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Judge Whipple's Opinions

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Date
Name
Description
10/25/2002

United States of America v. Melinda S. Zubeck.

Case No. 97-0138-CR-W-DW

 Court rejects Defendant's challenge to the reliability of the PharmCheck sweat patch. Patch was applied and removed properly by qualified individual. PharmChem's report on the testing of the sweat patch is generally reliable evidence from which to determine whether Defendant used methamphetamine. The conditions under which Defendant's expert performed experiments with the sweat patch do not accurately reflect the day-to-day use of the sweat patch and thus, possess little or no probative value in determining whether Defendant's sweat patch was contaminated by an outside source. The United States' motion to revoke Defendant's supervised release is granted. 10-25-2002
2/25/2002 Owner-Operator Independent Drivers Association, INC., and Howard Jenkins, Marshall Johnson, Susan Johnson, and Jerry Vanboetzlaer, individually and on joint behalf of others similarly situated.
v.
New Prime,Inc.,d/b/a Prime ,Inc., and Success Leasing.
Case No. 97-3408-CV-S-1		 Despite Plaintiff's attempt to characterize the requested relief as "disgorgement," the Court holds that the proper section under which to analyze Plaintiff's motion for class certification is Rule 23(b)(3). Common question of law and fact do not predomnate over individual issues and thus, Plaintiff's motion for class certification is denied.
1/22/2002 Owner-Operator Independent Drivers Association, INC., and Howard Jenkins, Marshall Johnson, Susan Johnson, and Jerry VanBoetzlaer, individually and on behalf of all others similarly situated.
v.
New Prime, Inc., d/b/a Prime, Inc., and Success Leasing.
Case No. 97-3408-CV-S-1
 The private right of action arising from a lease terminating prior to the enactment of the ICCTA cannot support a claim under 49 U.S.C. s. 14704. To hold otherwise would create an impermissible retroactive effect under Landgraf v. USI Film Products, 511 U.S. 244 (1994). Court grants Defendant's motion for partial summary judgement. 1/22/2002
12/17/2001

Owner-Operator Independent Drivers Association, INC., and Howard Jenkins, Marshall Johnson, Susan Johnson, and Jerry Vanboetzelaer, individually and on joint behalf of others similarly situated
v.
New Prime Inc.,d/b/a Prime Inc., and Success Leasing.
Case No. 97-3408-CV-S-1

 Court holds that Plaintiffs may assert a private claim pursuant to 49 U.S.C.s. 14704. Supreme Court's holding in Alexander v. Sandoval 531 U.S. 1049 (2001 ) does not require dismissal of Plaintiffs' claims. Court denies Defendant's motion for judgement on the pleadings. 12/17/2001