DAIG CORP.

v.

MEDTRONIC, INC., ET AL.

Citator

Cited By

• United States v. Cardall, 885 F.2d 656 (10th Cir. 1989)
  …a fact that the other does not, the Blockburger test is satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes.” (Emphasis added). See also United States v. Davis, 793 F. 2d 246, 248 (10th Cir.), cert. denied, 479 U.S. 931, 107 S.Ct. 400, 93 L.Ed.2d 353 (1986) (“The double jeopardy test does not focus on the acts charged in the indictment or the evidence at trial, but rather on the elements of the crimes.”). We agree with the trial court that the counts which were th…
• LEA v. Republic Airlines, Inc., 903 F.2d 624 (9th Cir. 1990)
  …ybrid” RLA/ERISA Claim. The Ninth Circuit has adopted a six-month time bar for “hybrid” actions under the RLA. See, e.g., International Ass’n of Machinists & Aerospace Workers v. Aloha Airlines, Inc., 790 F. 2d 727, 733-34 (9th Cir.), cert. denied, 479 U.S. 931, 107 S.Ct. 400, 93 L.Ed.2d 354 (1986). Virtually every other circuit applies the same rule.13 Appellants rely on Adams v. Gould Inc., 739 F. 2d 858 (3d Cir.1984), cert. denied, 469 U.S. 1122, 105 S.Ct. 806, 83 L.Ed.2d 799 (1985), and Bower v. Bunker…

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