Cases

McHUGH, Circuit Judge. I. INTRODUCTION This- case involves a dispute over the scope of the Motor Carrier Act exemption from the overtime pay requirements of the Fair Labor Standards Act (FLSA) and the Colorado Minimum Wage Order (Wage Order). Joe Deherrera and several other complainants (Plaintiffs), who were commercial truck drivers for Decker Truck

Affirmed and Plurality, Concurring, and Dissenting Opinions filed December 31, 2020. In The Fourteenth Court of Appeals NO. 14-19-00488-CV GENSETIX, INC., Appellant V. BAYLOR COLLEGE OF MEDICINE, DIAKONOS RESEARCH, LTD., AND WILLIAM K. DECKER, Appellees On Appeal from the 129th District Court

MEMORANDUM OPINION ELLEN LIPTON HOLLANDER, District Judge. In this case, I must consider whether a health benefits plan is entitled to reimbursement of medical expenses from the proceeds of a tort settlement received by its beneficiary from a third party. Bureau of National Affairs, Inc. (“BNA”), plaintiff, as fiduciary of the Bureau of National Affairs, Inc. Welfare Benefit Plan (the “Plan”), sued Marcia Ch

644 F.Supp.2d 535 (2009) Alexander ALLI and Elliot Grenade, Petitioners, v. Thomas DECKER, et al., Respondents. No. 4:09-CV-0698. United States District Court, M.D. Pennsylvania. August 10, 2009. *537 Farrin R. Anello, Judy Rabinovitz, Michael Tan, American Civil Liberties Union Foundation, New York, NY, Stanley J. Ellenberg, Law

Affirmed in part, reversed in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge LUTTIG and Judge WILLIAMS joined. OPINION MICHAEL, Circuit Judge. A corporate taxpayer paid $561 million to a controlled subsidiary in exchange for 10,000 shares of the subsidiary’s stock and the subsidiary’s ass

William H. Orrick, United States District Judge INTRODUCTION This case addresses the burden a federal agency bears when it seeks to suspend a federal regulation for further analysis. Plaintiffs, the States of California and New Mexico, bring this action for a preliminary injunction enjoining the United States Bureau of Land Management ("BLM"), Katherine S. Macgregor, Acting Assistant Secretary for

PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 10-1054 _______________ KEYSTONE REDEVELOPMENT PARTNERS, LLC v. THOMAS DECKER, MARY DIGIACOMO COLINS; RAYMOND S. ANGELI, JEFFREY W. COY, JOSEPH W. MARSHALL, III, KENNETH T. MCCABE, and SANFORD RIVERS, all named in their individual capacit

465 B.R. 472 (2012) In re Daniel FAGAN and Julie Fagan, Debtors. Daniel Fagan and Julie Fagan, Plaintiffs, v. Collection Division, State of Michigan Department of Treasury, Defendant. Bankruptcy No. 10-52334. Adversary No. 11-06866-PJS. United States Bankruptcy Court, E.D. Michigan, Southern Division, Detroit. February 15, 2012. *47

PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 22-1864 ____________ CONSUMER FINANCIAL PROTECTION BUREAU v. NATIONAL COLLEGIATE MASTER STUDENT LOAN TRUST; NATIONAL COLLEGIATE STUDENT LOAN TRUST 2003-1; NATIONAL COLLEGIATE STUDENT LOAN TRUST 2004-1; NATIONAL COLLEGIATE STUDENT LOAN TRUST 2004-2; NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-1; NATIONAL COLLEGIA

OPINION EATON, Judge: At issue is the proper classification of Specialty Commodities Inc.’s (“plaintiff’) merchandise, the seeds of the Pirns ko-raiensis tree. Before thp court is plaintiffs motion for summary judgment and the cross-motion for summary judgment of the United States on behalf of U.S. Customs and Border Protection (“th

305 B.R. 529 (2003) In re JTS CORPORATION, Debtor. Suzanne L. Decker, Trustee, Plaintiff, v. David T. Mitchell, Jack Tramiel, Sirjong Lal "Jugi" Tandon, Cooley Godward, LLP, Matthew W. Sonsini, Andrei M. Manoliu and Anna B. Pope, Defendants. Bankruptcy No. 98-59752-MM, Adversary No. 00-5423. United States Bankruptcy Court, N.D. California. September 30, 2003.

MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS STEARNS, DISTRICT JUDGE This case tests the limits of a federal court to require an agency of the executive branch to do something that it is has decided not to do, no matter how compelling might be the circumstances. Plaintiffs Conservation Law Foundation, Inc., and Charles River Watershed Association, Inc., brought this citizen suit under the Clean Wate

923 F.Supp. 720 (1996) JoAnn BRYANT, Plaintiff, v. BETTER BUSINESS BUREAU OF GREATER MARYLAND, INC. and Philip Kershner, Defendants. Civil No. AMD 95-970. United States District Court, D. Maryland. April 4, 1996. *721 *722 *723

ALBRIGHT, Justice: This case involves the consolidated appeals of three employers, Eastern Associated Coal *99Corporation (hereinafter “EACC”), Pine Ridge Coal Company (hereinafter “Pine Ridge”) and Weirton Steel Corporation (hereinafter “Weirton Steel”) from the January 17, 2002, final order of the Circuit Court of Kanawha County. The final order affirmed the November

Opinion for the Court filed by Circuit Judge MILLETT. Dissenting opinion filed by Circuit Judge KAVANAUGH. MILLETT, Circuit Judge: Fogo de Chao (Holdings), Inc., operates numerous Brazilian steakhouse restaurants, known as churrascarías, in Brazil and the United States. According to Fogo de Chao, a critical component of its success has been the employment in each of its re

449 F.Supp.2d 1 (2006) UNITED STATES of America, Plaintiff, and Tobacco-Free Kids Action Fund, American Cancer Society, American Heart Association, American Lung Association, Americans for Nonsmokers' Rights, and National African American Tobacco Prevention Network, Intervenors, v. PHILIP MORRIS USA, INC., (f/k/a Philip Morris, Inc.), et al., Defendants. No. CIV.A. 99-2496(GK). United States Distri

Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA KALEB LEE BASEY, ) ) Supreme Court No. S-17099

OPINION FIRESTONE, Judge. I. INTRODUCTION The present action was brought pursuant to the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-603 (2000). Plaintiff-contractor Morganti National, Inc. (“Morganti”) was default terminated for failure to make progress in constructing the 1,000 Bed Federal Detention Center in Brooklyn, New York. In this action, Morganti seeks to convert the termin

662 N.W.2d 758 (2003) 255 Mich. App. 127 HOUGHTON LAKE AREA TOURISM & CONVENTION BUREAU, Plaintiff-Appellee, v. Suzette WOOD, d/b/a Rose-O-Day Motel, Defendant-Appellant, and Tim O'Neil, d/b/a Rose-O-Day Motel, Defendant. Docket No. 232031. Court of Appeals of Michigan. Submitted September 5, 2002, at Lansing. Decided January 21,

United States Court of Appeals for the Federal Circuit ______________________ AQUA PRODUCTS, INC., Appellant v. JOSEPH MATAL, PERFORMING THE FUNCTIONS AND DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, Intervenor ______________________ 2015-1177 _______________