2d 747 | 734 F.2d 414 | D | Santiago Amaro v. The Continental Can Company | SKOPIL, Circuit Judge: This case concerns two separate district court actions that have been consolidated on appeal. We are again “confronted with the competing tensions of access to the courts and arbitration.” Amaro v. Continental Can Co., 724 F.2d 747, 748 (9th Cir.1984). At the outset we must decide if a valid arbi... | LIMITED_OR_DISTINGUISHED |
724 F.2d 747 | 723 F. Supp. 2d 268 | ACAN | Santiago Amaro v. The Continental Can Company | ORDER ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT D. BROCK HORNBY, District Judge. On May 17, 2010, 2010 WL 1994790, I granted the defendant employer’s motion to dismiss on grounds of federal preemption and granted the plaintiff employee leave to amend. Now the employee has filed an amended complaint... | CONFLICT_NOTED |
724 F.2d 747 | 132 F. Supp. 2d 989 | C, NF | Santiago Amaro v. The Continental Can Company | *992 ORDER GRANTING IN PART AND DENYING IN PART VARIOUS DEFENDANTS’ MOTIONS TO COM- ' PEL ARBITRATION MORENO, District Judge. This multi-district litigation involves two separate categories of plaintiffs who have filed suit against various insurance companies that provide managed care. One group of plaintiffs consists ... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
724 F.2d 747 | 82 F. Supp. 2d 589 | D | Santiago Amaro v. The Continental Can Company | ORDER AND REASONS •CLEMENT, District Judge. Before the Court are five motions, all of which have been decided on memoranda: Defendant’s Motion for Summary Judgment; Defendant’s Motion for Relief Pursuant to Rule 23(d)(4); Defendant’s Motion for Protective Order and/or Alternatively Motion to Stay Class Discovery Pendin... | LIMITED_OR_DISTINGUISHED |
724 F.2d 747 | 12 F. Supp. 2d 162 | C, NF | Santiago Amaro v. The Continental Can Company | MEMORANDUM AND ORDER FREEDMAN, Senior District Judge. I. INTRODUCTION Looking to compel his former employer to change its allegedly evil ways, plaintiff Mariano Santana (“Santana”) brought a nine-count complaint against defendants Deluxe Corporation (“Deluxe”) and John Hancock Mutual Life Insurance Company (“John Hanco... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
724 F.2d 747 | 977 F. Supp. 1107 | CID, Q | Santiago Amaro v. The Continental Can Company | MEMORANDUM AND ORDER EARL E. O’CONNOR, District Judge. This matter is before the court on the application of defendant R. Scott Christian to stay proceedings until completion of pending arbitration (Doc. # 8). Plaintiff Peruvian Connection (“PC”) has responded and opposes the motion. Defendant has filed a reply. In add... | CRITICIZED_OR_QUESTIONED |
724 F.2d 747 | 957 F. Supp. 1442 | D | Santiago Amaro v. The Continental Can Company | MEMORANDUM OPINION AND ORDER GRAHAM, District Judge. Plaintiff Arthur Falliek is a former employee of defendant Nationwide Mutual Insurance Company, which is a subsidiary of defendant Nationwide Life Insurance Company (both hereinafter occasionally referred to as “Nationwide”). Falliek is a beneficiary of an employee m... | LIMITED_OR_DISTINGUISHED |
724 F.2d 747 | 819 F. Supp. 110 | DR | Santiago Amaro v. The Continental Can Company | ORDER DAVID S. NELSON, Senior District Judge. This matter is before the Court on Third-Party Defendant’s motion to dismiss or, in the alternative, for summary judgment (Docket No. 53). This Court referred the matter to Magistrate Judge Robert B. Collings for review. In a Report and Recommendation (“Report”) issued Marc... | CONFLICT_NOTED |
724 F.2d 747 | 768 F. Supp. 728 | C, CID | Santiago Amaro v. The Continental Can Company | OPINION ON ORDER DENYING PRELIMINARY INJUNCTION AND GRANTING ATTORNEYS’ FEES STOTLER, District Judge. PROCEDURAL HISTORY On April 5, 1991, plaintiff Fabian Financial Services (“Fabian”) filed its Application for Preliminary Injunction seeking to restrain the Kurt H. Volk, Inc. Profit Sharing Plan (the “Plan”) from proc... | CRITICIZED_OR_QUESTIONED |
724 F.2d 747 | 741 F. Supp. 1536 | DR | Santiago Amaro v. The Continental Can Company | EDWIN L. NELSON, District Judge. MEMORANDUM OF OPINION This cause is before the court on motion of the defendant Shearson Lehman Hutton Inc. (Shearson) to stay the proceedings as to it and to compel the plaintiffs to submit their dispute to arbitration and the plaintiffs’ demand for trial by jury on issues relating to ... | CONFLICT_NOTED |
724 F.2d 747 | 2017 U.S. Dist. LEXIS 42887 | ACAN | Santiago Amaro v. The Continental Can Company | MEMORANDUM OPINION TANYA S. CHUTEAN, United States District Judge This case arises out of Plaintiff Henry Perry’s inability to obtain lifetime retiree health benefits after working for the International Brotherhood of Teamsters (IBT) for seventeen years. Defendants IBT and the Teamsters Benefit Trust (TBT) maintain tha... | CONFLICT_NOTED |
