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Lewis v. Barnhart
Although commissioner's position was incorrect, it was substantially justified and there is no abuse of discretion in denying attorneys fees.
Administrative Agencies Apr. 24, 2002
Hagerman v. United Transportation Union
Because Surface Transportation Board has authority over railroad mergers, district court lacks jurisdiction over railroad employees' contract claims relating to merger.
Administrative Agencies Apr. 24, 2002
Tahoe-Sierra Preservation v. Tahoe Regional Planning
Order
Apr. 24, 2002
Paulson v. City of San Diego
Order
Apr. 24, 2002
Yu v. Albany Insurance Co.
Failure to comply with unambiguous Captain Warranty provision, despite lack of evidence of causal connection between breach and loss, precludes insurance coverage.
Maritime Law Apr. 24, 2002
Tahoe-Sierra Preservation Council Inc. v. ECR Tahoe Regional Planning Agency
Temporary development moratorium does not deprive landowners of all value or use of property and does not effect a taking.
Real Property Apr. 24, 2002
Opinion of Bill Lockyer
County board of education may not meet in closed session to discuss employment related issues concerning superintendent's employees.
Government Apr. 24, 2002
Opinion of Bill Lockyer
Full-time, salaried Federal law enforcement officers are exempt from state law prohibition against carrying concealed, loaded firearms while off-duty.
Government Apr. 24, 2002
Opinion of Lockyer
City council may continue benefits for departing members who participate on self-pay basis.
Government Apr. 24, 2002
Community Dental Services v. Tani
Amended opinion
Apr. 24, 2002
Mitchell v. Brinkman
Order
Apr. 24, 2002
Bui v. IBP, Inc.
Order
Apr. 23, 2002
In re Cooper
Order
Apr. 23, 2002
In re Kimboko
Order
Apr. 23, 2002
US v. Francis
Order
Apr. 23, 2002
Minner v. Dayton Hudson Corporation
Order
Apr. 23, 2002
US v. Alfaro
Order
Apr. 23, 2002
Matus-Leva v. U.S.
Writ of error coram nobis is unavailable to defendant who is in custody and more usual remedy of habeas petition is available.
Criminal Law and Procedure Apr. 22, 2002
Ashcroft v. Free Speech Coalition
Statute that prohibits 'virtual child pornography' is unconstitutional.
Constitutional Law Apr. 22, 2002
Transmission Agency of Northern California v. Sierra Pacific Power Co.
Ninth Circuit no longer had jurisdiction over federal claims and state claims were pre-empted by federal law.
Civil Procedure Apr. 22, 2002
Newman v. Sathyavaglswaran
Parents whose deceased children's corneas were removed without permission may pursue civil rights claim.
Civil Rights Apr. 22, 2002
Parents Involved in Community Schools v. Seattle School District, No. 1
'Racial tiebreaker' as used by the Seattle school district to promote diversity, violates Washington Civil Rights Act.
Civil Rights Apr. 22, 2002
U.S. v. Craft
Federal tax lien may attach to entireties property that taxpayer purported to transfer to spouse.
Taxation Apr. 22, 2002
U.S. v. Working
Court abused discretion in sentencing defendant to one day for assault with intent to commit first-degree murder.
Criminal Law and Procedure Apr. 22, 2002
In re Stone
Where moving party fails to make out prima facie case upon which potential nonparty's fault can rest, nonparty-at-fault designation is improper.
Attorneys Apr. 22, 2002
People v. Taylor
Police officers may stop vehicle to arrest passenger therein without violating Fourth Amendment rights of driver.
Criminal Law and Procedure Apr. 22, 2002
People v. Smith
Officers' warrantless entry was not justified by emergency exception.
Criminal Law and Procedure Apr. 22, 2002
People v. Haley
Police lacked reasonable suspicion to conduct dog sniff search of exterior of automobile for illegal substances.
Criminal Law and Procedure Apr. 22, 2002
Keefe v. Kirschenbaum
Colorado resident and New York law firm's continuing obligations are sufficient to satisfy requirements for exercise of specific jurisdiction by Colorado.
Civil Procedure Apr. 22, 2002
Telluride Resort and Spa v. Colorado Department of Revenue
Purchaser of hotel didn't qualify for sales tax exemption.
Taxation Apr. 22, 2002