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Name Category Published
Bartell v. Aurora Public Schools
Plaintiff's factual contentions fail to demonstrate that summary judgment ruling on 42 U.S.C. Section 1983 claim in defendant's favor was error.
Civil Procedure Nov. 13, 2001
Erikson v. Pawnee County Board of County Commissioners
Plaintiff failed to demonstrate that his repeated prosecution violated constitutional rights, and district attorney was immune from suit.
Civil Rights Nov. 13, 2001
U.S. v. Zubia-Melendez
Court correctly denies motion to suppress evidence seized during search of defendant's vehicle when probable cause supported stop and consent was voluntary.
Criminal Law and Procedure Nov. 13, 2001
Schroder v. Bush
Lawsuit requesting court to maintain favorable market conditions for small farmers was unjusticiable political question.
Constitutional Law Nov. 13, 2001
Mathews v. The Denver Post
Disabled employee was not qualified for job because he could not perform its essential functions.
Employment Law Nov. 13, 2001
Rotunno v. Massanari
Order
Nov. 13, 2001
Liverman v. Hyde
Order
Constitutional Law Nov. 13, 2001
Andrews v. TRW Inc.
Jury must decide whether identity theft is common enough that credit reporting agency should disclose credit information because last name matches social security number on file.
Business Law Nov. 13, 2001
Delta Savings Bank v. United States
Among other things, plaintiff fails to state violation of Federal Tort Claims Act by not showing that government's conduct violates state law.
Government Nov. 13, 2001
Noble v. Novak
Order
Nov. 13, 2001
U.S. v. Busekros
Court erred in denying federal benefits in case where defendant assisted government in prosecuting gang leaders.
Criminal Law and Procedure Nov. 13, 2001
Einstein/Noah Bagel Corp. v. Smith (In re BCE West)
Debtor-lessors are not required to pay relocation expenses of sublease tenant.
Bankruptcy Nov. 13, 2001
Kanter v. Warner-Lambert Co.
Defendant who improperly removes lawsuit from state to federal court is liable for attorney fees.
Civil Procedure Nov. 13, 2001
U.S. v. Haney
Federal criminal gun-control law doesn't violate Second Amendment unless it impairs state's ability to maintain well-regulated militia.
Constitutional Law Nov. 13, 2001
U.S. v. Elliott
Defendant's waiver of right to appeal conviction includes waiver of right to appeal district court's denial of motion to withdraw guilty plea.
Criminal Law and Procedure Nov. 13, 2001
US v. Pompey
Court did not err in finding defendant competent to stand trial.
Criminal Law and Procedure Nov. 13, 2001
Pacific Coast Federation fo Fishermen's Assn. Inc. v. National Marine Fisheries Service
Amended opinion
Nov. 13, 2001
U.S. v. Velasco-Heredia
Order
Nov. 13, 2001
Schwartz v. Brotherhood of Maintenance Way Employees
Union Chairman's 'arbitrary' advice amounts to potential breach of duty of fair representation.
Labor Law Nov. 13, 2001
U.S. v. Rodriguez-Aguirre
Among other things, court errs in dismissing case for lack of standing and applying doctrine of laches when applicable statute of limitations exists.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Santana-Garcia
Motion to suppress is reversed where officer had probable cause to detain suspects at time of their consent to search.
Criminal Law and Procedure Nov. 13, 2001
Carlson v. United Academics-AAUP/AFT
Union's objection system doesn't discriminate between nonmembers who object to agency fee, but accept reduced fee computation and those challenging fee calculation.
Labor Law Nov. 13, 2001
Boxx v. Long Warrior
Tribal Court doesn't have jurisdiction over personal injury action against non-Indian arising from accident on 'non-Indian fee land' on reservation.
Native American Affairs Nov. 13, 2001
F.S.J., a Minor
Prosecutor's certification of juvenile case for federal court was not subject to judicial review.
Juveniles Nov. 13, 2001
U.S. v. Ochoa-Gaytan
Criminal defendant may be eligible for reduced sentence for acceptance of responsibility despite refusal to plead guilty.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Sparks
Defendant's prior conviction did not qualify him for sentencing under Armed Career Criminal Act.
Criminal Law and Procedure Nov. 13, 2001
Cukierman v. Uecker (In re Cukierman)
'Further rent' obligations in commercial lease are entitled to administrative priority when found to be payment of secured promissory notes.
Bankruptcy Nov. 13, 2001
Southern California Gas Co. v. Utility Workers Union of America, Local 132, AFL-CIO
Court affirms arbitrator's order that employer must reinstate employees who failed federally mandated drug tests because results were reviewed by imposter physician.
Employment Law Nov. 13, 2001
Homans v. City of Albuquerque
Because all requirements for emergency motion for injunction pending appeal are satisfied, defendants are enjoined from further enforcing provision of city charter.
Civil Procedure Nov. 13, 2001
U.S. v. Holt
Police officer may ask motorist about presence of weapons even in absence of particularized suspicion.
Constitutional Law Nov. 13, 2001