724 F.2d 753 | 781 F.2d 692 | D | Balelo v. Baldrige | PREGERSON, Circuit Judge. The district court granted defendants’ motion to suppress evidence seized by the Department of Commerce in a search of packages deposited in the mail by defendants’ company for overseas shipment. On appeal the government contends that the court erred in holding that: (1) the search was not a v... | LIMITED_OR_DISTINGUISHED |
724 F.2d 753 | 796 F. Supp. 1281 | D | Balelo v. Baldrige | ORDER (Motions for Summary Judgment) HOLLAND, Chief Judge. The principal question now before the court is whether or not a rule of the United States Fish and Wildlife Service (FWS) properly interpreted the phrase “authentic native articles of handicrafts”, under the Marine Mammal Protection Act (MMPA). 1 Plaintiffs see... | LIMITED_OR_DISTINGUISHED |
724 F.2d 753 | 621 F. Supp. 734 | D | Balelo v. Baldrige | *737 MEMORANDUM OPINION KOCORAS, District Judge: This matter comes before the Court on the plaintiffs’ motion for summary judgment. Plaintiffs seek an order declaring Illinois’ Thoroughbred Rule 322 and Harness Racing Rule 25.19 unconstitutional under the Fourth and Fourteenth Amendments, permanently enjoining defendan... | LIMITED_OR_DISTINGUISHED |
723 F.2d 730 | 516 U.S. 349 | O | Blackburn Truck Lines, Inc. v. Raymond J. Francis, an Individual Maria Francis, an Individual Crisp International, Inc., a Georgia Corporation | 516 U.S. 349 (1996) PEACOCK v. THOMAS No. 94-1453. United States Supreme Court. Argued November 6, 1995. Decided February 21, 1996. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT *351 Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Soute... | INVALIDATED |
723 F.2d 730 | 389 F.3d 1031 | AR | Blackburn Truck Lines, Inc. v. Raymond J. Francis, an Individual Maria Francis, an Individual Crisp International, Inc., a Georgia Corporation | EBEL, Circuit Judge. The plaintiff employee benefit plans obtained a judgment against Interstate Builders, Inc. for delinquent plan contributions under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, and § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. When collection ef... | INVALIDATED |
723 F.2d 730 | 230 F.3d 489 | C | Blackburn Truck Lines, Inc. v. Raymond J. Francis, an Individual Maria Francis, an Individual Crisp International, Inc., a Georgia Corporation | LYNCH, Circuit Judge. This case presents a difficult question of the limits on the subject matter jurisdiction of the federal courts. At issue is whether a state, not ever subject to diversity jurisdiction, may be subjected to the ancillary enforcement jurisdiction of the federal courts on a theory that the judgment de... | CRITICIZED_OR_QUESTIONED |
723 F.2d 730 | 144 F.3d 7 | AR, OR | Blackburn Truck Lines, Inc. v. Raymond J. Francis, an Individual Maria Francis, an Individual Crisp International, Inc., a Georgia Corporation | TORRUELLA, Chief Judge. In an earlier proceeding, the predecessor of plaintiff Futura Development of Puerto Rico, Inc. (“Futura”) obtained a judgment against the Cooperative Development Company (“CDC”), a public corporation and instrumentality of the Commonwealth of Puerto Rico, in the amount of $12,266,000. See U.S.I.... | INVALIDATED |
723 F.2d 730 | 39 F.3d 493 | C, DW | Blackburn Truck Lines, Inc. v. Raymond J. Francis, an Individual Maria Francis, an Individual Crisp International, Inc., a Georgia Corporation | Affirmed in part and vacated and remanded in part by published opinion. Judge RUSSELL wrote the opinion, in which Judge WIDENER and Senior Judge CHAPMAN joined. OPINION DONALD RUSSELL, Circuit Judge: Jack L. Thomas (“Thomas”), a former employee of Tru-Tech, Inc. (“Tru-Tech”), brought a suit under the Employee Retiremen... | CRITICIZED_OR_QUESTIONED |
723 F.2d 730 | 751 F.Supp. 1158 | D | Blackburn Truck Lines, Inc. v. Raymond J. Francis, an Individual Maria Francis, an Individual Crisp International, Inc., a Georgia Corporation | OPINION AND ORDER EDELSTEIN, District Judge: Respondents move for judgment on the pleadings pursuant to Federal Rules of Civ *1159 il Procedure 9(b), 12(c), 12(h)(3), and for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the following reasons, respondents’ motion to dismiss the instant action for... | LIMITED_OR_DISTINGUISHED |
723 F.2d 730 | 245 F.R.D. 213 | D | Blackburn Truck Lines, Inc. v. Raymond J. Francis, an Individual Maria Francis, an Individual Crisp International, Inc., a Georgia Corporation | MEMORANDUM EDUARDO C. ROBRENO, District Judge. TABLE OF CONTENTS I. BACKGROUND 214 II. THIS COURT’S JURISDICTION...........................................215 A. A Court’s Lack of Subject Matter Jurisdiction Over a Case Is Proper Grounds for Vacatur Under Rule 60(b)(4)...............................215 B. A Motion Unde... | LIMITED_OR_DISTINGUISHED |
724 F.2d 789 | 397 F.3d 544 | C, D | Brothers v. First Leasing | MANION, Circuit Judge. Brenda Laramore sued Ritchie Realty Management Company (“Ritchie”) claiming that Ritchie violated the Equal Credit Opportunity Act, 15 U.S.C. § 1691 (the “ECOA”) when it informed her that she could not apply to rent an apartment it managed because she received public assistance. The district cour... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
