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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
Schrader v. Ray
Employer that has fewer than 15 employees but receives federal assistance is subject to Rehabilitation Act.
Employment Law Oct. 10, 2002
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
Hallett v. Morgan
Amended opinion
Oct. 10, 2002
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
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
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
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
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
Mackie v. Rieser
Artist cannot recover damages when he fails to show copyright infringement caused indirect profits.
Intellectual Property Oct. 10, 2002
People v. Rae
Oct. 10, 2002
Hallett v. Morgan
Amended opinion
Oct. 10, 2002
U.S. v. Cortes
Carjacking substantially affects interstate commerce under Commerce Clause.
Constitutional Law Oct. 10, 2002
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
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
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
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
U.S. v. Harrison
Opinion
Oct. 10, 2002
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
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
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
Brown v. Li
Public university student does not have First Amendment right to have nonconforming thesis approved.
Constitutional Law Oct. 10, 2002
Taylor v. Begay
Navajo tribe must pay owelty to Hopi tribe for income derived from nine trading posts.
Native American Affairs Oct. 10, 2002
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
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
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
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
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
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
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