|
Florida Lawyer Search - Listings for Devito & Colen Pa
Name: Devito & Colen Pa
Address: 7243 Bryan Dairy Rd Seminole, FL 33777
Phone Number: 727-545-8114
|
Specialties:
|
Elder Law
Wills, Estates, Trusts & Probate Law
|
|
|
|
Cases related to this attorney's specialties:
SHAFFER LLOYD v VENEMAN, ANN, U.S. DC Circuit Court of AppealsSHAFFER LLOYD v VENEMAN, ANN 1000 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued January 23, 2003 Decided April 22, 2003 No. 02-5009 Lloyd Shaffer, Appellant v. Ann M. Veneman, Secretary, United States Department of Agriculture, Appellee Appeal from the United States District Court for the District of Columbia (cv01729) Mona Lyons argued the cause and filed the briefs for appellant. Catherine Y. Hancock, Attorney, U.S. Department of Jus- tice, argued the cause for appellee. With her on the brief were David W. Ogden, Acting Assistant Attorney General at the time the brief was filed, Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and Robert M. Loeb, Attorney, U.S. Department of Justice. Before: Ginsburg, Chief Judge, and Rogers and Tatel, Circuit Judges. Opinion for the court filed by Chief Judge Ginsburg. Ginsburg, Chief Judge: Lloyd Shaffer appeals the decision of the district court dismissing his case for want of jurisdic- tion. The district court held that Shaffer's claim, which was based upon a settlement agreement he made with the United States Department of Agriculture bringing to an end both his individual case and his participation in a class-action lawsuit against the USDA, was a contract claim in excess of $10,000, and was therefore, under the Tucker Act, 28 U.S.C. § 1491(a)(1), within the exclusive jurisdiction of the Court of Federal Claims. We affirm. I. Background Lloyd Shaffer is a Mississippi farmer who has received assistance from the USDA during much of the past thirty years. In 1997 he filed in the district court a race discrimina- tion claim against the USDA regarding loan applications he made in 1992 and 1997. Shaffer later joined as a named plaintiff in a class action lawsuit in the same court, covering essentially the same issues, Pigford et al. v. Glickman, Civil Action No. 97-1978 (D.D.C....
1000 United States Court of Appeals for the Federal Circuit 03-1002 ORLEANS INTERNATIONAL, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. Alan Goggins, Barnes, Richardson & Colburn, of New York, New York, argued for plaintiff-appellant. Of counsel on the brief was Kevin J. Sullivan. Aimee Lee, Attorney, International Trade Field Office, Department of Justice, of New York, New York, argued for defendant-appellee. With her on the brief were David M. Cohen, Director, Civil Division, Commercial Litigation Branch, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, International Trade Field Office. Of counsel on the brief was Yelena Slepak, Attorney, Office of Assistant Chief Counsel, U.S. Customs Service, of New York, New York. Appealed from: United States Court of International Trade Chief Judge Gregory W. Carman United States Court of Appeals for the Federal Circuit 03-1002 ORLEANS INTERNATIONAL, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. _ DECIDED: July 11, 2003 _ Before MAYER, Chief Judge, MICHEL, and RADER, Circuit Judges. Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Chief Judge MAYER. MICHEL, Circuit Judge. Plaintiff-appellant Orleans International, Inc. ("Orleans") appeals the order of the United States Court of International Trade dismissing for lack of subject matter jurisdiction Orleans' challenge of the constitutionality of import assessments mandated by the Beef Promotion and Research Act of 1985 ("Beef Act"), 7 U.S.C. §§ 2901-2911 (2000). Orleans Int'l, Inc. v. United States, 206 F. Supp. 2d 1318 (Ct. Int'l Trade 2002). Because we hold that the Court of International Trade erred in holding that it did not have exclusive jurisdiction over this action pursuant to 28 U.S.C. § 1581(i)(2), we reverse and remand. BACKGROUND The Beef Act aims to "carry[] out a coo...
|
|
|