Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-35145
|
Madison v. Graham
Property owners improperly challenge Montana law on substantive due process grounds; should have made takings claim. |
Constitutional Law |
|
Mar. 21, 2003 | |
01-36019
|
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 | |
01-30057
|
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 | |
02-50138
|
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 | |
01-35053
|
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 | |
00-17113
|
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 | |
01-50730
|
U.S. v. Dahl
Violator of Recreational Fee Demonstration Program cannot be convicted of Class B misdemeanor. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
02-30000
|
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 | |
01-15483
|
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 | |
01-10458
|
U.S. v. Pace
Amended opinion |
|
Mar. 21, 2003 | ||
02-35761
|
Anderson v. Evans
Government failed to prepare environmental impact statement before approving Makah Tribe's whaling quota. |
Environmental Law |
|
Mar. 21, 2003 | |
01-55290
|
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 | |
01-16994
|
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 | |
02-10196
|
U.S. v. Price
Double jeopardy does not bar defendant's prosecution for Clean Air Act violation. |
Environmental Law |
|
Mar. 21, 2003 | |
01-56150
|
Lawson v. City of Santa Barbara
Order |
|
Mar. 21, 2003 | ||
01-16505
|
Mayweathers v. Newland
Religious Land Use and Institutionalized Persons Act is constitutional exercise of Congress' spending clause authority. |
Constitutional Law |
|
Mar. 21, 2003 | |
01-71537
|
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 | |
02-50155
|
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 | |
00-57210
|
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 | |
01-36092
|
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 | |
00-99005
|
Fields v. Woodford
Amended opinion |
|
Mar. 21, 2003 | ||
00-17213
|
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 | |
01-50140
|
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 | |
01-10105
|
U.S. v. Mendoza-Prado
Defendant was not entrapped into committing two drug-related offenses. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
01-10415
|
U.S. v. Reyna-Tapia
Order |
|
Mar. 21, 2003 | ||
01-30362
|
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 | |
02-50053
|
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 | |
00-16568
|
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 | |
01-57021
|
Zegarra-Gomez v. INS
Deportation subsequent to filing of habeas petition does not moot petition. |
Immigration |
|
Mar. 21, 2003 | |
01-56735
|
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 |