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Two sellers of perishable agricultural commodities, Nickey Gregory Company, LLC, and Poppell’s Produce Inc., commenced this action under the Perishable Agricultural Commodities Act, 1930 ("PACA"), 7 U.S.C. §§ 499a-499t, to recover $106,696 owed them for the sale of produce to Robison Farms, LLC....
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Defendants-appellants appeal the order of the Eastern District of New York (Amon, J.), preliminarily enjoining the sale of untaxed cigarettes to anyone not a member of the Unkechauge Nation. We consider here whether the City of New York (the “City”) has demonstrated that it is entitled to a prel...
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Defendants-Appellants Mark Edw. Andrews, Lesley Simmons St. Germain, and David E. Simmons (“Appellants”) appeal the imposition of fee shifting by the district court. Plaintiff-Appellee D. Douglas Howard (“Appellee”) sued the Appellants in state court for defamation, and the Appellants remove...
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Two corporations, one based in Massachusetts, and the other in Michigan, entered into a business arrangement (the Agreement). After a falling-out, one of the contracting parties, PowerShare, Inc., commenced a civil action in the district court to enforce the Agreement. The defendant, Syntel, Inc., c...
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Seventeen plaintiffs brought suit to prevent the District of Columbia from acquiring a shopping center by eminent domain. Because only four of the plaintiffs own or lease properties in the shopping center, and those four are litigating this matter in the District of Columbia’s court system, we aff...
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John Zuccarini is a judgment debtor who owns the rights to many Internet domain names. DS Holdings (“DSH”) is the assignee of the judgment against Zuccarini. DSH attempted to levy upon Zuccarini’s domain name holdings in the Northern District of California where VeriSign, the official registry...
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This case presents two issues concerning damages under the Family Medical Leave Act of 1993 (“FMLA”). 29 U.S.C. §§ 2601-2654 (2006). In an issue of first impression, we consider whether the court, rather than the jury, determines the amount of the front pay award and whether the district court...
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This petition for a writ of mandamus arises from the proceedings in United States v. Arctic Glacier Int’l Inc., No. 1:09-cr-00149 (S.D. Ohio). In that case, Arctic Glacier International was charged in a criminal information with violating 15 U.S.C. § 1 by participating in “a conspiracy to suppr...
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Jerry Young and Christy Colley, both convicted felons, contend that § 241 of the Constitution of the State of Mississippi grants felons the right to vote in presidential elections. That the state denies them this right, they claim, violates the Equal Protection Clause of the Fourteenth Amendment to...
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Ronald Murray brought an action for damages under 42 U.S.C. § 1983 and Missouri law against the director of the Missouri Department of Social Services (DSS) and one of its employees, Christine Steele; Adair County, Missouri, Deputy Jason Lene, and the county's sheriff and board of commissioners; an...
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