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Name Category Published
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
Garvey v. Roberts
Order 		Sep. 9, 2001
Utah Association of Counties v. Clinton
Intervenors who demonstrate motion was timely, an interest relating to the property, and that their interest may be impaired, should be allowed to intervene. 		Civil Procedure Sep. 9, 2001
U.S. v. Holder
Evidence supports jury's finding that defendant killed landowner while owner was assisting federal employee who was engaged in performing official duties. 		Criminal Law and Procedure Sep. 9, 2001
Forrester v. American Dieselelectric Inc.
Federal railroad act pre-empts state's products liability claim despite act's absence of definition of 'locomotive crane'. 		Constitutional Law Sep. 9, 2001
U.S. v. Sullivan
Amended sentencing guidelines do not violate ex post facto clause. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Prentiss
Court must determine if indictment which omitted Indian status of victim and defendant was harmless error. 		Native American Affairs Sep. 9, 2001
National Environmental Service v. Ronan Engineering Company
Court properly instructed jury to consider parties' objective intent in determining whether valid contract was formed. 		Contracts Sep. 9, 2001
Nichols v. Azteca Restaurant Enterprises Inc.
Male employee who is repeatedly taunted by co-workers for effeminate behavior has suffered sexual harassment. 		Employment Law Sep. 9, 2001
Watts v. County of Sacramento
Summary judgment in favor of government was improper where officers searched third-party home for suspect based on anonymous tip. 		Civil Rights Sep. 9, 2001
Table Bluff Reservation v. Philip Morris Inc.
Settlement agreement between Philip Morris and Indian tribes does not violate tribe's sovereignty or equal protection. 		Native American Affairs Sep. 9, 2001
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