724 F.2d 789 | 389 F.3d 1284 | D | Brothers v. First Leasing | Opinion for the court filed by Circuit Judge HENDERSON. KAREN LeCRAFT HENDERSON, Circuit Judge: Pat O’Donnell (O’Donnell) appeals the district court’s summary judgment in favor of appellees Mick’s at Pennsylvania Ave., Inc. (Mick’s) and Morton’s Restaurant Group, Inc. (Morton’s). Mick’s was the lessee of a restaurant p... | LIMITED_OR_DISTINGUISHED |
724 F.2d 789 | 104 F. Supp. 3d 1012 | D, DE | Brothers v. First Leasing | Order Granting Defendant’s Motion for Summary Judgment YVONNE GONZALEZ ROGERS, UNITED STATES DISTRICT COURT JUDGE Now before the Court is defendant Way-point Homes’ motion for summary judgment. Having carefully considered the papers submitted, the evidence of record, and the arguments of counsel, and for the reasons se... | LIMITED_OR_DISTINGUISHED |
724 F.2d 789 | 498 F. Supp. 2d 746 | C | Brothers v. First Leasing | MEMORANDUM AND ORDER JOHN E. JONES III, District Judge. THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: Pending before this Court is a Motion to Dismiss Counts IV and V of the Complaint Pursuant to Federal Rule of Civil Procedure 12(b) (6) (“the Motion”), filed by all Defendants 1 to this action on April 13, *747 2007. (Re... | CRITICIZED_OR_QUESTIONED |
724 F.2d 789 | 6 F. Supp. 2d 714 | C, DW | Brothers v. First Leasing | OPINION AND ORDER MARBLEY, District Judge. INTRODUCTION This matter comes before the Court on Plaintiffs Motion for Summary Judgment (doc. 6). Plaintiff,.Liberty Leasing Company, filed this action against Defendant, Jenny Lin Machamer, seeking to recover on two guarantees executed by Defendant on behalf of her husband’... | CRITICIZED_OR_QUESTIONED |
724 F.2d 789 | 2017 U.S. Dist. LEXIS 10636 | DR, Q | Brothers v. First Leasing | OPINION & ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS (Dkt. 25) MARK A. GOLDSMITH, United States District Judge Plaintiff William Dorton filed his amended complaint against Defendants on June 6, 2016, alleging that Defendants violated the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691 et seq. (“ECOA”), when they comm... | CONFLICT_NOTED, CRITICIZED_OR_QUESTIONED |
723 F.2d 1431 | 836 F.2d 1227 | D | Rolando Lopez Chavez v. Immigration and Naturalization Service | FLETCHER, Circuit Judge: Petitioner Manuel Diaz Arteaga is a 24 year old native and citizen of El Salvador. At a deportation hearing in December 1984, Arteaga admitted that he had entered the United States without inspection in February 1984, in violation of 8 U.S.C. § 1251(a)(2). He conceded deportability and applied ... | LIMITED_OR_DISTINGUISHED |
723 F.2d 1431 | 776 F.2d 1407 | D | Rolando Lopez Chavez v. Immigration and Naturalization Service | TANG, Circuit Judge: Salvador Del Valle petitions for review of a deportation order from the Board of Immigration Appeals (BIA). Affirming the decision of the Immigration Judge (IJ), the BIA determined that petitioner had not established eligibility for withholding of deportation under section 243(h) of the Immigration... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 492 U.S. 158 | DW, O | Equal Employment Opportunity Commission v. Borden's, Inc. | 492 U.S. 158 (1989) PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO v. BETTS No. 88-389. Supreme Court of United States. Argued March 28, 1989 Decided June 23, 1989 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT *160 Andrew I. Sutter, Assistant Attorney General of Ohio, argued the cause for appellant. ... | CRITICIZED_OR_QUESTIONED, INVALIDATED |
724 F.2d 1390 | 371 F.3d 645 | OR | Equal Employment Opportunity Commission v. Borden's, Inc. | 371 F.3d 645 David ENLOW, Plaintiff-Appellant,v.SALEM-KEIZER YELLOW CAB CO., INC., an Oregon corporation, Defendant-Appellee. No. 02-35881. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 4, 2003. Filed June 10, 2004. COPYRIGHT MATERIAL OMITTED John S. Razor, The Law Office of John S. Razor... | INVALIDATED |
724 F.2d 1390 | 258 F.3d 731 | D, OR, Q | Equal Employment Opportunity Commission v. Borden's, Inc. | ROSS, Circuit Judge. Tom Cooney, Jr. and sixteen co-plaintiffs (appellants) appeal from the district court’s 1 grant of summary judgment in favor of Union Pacific Railroad Company (UP) on their disparate treatment claim under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634. We affirm. Background I... | LIMITED_OR_DISTINGUISHED, INVALIDATED, CRITICIZED_OR_QUESTIONED |
724 F.2d 1390 | 255 F.3d 1322 | C | Equal Employment Opportunity Commission v. Borden's, Inc. | PUBLISH IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ELEVENTH CIRCUIT _______________ JULY 05, 2001 THOMAS K. KAHN CLERK No. 99-15306 _______________ D. C. Docket No. 95-00123 CV OC-10A WANDA L. ADAMS, LEO L. FLOYD, et al., Plaintiffs, Counter-defendants, Appellants, versus... | CRITICIZED_OR_QUESTIONED |
