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Oregon Lawyer Search - Listings for Capps Jeffrey Atty
Name: Capps Jeffrey Atty
Address: 310 SE 2nd St Ste 200 Pendleton, OR 97801
Phone Number: 541-276-2911
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Specialties:
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Personal Injury & Property Damage Law
Insurance Law & Coverage
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Cases related to this attorney's specialties:
FINER FOODS INC v. AGRI In the United States Court of Appeals For the Seventh Circuit No. 01-4024 Finer Foods, Inc., Petitioner, v. United States Department of Agriculture, Respondent. Petition for Review of an Order of the Department of Agriculture Under the Perishable Agricultural Commodities Act Submitted December 7, 2001-Decided December 11, 2001 Before Bauer, Easterbrook, and Williams, Circuit Judges. Easterbrook, Circuit Judge. Finer Foods, Inc., seeks a stay pending judicial review of an administrative order suspending its license to operate as a dealer under the Perishable Agricultural Commodities Act, 7 U.S.C. sec.sec. 499a- 499s. The Department of Agriculture offers two jurisdictional defenses. First, it contends, the court lacks personal juris diction over the Department because the petition for review was forwarded to federal officials in Washington, D.C., by fax rather than by mail, as the Hobbs Act requires. See 28 U.S.C. sec.2344. Second, it asserts, the court lacks subject- matter jurisdiction because there is no "final" administrative order. See 28 U.S.C. sec.2342(2). Both of these contentions are frivolous. We are surprised and disappointed that they have been advanced by counsel for the federal government. (We add for the sake of completeness that all three lawyers whose names appear on the papers work for the Department of Agriculture; the Department of Justice apparently has allowed the agency to represent itself.) Once a private party files a petition for review, this court's Clerk must serve the federal agency by registered mail (return receipt requested). In light of the disruptions to the postal system caused by terrorist activity in recent months, the Clerk has begun to forward papers by fax in addition to mail. Naturally the fax copy arrives first, for it is not delayed by any security screening procedures. Why should this step deprive the court of personal jurisdiction over the Department? In this case, notice was sent by mail ...
RIOGRANDE UNDERWRITE v PITTS FARMS INC IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-40823 Summary Calendar RIO GRANDE UNDERWRITERS, INC., Plaintiff-Appellant, versus PITTS FARMS, INC., Defendant-Appellee. Appeal from the United States District Court for the Southern District of Texas _ December 18, 2001 Before REAVLEY, HIGGINBOTHAM and WIENER, Circuit Judges. REAVLEY, Circuit Judge: Rio Grande Underwriters, Inc. (Rio Grande) appeals the district court's order dismissing, for lack of subject matter jurisdiction, its petition for a stay and order compelling arbitration. For the reasons that follow we AFFIRM. Pitts Farms, an onion grower, filed suit in state court alleging state law claims against Rio Grande for its failure to procure the right crop insurance coverage on Pitts' behalf.(1) When Pitts Farms sustained losses to its onion crop, it found that the insurance policy in place failed to designate its red and yellow onions into separate units. According to Pitts Farms, the failure to designate the onion types as separate insurable units as permitted by federal regulations prevented Pitts from fully recovering for its losses. Rio Grande seeks to avoid the litigation in state court by enforcing arbitration provisions in its contracts with Pitts Farms. Unable to obtain relief in state court, Rio Grande filed a petition in federal court requesting a stay and order compelling arbitration. Such relief is available in federal district court under the Federal Arbitration Act (FAA) only if the court would have had subject matter jurisdiction over the underlying civil action. 9 U.S.C. § 4. Although Rio Grande has suggested numerous bases for jurisdiction, the district court properly found them to be without merit. First, Rio Grande argues that because its contracts with Pitts Farms relate to interstate commerce, it follows that the FAA applies and that the case may therefore be heard in federal c...
GORMAN-BAKOS v CORNELL COOPERATIVE, U.S. 2nd Circuit Court of AppealsGORMAN-BAKOS v CORNELL COOPERATIVE UNITED STATES COURT OF APPEALS For the Second Circuit _ Spring Term, 2001 (Argued: March 14, 2001 Decided: June 04, 2001) Docket No. 00-9012, 00-9104 _ Lynn Gorman-Bakos and Rodney Bakos, Plaintiffs-Appellants-Cross-Appellees, -v.- Cornell Cooperative Extension of Schenectady County, Ellen Elliott, individually and as Executive Director of Cornell Cooperative Extension of Schenectady County, Angela Warner, individually and as agent, servant and employee of Cornell Cooperative Extension of Schenectady County, Mike Pierotti, individually and as President of Cornell Cooperative Extension of Schenectady County, Dorothy Foster, Bob Lindsay, Tim Manning, Marion Pierce, Jo Ann Rafilik, Steve Ras, Linda Rohmer, Sharon Sutton and Grace Underwood, individually and as directors of Cornell Cooperative Extension of Schenectady County, Defendants-Appellees-Cross-Appellants. _ Before: Sotomayor, Katzmann, Circuit Judges, and Chin, District Judge.* _ Plaintiffs-Appellants appeal from a judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Chief Judge), granting defendants' motion for summary judgment because plaintiffs failed to offer sufficient proof of a causal connection between their allegedly constitutionally protected speech and their dismissal from defendants' 4-H program. Defendants-Cross-Appellants appeal the denial of their request for attorney's fees. The appeal is granted, and the judgment is vacated and remanded; the cross- appeal is denied as moot. _ L. John Van Norden, Schenectady, New York, for Plaintiffs-Appellants Lynn Gorman-Bakos and Rodney Bakos, Jeffrey T. Culkin, Gordon, Siegel, Mastro, Mullaney, Gordon & Galvin, P.C., Latham, New York, for Defendants-Appellees Cornell Cooperative Extension of Schenectady County, Ellen Elliott, individually and as Executive Director of Corne...
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