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South Carolina Lawyer Search - Listings for Whitt Richard L Atty
Name: Whitt Richard L Atty
Address: 508 Hampton St Columbia, SC 29201
Phone Number: 803-256-4000
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Specialties:
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Personal Injury & Property Damage Law
Business Corporation & Partnership Law
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Cases related to this attorney's specialties:
ARRIAGA v FL PACIFIC FARMS, U.S. 11th Circuit Court of AppealsARRIAGA 1000 v FL PACIFIC FARMS [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 01-16402 _ D. C. Docket No. 99-01760-CV-T-30 JORGE E. ARRIAGA, ROSALIO HARO-SANCHEZ, MOISES OCHOA-ROSALES, RAYMUNDO VASQUEZ, LUCIO BARTOLO-HUERTA, OSCAR BRAVO-MOYA, INOCENIO GERONIMO-MAGANA, ADOLFO GREGORIO, SANTIAGO JARAMILLA-GOMEZ, ALFONSO LUNA-MARTINEZ, JORGE NIETO-JASSO, DANIEL MOLINA-GREGORIO, GILBERTO PEREZ-FLORES, JOSE LUIS SOLIS-CAMACHO, JUAN FRANCISCO BALDERAS-SEPULVEDA, FRANCISCO SEPULVEDA, Plaintiffs-Appellants versus FLORIDA PACIFIC FARMS, L.L.C., SLEEPY CREEK FARMS, INC., Defendants-Appellees. _ Appeal from the United States District Court for the Middle District of Florida _ (September 11, 2002) Before DUBINA, BARKETT and KRAVITCH, Circuit Judges. KRAVITCH, Circuit Judge: The plaintiffs-appellants are migrant farm workers from Mexico (the "Farmworkers") employed by the defendants-appellees Florida Pacific Farms, L.L.C. and Sleepy Creek Farms, Inc. (the "Growers") during the 1998-1999 strawberry and raspberry seasons. The Farmworkers sued the Growers, alleging a failure by the Growers to comply with the minimum wage provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 203(m) & 206(a), and the terms of the work contracts. Specifically, the FLSA claim asserted that the Growers' failure to reimburse the Farmworkers' travel, visa, and recruitment costs at the end of the first workweek pushed their first week's wages below the minimum wage. The contract claim contended that the Growers violated the work contract by not reimbursing the Farmworkers for the cost of transportation to and from their home villages to the Mexican point of hire. The parties filed cross motions for summary judgment, which were based upon an agreed statement of undisputed facts. The district court granted the Growers' motion and de...
IN RE:STEVE ROBINSON v. USCA6 Opinion 01b0007p.06 ELECTRONIC CITATION: 2001 FED App. 0007P (6th Cir.) File Name: 01b0007p.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT In re: STEVE D. ROBINSON, Debtor. STEVE D. ROBINSON, Appellant, v. No. 00-8088 CHAMPAIGN LANDMARK, INC., Appellee. Appeal from the United States Bankruptcy Court for the Southern District of Ohio, Eastern Division, at Columbus. No. 99-57410. Argued: June 13, 2001 Decided and Filed: August 21, 2001 Before: BROWN, MORGENSTERN-CLARREN, and RHODES, Bankruptcy Appellate Panel Judges. COUNSEL ARGUED: Grady L. Pettigrew, Jr., COX, STEIN & PETTIGREW, Columbus, Ohio, for Appellant. Ray A. Cox, COX & GINGER, Dayton, Ohio, for Appellee. ON BRIEF: Grady L. Pettigrew, Jr., COX, STEIN & PETTIGREW, Columbus, Ohio, for Appellant. Ray A. Cox, COX & GINGER, Dayton, Ohio, for Appellee. OPINION WILLIAM HOUSTON BROWN, Bankruptcy Appellate Panel Judge. The Debtor appeals the bankruptcy court's order overruling his objection to the claim of Champaign Landmark, Inc. For the following reasons, we AFFIRM the decision of the bankruptcy court. I. ISSUES ON APPEAL The issues on appeal are whether the bankruptcy court abused its discretion or erred when it decided that there were no grounds warranting revocation of the arbitration award and whether the bankruptcy court erred when it ruled that res judicata barred the Debtor's objection to Landmark's claim. As a part of these issues, there is a question of whether the bankruptcy court erred by denying the Debtor an opportunity to present evidence in support of his legal arguments. II. JURISDICTION AND STANDARD OF REVIEW The Bankruptcy Appellate Panel of the Sixth Circuit has jurisdiction over final orders of the bankruptcy courts of the Southern District of Ohio pursuant to 28 U.S.C. §§ 158(a) and (c). The bankruptcy court's order disposing of Landmark's claim is a final appealable order, because it "'ends the litigation on the me...
USA v. MYERS FILED United States Court of Appeals 1000 Tenth Circuit MAR 29 2004 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT IN RE WESLEY ALLEN MYERS and SONJA DIANE MYERS, Debtors. _ UNITED STATES OF AMERICA, on behalf of the Department of Agriculture Farm Service Agency, Appellant, v. No. 02-2350 WESLEY ALLEN MYERS, SONJA DIANE MYERS, and RONALD E. HOLMES, Trustee, Appellees. ON APPEAL FROM THE UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT (B.A.P. No. NM-02-035) (284 B.R. 478) Edward Himmelfarb, Appellate Staff Civil Division, Department of Justice (Robert D. McCallum, Jr., Assistant Attorney General, Washington, D.C., David C. Iglesias, United States Attorney, Albuquerque, N.M., and William Kanter, Appellate Staff Civil Division, Department of Justice, Washington, D.C., with him on the briefs), Washington, D.C., for Appellant. George M. Moore, George M. Moore & Associates, Albuquerque, N.M., for Appellees. Before LUCERO, BALDOCK, and TYMKOVICH, Circuit Judges. BALDOCK, Circuit Judge. In March 2000, Wesley Allen Myers and Sonja Diane Myers (Debtors) filed a Chapter 12 bankruptcy petition in the United States Bankruptcy Court. The Farm Service Agency (FSA), an agency within the United States Department of Agriculture, filed a motion for relief from the automatic stay to setoff government program payments owed to Debtors. The bankruptcy court denied the FSA's motion, holding administrative regulations prohibited setoff. On appeal, the Bankruptcy Appellate Panel (BAP) affirmed on alternative grounds, focusing on 553 of the Bankruptcy Code. In re Myers, 284 B.R. 478 (B.A.P. 10th Cir. 2002). Section 553 provides in relevant part: [T]his title does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose before the commencement of the case under this title against a claim of such creditor against the debtor that arose before the commencement of the case[.] 11 U...
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