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Citation: 864 F. Supp. 25 | Docket No.: Civ. A. No. 94-44
Status: Published | Citing: 9
Summary: 864 F. Supp. See Gile v. Optical Radiation Corp., 22 F.3d 540 (3rd Cir.1994); Duncan v. Iolab Corp., 12 F.3d 194 (11th Cir.1994); Stamps v. Collagen Corp., 984 F.2d 1416 (5th Cir.)

Citation: 136 F. Supp. 2d 667 | Docket No.: Civ.A. 99-465
Status: Published | Citing: 19
Summary: 136 F. Supp. I. FACTUAL AND PROCEDURAL BACKGROUND This case involves the defendant's interpretation and application of the complex Medicare payment system to the plaintiff hospitals, and specifically the defendant's determination of the plaintiffs' eligibility for an adjustment for "disproportionate share hospitals" or "DSH" under 42 U.S.C. § 1395ww(d)(5)(F)(v). Both facilities are also certified by the defendant as "swing-bed" facilities, which means that they may, as necessary, use a more.

Citation: 177 F. Supp. 123 | Docket No.: 1313
Status: Published | Citing: 9
Summary: 177 F. Supp. Texas Eastern Transmission Corporation instituted the present action on September 16, 1958, and by its original Complaint herein sought (1) to have set aside and held invalid an ex parte arbitration hearing scheduled for that same day by Edward O. Crooks, arbitrator selected by defendants, (2) that defendants be restrained from proceeding with any hearing concerning arbitration until both plaintiff and defendants named arbitrators in accordance with the terms of the agreement more.

Citation: 381 F. Supp. 2d 608 | Docket No.: Civ.A. 03-391-DLB
Status: Published | Citing: 8
Summary: 381 F. Supp. This matter is before the Court on Defendants' Motion for Partial Summary Judgment as to Plaintiff's bad faith claims. # 14) The case is also before the Court on Defendants' Motion in Limine to exclude the testimony of Plaintiff's proposed expert witness, Mary Fuller. However, based upon the extent to which Fuller's testimony is now deemed admissible, Defendants' request for summary judgment on the bad faith claims will also be denied. # 55) Plaintiff has identified Mary Fuller, a more.

Citation: 180 F. Supp. 2d 890 | Docket No.: Civ.A. 00-452-JMH, 01-213-JMH
Status: Published | Citing: 7
Summary: 180 F. Supp. 2d 890 (2002) BOARD OF EDUCATION OF ESTILL COUNTY, KENTUCKY, et al., Plaintiffs, v. ZURICH INSURANCE COMPANY, et al., Defendants. The Board subsequently filed a claim with its insurer, Zurich Insurance, who, in turn, as subrogee of the Board, on May 21, 2001 brought this professional malpractice action against Black. Ziegler v. IBP Hog Mkt., Inc., 249 F.3d 509, 511-12 (6th Cir.2001). Because the applicable statute of limitations for indemnity claims is much longer, plaintiff has more.

Citation: 60 F. Supp. 580 | Docket No.: 353
Status: Published | Citing: 11
Summary: 60 F. Supp. *581 Richard C. Stoll and Wallace Muir, both of Lexington, Ky., Eldon Martin, C. A. Conway, Larry H. Dugan, and Charles W. Stadell, all of Chicago, Ill., Howard W. Vesey, of Washington, D. C., Richard F. Wood, of St. Louis, Mo., and E. B. Wilkinson and J. A. Moran, both of Chicago, Ill., for plaintiffs and intervenors on behalf of plaintiffs. to the Atty. Gen., Daniel W. Knowlton and Nelson Thomas, Interstate Commerce Commission, both of Washington, D. C., Claude P. Stephens, U. S. more.

Citation: 357 F. Supp. 2d 979 | Docket No.: CIV.A.5:03-281-JMH
Status: Published | Citing: 11
Summary: 357 F. Supp. 2d 979 (2005) David B. PIERCE, Plaintiff, v. KENTUCKY UTILITIES COMPANY'S LONG TERM DISABILITY PLAN, et al., Defendants. This case involves a claim for total disability benefits under an ERISA-governed employee benefit plan. Continental Casualty Company, the insurer and claims administrator of Kentucky Utilities Company's employee benefit plan, initially granted "own occupation" benefits under the plan for a period of twenty-four months, finding that Plaintiffs physical impairment more.

