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982 F.2d 1312·
9th Cir.·
1992-12-24
The court held that the district court did not abuse its discretion in dismissing the action because the Hoopa and Yurok tribes were indispensable parties who could not be joined due to sovereign immunity, and that the denial of leave to amend was proper as the proposed amendment
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610 So. 2d 697·
Fla. 3d DCA·
1992-12-22
The court held that material issues of fact existed regarding whether the County's mangrove trimming exceeded the scope of a governmental function and whether cuttings fell into protected wetlands, precluding summary judgment.
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979 F.2d 386·
5th Cir.·
1992-12-21
The court held that parole supervision does not automatically terminate after five years if a hearing is not held, and the Parole Commission retains jurisdiction to issue a violator warrant.
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610 So. 2d 95·
Fla. 1st DCA·
1992-12-16
The Town of Baldwin, a quasi-municipal corporation in Duval County, Florida, attempted to annex approximately 57 acres of land through ordinances passed in 1990. The Consolidated City of Jacksonville challenged the annexation as unconstitutional, arguing that all land within Duva
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983 F.2d 563·
4th Cir.·
1992-12-16
The court held that the Department of Corrections properly interpreted and applied Virginia's prison statute governing extraordinary credits, and thus inmates were not deprived of liberty interests protected by the Fourteenth Amendment.
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610 So. 2d 569·
Fla. 4th DCA·
1992-12-09
A condominium association managing three separate condominiums appealed a trial court order requiring separate budgets and financial records for each condominium. The appellate court affirmed that separate budgets are required for expenses specific to each condominium, but revers
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981 F.2d 286·
7th Cir.·
1992-12-08
The court affirmed the district court's grant of qualified immunity to defendants, finding no clearly established right for correctional officers to be free from strip-searches at the time of the incidents.
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980 F.2d 37·
1st Cir.·
1992-11-24
The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 because their lawsuit had a catalytic effect in bringing about significant improvements in the defendants' isolation policies, even though they did not achieve complete succe
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981 F.2d 916·
7th Cir.·
1992-11-24
The court held that the Fair Housing Act allows the government to seek compensatory damages for aggrieved persons in a pattern or practice case, and that evidence of discrimination against testers can establish a pattern or practice. The court also affirmed Balistrieri's liabilit
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978 F.2d 1043·
8th Cir.·
1992-11-02
The court affirmed the district court's order naming the School of Mines as custodian of the fossil pendente lite and dismissed the appeal regarding denial of injunctive relief.
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976 F.2d 248·
5th Cir.·
1992-10-30
A target company must allege an antitrust injury, defined as an injury of the type the antitrust laws were intended to prevent, to obtain a preliminary injunction under the Clayton Act.
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976 F.2d 459·
8th Cir.·
1992-10-09
The court held that the district court did not err in denying the motion to compel discovery, granting summary judgment on civil rights claims, or abstaining from injunctive relief.
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976 F.2d 1303·
9th Cir.·
1992-10-07
The court held that the plaintiffs' amended complaint failed to allege sufficient facts to establish RICO standing or proximate causation for their RICO claims, and also failed to allege sufficient facts for standing for injunctive relief under civil rights statutes, but that the
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975 F.2d 741·
10th Cir.·
1992-09-22
The court held that the state's decision to cut funding for the Navajo Nation's home care services was motivated in part by discriminatory intent, violating the Equal Protection Clause.
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975 F.2d 1459·
10th Cir.·
1992-09-21
The Tax Commission may require the Tribe to obtain a state license to sell 3.2 beer on Indian land, as tribal sovereign immunity does not apply to liquor regulation and Oklahoma has a substantial interest in regulating such sales.
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976 F.2d 469·
9th Cir.·
1992-09-15
The court held that determining whether a suit is against an official in their "official" or "individual" capacity requires analyzing the specifics of the conduct, not just the caption.
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974 F.2d 1020·
8th Cir.·
1992-09-10
The dissenting judge would reverse the district court's decision, finding the settlement agreement's interpretation more plausible for Hall.
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970 F.2d 82·
5th Cir.·
1992-09-01
The court held that the district court did not err in finding that the City acted in bad faith and with intent to harass, thus justifying federal intervention despite pending state proceedings, and that the City could be held liable as its officers acted pursuant to official poli
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973 F.2d 682·
8th Cir.·
1992-08-28
The court held that prisoners do not have an independent constitutional right to have postal employees investigate their complaints, nor do they state an equal protection claim in this context.
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972 F.2d 1113·
9th Cir.·
1992-08-18
The dissenting judge argues that the state must cover allogeneic bone marrow transplants for similarly situated individuals, as the statutory language and practical considerations support equal treatment.
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973 F.2d 82·
2d Cir.·
1992-08-17
A creditor may have standing under New York's fraudulent conveyance law to set aside a conveyance if it caused a diminution in the value of the secured property, even with an exculpation clause, provided the creditor pursues an equitable action to prevent waste rather than a dama
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972 F.2d 820·
7th Cir.·
1992-08-14
The court held that the federal court's injunction preventing the plaintiff from seeking reinstatement in state court was permissible under the relitigation exception of 28 U.S.C. § 2283, as the state court action would require redetermining an issue already decided by the federa
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976 F.2d 1012·
7th Cir.·
1992-08-04
The court held that Chrysler Credit had the superior perfected security interest in eighteen used cars, and that the Bank was likely overpaid on its mortgage and loan, requiring further determination.
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971 F.2d 345·
9th Cir.·
1992-07-29
A federal prisoner seeking only monetary damages in a Bivens action is not required to exhaust administrative remedies.
