Aug 02, 2014 · City of Los Angeles, 946 F. 2d 630, 646 ( 9th Cir., 1991)– "A supervisor is liable under Section 1983 if he sets in motion a series of acts by others or knowingly refused to terminate a series of acts by others, which he knew or reasonably should have known would cause others to inflict the constitutional injury." 86. Arnold v.
Id. 413 F.2d at 965. The Supreme Court vacated the judgment in a per curiam decision, remanding it for consideration in light of Boys Market. 398 U.S. 436, 90 S.Ct. 1583, 20 L.Ed.2d 126 (1970). The Fifth Circuit ultimately disposed of the remanded case as moot since the strike was then over. 443 F.2d 608 (5th Cir…
Gissel, 395 U.S. at 620, 89 S.Ct. at 1943; accord, McCormick Concrete, 371 F.2d at 152; E. I. Du Pont de Nemours and Co. v. NLRB, 480 F.2d 1245, 1247-48 (4th Cir. 1973). The question of whether an employer's comments are coercive is a factual one and the Board's findings shall be affirmed on review if supported by substantial evidence.
Reilly, 968 F.2d 985 (9th Cir. 1992)(confirming that agency has no discretion under statute to permit use of carcinogenic food additives, regardless of degree of risk), cert. denied, 507 U.S. 950 (1993); see generally Gregory D. Fullem, Comment, The Precautionary Principle: Environmental Protection in the Face of Scientific Uncertainty, 31
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This is the accessible text file for GAO report number GAOLiming8SP entitled 'Principles of Federal Appropriations Law Third Edition Volume III' which was released on September 1,
Aug 06, 2015 · See Greater Los Angeles Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1107 (9th Cir. 1987). Indeed, the entire impetus for the enactment of Section 2000d-7 was the Supreme Court's decision in Atascadero, which involved a private claim for "compensatory" relief. 473 U.S. at 236.
Panagis, 694 F.2d 476, 483-85 (7th Cir.1982), and cases cited there. The plaintiffs in this case have been deprived of their "right" to create 181,000 square feet of office space on a 17-acre parcel of a much larger tract, and that deprivation is a limited, perhaps minimal, incursion into their property rights.
Moreover, other courts have said that since section 1337 is essentially a more limited version of section 1331, the two "arising under" statutes should be interpreted similarly. Maritime Service Corp. v. Sweet Brokerage De Puerto Rico, 537 F.2d 560, 561-62 (1st Cir. 1976); Carlson v. Coca Cola Co., 483 F.2d 279, 280 & n.1 (9th Cir. 1973).
See, e.g., Green v. Shalala, 51 F.3d 96, 101-02 (7th Cir. 1995); Thompson v. Bowen, 850 F.2d 346, 349 (8th Cir. 1988); Vemco, Inc. v. NLRB, 79 F.3d 526, 528 (6th Cir. 1996). Such articulation is especially crucial under circumstances such as those before us, in which small variations in the interpretation of evidence lead to vast differences in
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Apr 02, 2016 · RaPower-3, LLC, 343 F. Supp. 3d 1115 (D. Utah 2018), aff'd., 960 F.3d 1240 (10th Cir. 2020). In 2006, the sellers constructed 19 towers at a testing site and represented to investors that it would install on each tower and "array" of triangular-shaped Fresnel lenses formed into a circle.
See e.g., Koniag, 580 F.2d at 610; Jarrott, 225 F.Supp. at 831-33; see also Gulf Oil Corp. v. Federal Power Comm'n, 563 F.2d 588, 611 (3d Cir.1977) (holding that intervention for the purpose of expediting the disposition, rather than affecting its merits, did not influence the agency); ATX, 41 F.3d at 1528 (recognizing that legislative hearings
Raymond Moore, Appellant, 486 F.2d 1139 (D.C. Cir. 1973) Annotate this Case US Court of Appeals for the District of Columbia Circuit - 486 F.2d 1139 (D.C. Cir. 1973) Argued Sept. 10, 1971.Decided May 14, 1973.Certiorari Denied Oct. 23, 1973.See 94 S. Ct. 298
Hymans, 463 F.2d 615, 617 (10th Cir.1972) (discussing the broad authority delegated to the Forest Service under the Organic Act to regulate the "occupancy and use" of national forests (citing McMichael v. United States, 355 F.2d 283 (9th Cir.1965))); see also Burlison v.
I.T.O. Corp. v. Benefits Review Board, 529 F.2d 1080, 3 BRBS 88 (4th Cir. 1975) (all three claims held not covered), vacated in part on reh'g en banc, 542 F.2d 903, 4 BRBS 343 (1976) (two claims held covered), cert. denied in part sub nom. Maritime Terminals, Inc. v. Brown, 433 U.S. 908 (1977), vacated and remanded in part sub nom. Adkins v
No. 10-1973 IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT FREEDOM FROM RELIGION FOUNDATION, INC., et al., Plaintiffs-Appellees, v. …
United States, 150 F.3d 112, 126 (2nd Cir. 1998); Jones v. Hawley, 255 F.R.D. 51, 52-53 (D.D.C. 2009) ("[i]t is settled beyond all question that at common law the destruction, alteration, or failure to preserve evidence in pending or reasonably foreseeable litigation warrants the finder of fact inferring that the destroyed evidence would have