Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-35690
|
Montana Wilderness Assn. Inc. v. U.S. Forest Service
Genuine issues of fact exist as to whether U.S. Forest Service complied with its duties under Montana Wilderness Study Act. |
Environmental Law |
|
Mar. 21, 2003 | |
01-56239
|
Parrish v. Small
Court must determine whether shackling of prisoner during trial was prejudicial. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
01-16735
|
Cummings v. Connell
Refund of fees awarded to nonmembers of union who failed to object to fees was overbroad. |
Labor Law |
|
Mar. 21, 2003 | |
00-35924
|
Montana Right to Life Assn. v. Eddleman
Order |
|
Mar. 21, 2003 | ||
00-55306
|
Homedics Inc. V. Valley Forge Insurance Co.
Patent infringement claims do not trigger insurer's duty to defend under commercial general liability policy. |
Insurance |
|
Mar. 21, 2003 | |
01-35273
|
Mangini v. U.S.
Facts unknown to judge prior to trial required his disqualification and subsequent judgment must be vacated. |
Judges |
|
Mar. 21, 2003 | |
01-10069
|
U.S. v. Pena
Where court never explained nature of charges against defendant, plea colloquy failed to comply with Federal Rule of Criminal Procedure 11. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
01-71463
|
Singh v. INS
Immigration board was not required to mail notice to attorney who failed to file notice of appearance on behalf of client. |
Immigration |
|
Mar. 21, 2003 | |
00-15457
|
Scheehle v. Justices of the Supreme Court of State of Arizona
Order |
|
Mar. 21, 2003 | ||
01-30414
|
U.S. v. Manchester Farming Partnership
Although government's conduct was below standards, court did not err when it denied defendant's Hyde Amendment request for attorney fees and costs. |
Attorneys |
|
Mar. 21, 2003 | |
01-50164
|
U.S. v. Ramirez-Lopez
Government's removal of witnesses before defense counsel could interview them does not indicate bad faith or prejudice to the defendant. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
01-35266
|
Wilderness Society v. U.S. Fish and Wildlife Service
Fishing project in Alaskan wilderness does not violate environmental laws. |
Environmental Law |
|
Mar. 21, 2003 | |
01-17143
|
Natural Resources Defense Council Inc. v. Evans
National Marine Fisheries Service failed to provide proper notice and opportunity for public comment under Administrative Procedure Act. |
Administrative Agencies |
|
Mar. 21, 2003 | |
01-55455
|
Ganis Credit Corp. v. Anderson (In re Jan Weilbert RV Inc.)
In bankruptcy proceedings, court cannot limit 'ordinary business terms' to 'average' transactions in industry. |
Bankruptcy |
|
Mar. 21, 2003 | |
01-16613
|
Aguon v. Commonwealth Ports Authority
Public corporation is not person under 42 U.S.C. Section 1983 and may not be sued for damages because it is instrumentality of state. |
Government |
|
Mar. 21, 2003 | |
02-50087
|
U.S. v. Enslin
Police search of bedroom based on consent of resident with apparent authority was lawful. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
01-71827
|
Vasquez-Lopez v. Ashcroft
Voluntary departure of illegal alien constituted break in continued physical presence. |
Immigration |
|
Mar. 21, 2003 | |
00-30161
|
U.S. v. Severino
Information which correctly alleged prior conviction but alleged it occurred in wrong state gave defendant sufficient notice under 21 U.S.C. Section 851. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
02-15189
|
Lake Kaahumanu v. County of Maui
County council members are not entitled to legislative immunity for decision to deny conditional use permit. |
Government |
|
Mar. 21, 2003 | |
99-16184
|
S.M. v. J.K.
Amended opinion |
|
Mar. 21, 2003 | ||
02-10157
|
U.S. v. Luna-Madellaga
Defendant, convicted of unlawful re-entry of deported alien, is subject to enhancement that applies to removal made pursuant to reinstated order. |
Immigration |
|
Mar. 21, 2003 | |
01-50703
|
U.S. v. Lopez-Garcia
Sentencing enhancement was wrongly imposed upon alien smuggler who was found to have recklessly created substantial risk of danger to another. |
Immigration |
|
Mar. 21, 2003 | |
01-55937
|
Simo v. Union of Needletrades, Industrial & Textile Employees Southwest District Council
There is no breach of duty of fair representation arising from union's application of secondary pressure against employer. |
Labor Law |
|
Mar. 21, 2003 | |
02-15576
|
National Labor Relations Board v. Chapa De Indian Health Program Inc.
National Labor Relations Board had jurisdiction to subpoena tribal medical facility for allegedly unfair labor practices. |
Native American Affairs |
|
Mar. 21, 2003 | |
01-57093
|
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.' |
Contracts |
|
Mar. 21, 2003 | |
00-70858
|
Dixon v. Commissioner of Internal Revenue
Fraud and concealment by government attorneys during court proceedings requires relief for taxpayers. |
Taxation |
|
Mar. 21, 2003 | |
02-55378
|
El Pollo Loco Inc. v. Hashim
Discovery rule applies to toll statute of limitations in contract claim where fraudulent misrepresentation is asserted. |
Civil Procedure |
|
Mar. 21, 2003 | |
02-71549
|
U.S. v. U.S. District Court (Chavez-Orozco)
Jury may not consider whether withdrawn citizenship application would qualify alien as 'U.S. national.' |
Immigration |
|
Mar. 21, 2003 | |
01-56405
|
Arai v. American Bryce Ranches Inc.
District court has discretion to deny Rule 4(a)(6) motion even when rule's requirements are met. |
Civil Procedure |
|
Mar. 21, 2003 | |
01-56728
|
Eminence Capital LLC v. Aspeon Inc.
In dismissing action for failure to state claim, district court failed to overcome presumption in favor of granting leave to amend. |
Civil Procedure |
|
Mar. 21, 2003 |