The main question that we must decide is whether the principles announced in United States v. $227,000 U.S. Currency, 69 F.3d 1491 (9th Cir. 1995), survive the enactment of the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA") (codi- fied at 18 U.S.C. §§ 983, 985 and 28 U.S.C. § 2465). We hold that they do. Accordingly, we reverse the district court's dismissal of a claim for accrued inter

The origins of this case trace back more than sixty years to the height of World War II when the federal government solicited Appellants E.I. DuPont de Nemours & Co., General Electric, Inc., UNC Nuclear Industries, Inc., Atlantic Richfield Co., and Rockwell International Corp., (collectively "Defendants") to operate the Hanford Nuclear Weapons Reservation ("Hanford") in southeastern Washingt

This appeal requires us to analyze the relation between section 301(a) of the Labor Management Relations Act (Taft-Hartley), 29 U.S.C. § 185, which authorizes federal suits to enforce collective bargaining agreements, and the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., the federal minimum-wage and maximumhour law. The plaintiffs represent a class (an "opt-in" class under 29 U.S.C. §

Mohammed Rawoof filed this lawsuit against Texor Petroleum Company ("Texor") alleging that Texor violated the Petroleum Marketing Practices Act ("PMPA") by terminating his gas station's "Marathon" brand motor-fuel franchise without the statutorily required notice and cause. Almost two years into the litigation, on the day discovery was to close, Rawoof brought a motion to substitute plainti

Darrell Rollins challenges an order of the Administrative Review Board affirming the dismissal of a complaint he filed with the Department of Labor, under the whistleblower protection program in 49 U.S.C. § 42121, following the termination of his employment with American Airlines. The Board held that Mr. Rollins' written complaint had not been filed within the ninety-day period following the

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, a

{1} The parties in this real estate development dispute are Concerned Residents of Santa Fe North, Inc. (Residents), Santa Fe Estates, Inc. (Estates), the City of Santa Fe (the City), and Thornburg Companies (Thornburg).

OVERVIEW

{2} A 1996 settlement agreement resolved an action filed in 1996 (the 1996 action) by Residents against the City and Estates to resolve

Defendants-Appellants Joseph P. Nacchio and Robert S. Woodruff, the former Chief Executive Officer and Chief Financial Officer of Qwest Communications International, Inc. ("Qwest"), respectively, appeal the district court's approval of a class action settlement in a securities fraud case. The settlement was negotiated between the Plaintiff-Appellee class, including lead plaintiffs New England

The genesis of this appeal is a contentious Massachusetts divorce. As part of the distribution of marital property, a state court judge assigned a portion of David Geiger's interest in three retirement plans to his (now ex) wife, Karen Leeds. In addition to exhausting his state court appeals of the divorce order, Geiger filed suit in federal court against the retirement plans and their administrat

Fulbright McNeill, Inc. (FMI) appeals the district court's grant of summary judgment in favor of PHL Variable Insurance Company ("PHL"). FMI was the beneficiary of a life insurance policy issued by PHL to Keith McNeill. After McNeill's death, PHL sued FMI seeking rescission and cancellation of the policy, arguing that McNeill misrepresented the state of his health when he applied for insurance

ABB, Inc. ("ABB") appeals the district court's partial grant of summary judgment in favor of Cynthia Howser. ABB also appeals from the district court's order awarding attorneys' fees and costs to Howser. For the reasons that follow, we affirm.

I. BACKGROUND

Cynthia Howser is an hourly employee at ABB's plant in Jefferson City, Missouri. She has received extensive medical treatment

Susanne Atanus filed this action in the district court against her employer, Stephen A. Perry, Administrator of the General Services Administration ("GSA"). Ms. Atanus' complaint alleges that the GSA discriminated against her on the basis of her race, color, religion, gender and national origin, all in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Her com

Linette Metzger has been employed by the State Police as a civilian, or non-sworn employee, since 1985. Metzger had previously filed a lawsuit against the State Police in 1998. In that suit, Metzger alleged, among other things, that the State Police violated her rights under the Illinois Whistleblower Act1 and the First Amendment by retaliating against her for reporting two of her co-workers

