· 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 CourtListenerSourced 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.