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970 F.2d 169·
6th Cir.·
1992-07-22
Ohio Revised Code § 3505.03 is unconstitutional because it violates the First and Fourteenth Amendment rights of Independent candidates to be designated as such on general election ballots, thereby burdening voters' rights to associate and cast meaningful votes.
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972 F.2d 529·
4th Cir.·
1992-07-20
The court held that the Commissioner of the Virginia Department of Social Services is ultimately responsible for ensuring the state's compliance with the federal Food Stamp Act, even in a decentralized system, and that the district court did not err in enjoining him to achieve co
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968 F.2d 777·
8th Cir.·
1992-07-10
A municipality has the power to enter into a long-term contract for electricity rates, even if it also possesses legislative rate-setting authority, provided the contract is within its proprietary powers and not expressly prohibited by statute.
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969 F.2d 796·
9th Cir.·
1992-07-08
The dissenting judge believes the majority erred in holding that Active waived its right to arbitrate the RICO claim or was prohibited from splitting it off.
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971 F.2d 244·
9th Cir.·
1992-07-07
Federal courts are not bound by state procedural rules regarding the form of attack on a void state court judgment, and can grant relief based on federal statutes concerning contracts with Indians.
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968 F.2d 681·
8th Cir.·
1992-07-01
The court held that the products in question are 'drugs' under the Federal Food, Drug, and Cosmetic Act and are subject to FDA regulation, affirming the district court's injunction.
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967 F.2d 1404·
9th Cir.·
1992-06-26
The court held that the Gila River Indian Community stated a claim that Arizona's transaction privilege tax on entertainment events on its reservation is preempted by federal law or impermissibly interferes with tribal self-government.
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963 F.2d 795·
5th Cir.·
1992-06-22
The court held that Trinity Industries lacked standing to bring its action because its alleged injuries were too speculative to invoke federal court jurisdiction.
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967 F.2d 55·
2d Cir.·
1992-06-10
The court certified a question of New York state law regarding preemption to the New York Court of Appeals.
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966 F.2d 85·
2d Cir.·
1992-06-08
The court held that the creation of 'shadow classes' and the implicit threat of disciplinary action against a professor for his extramural speech violated his First Amendment rights, but that the college's response to student disruptions of his classes did not.
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966 F.2d 847·
4th Cir.·
1992-06-01
The court held that while the district court correctly found Aetna liable for violating a statute prohibiting cancellation of an agency due to auto insurance volume, it erred by failing to hold a hearing to determine damages. The court affirmed the liability finding but vacated t
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966 F.2d 539·
10th Cir.·
1992-05-12
The bankruptcy court's order writing down the state's mortgage was permissible declaratory and injunctive relief, not barred by the Eleventh Amendment, as it did not award monetary damages against the state.
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596 So. 2d 816·
Fla. 3d DCA·
1992-05-12
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959 F.2d 584·
5th Cir.·
1992-04-30
The court held that the claim for monetary damages was not moot and should be remanded, but the claim for injunctive relief was not justiciable due to a lack of a present or future threat of harm.
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958 F.2d 659·
5th Cir.·
1992-04-20
The court held that the plaintiffs lacked standing to sue because they failed to allege specific facts showing direct injury to their members, and their remaining claim against the Corps was not ripe for review.
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597 So. 2d 887·
Fla. 1st DCA·
1992-04-15
Bayview Buick-GMC sought to acquire Ace Golden Oldsmobile's franchise but General Motors exercised a contractual right of first refusal to acquire the dealership instead. The court held that Florida's motor vehicle franchise statute prohibits manufacturers from using contractual
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960 F.2d 603·
6th Cir.·
1992-04-06
The court held that the district court did not abuse its discretion in denying the motion to set aside the dismissal for lack of prosecution, as the attorney's conduct was culpable and the claims lacked merit.
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960 F.2d 676·
7th Cir.·
1992-04-03
The court held that the Illinois Voluntary Payroll Deductions Act is not unconstitutionally vague and does not violate the First Amendment, as the state employee charitable solicitation drive constitutes a non-public forum with reasonable and viewpoint-neutral restrictions.
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959 F.2d 313·
D.C. Cir.·
1992-03-27
The court held that Arthur Jacobs had standing to challenge the Civil Liberties Act of 1988 but that his equal protection claim failed on the merits because Congress's distinction between Japanese and German American internment was supported by historical evidence and survived st
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957 F.2d 1183·
5th Cir.·
1992-03-23
The court held that the "mere appearance of bias or pressure" standard from Pillsbury does not apply to congressional contact with an agency in non-judicial proceedings; actual intrusion of extraneous factors is required. The court also held that DCP Farms failed to exhaust admin
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960 F.2d 776·
9th Cir.·
1992-02-12
The court held that the equities do not favor permanent injunctive relief, despite prior findings that plaintiffs were likely to succeed on the merits.
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956 F.2d 1·
1st Cir.·
1992-01-31
The court held that the district court erred in summarily dismissing the claim for injunctive relief and the issue of attorney's fees without proper consideration of mootness and prevailing party status.
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954 F.2d 1179·
6th Cir.·
1992-01-24
The court held that the Low Income Home Energy Assistance Act of 1981 implies no private right of action prior to exhausting state administrative remedies and creates no substantive rights enforceable under 42 U.S.C. § 1983.
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954 F.2d 1174·
6th Cir.·
1992-01-24
The court held that defendants' actions in setting in motion operations with a realistic impact on the forum state support personal jurisdiction.
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953 F.2d 376·
8th Cir.·
1992-01-07
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950 F.2d 887·
3d Cir.·
1991-12-10
A FELA claim is not manifest, and thus not discharged in bankruptcy, until the claimant discovers, or a reasonable person would have discovered, their injury and knows, or has reason to know, the cause thereof.