724 F.2d 1390 | 164 F.3d 696 | NF | Equal Employment Opportunity Commission v. Borden's, Inc. | SELYA, Circuit Judge. Plaintiff-appellant William Mullin sued his employer, defendant-appellee Raytheon Company, contending that his demotion (and a concomitant reduction in remuneration) constituted age discrimination in contravention of both the federal Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-63... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 49 F.3d 75 | OR | Equal Employment Opportunity Commission v. Borden's, Inc. | JACOBS, Circuit Judge, dissenting: I respectfully dissent. The majority frames the issue as “whether, by adopting the Air National Guard’s (the “Guard”) mandatory age-60 retirement policy as a term of employment,” the Division violated the ADEA. Having framed the issue in that way, the majority has little trouble concl... | INVALIDATED |
724 F.2d 1390 | 41 F.3d 1073 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | 41 F.3d 1073 66 Fair Empl.Prac.Cas. (BNA) 85, 65 Empl.Prac. Dec. P 43,301,63 USLW 2265, 96 Ed. Law Rep. 77 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant,v.FRANCIS W. PARKER SCHOOL, Defendant-Appellee. No. 93-3395. United States Court of Appeals,Seventh Circuit. Argued April 20, 1994.Decided Oct. 21, 1994... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 959 F.2d 216 | OR | Equal Employment Opportunity Commission v. Borden's, Inc. | RONEY, Senior Circuit Judge: This case questions the proper venue of an age discrimination claim against a Government agency. Since there is no venue provision in the Age Discrimination in Employment Act itself, we hold that the general venue statute applies and that venue of this case was in the Middle District of Flo... | INVALIDATED |
724 F.2d 1390 | 943 F.2d 996 | OR | Equal Employment Opportunity Commission v. Borden's, Inc. | FERNANDEZ, Circuit Judge: Farmers Group, Inc., its affiliated companies, its pension plan trust, and its profit sharing trust (Farmers) appeal the district court’s grant of summary judgment in favor of American Association of Retired Persons (AARP), and a number of current or former employees of Farmers, all of whom ar... | INVALIDATED |
724 F.2d 1390 | 896 F.2d 463 | IOR | Equal Employment Opportunity Commission v. Borden's, Inc. | JOHN P. MOORE, Circuit Judge. In this case, the Mobil Oil Corporation and one of its former employees, Porter Mitchell, dispute whether changes which Mobil made in its employee benefit plan violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, and the Employee Retirement Income Security Act (E... | INVALIDATED |
724 F.2d 1390 | 882 F.2d 444 | DR, Q | Equal Employment Opportunity Commission v. Borden's, Inc. | SCHROEDER, Circuit Judge: Paul Robinson, a retiree from employment with the County of Fresno in California, appeals the district court’s grant of summary judgment dismissing his claim against the County for age discrimination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1982 & ... | CONFLICT_NOTED, CRITICIZED_OR_QUESTIONED |
724 F.2d 1390 | 785 F.2d 51 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | FRIENDLY, Circuit Judge: This is an appeal from an order of the District Court for the Western District of New York granting summary judgment in favor of defendants in an action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, brought by two former teachers in the North Tonawanda City School... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 772 F.2d 1294 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | CUDAHY, Circuit Judge. Grace Dummert taught for the defendant Fox Point-Bayside School District (the “School District”) for about thirty years, from approximately 1948 until she was forced to retire in 1979. The Equal Employment Opportunity Commission (the “EEOC”) brought this action under sections 16(c) and 17 of the ... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 768 F.2d 593 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | JAMES DICKSON PHILLIPS, Circuit Judge: This is an appeal by certain pension-eligible employees of DuPont de Nemours & Co. (DuPont) from a judgment dismissing their action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq. The issue is whether conditioning the availability of a general sever... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 741 F.2d 975 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | PELL, Circuit Judge. Defendant-appellee Federal National Mortgage Association (FNMA) dismissed appellant Cletus Parker after a sweeping staff reorganization eliminated twenty-three positions at FNMA’s Chicago office. Parker brought this suit against his former employer alleging that FNMA’s decision whom to dismiss was ... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 392 F. Supp. 2d 1274 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | OPINION AND ORDER 1 JOYNER, United States Magistrate Judge. Defendant has moved to dismiss Plaintiffs first and second causes of action. Plaintiff has moved to amend Plaintiffs complaint. The motions were referred to the United States Magistrate Judge for decision, and the parties consented. Defendant’s motion to dismi... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 893 F. Supp. 927 | OR | Equal Employment Opportunity Commission v. Borden's, Inc. | ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT TAYLOR, District Judge. The Equal Employment Opportunity Commission brought this age discrimination suit against a school district and the union representing the district’s teachers. The defendants negotiated a salary structure that gives higher pay to teachers wi... | INVALIDATED |
