Legal Opinion

United States v. Local 560 (i.b.t.), Nominal (Intervenor), in No. 91-5440, and Michael Sciarra Joseph Sheridan, Michael Sciarra, in No. 91-5441

Court of Appeals for the Third Circuit

Decided August 18, 1992No. 91-5440, 91-5441PublishedCited by 52 opinions

1Opinion of the Court

TABLE OF CONTENTS

PAGE

I. FACTS AND PROCEDURAL HISTORY.322

A. The Local 560 Litigation.322

B. Events Leading to Issuance of the Permanent Injunction Against Sciarra.324

C. Summary.328

II. SCIARRA’S PROCEDURAL OBJECTIONS.328

III. SUFFICIENCY OF THE EVIDENCE TO SUPPORT ISSUANCE OF THE

PERMANENT INJUNCTION.330

A. What the Government Must Prove to Obtain Modification of the Injunction.331

B. Sufficiency of the Evidence.333

IV. ADMISSIBILITY OF THE IANIELLO/ANDRETTA TAPES AGAINST SCIARRA.337

A. Were Sciarra and the Genovese Family Members Co-Conspirators? ... 338

B. Were the Statements Made During the Course…

2Cases cited52 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  4. Allen v. WrightSupreme Court of the United States · 1984
  5. Griswold v. ConnecticutSupreme Court of the United States · 1965

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3Cited by52 opinions

  1. In Re Flat Glass Antitrust Litigation MdlCourt of Appeals for the Third Circuit · 2004
  2. United States v. Mitchell Antar, in 94-5228. United States of America v. Eddie Antar, in 94-5230Court of Appeals for the Third Circuit · 1995
  3. Walter Holland Oveston Cox Terry Jacobs Brian Taylor Walter Williams Mildeo Raghu J. James Roberson, Luther Gregg Wilhelmina Sherrod Lilli Smitherman, as Administratrix of the Estate of Richard Smitherman, on Behalf of Themselves and All Other Persons Similarly Situated v. New Jersey Department of Corrections, the Jack Terhune William Plantier Scott Faunce George Blaskewicz John Swal James Williams Frank Budd David Wianecki Louis Helmkin Arthur Fingerman Wayne Schultz Ronald Ensana Thomas Moran Michael Viggiano Paul Schuster Gregory Daukshaus, Lawrence Carpenter Patrick Arvonio Al Ortiz Joseph Butler Robert Miller Herbert Bowlby Michael Devine Dominick Conte Barry Parks Raymond Conover David Tilbury Anthony Porto Robert Stephens James Lutz Frederick Valusek Carolyn Abboa-Offei Lydell Sheerer Christopher Norelli George Kennybrook Individually and in Their Capacities as Employees and Agents of the New Jersey Department of Corrections State Law Enforcement Conference of the New Jersey State Policemen's Benevolent Association New Jersey Law Enforcement Supervisors Association, Primary Level Supervisory Law Enforcement Unit New Jersey Superior Officer's Law Enforcement Association Captains Unit Internal Affairs Investigators Association, Internal Affairs Investigators Unit, as Necessary Parties Pursuant to Fed. R. Civ. Pro. 19(a) James Lutz v. Luther Gregg Usa, Lilli Smitherman, in Her Capacity as of the Estate of Richard Smitherman Walter Holland Oveston Cox Brian Taylor Terry Jacobs Walter Williams Intervenor-Plaintiffs v. State of New Jersey New Jersey Department of Corrections Jack Terhune, in His Official Capacity as Commissioner of the New Jersey Department of Corrections State Law Enforcement Conference of the New Jersey State Policemen's Benevolent Association New Jersey Law Enforcement Supervisors Association, Primary Level Supervisory Law Enforcement Unit New Jersey Superior Officers Law Enforcement Association, Superior Officers Law Enforcement Unit New Jersey Superior Officers Law Enforcement Association, Captain Unit Internal Affairs Investigators Association, Internal Affairs Investigators Unit Usa, Lena Haskins, on Behalf of Herself and All Other Persons Similarly Situated, Intervenor-Plaintiffs v. New Jersey Department of Corrections, TheCourt of Appeals for the Third Circuit · 2001
  4. Delaware State Sportsmens Association Inc v. Delaware Department of Safety and Homeland SecuritCourt of Appeals for the Third Circuit · 2024
  5. Bowers v. National Collegiate Athletic Ass'nDistrict Court, D. New Jersey · 1998

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