Citation: 735 F. Supp. 2d 707 | Docket No.: Civil Action Nos. 5:07-cv-353-JMH, 5:07-cv-349-JMH. MDL No. 1877
Status: Published | Citing: 14
Summary: 735 F. Supp. See Liew v. Official Receiver & Liquidator, 685 F.2d 1192, 1195 (9th Cir.1982). See Sudamax Industria e Comercio de Cigarros, Ltda v. Buttes & Ashes, Inc., 516 F. Supp. ; Green Leaf Nursery, Inc. v. Kmart Corp., 485 F. Supp. f. Upon execution of this [Purchase] Agreement by both parties, [GeoStar] hereby agrees to remit the Exchanged Shares to Gastar with a request to transfer the ownership of the Exchanged Shares to [J & L] on the books and records of Gastar, and to request that more.

Citation: 926 F. Supp. 613 | Docket No.: Civil Action No. 95-5
Status: Published | Citing: 12
Summary: 926 F. Supp. Second, the Court must determine whether Jessie was an eligible employee within the meaning of the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., and if not, then whether the promissory estoppel regulation 29 C.F.R. § 825.110(d) (1994) prevents Carter from claiming she is not covered. Villarreal v. J.E. Merit Constructors, Inc., 895 F. Supp. at 152 (holding that absent unusual circumstances, pregnancy does not constitute a "physical impairment" under the ADA); Tsetseranos more.

Citation: 654 F. Supp. 2d 634 | Docket No.: Civil Action No. 5:09-273-JMH
Status: Published | Citing: 8
Summary: 654 F. Supp. This matter came before the Court by virtue of a hearing on September 8, 2009, at 4:00 p.m., during which the Court considered the merits of the Petition for Return of Child to Petitioner Pursuant to the Convention on the Civil Aspects of International Child Abduction [Record No. 1], Petitioner's Motion for Order Directing the Return of the Child [Record No. 15], and Respondent's failure to respond to the Petition. I. RESPONDENT'S FAILURE TO ANSWER OR SHOW CAUSE As an initial more.

Citation: 185 B.R. 734 | Docket No.: Civ. A. No. 95-116. Bankruptcy No. 93-5-1340
Status: Published | Citing: 18
Summary: 185 B.R. 734 (1995) In re CENTURY OFFSHORE MANAGEMENT CORP., Debtor. UNITED STATES of America, Appellant, v. CENTURY OFFSHORE MANAGEMENT CORPORATION, Appellee. *735 *736 H. Rey Stroube, III, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Houston, TX, for Century Offshore Management Corp. The United States of America, on behalf of the U.S. Department of the Interior, Bureau of Minerals Management Service ("MMS"), seeks to appeal the bankruptcy court's order of February 13, 1995 granting the motion more.

Citation: 497 F. Supp. 1105 | Docket No.: Civ. A. No. 77-69
Status: Published | Citing: 35
Summary: 497 F. Supp. [3] STATEMENT OF THE PROBLEM Although more has been written about Erie Railroad Co. v. Tompkins[4] and the ensuing history of the doctrine it announced than most other legal problems, the lower federal courts are still presented with thorny problems concerning choice of federal or state law in cases where jurisdiction is founded upon diversity of citizenship. [5] In attempting to resolve the problem before it, the court finds that the recent decision of the Supreme Court of the more.

Citation: 778 F. Supp. 919 | Docket No.: Civ. A. No. 88-126
Status: Published | Citing: 13
Summary: 778 F. Supp. I. INTRODUCTION This is an action by the plaintiff, the United States of America (the "USA"), to collect unpaid civil penalties assessed against the defendant, WRW Corporation ("WRW"), from the defendants, WRW and its principals, Noah Woolum ("Noah"), William Woolum ("William"), and Roger Richardson ("Roger") (collectively the "Individual Defendants"). FACTS The Individual Defendants purchased a $5,000.00 reclamation bond and $46,500.00 of equipment in the name of WRW and entered more.

