§Why CasetextPricing

USA v. White Plume, et al

MEMORANDUM in Support re MOTION to Vacate 99 Judgment, 98 Order on Motion for Summary Judgment, 101 Judgment, pursuant to Rule 60

17 Cited authorities

  1. Agostini v. Felton

    521 U.S. 203 (1997)   Cited 1,623 times   6 Legal Analyses
    Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"

  2. Horne v. Flores

    557 U.S. 433 (2009)   Cited 672 times
    Holding injunction mandating sweeping changes to Texas's foster care system overly broad

  3. Rufo v. Inmates of Suffolk County Jail

    502 U.S. 367 (1992)   Cited 1,151 times   3 Legal Analyses
    Holding modification of consent decree appropriate under Rule 60(b) when its continuance becomes "unworkable because of unforeseen obstacles"

  4. Nat'l Farmers Union Ins. Cos. v. Crow Tribe

    471 U.S. 845 (1985)   Cited 625 times
    Holding that the examination of the "existence and extent of a tribal court's jurisdiction . . . should be conducted in the first instance in the Tribal Court itself."

  5. United States v. Swift Co.

    286 U.S. 106 (1932)   Cited 1,002 times
    Holding that a court may modify a final or permanent injunction only after a clear showing of grievous wrong evoked by new and unforeseen conditions

  6. Wells Fargo Bank, N.A. v. WMR e-Pin, LLC

    653 F.3d 702 (8th Cir. 2011)   Cited 104 times   1 Legal Analyses
    Holding where the parties submitted issue of misappropriation of trade secrets to arbitration and argued inventorship in their arbitration briefs, the panel could consider the issue of inventorship despite the fact inventorship decisions are reserved exclusively to the United States Patent and Trademark Office

  7. Watkins v. Lundell

    169 F.3d 540 (8th Cir. 1999)   Cited 145 times
    Holding that punitive damage awards must comply with constitutional requirement of due process and that "punitive damages should be roughly proportionate to the enormity or gravity of the offense"

  8. U.S. v. White Plume

    447 F.3d 1067 (8th Cir. 2006)   Cited 49 times
    Holding that the CSA's enforcement against industrial hemp production was rationally related to a legitimate government purpose

  9. Schultz v. Commerce First Financial

    24 F.3d 1023 (8th Cir. 1994)   Cited 22 times
    Analyzing a claim under subsection where the parties did not raise the timeliness issue, but noting that where the essence of the argument is in reality based upon one of the first three enumerated grounds for relief, it is subject to the one-year limitation

  10. Association for Retarded Citizens v. Sinner

    942 F.2d 1235 (8th Cir. 1991)   Cited 25 times
    Holding that district court was required to reconsider injunctive relief after Supreme Court narrowed courts' injunctive jurisdiction

  11. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,621 times   146 Legal Analyses
    Granting relief from the operation of a judgment

  12. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,939 times   80 Legal Analyses
    Defining "marijuana"

  13. Section 812 - Schedules of controlled substances

    21 U.S.C. § 812   Cited 2,815 times   73 Legal Analyses
    Criminalizing heroin