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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
Parrish v. Small
Court must determine whether shackling of prisoner during trial was prejudicial.
Criminal Law and Procedure Mar. 21, 2003
Cummings v. Connell
Refund of fees awarded to nonmembers of union who failed to object to fees was overbroad.
Labor Law Mar. 21, 2003
Montana Right to Life Assn. v. Eddleman
Order
Mar. 21, 2003
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
Mangini v. U.S.
Facts unknown to judge prior to trial required his disqualification and subsequent judgment must be vacated.
Judges Mar. 21, 2003
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
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
Scheehle v. Justices of the Supreme Court of State of Arizona
Order
Mar. 21, 2003
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
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
Wilderness Society v. U.S. Fish and Wildlife Service
Fishing project in Alaskan wilderness does not violate environmental laws.
Environmental Law Mar. 21, 2003
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
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
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
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
Vasquez-Lopez v. Ashcroft
Voluntary departure of illegal alien constituted break in continued physical presence.
Immigration Mar. 21, 2003
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
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
S.M. v. J.K.
Amended opinion
Mar. 21, 2003
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
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
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
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
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.'
Contracts Mar. 21, 2003
Dixon v. Commissioner of Internal Revenue
Fraud and concealment by government attorneys during court proceedings requires relief for taxpayers.
Taxation Mar. 21, 2003
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
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
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
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