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Name Category Published
U.S. v. Lahue
Medicare Antikickback Act prohibts exchanging Medicare or Meidcaid referrals for purpose of knowingly and willfully obtaining payment. 		Criminal Law and Procedure Oct. 19, 2001
People v. Wirsching
Where defendant is not informed as to mandatory period of parole, he must be allowed to withdraw his guilty plea. 		Criminal Law and Procedure Oct. 19, 2001
Hersh Companies Incorporated v. Highline Village Associates
Claims based on breach of warranty to repair or replace are governed by general statute of limitations for contract and warranty actions. 		Contracts Oct. 19, 2001
Dike v. People
County court retains jurisdiction to reconsider order of dismissal of criminal case until time of filing appeal expires. 		Criminal Law and Procedure Oct. 19, 2001
Dawson v. People
At providency hearing, trial court must advise defendant of possible sentence and parole, even when there is plea agreement with stipulated sentence. 		Criminal Law and Procedure Oct. 19, 2001
U.S. v. Sandoval
Order 		Oct. 19, 2001
Young v. People
At providency hearing, trial court must advise defendant of possible sentence and mandatory parole. 		Criminal Law and Procedure Oct. 19, 2001
People v. Peterson
Order 		Oct. 19, 2001
People v. Hightower
Order 		Oct. 19, 2001
People v. Fulgham
Order 		Oct. 19, 2001
The Colorado Department of Labor and Employment v. Esser
Claimant's for mental impairment workers' compensation benefits are not required to present oral testimony. 		Workers' Compensation Oct. 19, 2001
In re Bauer
Attorney in criminal contempt proceeding possesses a Sixth Amendment right to be present at hearing on charges. 		Criminal Law and Procedure Oct. 19, 2001
People v. Gall
Search conducted in reasonable good reliance on warrant is upheld. 		Constitutional Law Oct. 19, 2001
Murillo-Espinoza v. INS
Legal resident is deportable for having committed aggravated felony despite having conviction vacated. 		Immigration Oct. 19, 2001
Thornton v. McClatchy Newspapers Inc.
Employee was not disabled under federal law, but may have valid state claim under Fair Employment and Housing Act. 		Civil Rights Oct. 19, 2001
Bauer v. Sampson
College professor's illustrations and comments in school publication were constitutionally protected speech because they did not constitute true threats. 		Constitutional Law Oct. 19, 2001
Kaiser Aluminum & Chemical Corporation v. Bonneville Power Administration
Agency acted in accordance with law when it refused to sell petitioner surplus firm power at IP-96 rate. 		Administrative Agencies Oct. 19, 2001
Wildman v. Johnson
Habeas petition was properly dismissed because district court reasonably applied clearly established federal law. 		Criminal Law and Procedure Oct. 19, 2001
U.S. v. Mackby
Although defendant violated False Claims Act, statutory penalty and treble damages award is subject to excessive fines analysis under Eighth Amendment. 		Government Oct. 19, 2001
Cripe v. City of San Jose
Police officers with neck and back injuries qualify as individuals with disabilities under the Americans with Disabilities Act. 		Civil Rights Oct. 19, 2001
Kimberly Assoc. v. United States
Because United States was acting as private contracting party and not in sovereign capacity, quiet title action isn't barred by unmistakability doctrine. 		Government Oct. 19, 2001
Rollins v. Massanari
Conclusion that applicant for disability benefits was not disabled was supported by substantial evidence. 		Administrative Agencies Oct. 19, 2001
Morrison v. Hall
Statute that prohibits prisoners from receiving bulk rate, third and fourth class mail is unconstitutional as applied to certain subscription publications. 		Constitutional Law Oct. 19, 2001
Domann v. Vigil
Doctor isn't liable for negligence where plaintiffs failed to bring expert medical testimony that doctor did not perform hysterectomy in timely fashion. 		Torts Oct. 19, 2001
Lewis v. New Mexico Department of Health
Court correctly denies state officials' motion to dismiss based on 11th Amendment immunity when plaintiffs claims meet requirements of 'Ex parte Young.' 		Government Oct. 19, 2001
Switzer v. Coan
Pro se litigant's fraud and RICO allegations against federal judges, staff attorneys and clerks was properly dismissed for failure to state claim. 		Judges Oct. 19, 2001
Zavaleta-Gallegos v. INS
Federal court lacks jurisdiction to review final order of removal for alien convicted of enumerated criminal offense. 		Immigration Oct. 19, 2001
Gibson v. Chrysler Corp.
Awarding sanctions after second failed attempt to remove class action to federal court was not proper because arguments were not frivolous. 		Civil Procedure Oct. 19, 2001
Arpin v. Santa Clara Valley Transportation Agency
Court errs in dismissing plaintiff's false arrest and imprisonment claims against state and county employees when complaint alleged sufficient facts to state claim. 		Civil Rights Oct. 19, 2001
McLachlan v. Bell
Case was correctly certified for federal court where defendants were acting within their scope of employment under California law. 		Torts Oct. 19, 2001
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