724 F.2d 1390 | 869 F. Supp. 767 | OR | Equal Employment Opportunity Commission v. Borden's, Inc. | MEMORANDUM OF DECISION AND ORDER McNAMEE, District Judge. INTRODUCTION In 1987, Defendant California Micro Devices [hereinafter “CMD”] took over a Tempe, Arizona facility previously owned and operated by GTE. GTE had employed William R. Spillane at the time of the takeover, and CMD kept Mr. Spillane on as an equipment ... | INVALIDATED |
724 F.2d 1390 | 839 F. Supp. 708 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | ORDER GRANTING SUMMARY JUDGMENT FOR. DEFENDANT DENYING SUMMARY JUDGMENT FOR PLAINTIFF AND DENYING LEAVE TO AMEND WHYTE, District Judge. Plaintiff John Felde (“Felde” or “plaintiff’) and defendant City of San Jose’s (“the City”) motions for summary judgment and Felde’s motion for leave to amend his complaint were heard ... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 738 F. Supp. 118 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | OPINION AND ORDER CONBOY, District Judge: Plaintiff Marion T. Gabarczyk brought this action against defendants the Board of Education of the City School District of Poughkeepsie (“the Board”) and the Poughkeepsie Public School Teachers Association (“PPSTA”), alleging that defendants discriminated against her on the bas... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 701 F. Supp. 296 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | OPINION FRANCIS J. BOYLE, Chief Judge. The fifty-four Plaintiffs in this action seek damages approximating $1,300,000 from their former employer, Fulflex, Inc., the Defendant, contending that they were discriminated against on the basis of their age. The Defendant Fulflex, Inc. until March 1, 1986 manufactured elastic ... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 700 F. Supp. 1199 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | CURTIN, Chief Judge. This case is before the court on remand from the Second Circuit, Cipriano v. Board of Education of the City School District of the City of North Tonawanda, New York, 785 F.2d 51 (2d Cir.1986), reversing this court’s order dated April 2, 1985 (Item 17), which granted summary judgment in favor of def... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1390 | 650 F. Supp. 1561 | D | Equal Employment Opportunity Commission v. Borden's, Inc. | ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT McRae, District Judge. The plaintiff, the Equal Employment Opportunity Commission (EEOC), and the defendants, the Firestone Tire & Rubber Company (Firestone), the International Union of United Rubber, Cork, Linoleum & Plastic Workers of America, AFL-CIO, and Local ... | LIMITED_OR_DISTINGUISHED |
723 F.2d 707 | 701 F. Supp. 66 | D | Garter-Bare Company, an Unincorporated Association (A Limited Partnership), and Knut L. Bjorn-Larsen, and v. Munsingwear Inc., a Corporation | OPINION AND ORDER CONBOY, District Judge: This case has been the subject of complex and protracted procedural and substantive argument since its inception in 1986. This Court issued a lengthy opinion and order granting partial summary judgment upon and dismissal of some of the plaintiffs’ claims on April 25, 1988 and i... | LIMITED_OR_DISTINGUISHED |
722 F.2d 1471 | 146 F.3d 242 | D | George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354 | DENNIS, Circuit Judge: This arbitration-related case arises from an original dispute over whether General Motors Corporation (“GMC”), as a lessee, owes its lessor, Pamela Equities Corporation (“PEC”), damages for failure to return leased premises in good condition. The parties agree that the original dispute is subject... | LIMITED_OR_DISTINGUISHED |
722 F.2d 1471 | 898 F.2d 1136 | D | George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354 | MILBURN, Circuit Judge. Plaintiff-appellant Vic Wertz Distributing Company appeals the district court’s summary judgment enforcing an arbitration award for Teamsters Local 1038 and dismissing Wertz’s action challenging the arbitration award. For the reasons that follow, we affirm. I. On November 1,1983, Local 1038 ente... | LIMITED_OR_DISTINGUISHED |
