298 F. App’x 138, 140 3d Cir. 2008“‘A benefit is not a protected entitlement if government 20 Even if Plaintiffs could demonstrate the existence of some constitutional right to conduct their walking tours on federal grounds by means acceptable to them, their Amended. no. 10-1479 in the united states court of appeals for the third circuit _____ maria argueta; walter chavez; ana galindo; w.c., by and. Corp. v. Columbiana Cty. Bd. of Revision 1998, 82 Ohio St.3d 193, 195, 694 N.E.2d 1324. Because appellant Ferrone failed to carry his burden of proof on the issue of valuation, and because the BTA’s factual determination is supported by the evidence in the record, we affirm the BTA’s decision. Although Plaintiff’s equal protection claim has survived the motion to dismiss, to ultimately prevail, Plaintiff must prove that he was in fact treated differently from other inmates, and without any rational justification for the difference in treatment. See Ferrone v. Onorato, 298 Fed. Appx. 190, 196 3d Cir. 2008. B.
SENATE JUDICIARY COMMITTEE QUESTIONNAIRE. APPENDIX. 1 Question 13b: Provide citations for all opinions you have written, including concurrences and. U.S. v. Cavera, 550 F.3d 180 2d Cir. 2008 dissenting Catskill Development, L.L.C. v. Park Place Entertainment Corp., 547 F.3d 115 2d Cir. v. Waide, 534 F.3d 1227, 1242-43 10th Cir. 2008. Because Silver is proceeding pro se, “we construe his pleadings liberally.” Ledbetter v. City of Topeka, 318 F.3d 1183, 1187 10th Cir. 2003. But a complaint “that offers labels and conclusions or a formulaic recitation of the elements of a. TOXCO INC., Plaintiff, v. Steven CHU, in his official capacity as Secretary of the U.S. Department of Energy, Defendant. Until 2000, the DOE operated a research facility known as the Separation Process Research Unit "SPRU" in Niskayuna, New York, which was used for research on the separation of. The Constitutional Guided Walking Tours, LLC and its owners, Jonathan H. Bari and Leslie S. Bari hereinafter collectively referred to as "Plaintiffs", were engaged in the operation of a commercial walking tour of Independence National Historical Park INHP and the surrounding area between the years of 2005 and 2010. 1 Defendant National Park.
See City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 128 2d Cir.2011. We review for abuse of discretion a district court’s ruling on a motion for entry of a party’s default or for entry of default judgment, see Pecarsky v.Ltd., 249 F.3d 167, 171 2d Cir. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STANDING ROCK SIOUX TRIBE, Plaintiff, and CHEYENNE RIVER SIOUX TRIBE, Plaintiff-Intervenor, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant, and DAKOTA ACCESS, LLC, Defendant-Intervenor and Cross-Claimant Case No. 1:16-cv-01534 JEB. And in Perry v. Dowling, 95 F.3d 231 2d Cir. 1996, we held that a state agency’s interpretation of the Medicaid statute was entitled to deference because “Medicaid is a joint federal-state program that requires, among other things, HHS approval of state Medicaid plans and their implementation.” Id. at 236. May 01, 2008 · United States v. Fuller, 162 F.3d 256, 260 4th Cir.1998, cited in United States v. Ansaldi 372 F.3d 118, 128 2d Cir.2004. A good faith defense does not apply where the law does not require as part of its mens rea element, proof of a Defendant's knowledge of the legal duty. United States v. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION CARRIE ELIZABETH PUGH WOOD, Plaintiff, v. MOREQUITY, INC., Defendant. CIVIL NO. 3:07CV00064 MEMORANDUM OPINION JUDGE NORMAN K. MOON This matter is before the Court on the parties’ cross-Motions for Summary Judgment docket 11 and 14.
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 10a0010p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _____ GOTTFRIED KELLERMANN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. X---->,---N No. 08-3927 On Petition for Review from a Decision of the Board of Immigration Appeals. No. Taylor v. Vallelunga Case Brief - Rule of Law: For one to recover for emotional distress when she has experienced no physical injury, she must establish that the Defendant intentionally caused her to suffer from severe emotional distress. Facts. Plaintiff Taylor witness. Aug 22, 2017 · The fact-specific nature of the analysis leads to great uncertainty as to whether a limited liability company interest is a security. Courts take into account multiple factors in making this. no. 10-730 in the supreme court of the united states livingston rondell johnson, petitioner. v. e. ric. h. h. older, j. r., a. ttorney. g. eneral. on petition for a writ of certiorari to the united states court of appeals. Chapman v. Higbee Co., 319 F.3d 825, 833 6th Cir. 2003 citation omitted. Only the public function and nexus tests are applicable here. 1. Public Function Test The term “public function” is a bit of a misnomer, at least in the context of private actors.
> LexRoll 2nd Cir. > Second Circuit Court of Appeals Opinions > REVSON v. CINQUE CINQUE, P.C., 221 F.3d 71 2nd Cir. 2000. Ethan Allen, Inc., 115 F.3d 143, 154 2d Cir. 1997. A district court necessarily abuses its discretion if its conclusions are based on an erroneous determination of law or on clearly erroneous factual findings. Jul 10, 2009 · Opinion for Sestito v. DeBRULAR, 634 F. Supp. 2d 615 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
The majority argues that the off-the-cuff accusation and slur emitted by Gafoor's assailants amount to proof of enumerated motives by analogizing Gafoor's case to those of the successful petitioners in Surita v. INS, 95 F.3d 814 9th Cir. 1996, and Prasad Gaya v. INS, 101 F.3d 614 9th Cir. Dec 04, 2001 · See Anderson v. Russell, 247 F.3d 125, 129 4th Cir.2001. We must view the evidence in the light most favorable to Anderson, the non-movant, and draw all reasonable inferences in her favor without weighing the evidence or assessing the witnesses' credibility. See Sales v. Grant, 158 F.3d 768, 775 4th Cir.1998. Judgment as a matter of law is.
358 F.3d 674, 677 9th Cir. 2004 "[E]xhaustion of administrative remedies is a prerequisite to our jurisdiction.". To the extent Lu asserts a First Amendment claim on the basis that the IJ made inappropriate comments about Lu's exercise of his religion, our review of that claim is similarly foreclosed for failure to exhaust. United States Court of Appeals. FOR THE DISTRICT OF COLUMBIA CIRCUIT. Argued October 21, 2013 Decided February 4, 2014. No. 12-5254. UNITED STATES OF AMERICA, APPELLEE. v. REGENERATIVE SCIENCES, LLC, A CORPORATION, ET AL., APPELLANTS. Appeal from the United States District Court. for the District of Columbia No. 1:10-cv-01327. The Second Circuit "held in Torres v. Pisano, 116 F.3d 625 2d Cir.1997, that the New York Workers' Compensation Law barred a common law negligence claim that was asserted on the basis of an alleged hostile work environment because of co-worker harassment. Id. at 640." Ferris v. Delta Air Lines, Inc., 277 F.3d 128, 138 2d Cir.2001.
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