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· 2/4/2004

Deborah Baker and Richard Enyeart v. Ibp, Inc.

Citations

  • 357 F.3d 685
  • 174 L.R.R.M. (BNA) 2230
  • 2004 U.S. App. LEXIS 1659
  • 2004 WL 205835

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, when “[a]pplied to claims in federal court, and arising under federal law,” Garmon does not affect a court’s subject-matter jurisdiction but is instead an abstention doctrine, “allocating to an administrative agency the first crack at certain matters”
  • noting “the difficulty of establishing that unlawful hiring of aliens cause[s] a diminution in [documented workers’] wages” because “[w]orkers can change employers ... [which] should cause equilibration throughout the labor market”
  • plaintiffs failed adequately to allege that defendant was conducting the affairs of an enterprise when “[t]he nub of the complaint is that [the defendant] operates itself unlawfully”
  • “Without a difference between the defendant and the ‘enterprise’ there can be no violation of RICO.”
  • “Without a difference between the defendant and the ‘enterprise’ there can be no violation of RICO.”
  • “Without a difference between the defendant and the ‘enterprise’ there can be no violation of RICO.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Easterbrook, Ripple

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.