722 F.2d 1471 | 795 F.2d 1400 | D | George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354 | 795 F.2d 1400 122 L.R.R.M. (BNA) 2993, 55 USLW 2087,105 Lab.Cas. P 12,012 CHAUFFEURS, TEAMSTERS AND HELPERS, LOCAL UNION 238, Appellant,v.C.R.S.T., INC. (sic), Appellee. No. 85-1301. United States Court of Appeals,Eighth Circuit. Submitted May 13, 1986.Decided July 16, 1986. Neil A. Barrick, Des Moines, Iowa, for appel... | LIMITED_OR_DISTINGUISHED |
722 F.2d 1471 | 34 Cal. App. 4th 1085 | D | George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354 | Opinion VARTABEDIAN, J. This is an appeal from a judgment confirming an arbitration award. Appellants primarily contend that arbitration should not have been compelled in the first instance and that the arbitrator failed to disclose certain conflicts of interest. We reverse the judgment and remand the matter to superio... | LIMITED_OR_DISTINGUISHED |
723 F.2d 1440 | 631 F.3d 652 | C, CID | Hawaiian Electric Co. v. United States Environmental Protection Agency | OPINION OF THE COURT AMBRO, Circuit Judge. The Environmental Protection Agency (“EPA”) issued a letter opining that facili *654 ties operated by Ocean County Landfill Corporation (“OCLC”) and Manchester Renewal Power Holdings (“MRPC”) were under common control for the purposes of air emissions permitting. In this petit... | CRITICIZED_OR_QUESTIONED |
723 F.2d 1440 | 225 F.3d 1144 | D | Hawaiian Electric Co. v. United States Environmental Protection Agency | MURPHY, Circuit Judge. 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. Pursuant t... | LIMITED_OR_DISTINGUISHED |
727 F.2d 823 | 993 F. Supp. 743 | D | R. Dean Hollins v. Kaiser Foundation Hospitals, the Permanente Medical Group, and Kaiser Foundation Health Plan | ORDER VACATING HEARING DATE; GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT CHESNEY, District Judge. Plaintiff was fired from his job of 19 years after he signed a statement admitting drug use. He filed a complaint for breach of contract in state court, which was removed to this Court on the ground that the terms of ... | LIMITED_OR_DISTINGUISHED |
727 F.2d 823 | 437 Mich. 441 | D | R. Dean Hollins v. Kaiser Foundation Hospitals, the Permanente Medical Group, and Kaiser Foundation Health Plan | 437 Mich. 441 (1991) 473 N.W.2d 249 AMALGAMATED TRANSIT UNION, LOCAL 1564, AFL-CIO v. SOUTHEASTERN MICHIGAN TRANSPORTATION AUTHORITY Docket No. 85589, (Calendar No. 5). Supreme Court of Michigan. Argued October 2, 1990. Decided July 15, 1991. Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by Theodore ... | LIMITED_OR_DISTINGUISHED |
723 F.2d 737 | 424 F.3d 864 | D | In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur Comer | THOMAS, Circuit Judge: In this appeal, we are presented with the question of whether a bankruptcy court has subject matter jurisdiction to enter a money judgment in a nondis-chargeability adversary proceeding where the underlying debt has been reduced to judgment in state court. We conclude that it may and affirm the d... | LIMITED_OR_DISTINGUISHED |
723 F.2d 737 | 186 B.R. 67 | C, NF | In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur Comer | MEMORANDUM OPINION DOUGLAS 0. TICE, Bankruptcy Judge. Plaintiff brought this adversary proceeding by complaint to except a prepetition state court judgment against debtor from discharge pursuant to 11 U.S.C. § 523(a)(6). Plaintiff now moves the court on the basis of res judicata to grant summary judgment to fix the amo... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
723 F.2d 737 | 104 B.R. 22 | D | In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur Comer | MEMORANDUM OPINION AND ORDER KENT LINDQUIST, Chief Judge. I Statement of Proceedings On November 29, 1985, Joseph Gellen-beck and Terry Gellenbeck (hereinafter: “Plaintiffs”) filed their Adversarial Complaint and Objection to Discharge in Bankruptcy before this Court. The complaint prays that a certain state court judg... | LIMITED_OR_DISTINGUISHED |
723 F.2d 737 | 104 B.R. 8 | D | In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur Comer | MEMORANDUM OPINION AND ORDER 1 I Statement of Proceedings On April 12, 1985, the Plaintiffs filed their complaint versus the Defendant in the above adversary proceeding praying that a certain order or judgment entered in favor of the Plaintiffs versus the Defendant in the Lake Superior Court, Room Two, under Cause No. ... | LIMITED_OR_DISTINGUISHED |
723 F.2d 737 | 79 B.R. 1016 | NF | In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur Comer | MEMORANDUM DECISION ROBERT D. MARTIN, Chief Judge. On February 12, 1983, William Wagner struck Conrad Molldrem in the head four times with an iron bar. As a result of his injuries Conrad died. Wagner was prosecuted for first degree murder but was acquitted. In 1985, the plaintiffs herein, Conrad’s widow, Carol, his est... | LIMITED_OR_DISTINGUISHED |
723 F.2d 737 | 46 B.R. 489 | D | In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur Comer | ABRAHAMS, Bankruptcy Judge. This is an appeal from a judgment that the debtor’s obligation on a stipulated judgment debt is dischargeable. We affirm. The plaintiffs sold the debtor a business, Tax Control Bureau, Inc. The debtor pledged all of the stock of the business to the plaintiffs as security for the sale price. ... | LIMITED_OR_DISTINGUISHED |
