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Tinkle v. Oklahoma Gas & Electric Company
Order
Jul. 10, 2001
U.S. v. Sisneros
Order
Jul. 10, 2001
Pack v. Kings County Dept. of Human Services
Juvenile court may withhold records of deceased child if release would harm interests of other child.
Juveniles Jul. 10, 2001
Valdez v. Clayton Industries
Jul. 10, 2001
Schwartz v. State Farm Fire and Casualty Company
Jul. 10, 2001
State of Arizona v. Sansing
Among other things, defendant's challenge to sentencing court's finding of aggravating and mitigating factors is without merit.
Criminal Law and Procedure Jul. 10, 2001
People v. Vasquez
Review granted
Jul. 10, 2001
Katz v. City of Aurora
Order
Jul. 10, 2001
Farrell v. Keys
Order
Jul. 10, 2001
Dobson v. City and County of Denver
Order
Jul. 10, 2001
Pfahl v. Synthes (USA)
Order
Jul. 10, 2001
Van Buskirk v. Baldwin
Statute establishes due diligence predicate to actual innocence claims, thus, procedural default that could've been discovered through due diligence cannot be excused.
Criminal Law and Procedure Jul. 9, 2001
Lorillard Tobacco Co. v. Reilly
Massachusetts's regulations governing cigarette advertising pre-empted by federal statute and its regulations prohibiting outdoor advertising within 1000 feet of school violate First Amendment.
Constitutional Law Jul. 9, 2001
Palazzolo v. Rhode Island
Takings claim challenging land-use regulation not ripe unless agency that implements regulation has reached final decision regarding property at issue.
Constitutional Law Jul. 9, 2001
Tyler v. Cain
Law passed after prisoner's conviction does not justify second habeas petition because Supreme Court did not hold that law was retroactive.
Criminal Law and Procedure Jul. 9, 2001
Zadvydas v. Davis
Detention of alien ordered removed may exceed 90-day statutory limit for reasonable time, presumably six months.
Immigration Jul. 9, 2001
Liberty Mutual Insurance Co. v. Tripp
Insured's failure to give notice to insurer of settlement with tortfeasor won't reduce insurer's obligation unless it can show it was prejudiced.
Insurance Jul. 9, 2001
State v. Williams
Term 'mental health' as used in criminal harassment statute is unconstitutionally vague and overbroad.
Criminal Law and Procedure Jul. 9, 2001
Skamania County v. Columbia River Gorge Commission
Under land-use ordinance, river gorge commission failed to timely challenge county's approval of building application in scenic area.
Civil Procedure Jul. 9, 2001
Charfauros v. Board of Elections
Amended opinion
Jul. 9, 2001
Snukal v. Flightways Manufacturing Inc.
Contract between corporation and person binds corporation even if officer lacked authority to do so, provided other party not aware of lack of authority.
Contracts Jul. 9, 2001
Snukal v. Flightways Manufacturing Inc.
By statute, signatures of two corporate officers are necessary to bind corporation to lease.
Corporations Jul. 9, 2001
Souders v. Philip Morris Inc.
Order
Jul. 9, 2001
B.G.'s Inc. v. Gross
Solatium awards are not subject to reduction by operation of state's comparative negligence or pro-rata liability statues.
Torts Jul. 9, 2001
Holliday v. Bestop, Inc.
Claimant is not entitled to statutory penalties where she fails to preserve for appeal issue of whether her employer violated lawful order of director or panel.
Workers' Compensation Jul. 9, 2001
U.S. v. Gillett
Employee of armored car service, which transported bank's night deposit bags, has sufficient connection with bank to justify embezzlement charge.
Criminal Law and Procedure Jul. 9, 2001
Finn v. State of New Mexico
Government employee's public criticism of government official was matter of public concern, and official does not have qualified immunity from suit.
Civil Rights Jul. 9, 2001
Massie v. Woodford
Journalist unable to show that prisoner is incompetent lacks standing to file next friend petition to stay execution.
Criminal Law and Procedure Jul. 9, 2001
Colantuno v. A. Tenenbaum & Co.
Joint debtor's proportionate share of indebtedness under Joint Rights and Obligations Act should be calculated on per capita basis.
Contracts Jul. 9, 2001
U.S. v. Neal
Court didn't err basing sentence departure on defendant's previous child molestation, though guideline doesn't list it as specific-offense characteristic.
Criminal Law and Procedure Jul. 9, 2001