FLORIDA STATE UNIVERSITY HEALTH CENTER ET AL.

v.

JOSHI

Citator

Cited By (18 total)

• Cont'l AIR Lines, Inc. v. Dep't OF Transp., 843 F.2d 1444 (D.C. Cir. 1988)
  …C.Cir.1985). We are here, of course, focusing on the interpretive function, not the delegated lawmaking function that agencies also perform. . This case is thus unlike Prill v. National Labor Relations Board, 755 F. 2d 941 (D.C.Cir.), cert. denied, 474 U.S. 948, 106 S.Ct. 313, 88 L.Ed.2d 294 (1985). In that case, we remanded to the agency upon finding that the Board had erred both in its interpretation of the statute at issue in the case and in its determination that it was without discretion to interpret…
• Turnes v. AmSOUTH Bank, NA, 36 F.3d 1057 (11th Cir. 1994)
  …re a plaintiffs prima facie case is established, but the employer fails to meet its burden of production, the unrebutted presumption of discrimination stands. Joshi v. Florida State Univ. Health Ctr., 763 F. 2d 1227, 1236 (11th Cir.), cert. denied, 474 U.S. 948, 106 S.Ct. 347, 88 L.Ed.2d 293 (1985). Therefore, judgment for the plaintiff is appropriate, St. Mary’s, — U.S. at -, 113 S.Ct. at 2748, unless the employer proves by a preponderance of the evidence that absent the discrimination, the plaintiff wou…
• Joseph v. Off. OF the Consulate Gen. OF Nigeria, 830 F.2d 1018 (9th Cir. 1987)
  …hase military supplies, although clearly undertaken for public use, is commercial in nature and therefore subject to the commercial activity exception. McDonnell Douglas Corp. v. Islamic Republic of Iran, 758 F. 2d 341, 349 (8th Cir.), cert. denied, 474 U.S. 948, 106 S.Ct. 347, 88 L.Ed.2d 294 (1985). Nevertheless, the purpose of an act may be relevant in defining its nature: “[ojften, the essence of an act is defined by its purpose.” De Sanchez, 770 F. 2d at 1393. [*1024] In the instant case, the district c…