Cases

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PEOPLE OF THE STATE OF No. 12-55856 CALIFORNIA EX REL. IMPERIAL COUNTY AIR POLLUTION CONTROL D.C. No. DISTRICT; IMPERIAL COUNTY AIR 3:09-cv-02233- POLLUTION CONTROL DISTRICT; AJB-PCL COUNTY OF IMPERIAL, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF THE INTERIOR; SALLY JEWELL, Secretary of the United States Department

WARDLAW, Circuit Judge: Balbir Singh (“Singh”) petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an Immigration Judge’s denial, of his motion to reopen deportation proceedings held in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1105a (1996).1 Because the BIA erred when it relied upon newly-created evidentiary standards in dismissing Singh

STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION ‘Rutland Unit CONFORM vet Docket No. 205-3-11 Rdev JUL - 22012 ROBERT BOYD, Plaintiff RUTLAND v. ANDREW PALLITO, Commissioner, Vermont Department of Corrections, Defendant DECISION Cross Motions for Summary Judgment This case calls for a legal interpretation of a Department of Corrections Policy Directive related to a prison superintendent’s authority to order a new disciplinary hearing. Both the petitioner, a prisoner in custody of the DOC, and

Jonathan D. Smith, Sr. v. State of Maryland, No. 283, September Term, 2021. Opinion by Graeff, J. CRIMINAL PROCEDURE – PROPER REMEDY – BRADY VIOLATION Where there is a Brady violation, a new trial typically is the most severe sanction available, and dismissal of an indictment on due process grounds is an appropriate remedy only in rare cases. Even in the situation where a defendant shows willful misconduct by the State, dismissal is appropriate only where there is irreparable prejudi

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NAVAJO NATION, No. 19-17088 Plaintiff-Appellant, D.C. No. v. 3:03-cv-00507- GMS U.S. DEPARTMENT OF THE INTERIOR; DEB HAALAND, Secretary of the Interior; UNITED STATES BUREAU OF ORDER AND RECLAMATION; BUREAU OF INDIAN AM

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NAVAJO NATION, No. 19-17088 Plaintiff-Appellant, D.C. No. v. 3:03-cv-00507- GMS U.S. DEPARTMENT OF THE INTERIOR; DEB HAALAND, Secretary of the Interior; UNITED STATES BUREAU OF OPINION RECLAMATION; BUREAU OF INDIAN AFFAIRS,

David R. Faulkner v. State of Maryland No. 42, September Term 2019 Jonathan D. Smith v. State of Maryland No. 43, September Term 2019 Opinion by Biran, J. CRIMINAL LAW — PETITION FOR WRIT OF ACTUAL INNOCENCE — MATERIALITY OF NEWLY DISCOVERED EVIDENCE — A judge considering a petition for a writ of actual innocence must determine whether newly discovered evidence that could not have been discovered with the exercise of due diligence creates a substantial or significant possibility that

(2008) Johnnie D. CLARK, Plaintiff, v. The NATIONAL SHIPPING CO. OF SAUDI ARABIA, Mideast Ship Management Ltd., and Virginia International Terminals, Inc., Defendants. Civil Action No. 2:07cv599. United States District Court, E.D. Virginia, Norfolk Division. May 12, 2008. OPINION AND ORDER WALTER D. KELLEY, JR., District Judge. On Janu

Graeff, J. On January 5, 1987, 64-year-old Adeline Wilford was stabbed to death in the kitchen of her farmhouse. The investigation stalled for years, but on March 1, 2001, a jury in the Circuit Court for Talbot County convicted Jonathan D. Smith, appellant, of felony murder and daytime housebreaking. The circuit court subsequently se

OPINION BERZON, Circuit Judge: The Department of the Interior (“Interi- or” or “the Secretary”) oversees the control, storage, and delivery to the Western states of the waters of the Colorado River. In most years, each state in the Colorado River Basin receives a fixed amount of water from the river; in “surplus” an

JUDE G. GRAVOIS, Judge. I INTRODUCTION Plaintiff/appellant, Eugene Bach, IV, appeals the trial court’s grant of summary judgment in favor of defendants, Captains Craig Andrews, William Loga, Jr., and Steven Vogt, the three appointed members of the Board of River Port Pilot Commissioners, and also the grant of exceptions of *358prescription

142 F.Supp.2d 649 (2001) Robert V. ADAMS, et al., Plaintiffs, v. NVR HOMES, INC., t/a Ryan Homes, et al., Defendants. No. CIV. H-99-846. United States District Court, D. Maryland. April 27, 2001. *650 Roberto N. Allen, Saul, Ewing, Weinberg and Green, Pamela D. Marks, Robert Brager, Mark A. Turco, Beveridge & Diamond, PC, Mon

R. STAN BAKER, UNITED STATES DISTRICT JUDGE This matter is before the Court on Defendant The National Shipping Company of Saudi Arabia's Motion for Summary Judgment. (Doc. 47.) Plaintiffs filed a Response in Opposition, (doc. 52), and Defendant filed a Reply, (doc. 54).1 In this negligence case, brought under Section 905(b) of the Longshore and Harbor Workers' Compensation Act, Plaintiffs seek to recover

OPINION HURWITZ, Circuit Judge: The Saltón Sea — the largest inland body of water in California — is a creature of accident. In 1905, water from the Colorado River breached an irrigation canal and flooded the then-dry Saltón Basin. After the initial flood, irrigation runoff from the Imperial and Coachella Valleys — supplied by the Colorado River — sus

ORDER The opinion filed May 19, 2014, and published at 751 F.3d 1113, is amended as follows: At slip opinion page 32, in the fourth and fifth textual sentences in the second full paragraph, Change: “Imperial Irrigation, Imperial County, and the State of California, not the Secretary, will ultimately determine how to allocate the water they receive. If they so choose, they could allocate every acre

RE: CASE NUMBER: 12-14-00203-CV FILED IN COI : QFAPPEALS TRIAL COURT CASE: 12-1808-D 12th Coij p—— . _— IN THE MATTER OF IN THE THE MARRIAGE OF LINDA C. TATE TWELFTH COURT OF APPEALS Vs

STEIN, J., dissenting. The Court meticulously has described the relevant history of maritime law and the events that led to the enactment of the Harter Act, 46 U.S.C.App. §§ 190 to -96, and the Carriage of Goods by Sea Act (COGSA), 46 U.S.C.App. §§ 1300 to -15. The Court correctly notes that those federal laws should govern a liability dispute between a stevedore hired by an ocean carrier and a

*700MEMORANDUM AND OPINION ENTERING FINDINGS OF FACT AND CONCLUSIONS OF LAW LEE H. ROSENTHAL, District Judge. This is a dispute over responsibility for damage to a large power transformer. The plaintiff, Crompton Greaves, Ltd. designs and manufactures power transformers in India. Tucson Electric Power (TEP), an electric utility, contracted with Crompt

776 F.Supp.2d 375 (2011) CROMPTON GREAVES, LTD., Plaintiff, v. SHIPPERS STEVEDORING COMPANY, Defendant. Civil Action No. H-08-1774. United States District Court, S.D. Texas, Houston Division. March 9, 2011. *378 Dana Keith Martin, Sara Marie Banks, Hill Rivkins LLP, Houston, TX, for Plaintiff. Bernard H. Ticer, Baldwin Has

MEMORANDUM DECISION RE CROSS MOTIONS FOR SUMMARY JUDGMENT (DOCS. 430, 435, 446, 474, 477) OLIVER W. WANGER, District Judge. TABLE OF CONTENTS I. INTRODUCTION.............................................................812 II. BACKGROUND .............................................................813 A. The Listed Species.................