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Name Category Published
Thiessen v. General Electric Capital Corp.
District court abuses discretion in decertifying class and dismissing individual claims of age discrimination.
Employment Law Sep. 10, 2001
Moore v. Marr
Individual convicted of first-degree assault is denied habeas relief based on ineffective assistance of counsel.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Murillo
Evidence of defendant's car rental history admissible to show knowledge that drugs were hidden in car.
Criminal Law and Procedure Sep. 10, 2001
Debbie Reynolds Hotel & Casino Inc. v. Calstar Corp. (In re Debbie Reynolds Hotel & Casino Inc.)
Bankruptcy Code limits standing to seek surcharge to trustee of estate and allows proceeds to be paid directly to party providing benefit.
Bankruptcy Sep. 10, 2001
Hoffman v. Capital Cities/ABC, Inc.
When public figure fails to show that magazine acted with actual malice in publishing altered photograph, magazine is protected by First Amendment.
Constitutional Law Sep. 10, 2001
Turnbull v. Topeka State Hospital
Psychologist makes cognizable claim of sexual harassment occurring at state mental health center.
Civil Procedure Sep. 10, 2001
U.S. v. Sullivan
Applying amended sentencing guidelines to defendant's offenses committed before amendment violates ex post facto clause.
Criminal Law and Procedure Sep. 10, 2001
Drapeau v. Halter
Order
Administrative Agencies Sep. 10, 2001
People v. Solis
Sep. 10, 2001
Professional Engineers in California Government v. State Personnel Board
Sep. 10, 2001
Manterola v. Farmers Insurance Exchange
Insurer's declaratory relief action did not toll limitations period and plaintiff's third-party bad faith claim was time-barred.
Insurance Sep. 10, 2001
Kerr v. Killian
Arizona's income taxing scheme taxing federal employees' mandatory contributions to retirement plans, but not certain state employees' contributions doesn't violate federal law.
Taxation Sep. 10, 2001
Calnimptewa v. Flagstaff Police Department
Qualified immunity for police officers applies when arrested person is released, but not when custody is handed over to another jail custodian.
Torts Sep. 10, 2001
Arizona v. Olcavage (Adair)
Phlebotomists are qualified to draw blood without doctor supervision for DUI purposes.
Criminal Law and Procedure Sep. 10, 2001
Washington Elementary School District No. 6 of Maricopa County v. Maricopa County
School district can only hold one budget override election during fiscal year.
Education Sep. 10, 2001
Arizona Dept. of Revenue v. Dougherty (Estate of Ladewig}
Exhaustion of administrative remedies isn't required for claimant to join class action in tax court.
Taxation Sep. 10, 2001
S. Development Co. v. Pima Capital
Vendor of commercial property must disclose latent defects despite "as is" provision in sales contract.
Contracts Sep. 10, 2001
Albers v. Edelson Technology Partners
Plaintiffs alleged sufficient facts to support direct lawsuit rather than derivative action.
Corporations Sep. 10, 2001
State v. Gross
Statute is unconstitutional, insofar as it allows trial court, rather than jury, to determine defendant's release status for purposes of increasing sentence.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Phelan
Order
Banking Sep. 9, 2001
Juvenile Male v. The Commonwealth of the Northern Mariana Islands
Juvenile transfer statute vesting broad discretionary decision-making power in transfer judge isn't unconstitutionally vague.
Criminal Law and Procedure Sep. 9, 2001
Environmental Protection Information Center v. Simpson Timber Co.
Fish and Wildlife Service did not retain sufficient discretionary control over incidental take permit and reinitiation of consultation is not required.
Environmental Law Sep. 9, 2001
Green v. City of Tucson
Abstention doctrine does not apply to non-parties to state court litigation even though they could have intervened in state court case.
Civil Procedure Sep. 9, 2001
Cooper v. Calderon
First-degree murder conviction stands despite defense attorney's failure to request jury instruction on second-degree murder.
Criminal Law and Procedure Sep. 9, 2001
U.S. v. Lot Numbered One (1) of the Lavaland Annex
Motel owner who did not profit from drug activity on property is entitled to new trial to defend forfeiture action.
Real Property Sep. 9, 2001
Bird v. Glacier Electric Cooperative Inc.
District court cannot recognize tribal court proceeding that included racist and ethnically biased statements.
Native American Affairs Sep. 9, 2001
Lite-On Peripherals Inc. v. Burlington Aire Express Inc.
Consignor of goods was party to contract evidenced by bill of lading with full rights to enforce its terms.
Contracts Sep. 9, 2001
Gomez v. Vernon
Corrections officials retaliated against inmates who utilized legal procedures and court properly imposed sanctions against state's attorneys for acting in bad faith.
Prisoners Rights Sep. 9, 2001
Nathan Kimmel Inc. v. DowElanco
State law claim for intentional interference with prospective economic advantage against pesticide manufacturer is not pre-empted by federal law.
Torts Sep. 9, 2001
State of Utah v. U.S. Department of the Interior
Exemption Four of the Freedom of Information Act protects commercial information contained in Indian leases.
Native American Affairs Sep. 9, 2001