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O'Neill v. Simpson
Suit contesting court's subject matter jurisdiction in earlier case is barred by res judicata and collateral estoppel.
Real Property May 20, 1998
U.S. v. Atterberry
Trial court's mere mention of right to appeal doesn't nullify appeal waiver in written plea agreement.
Criminal Law and Procedure May 20, 1998
Lowe v. Town of Fairland
District court's failure to rule on asserted qualified immunity defense is immediately appealable.
Government May 20, 1998
In the Interest of G.W.R.
Order
May 20, 1998
O'Toole v. Olathe District Schools Unified School District No. 233
Kansas special education statutes do not impose greater obligation on the state than federal legislation.
Education May 20, 1998
Roberts v. Kling
Absolute immunity is properly granted to District Attorney investigator for execution of criminal complaint against parent.
Government May 20, 1998
Wilder v. Oklahoma Department of Human Services
Order
Administrative Agencies May 19, 1998
Hansen v. State Farm Mutual Automobile Insurance Co.
Trial court isn't required to rewrite inaccurate jury instruction after rejecting it.
Insurance May 19, 1998
Bayer v. Crested Butte Mountain Resort Inc.
Ski lift operators owe passengers the highest duty of care commensurate with practical operation of lifts.
Torts May 19, 1998
People v. Birdsong
Court needn't advise defendant pleading guilty that sex offender treatment requires admission of sexual intent.
Criminal Law and Procedure May 19, 1998
National Labor Relations Board v. I.W.G. Inc.
Opinion
May 19, 1998
Adler v. Wal-Mart Stores Inc.
Employer demonstrating remedial and preventative actions were reasonably calculated to end harassment avoids liability.
Employment Law May 19, 1998
Bankruptcy of Hamilton Creek Metropolitan District
Municipal district isn't insolvent and doesn't qualify for bankruptcy relief.
Bankruptcy May 19, 1998
U.S. v. Escamilla-Cazares
Order
Criminal Law and Procedure May 19, 1998
Bankert v. Shanks
Order
Criminal Law and Procedure May 19, 1998
U.S. v. Pearce
U.S. can appeal final order in Section 2255 proceeding and need not obtain certificate of appealability.
Criminal Law and Procedure May 19, 1998
In re Grand Jury Subpoenas
Limited privilege between corporate officer and attorney creates standing to intervene and move to quash testimony.
Attorneys May 19, 1998
Maher v. Durango Metals Inc.
Investor suing alleged control persons must establish facts showing actual control of primary violator.
Securities May 19, 1998
Aragon v. Shanks
Appeal by probationer challenging constitutionality of good time credits is moot.
Prisoners Rights May 19, 1998
Lowe v. Angelo's Italian Foods Inc.
Order
Civil Rights May 19, 1998
Okland Oil Co. v. Conoco Inc.
Award of both pre-judgment interest and punitive damages isn't impermissible double penalty.
Contracts May 19, 1998
Cross v. United States of America
Order
Taxation May 19, 1998
Marriage of Rabicoff
Mother could assign unpaid child support claim against father to stepfather that assumed responsibility for child.
Family Law May 19, 1998
Kelton v. Ramsey
Prisoner isn't entitled to court-appointed legal expert to facilitate filing malpractice claim against his attorney.
Attorneys May 19, 1998
Middleton v. Beckett
Trial court errs in ruling civil defendant isn't required to show race-neutral reasons for dismissing minority jurors.
Civil Procedure May 19, 1998
In re the Petition of May
Teacher cannot be dismissed except for good cause once position becomes part of classified system.
Education May 19, 1998
Skillstaff of Colorado Inc. v. Centex Real Estate Corporation
Temporary personnel agency doesn't have right to assert mechanic's lien.
Real Property May 19, 1998
Thompson v. City and County of Denver
Landowner's protected property interests extend only to lower bounds of navigable airspace.
Real Property May 19, 1998
Ackerman v. Foster
Under California law, woman away on military duty isn't covered under father's automobile policy as household resident.
Insurance May 19, 1998
Marsala International Trading Co. v. Comerica Bank Inc.
Letter from customer to issuing bank waives discrepancies in documents submitted under letter of credit.
Banking May 19, 1998