723 F.2d 737 | 313 S.W.3d 114 | C, NF | In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur Comer | Opinion of the Court by Justice ABRAMSON. Sunbeam Corporation appeals from a 2009 Order of the Court of Appeals denying its petition for a writ to compel its dismissal from a wrongful death action. Agreeing with the Court of Appeals that Sunbeam has failed to establish its entitlement to extraordinary relief, we affirm... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
722 F.2d 1448 | 197 Cal.App.3d 638 | NF | Tri-State Livestock Credit Corp. v. Ellsworth (In re Ellsworth) | Opinion STONE (W. A.), J. * Statement of the Case Appellant, Amstar Corporation (Amstar), appeals from a money judgment rendered against it in an action for conversion of crop proceeds. The case presents a number of novel issues in California involving the interplay *643 of sections 9306, 9307 and 9318 of the Californi... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 838 F.2d 405 | D, Q | Matthews v. Transamerica Financial Services | LOGAN, Circuit Judge. Russell Fred Billings and Julia Darlene Billings (debtors) appeal the order of the district court, 63 B.R. 717, affirming the *406bankruptcy court’s denial of their motion pursuant to 11 U.S.C. § 522(f) to avoid a lien held by Avco Colorado Industrial Bank (creditor), and affirming the bankruptcy ... | LIMITED_OR_DISTINGUISHED, CRITICIZED_OR_QUESTIONED |
724 F.2d 798 | 369 B.R. 564 | D, DE | Matthews v. Transamerica Financial Services | OPINION AND ORDER ON OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN MARILYN MORGAN, Bankruptcy Judge. Introduction Wells Fargo Financial Acceptance (WFFA) objects to confirmation of Leticia *566 Acaya’s proposed chapter 13 plan. At issue is whether the negative equity from Acaya’s trade-in vehicle should be treated as pu... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 307 B.R. 684 | DE | Matthews v. Transamerica Financial Services | ORDER AFFIRMING BANKRUPTCY COURT’S JUDGMENT IN FAVOR OF EDUCATIONAL CREDIT MANAGEMENT CORPORATION TIMLIN, District Judge. Appellant Laura Ann Levernier (“Lev-ernier”) appeals the judgment by the United States Bankruptcy Court for the Central District of California in favor of Appellee Educational Credit Management Corp... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 267 B.R. 614 | C, D | Matthews v. Transamerica Financial Services | ORDER RE MOTION TO AVOID LIEN AND MOTION TO DETERMINE VALUE OF LIEN AND DETERMINATION OF SECURED STATUS OF FIRST SOUTHEAST BANK AS TO CERTAIN PERSONAL PROPERTY PAUL J. KILBURG, Chief Judge. The matter before the Court is Debtors’ Motion to Avoid Lien and Motion to Determine Value of Lien and Determination of Secured St... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 259 B.R. 163 | D | Matthews v. Transamerica Financial Services | ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT JAMES R. GRUBE, Bankruptcy Judge. I. INTRODUCTION Plaintiff Fleet. Capital Corporation (“Fleet”) and defendant Sutherland Presses (“Sutherland”) filed cross-motions for summary judgment in the above-entitled adversary proceeding, involving a priority dispute between the parti... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 244 B.R. 458 | D | Matthews v. Transamerica Financial Services | *460 OPINION JOHN E. RYAN, Bankruptcy Judge. I. INTRODUCTION On April 20, 1998, Laura A. Levernier (“Debtor”) filed a complaint (the “Complaint”) to determine the dischargeability of a consolidation loan (the “Consolidation Loan”) pursuant to 11 U.S.C. § 523(a)(8) 1 against the Student Loan Marketing Association (“Sall... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 174 B.R. 54 | C, NF | Matthews v. Transamerica Financial Services | MEMORANDUM OPINION WILLIAM E. ANDERSON, Bankruptcy Judge. Before the court is an objection filed by Schewel Furniture Company, Inc. (Schewel) to confirmation of the chapter 13 plan of debtor Dorothy E. Leftwieh. FACTS The debtor has purchased a number of items of furniture from Schewel pursuant to installment sale agre... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 172 B.R. 572 | NF | Matthews v. Transamerica Financial Services | OPINION AND ORDER DENYING MOTION TO AVOID LIEN WALTER J. KRASNIEWSKI, Bankruptcy Judge. This matter is before the Court upon Michael and Kelly Krueger’s (“Debtors”) motion to avoid a lien held by City Loan Financial Services (“CLFS”) in certain furniture (the “Furniture”) acquired with the proceeds of a loan obtained f... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 170 B.R. 128 | C, NF | Matthews v. Transamerica Financial Services | OPINION KENNETH J. MEYERS, Bankruptcy Judge. Debtors Robert and Dawn Short seek to avoid the hen of American General Finance, Inc. (“American”) as a nonpossessory, non-purchase money security interest impairing an exemption claimed by them in household goods. See 11 U.S.C. § 522(f)(2). American objects that its hen is ... