| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-1122
|
Hartsel Springs Ranch of Colorado Inc. v. Bluegreen Corp.
Action is not barred when corporation's successor-in-interest was not adequately represented in prior litigation. |
Civil Procedure |
|
Oct. 10, 2002 | |
|
00-5224
|
Schrader v. Ray
Employer that has fewer than 15 employees but receives federal assistance is subject to Rehabilitation Act. |
Employment Law |
|
Oct. 10, 2002 | |
|
01-6257
|
Plain v. Murphy Family Farms
Appellants are not entitled to new trial because they failed to timely appeal pretrial order denying them right to intervene. |
Civil Procedure |
|
Oct. 10, 2002 | |
|
00-35098
|
Hallett v. Morgan
Amended opinion |
|
Oct. 10, 2002 | ||
|
01-56303
|
Akopyan v. Barnhart
Order issued under fourth sentence of 42 U.S.C. Section 405(g) terminates previous remand order and is final judgment for purposes of attorney fees. |
Civil Procedure |
|
Oct. 10, 2002 | |
|
01-1007
|
Johnson v. Atherton
Petition for writ of habeas corpus is properly denied when ineffective assistance of counsel claim does not implicate voluntariness of plea. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
01-16058
|
State of Arizona v. Bliemeister (In re Bliemeister)
State agency that participated in litigation of case waived right to assert sovereign immunity as defense. |
Government |
|
Oct. 10, 2002 | |
|
99-50760
|
U.S. v. Jimenez-Dominguez
District court did not commit plain error by failing to inquire whether guilty plea was result of discussions with prosecutor. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
99-70396
|
Agyeman v. INS
Alien did not receive adequate explanation of what was needed to support application for adjustment status and thus denied full and fair hearing. |
Immigration |
|
Oct. 10, 2002 | |
|
00-35839
|
Mackie v. Rieser
Artist cannot recover damages when he fails to show copyright infringement caused indirect profits. |
Intellectual Property |
|
Oct. 10, 2002 | |
|
A095637
|
People v. Rae
|
|
Oct. 10, 2002 | ||
|
00-35098
|
Hallett v. Morgan
Amended opinion |
|
Oct. 10, 2002 | ||
|
01-50352
|
U.S. v. Cortes
Carjacking substantially affects interstate commerce under Commerce Clause. |
Constitutional Law |
|
Oct. 10, 2002 | |
|
99-56641
|
Cadillac Fairview/California Inc. v. Dow Chemical Co.
Government is 100 percent liable for cleanup costs associated with pollutants from rubber plant that it owned and controlled during World War II. |
Environmental Law |
|
Oct. 10, 2002 | |
|
00-35667
|
Association to Protect Hammersley, Eld and Totten Inlets v. Taylor Resources Inc.
Mussel byproduct and shells entering Puget Sound via harvesting rafts are not pollutants under Clean Water Act. |
Environmental Law |
|
Oct. 10, 2002 | |
|
01-30065
|
U.S. v. Huggins
Because government conducted thermal imaging search in good faith reliance on facially valid warrant, Fourth Amendment does not compel suppression of images. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
01-15565
|
Mukhtar v. California State University Hayward
Defendant is entitled to new trial because court erroneously admitted testimony of expert witness without proper reliability determination. |
Civil Procedure |
|
Oct. 10, 2002 | |
|
01-2225
|
U.S. v. Harrison
Opinion |
|
Oct. 10, 2002 | ||
|
99-10170
|
U.S. v. Valensia
Despite multiple errors by government and court, defendant's sentence is affirmed based on overwhelming and uncontroverted evidence. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
01-1010
|
Ruiz v. McDonnell
State's improper licensing of at-home day care facility did not constitute affirmative act imposing liability for violent acts of third parties. |
Constitutional Law |
|
Oct. 10, 2002 | |
|
01-35610
|
King County v. Rasmussen
County owns fee simple estate in strip of land formerly used as railroad right of way. |
Real Property |
|
Oct. 10, 2002 | |
|
01-55930
|
Brown v. Li
Public university student does not have First Amendment right to have nonconforming thesis approved. |
Constitutional Law |
|
Oct. 10, 2002 | |
|
00-17279
|
Taylor v. Begay
Navajo tribe must pay owelty to Hopi tribe for income derived from nine trading posts. |
Native American Affairs |
|
Oct. 10, 2002 | |
|
01-50081
|
U.S. v. Geston
Conviction is reversed because prosecutor improperly asked witness to comment on truthfulness of other witnesses. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
01-15474
|
Bothell v. Phase Metrics Inc.
In case regarding overtime compensation, genuine dispute regarding employee's employment activities precludes summary judgment. |
Labor Law |
|
Oct. 10, 2002 | |
|
01-2155
|
Wessel v. City of Albuquerque
Provisions in union agreement to indemnify employer against claims arising from fair share fee collection are void. |
Labor Law |
|
Oct. 10, 2002 | |
|
00-4082
|
Hickman v. GEM Insurance Co.
Contract provision limiting insurance coverage for hospital room to 'usual and customary rate' is not ambiguous. |
Employment Law |
|
Oct. 10, 2002 | |
|
01-3185
|
Sternberg v. Secretary, Dept. of Health and Human Services
Sentencing agreement does not obligate government to exclude defendant's participation in Medicare program for period no longer than his incarceration. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
01-50263
|
U.S. v. Diaz-Suarez
Based on totality of circumstances, investigatory stop was warranted by reasonable suspicion defendant was involved in criminal activity. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
01-56151
|
In re Canter ( Canter v. Canter)
Pursuant to writ of mandamus, court of appeals may review district court's otherwise interlocutory and unreviewable order withdrawing reference to bankruptcy court. |
Civil Procedure |
|
Oct. 10, 2002 |
