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Tie Tech Inc. v. Kinedyne Corp.
Summary judgment is proper against trademark holder because product design of device is not fanciful, but instead wholly functional.
Intellectual Property Oct. 10, 2002
Northwest Airlines Inc. v. Camacho
Malicious prosecution and abuse of process claims are claims for injuries to person and barred by statute of limitations for personal injury claims.
Civil Procedure Oct. 10, 2002
Majoy v. Roe
Conviction where key witness admits to lying about defendant's involvement in crime may override defendants untimely petition for federal habeas review.
Criminal Law and Procedure Oct. 10, 2002
Montoya v. Chao
Defendant failed to provide acceptable excuse for missing 30-day deadline to file discrimination suit.
Civil Procedure Oct. 10, 2002
U.S. v. Lee
Defendant who unlawfully copied computer Website did not deserve sentence enhancement for possessing special computer skills.
Criminal Law and Procedure Oct. 10, 2002
Lawson v. State of Washington
There is insufficient evidence that plaintiff was constructively discharged after voluntarily resigning from employment due to religious beliefs.
Employment Law Oct. 10, 2002
Lundahl v. Zimmer
Court clerks are absolutely immune from lawsuit alleging they failed to enter default judgments.
Government Oct. 10, 2002
Gerling Global Reinsurance Corp. v. Low
Holocaust Victim Insurance Relief Act does not violate due process of insurers who conduct business in California.
Constitutional Law Oct. 10, 2002
Kang v. U. Lim America, Inc.
Employee called names and physically struck because his supervisor viewed him as member of 'superior' national origin has claim for harassment.
Civil Rights Oct. 10, 2002
Dilley v. SuperValu Inc.
Potential violation of seniority system did not preclude jury from finding employee's requested accommodation to be reasonable.
Employment Law Oct. 10, 2002
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