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Trigalet v. City of Tulsa
Absent constitutional violation by officers whose conduct caused plaintiff's injuries, there can be no municipality liability based on its policies.
Civil Rights May 7, 2001
Stuhlbarg International Sales Co. Inc. v. John D. Brush and Co. Inc.
Court does not abuse discretion in issuing preliminary injunction when there is likelihood of success on merits and possibility of irreparable harm.
Civil Procedure May 7, 2001
Carson Harbor Village v. Unocal Corp.
Order
May 7, 2001
Lee v. County of Los Angeles
Incarceration of mentally disabled man negligently identified as fugitive is violation of due process and right to familial association.
Constitutional Law May 7, 2001
Textile Unlimited Inc. v. A. BMH and Co. Inc.
Federal Arbitration Act does not require venue in contractually-designated arbitration locale for suit to enjoin arbitration.
Civil Procedure May 7, 2001
The Honorable Bob Schaeffer v. Clinton
Congressman lacks standing to challenge congressional cost of living adjustment increases in salary as violation of 27th Amendment.
Civil Procedure May 7, 2001
Qwest Communications Int'l Inc. v. FCC
Phone company has no standing to challenge FCC orders pertaining to number portability.
Civil Procedure May 7, 2001
Romano v. Gibson
Failure to disclose police officer's unrecorded recollection did not prejudice defendants convicted of first-degree murder.
Criminal Law and Procedure May 7, 2001
Catalano v. Commissioner of Internal Revenue
Denial of corporate-level deduction does not entitle business owner to adjustment of individual income.
Taxation May 7, 2001
Jeffers v. Gomez
Court errs in failing to grant prison guards and officials summary judgment motion when they are entitled to qualified immunity for actions.
Government May 7, 2001
U.S. v. Bazuaye
Money laundering involving checks issued by credit card company constitutes crime involving interstate commerce.
Criminal Law and Procedure May 7, 2001
U. S. v. Matthews
Court must examine statutes or copies of convictions when defendant challenges sentence enhancement on basis that previous convictions are not qualifying offenses.
Criminal Law and Procedure May 7, 2001
U.S. v. Garlick
Convictions for separate counts of wire fraud proper where more than one fax transmission were used.
Criminal Law and Procedure May 7, 2001
U.S. v. Ma
Postal employee convicted of theft of undelivered mail properly receives sentence enhancement for abuse of position of trust.
Criminal Law and Procedure May 7, 2001
Krupp v. Breckenridge Sanitation District
Sanitation district's one-time 'plant investment fee' on all new development to pay for pollution to environment not unconstitutional taking.
Constitutional Law May 7, 2001
Flannery v. Prentice
Review granted
May 6, 2001
Schempp v. Lucre Management Group
Intent of a transferee can be imputed to the debtor under the Colorado Uniform Fraudulent Transfer Act.
Real Property May 6, 2001
National Propane Corporation v. Miller
Covenant not to compete breached by loan of money and lease of property to competing business.
Contracts May 6, 2001
Colorado Compensation Insurance Authority v. Industrial Claim Appeals Office
Temporary disability benefits may only be terminated in accordance with statute.
Workers' Compensation May 6, 2001
Sheron v. Lutheran Medical Center
Jury instruction to apportion fault not required when nonparty not designated.
Torts May 6, 2001
People v. Turley
No violation of equal protection where defendants entitled to different number of peremptory challenges.
Criminal Law and Procedure May 6, 2001
People v. Corichi
Competency hearing held fifteen months after trial did not violate defendant's due process rights.
Criminal Law and Procedure May 6, 2001
Colorado Dept. of Health Care Policy and Financing v. Estate of Roberts
Colorado criteria for establishment of disability trust not in conflict with federal law.
Probate and Trusts May 6, 2001
People v. Wright
Trial court violated defendant's double jeopardy rights by increasing amount of a restitution order.
Criminal Law and Procedure May 6, 2001
Fischer-McReynolds v. Quasim
Employer is not liable for failing to accommodate worker who failed to present any evidence that she was perceived as disabled.
Employment Law May 6, 2001
Gallagher v. Board of Trustees for the University
Governmental immunity statute requires employees who allege claims under whistleblower's statute to bring such claims in timely manner.
Employment Law May 6, 2001
Cleveland Indians Baseball v. United States
Award of back wages is taxed in year wages are earned.
Taxation May 6, 2001
Prefer v. PharmNetRx
Party from whom personal property is taken pursuant to replevin order is entitled to return of property upon dismissal of case.
Civil Procedure May 6, 2001
Allen Homesite Group v. Colorado Water Quality Control Division
Review of administrative agency action must be filed within 30 days of administrative ruling.
Administrative Agencies May 6, 2001
Washington v. Ceglowski
Evidence must demonstrate more than single isolated incident of illegal drug activity to sustain conviction for maintaining 'drug house.'
Criminal Law and Procedure May 6, 2001