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 156 B.R. 693 | C, NF | Matthews v. Transamerica Financial Services | ORDER AND MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEBTOR’S VERIFIED MOTION TO AVOID LIEN ROBERT A. MARK, Bankruptcy Judge. Debtor seeks an order under § 522(f)(2)(A) of the Bankruptcy Code *694 avoiding a lien against certain household goods including a stereo system that was originally financed by a pu... | CRITICIZED_OR_QUESTIONED, LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 117 B.R. 387 | NF | Matthews v. Transamerica Financial Services | OPINION WILLIAM V. ALTENBERGER, Bankruptcy Judge. This matter is before the Court on the Motion for Relief from the Automatic Stay filed by VISCO FINANCE (VISCO) and the objection by VISCO to the Statement of Intention filed by the Debtors, DAVID and CHRISTINE HATFIELD (HATFIELDS) along with the HATFIELDS’ counterclaim... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 116 B.R. 42 | NF | Matthews v. Transamerica Financial Services | *43 MEMORANDUM OPINION JUDITH K. FITZGERALD, Bankruptcy Judge. Before the court is a Motion to Avoid Lien filed by Debtor to which a Response coupled with a Motion to Terminate Automatic Stay were filed on behalf of American General Consumer Discount Company (hereinafter AGCDC). On April 17, 1984, the Debtor borrowed t... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 84 B.R. 604 | NF | Matthews v. Transamerica Financial Services | MEMORANDUM ORDER NANCY C. DREHER, Bankruptcy Judge. This matter came on for hearing before the undersigned on February 18, 1988, on the Debtors’ motion, pursuant to 11 U.S.C. § 522(f), to avoid the lien of Farmers Home Administration (“FmHA”) on certain of the Debtors’ farm machinery, equipment, and a vehicle to the ex... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 63 B.R. 717 | NF | Matthews v. Transamerica Financial Services | MEMORANDUM OPINION AND ORDER ARRAJ, District Judge. This matter is before the Court on an appeal from a decision of the United States Bankruptcy Court for the District of Colorado, Patricia A. Clark, Judge, denying Appellants’ motion to avoid a lien pursuant to 11 U.S.C. § 522(f), and denying confirmation of Appellants... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 52 B.R. 314 | NF | Matthews v. Transamerica Financial Services | OPINION EMIL F. GOLDHABER, Chief Judge: The matter on point is whether a purchase-money security interest loses its character as such for purposes of lien avoidance under 11 U.S.C. § 522(f) of the Bankruptcy Code (“the Code”), when the debtor and the creditor effect a novation of the loan agreement. Based largely on bi... | LIMITED_OR_DISTINGUISHED |
724 F.2d 798 | 48 B.R. 916 | D | Matthews v. Transamerica Financial Services | MEMORANDUM DECISION ROBERT CLIVE JONES, Bankruptcy Judge. Plaintiff, Bond’s Jewelers, Inc. (Bond), brought this adversary proceeding against the debtor, Todd W. Linklater, to determine the dischargeability of a debt under 11 U.S.C. § 523(a)(6) (Bankruptcy Code). The Court must determine whether a perfected purchase mon... | LIMITED_OR_DISTINGUISHED |
724 F.2d 1368 | 592 F. Supp. 1173 | C | International Philanthropic Hospital Foundation v. Heckler | MEMORANDUM MERHIGE, District Judge. This is a civil action brought pursuant to 42 U.S.C. § 1395oo (f) to review a final decision of the Secretary of the United States Department of Health & Human Services (“the Secretary”). The plaintiffs are Virginia hospitals who are approved providers of hospital services under Titl... | CRITICIZED_OR_QUESTIONED |
724 F.2d 831 | 746 F.3d 418 | D | Eddie G. Javor v. United States | OPINION RAWLINSON, Circuit Judge: Petitioner-Appellant Roger Murray (Roger) appeals the district court’s denial of his petition for habeas corpus challenging the death sentence imposed following his convictions for murder and armed robbery. I. BACKGROUND 1 Dean Morrison (Morrison), age 65, and Jacqueline Appelhans (App... | LIMITED_OR_DISTINGUISHED |
724 F.2d 831 | 497 F.3d 757 | D | Eddie G. Javor v. United States | CUDAHY, Circuit Judge. The petitioner, Derryle S. McDowell, was convicted of sexual assault, kidnapping and armed robbery and was sentenced to 200 years in prison. At trial, McDowell’s trial counsel had him testify in a narrative form rather than lead him through a question and answer format. In considering McDowell’s ... | LIMITED_OR_DISTINGUISHED |
724 F.2d 831 | 231 F.3d 950 | D | Eddie G. Javor v. United States | 231 F.3d 950 (5th Cir. 2000) CALVIN JEROLD BURDINE, Petitioner-Appellee,v.GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellant. No. 99-21034 UNITED STATES COURT OF APPEALS, FIFTH CIRCUIT October 27, 2000 Appeal from the United States District Court for the Southe... | LIMITED_OR_DISTINGUISHED |
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