CSX CORP. ET AL.

v.

FOLKSTONE MARITIME, LTD., ET AL.

Citator

Cited By

• Almand v. DeKALB Cnty., 103 F.3d 1510 (11th Cir. 1997)
  …2255, 101 L.Ed.2d 40 (1988) (quotation omitted). Hence, a defendant acts under color of state law when he abuses a position given to him by the state. Id. at 50, 108 S.Ct. at 2255-56; Morgan v. Tice, 862 F. 2d 1495, 1499 (11th Cir.), cert. denied, 493 U.S. 813, 110 S.Ct. 61, 107 L.Ed.2d 28 (1989). Here, I believe that there is a genuine issue of material fact as to this question. Viewing the facts in a light most favorable to Almand, it appears that Bryant was able to rape Almand only because of his abu…
• Fed. Trade Comm'n v. Figgie Int'l, Inc., 994 F.2d 595 (9th Cir. 1993)
  …so long as the opposing party has opportunity to examine the originals (which Figgie did in this case), Figgie’s objection is only valid if the letters themselves are inadmissible. Keith v. Volpe, 858 F. 2d 467, 478-80 (9th Cir.1988), cert. denied, 493 U.S. 813, 110 S.Ct. 61, 107 L.Ed.2d 28 (1989). The letters from consumers do not fit squarely under any of the enumerated exceptions to the hearsay rule as codified by Federal Rules of Evidence 803(l)-(23). They are, however, admissible under the “catch-all…
• Schneider Nat'l v. Interstate Commerce Comm'n & United States, 948 F.2d 338 (7th Cir. 1991)
  …ke enforcement action is in the narrow class of cases that is presumptively unreviewable by the courts. Arnow v. U.S. Nuclear Regulatory Comm’n, 868 F. 2d 223, 231 (7th Cir.1989), cert. denied, Citizens of Illinois v. U.S. Nuclear Regulatory Comm’n, 493 U.S. 813, 110 S.Ct. 61, 107 L.Ed.2d 29 (1989). Whether or not an agency action is unre-viewable under 5 U.S.C. § 701(a)(2) turns on whether or not there is “law to apply.” Cardoza v. Community Futures Trading Comm’n, 768 F. 2d 1542, 1549 (7th Cir.1985). In…