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Washington Lawyer Search - Listings for Fogerty Sam J Attorney at Law
Name: Fogerty Sam J Attorney at Law
Address: 8903 Gravelly Lake Dr SW Lakewood, WA 98499
Phone Number: 253-588-8131
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Specialties:
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Personal Injury & Property Damage Law
General Practice
Adoption, Divorce & Family Law
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Cases related to this attorney's specialties:
PACHECO v. WHITING FARMS INC. FILED United States Court of Appeals 1000 Tenth Circuit APR 30 2004 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT VERONICA PACHECO, Plaintiff-Appellant, v. No. 03-1170 WHITING FARMS, INC.; THOMAS WHITING, individually; and N. LYLE JOHNSTON, individually, Defendants-Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO (D.C. No. 01-RB-851 (CBS)) Submitted on the briefs:(1) Patricia L. Medige, Colorado Legal Services, Denver, Colorado, for Plaintiff-Appellant. Sam D. Starritt and Michael C. Santo, Dufford, Waldeck, Milburn & Krohn, LLP, Grand Junction, Colorado, for Defendants-Appellees. Before SEYMOUR, BALDOCK, and LUCERO, Circuit Judges. (1) After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case therefore is ordered submitted without oral argument. BALDOCK, Circuit Judge. Plaintiff Veronica Pacheco sued Defendants Whiting Farms Inc. and its controlling owners alleging they failed to pay her overtime wages and terminated her employment in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219. FLSA generally requires employers to pay their employees one and one-half times the employee's regular rate of pay (overtime) for each hour worked in excess of forty hours during any given week. 29 U.S.C. 207(a)(1). FLSA's overtime wage requirements do not apply, however, "with respect to . . . any employee employed in agriculture[.]" Id. 213(b)(12). FLSA also prohibits retaliation against an employee because she engaged in protected activity under the Act. Id. 215(a)(3). The parties filed cross-motions for summary judgment. The district court granted Defendants' motion for summary judgment, holding Defendants were not required to pay Plaintiff overtime wages under FLSA's "agricultural...
ISRAEL, DONALD v. US DEPT AGRICULTURE In the United States Court of Appeals For the Seventh Circuit No. 01-1910 Donald and Patsy Israel, Richard and Shirley Quinton, all d/b/a Israel and Quinton Farms, Plaintiffs-Appellants, v. United States Department of Agriculture, Farm Service Agency, Defendant-Appellee. Appeal from the United States District Court for the Western District of Wisconsin. No. 00 C 223-Barbara B. Crabb, Chief Judge. Argued October 23, 2001-Decided March 8, 2002 Before Harlington Wood, Jr., Cudahy, and Kanne Circuit Judges. Kanne, Circuit Judge. In 1989, plaintiffs restructured an existing loan with the Farm Service Agency ("FSA")/1 and signed a ten-year agreement as part of that restructuring. The agreement required plaintiffs to pay the FSA a percentage of appreciation that accrued to their property if certain triggering events transpired ("recapture"). In 1999, the FSA determined that expiration of the agreement was one of the triggering events and sought recapture. Plaintiffs sought administrative review of the FSA's determination and argued that only three events triggered recapture: full payment on the loan, cessation of farming, or transfer of the title of their property. The National Appeals Division of the Department of Agriculture found that the terms of the agreement allowed recapture at the expiration of the agreement. Plaintiffs appealed that decision to the Director of the National Appeals Division for the Department of Agriculture, who affirmed. Plaintiffs then sought judicial review of the agency's determinations and argued that they were arbitrary and capricious, contrary to law, and unsupported by substantial evidence. The district court affirmed, and plaintiffs appealed. We affirm. I. History A. Shared Appreciation Agreement Plaintiffs, Donald and Patsy Israel and Richard and Shirley Quinton, own a farming partnership called Israel and Quinton Farms. In the fall of 1989, plaintiffs were indebted to the FSA in the amount...
CROPLIFE AMER v EPA, U.S. DC Circuit Court of AppealsCROPLIFE AMER v EPA United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued March 17, 2003 Decided June 3, 2003 No. 02-1057 CropLife America, et al., Petitioners v. Environmental Protection Agency, Respondent Natural Resources Defense Council and American Chemistry Council, Intervenors On Petition for Review of an Order of the Environmental Protection Agency Kenneth W. Weinstein argued the cause for petitioners. With him on the brief was Alexandra A. E. Shapiro. Seth A. Goldberg argued the cause for intervenor American Chemistry Council. With him on the briefs was Cynthia L. Taub. Daniel M. Flores, Attorney, U.S. Environmental Protection Agency, argued the cause for respondent. Christopher S. Vaden and Kent E. Hanson, Attorneys, entered appearances. Aaron Colangelo argued the cause for intervenor Natural Resources Defense Council. With him on the brief was Erik D. Olson. Joseph W. Hatchett, Lee Davis Thames and Jerry C. Hill were on the brief for amicus curiae Florida Citrus Mutual, et al., in support of petitioners. Benjamin S. Sharp was on the brief for amicus curiae Washington State Potato Commission in support of petition- ers. Before: Ginsburg, Chief Judge, and Edwards and Garland, Circuit Judges. Opinion for the Court filed by Circuit Judge Edwards. Edwards, Circuit Judge: This case concerns an Environ- mental Protection Agency ("EPA" or "the agency") directive banning agency consideration of "third-party" human studies in evaluating the safety of pesticides. In the late 1990s, EPA began reevaluating its practice of relying on data from third- party human studies, and began considering such data on a case-by-case basis only. In October 2001, the agency made this case-by-case practice clear to the regulated community. Then, however, the agency abruptly reversed its position. On December 14, 2001, EPA issued a di...
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