BEHREND ET AL.

v.

GODWIN ET AL.

Citator

Cited By

• Reilly v. United States, 863 F.2d 149 (1st Cir. 1988)
  …ected by controlling statute). Such an outcome can also be achieved by agreement of the parties in interest, see, e.g., Godwin v. Schramm, 731 F. 2d 153, 157-58 (3d Cir.) (discussing, inter alia, techniques of structured settlement), cert. denied, 469 U.S. 882, 105 S.Ct. 250, 83 L.Ed.2d 187 (1984), or where a trust, annuity, or other prophylactic arrangement is necessary to ensure that the injured party will in fact receive his due, see, e.g., Nemmers v. United States, 795 F. 2d at 636 (‘‘[i]f the court p…
• Rogers v. Windmill Pointe Vill. Club Ass'n, Inc., 967 F.2d 525 (11th Cir. 1992)
  …injury outweighs whatever damage the proposed injunction may cause the opposing party; and (4) that the injunction would not be adverse to the public interest. Gresham v. Windrush Partners, Ltd., 730 F. 2d 1417, 1423 (11th Cir.1984), cert, denied, 469 U.S. 882, 105 S.Ct. 249, 83 L.Ed.2d 187 (1984). Plaintiffs must clearly carry the burden of persuasion on all four elements to prevail on the Motion for Preliminary Injunction. Sofarelli v. Pinellas County, 931 F. 2d 718, 724 (11th Cir.1991). Plaintiffs c…
• United States v. 45/194 KG. Drums OF Pure Vegetable OIL, 961 F.2d 808 (9th Cir. 1992)
  …n 101.100(d)(2). Efamol has the burden of proving that the seized EPO was exempt from the labeling requirements under the Food, Drug and Cosmetic Act. United States v. Article of Device * * * Toftness, 731 F. 2d 1253, 1262 (7th Cir.), cert. denied, 469 U.S. 882, 105 S.Ct. 249, 83 L.Ed.2d 186 (1984). Because the communications submitted by Efamol fail to make a showing sufficient to establish the existence of an agreement under 21 C.F.R. section 101.100(d)(2), summary judgment was appropriate, Celotex, 477…