FLEISHMAN

v.

ELI LILLY & CO. ET AL.

Citator

Cited By

• United States v. Wyatt Henderson, 409 F.3d 1293 (11th Cir. 2005)
  …ail on his statutory argument that the Jury Plan exceeds the scope of the Act. A criminal defendant must show more than a “technical violation” of the Act to obtain relief. United States v. Tuttle, 729 F. 2d 1325, 1328 (11th Cir.1984), cert. denied, 469 U.S. 1192, 105 S.Ct. 968, 83 L.Ed.2d 972 (1985). Rather, he must show a “substantial failure to comply” with its provisions, which means the violation must have “a significant impact on the composition of an average jury.” Id. We have held that underreprese…
• Malone v. United States Postal Serv., 833 F.2d 128 (9th Cir. 1987)
  …suggests that warning a plaintiff that failure to obey a court order will result in dismissal can suffice to meet the “consideration of alternatives” requirement. See Buss v. Western Airlines, Inc., 738 F. 2d 1053, 1054 (9th Cir.1984), cert. denied, 469 U.S. 1192, 105 S.Ct. 968, 83 L.Ed.2d 972 (1985); Titus v. Mercedes [*133] Benz of North America, 695 F. 2d 746, 749 n. 6 (3d Cir.1982) (listing “warning” as alternative sanction). Failure to warn has frequently been a contributing factor in our decisions to r…
• COX v. Am. Cast Iron Pipe Co., 847 F.2d 725 (11th Cir. 1988)
  …seek disqualification of Wiggins at that time. Shortly after the Supreme Court denied certiorari the parties began settlement negotiations. Principally citing Kearns v. Fred Lavery Porsche Audi, Inc., 745 F. 2d 600, 605 (Fed.Cir.1984), cert. denied, 469 U.S. 1192, 105 S.Ct. 967, 83 L.Ed.2d 971 (1985), ACIPCO contends that, because it filed the motion shortly after settlement negotiations terminated unsuccessfully, its delay was excusable. The greatest difficulty with ACIPCO’s argument is that it only addres…