STATON

v.

LUKHARD, COMMISSIONER OF THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES, ET AL.

Citator

Cited By (28 total)

• Waltman v. Int'l Paper Co., 875 F.2d 468 (5th Cir. 1989)
  …ntinuing viola [*475] tion, the plaintiff must show that at least one incident of harassment occurred within the 180 day period. Id. at 583. In Berry v. Board of Supervisors of Louisiana State University, 715 F. 2d 971 (5th Cir.1983), cert. denied 479 U.S. 868, 107 S.Ct. 232, 93 L.Ed.2d 158 (1986), this court discussed factors to consider in determining whether a plaintiff can support a claim for a continuing violation: This inquiry, of necessity, turns on the facts and context of each particular case. R…
• United States v. Molinar-Apodaca, 889 F.2d 1417 (5th Cir. 1989)
  …ed States v. Romero-Reyna, 867 F. 2d 834, 835 (5th Cir.1989). Moreover, it is the jury’s sole province to assess the weight of the evidence and the credibility of the witnesses. United States v. Martin, 790 F. 2d 1215, 1219 (5th Cir.), cert. denied, 479 U.S. 868, 107 S.Ct. 231, 93 L.Ed.2d 157 (1986) (citation omitted). In order to establish that the appellants conspired to possess marijuana with the intent to distribute in violation of 21 U.S.C. § 846, the prosecution was obligated to prove that a conspira…
• Cavaliere v. Allstate Ins. Co., 996 F.2d 1111 (11th Cir. 1993)
  …) motion was untimely because “[t]he additional three days provided by Rule 6(e) do not apply to judgments which are not the subject of ‘service,’ whether or not the mails were used to transmit the judgment from'the Clerk to a party”), cert. denied, 479 U.S. 868, 107 S.Ct. 231, 93 L.Ed.2d 157 (1986). We agree with the First and Third Circuits and hold that Rule 6(e)’s three-day provision is inapplicable to service deadlines for new trial motions under Rule 59(b). Because the district court had no discreti…