Citation: 914 F. Supp. 152 | Docket No.: Criminal Action No. 95-72
Status: Published | Citing: 6
Summary: 914 F. Supp. See United States v. Brady, 13 F.3d 334 (10th Cir.1993); United States v. Bailey, 41 F.3d 413 (9th Cir.)The Tenth Circuit relied on United States v. McNutt, 908 F.2d 561 (10th Cir.1990), in which the court held that cloned electronic addresses on satellite television descrambler modules were not "access devices" within the meaning of § 1029. In addressing the identical issue in United States v. Ashe, 47 F.3d 770 (6th Cir.1995), the Sixth Circuit Court of Appeals rejected the Tenth more.

Citation: 790 F. Supp. 2d 601 | Docket No.: Civil Action No. 5:10-CV-158-JMH
Status: Published | Citing: 13
Summary: 790 F. Supp. See Egan v. Premier Scales & Sys., 237 F. Supp. See Jones v. Knox Exploration Corp., 2 F.3d 181, 183 (6th Cir.1993) (distinguishing subsequent events that change the amount in controversy which do not divest the court of jurisdiction under 28 U.S.C. § 1332 from "subsequent revelations that, in fact, the required amount was or was not in controversy at the commencement of the action" which would divest the court of jurisdiction).

Citation: 501 F. Supp. 2d 902 | Docket No.: 5:06 CV 316 KSF
Status: Published | Citing: 28
Summary: 501 F. Supp. *903 David T. Royse, Perry M. Bentley, Robert M. Watt, III, Steven Brian Loy, Stoll Keenon Ogden, PLLC, Jerome Park *904 Prather, William R. Garmer, Garmer & O'Brien, LLP, Phillip D. Scott, Greenebaum, Doll & McDonald, PLLC, Keith Moorman, Frost Brown Todd LLC, Joe C. Savage, Escum L. Moore, III, Savage, Elliott, Houlihan, Moore, Mullins & Skidmore, LLP, Benjamin L. Kessinger, III, Shelby C. Kinkead, Jr., Kinkead & Stilz, PLLC, Peter Perlman, Peter Perlman Law Offices, William W. more.

Citation: 54 F. Supp. 373 | Docket No.: 295
Status: Published | Citing: 15
Summary: 54 F. Supp. The plaintiffs have moved to remand the case to the State Court upon the grounds, (1) that it is not a "suit of a civil nature", within the meaning of sections 24 and 28 of the Judicial Code, 28 U.S.C.A. §§ 41 and 71, (2) that it is not a suit arising under a law of the United States, within the meaning of the phrase "arising under," as used in the statute, and (3) that removal of the proceeding is precluded by section 367 of the Act, 7 U.S.C.A. § 1367. If the farmer is dissatisfied more.

Citation: 189 F. Supp. 2d 644 | Docket No.: CIV.A. 99-189-JMH
Status: Published | Citing: 14
Summary: 189 F. Supp. 2d 644 (2002) Hobart Ward ANDERSON, et al., Plaintiffs, v. Lloyd E. SPEAR, in His Official Capacity as Commonwealth Attorney for Greenup County, Kentucky, and as Representative of the Class of Commonwealth Attorneys in the Commonwealth of Kentucky, et al., Defendants. United States District Court, E.D. Kentucky. Sheryl G. Snyder, Amy Denise Cubbage, Frost Brown Todd LLC, Louisville, KY, Janet M. Graham, Attorney General's Office, Frankfort, KY, Jennifer Black Hans, Rosemary F. more.

Citation: 956 F. Supp. 741 | Docket No.: Civil Action No. 96-220
Status: Published | Citing: 33
Summary: 956 F. Supp. This matter is before the Court on the following motions filed by defendants, the Kentucky School for the Deaf, the State Board for Elementary and Secondary Education, Paul Smiley, David Anderson, and *743 Donna Anderson: (1) for judgment on the pleadings or in the alternative, for summary judgment [docket entry 14]; (2) to strike plaintiff's affidavit [docket entry 21]; and (3) for judgment on the pleadings [docket entry 26]. Franks asserts that defendants failed to take prompt more.

Citation: 723 F. Supp. 2d 937 | Docket No.: Civil No. 09-49-GFVT
Status: Published | Citing: 16
Summary: 723 F. Supp. 2d 937 (2010) OAKWOOD COMMUNITY CENTER ICF/MR, Plaintiff, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant. MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE, District Judge. The Plaintiff, Oakwood Community Center ICF/MR, brought this action under 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision to terminate Oakwood's Medicaid participation made by the Secretary of the United States Department of more.