This case stems from the termination of an employment relationship between Appellant Amigo Broadcasting, LP ("Amigo") and Appellees Joaquin Garza ("Garza") and Raul Bernal ("Bernal"), and Garza and Bernal's decision to enter into a new employment relationship with Appellee Spanish Broadcasting System, Inc. ("SBS"). Amigo seeks a reversal of the district court's grant of judgment as a matter o

In this appeal, Market Street Mortgage Corporation ("Market Street") contends that the district court erred in certifying a class of persons represented by Edward and Lori Friedman, in which the stated common question of law is whether Market Street violated subsection 8(b) of the Real Estate Settlement Procedures Act of 1974 ("RESPA"), codified at 12 U.S.C. § 2607(b), by requiring loan borro

The primary issue in this appeal is whether the ten-year statute of repose under Section 74.251(b) of the Texas Civil Practices and Remedies Code violates the open courts provision of the Texas Constitution. The trial court granted summary judgment for Appellees Methodist Healthcare System (Methodist), Dr. W.C. Schorlemer, and Dr. Robert Schorlemer (collectively

Physicians) on the basis

This medical malpractice case stems from an operation wherein Appellee Dr. Enrique Benavides, Jr. ("Benavides") performed a vaginal hysterectomy and anterior repair on Appellant Nancy Ortegon ("Ortegon"). The procedure was performed at Mercy Health Systems of Texas ("Mercy Hospital"). During the operation, numerous complications developed and Benavides ultimately had to re-open the sutures to re

Defendant-Appellant City of Garland ("the City") appeals from the district court's order awarding attorney's fees to Plaintiffs-Appellees Roy Dearmore, A.C. Blair, and Marie Combs (collectively "Dearmore"), under 42 U.S.C. § 1988(b). This statute authorizes an award of attorney's fees to a "prevailing party" in an action to enforce the provisions of certain federal statutes, including 42 U.S.C

1 Sheila and Clayton Harper appeal from the district court's entry of summary judgment in favor of Keith H. Evans, M.D.; Gary B. White, M.D.; and Uintah Basin Women's Health (collectively, Defendants). We affirm.

BACKGROUND

2 In Fall 2002, Sheila Harper saw Evans for consultation and evaluation of several health issues, including excessive bleeding and cramping during her menstrua

Plaintiff Nicor Gas Company appeals from the dismissal with prejudice, pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2006)), of its second amended complaint in its action for negligence against defendant Village of Wilmette (Village). The Village has filed a cross-appeal from the denial of its motion to dismiss pursuant to section 2-619 of the Code (73

This original proceeding arises out of Plaintiff Sanctuary House, Inc.' s claims that Defendants Garrison Krause, Silvia Jimenez Krause, and Rancho Pacifico, S.A. failed to convey to it real estate located in Costa Rica as required by the parties' purchase agreement. Sanctuary House brought suit against Defendants in Chaffee County District Court seeking rescission of the parties' contract, damage

This appeal arises from a complaint filed by Appellee/Crossappellant Advanced Control Solutions, Inc. ("ACS") against Appellant/Crossappellee Advanced Environmental Recycling Technologies, Inc. ("AERT") and Orin B. Justice. The complaint averred that AERT, a client of ACS, had hired Justice, a former employee of ACS, in violation of a covenant not to compete. The complaint alleged multiple c

Defendants Secretary of the Navy, Department of the Navy, Secretary of the Department of Commerce, National Marine Fisheries Service (NMFS),1 and two Administrators of the National Oceanographic and Atmospheric Administration (NOAA) appeal the district court's January 3, 2008 order, as modified on January 10, 2008, granting a motion for a preliminary injunction and imposing certain conditions

Investors Vernon Schaaf, Julian Boik, and Alfred Streufert appeal the district court's1 dismissal of their claims against Residential Funding Corporation (RFC) and Heller Financial, Inc. The district court concluded that the investors failed to plead a sufficient causal nexus between their financial losses and the allegedly fraudulent actions of RFC and Heller. Alternatively, the district cour

This appeal principally concerns whether acting Police Chief Robert Henneman ("Henneman"), as a witness testifying at police disciplinary hearings, is absolutely immune from civil liability for offering allegedly perjurious testimony at those hearings. Plaintiff-appellant Dennis Rolon ("Rolon"), a police officer in the town of Wallkill, New York, also alleges that police officer Ari Moskowitz