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Madison v. Graham
Property owners improperly challenge Montana law on substantive due process grounds; should have made takings claim.
Constitutional Law Mar. 21, 2003
Botsford v. Blue Cross and Blue Shield of Montana Inc.
Federal jurisdiction is proper where Federal Employees Health Benefits Act pre-empts insured's claim against insurer.
Civil Procedure Mar. 21, 2003
U.S. v. Technic Services Inc.
Treasurer of corporation that performs asbestos removal is guilty of violating Clear Water Act.
Environmental Law Mar. 21, 2003
U.S. v. San Juan-Cruz
Administrative Rights and 'Miranda' warnings were invalid because they provided defendant with different and conflicting sets of warnings.
Criminal Law and Procedure Mar. 21, 2003
Sandgathe v. Maass
Claims of ineffective assistance of counsel, premised on defendant's alleged mental incompetence, were properly rejected.
Criminal Law and Procedure Mar. 21, 2003
Rivero v. City and County of San Francisco
City officials are not entitled to qualified immunity from lawsuit accusing them of retaliation for exercise of free speech rights.
Government Mar. 21, 2003
U.S. v. Dahl
Violator of Recreational Fee Demonstration Program cannot be convicted of Class B misdemeanor.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Rosacker
Sentence for drug offense that was based on unreliable police laboratory report must be recalculated.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Thiele
Claim for relief from restitution order may not be brought in 28 U.S.C. Section 2255 motion.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Pace
Amended opinion
Mar. 21, 2003
Anderson v. Evans
Government failed to prepare environmental impact statement before approving Makah Tribe's whaling quota.
Environmental Law Mar. 21, 2003
Bradley v. Duncan
Trial court's refusal to instruct jury on defense of entrapment violated defendant's due process rights.
Criminal Law and Procedure Mar. 21, 2003
Johnson v. Henderson
Equitable estoppel and equitable tolling will not preserve sexual harassment claims where claimant failed to exhaust administrative remedies.
Civil Procedure Mar. 21, 2003
U.S. v. Price
Double jeopardy does not bar defendant's prosecution for Clean Air Act violation.
Environmental Law Mar. 21, 2003
Lawson v. City of Santa Barbara
Order
Mar. 21, 2003
Mayweathers v. Newland
Religious Land Use and Institutionalized Persons Act is constitutional exercise of Congress' spending clause authority.
Constitutional Law Mar. 21, 2003
Salta v. INS
Board of Immigration Appeals abused its discretion when applying evidentiary requirements of certified mail receipt to regular mail delivery.
Immigration Mar. 21, 2003
U.S. v. Hernandez
Border agents had probable cause to arrest passenger in rear seat of vehicle containing drugs.
Criminal Law and Procedure Mar. 21, 2003
Platinum Capital, Inc. v. Sylmar Plaza (In re Sylmar Plaza)
Chapter 11 reorganization plan which enables debtor to avoid default penalties does not indicate plan was created without 'good faith.'
Bankruptcy Mar. 21, 2003
Geurin v. Winston Industries Inc.
Manufacturer of fryer that injured plaintiff was entitled to introduce evidence that third parties were responsible for accident.
Torts Mar. 21, 2003
Fields v. Woodford
Amended opinion
Mar. 21, 2003
Arakaki v. State
Hawaii's requirement that trustees of Office of Hawaiian Affairs be Hawaiian violates Fifteenth Amendment and Voting Rights Act.
Constitutional Law Mar. 21, 2003
U.S. v. Colin
Driver who touches lane divider for several seconds does not create reasonable suspicion of land straddling.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Mendoza-Prado
Defendant was not entrapped into committing two drug-related offenses.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Reyna-Tapia
Order
Mar. 21, 2003
U. S. v. Vesikuru
Anticipatory search warrant was valid because it adequately incorporated supporting affidavit establishing probable cause and articulated conditions precedent to warrant's execution.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Gorman
Police who enter third party's home to execute arrest warrant must have probable cause to believe suspect is present.
Criminal Law and Procedure Mar. 21, 2003
Wyatt v. Terhune
Exhaustion requirement of Prison Litigation and Reform Act is defense which must be raised and proved by defendant.
Prisoners Rights Mar. 21, 2003
Zegarra-Gomez v. INS
Deportation subsequent to filing of habeas petition does not moot petition.
Immigration Mar. 21, 2003
Palm v. Cady (In re Cady)
Denial of automatic stay was proper where judgment of nondischargeability was recorded prior to property transfer.
Bankruptcy Mar. 21, 2003