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State v. Vanderpool
Substantial compliance is not viable defense for failing to register as sex offender.
Criminal Law and Procedure May 11, 2001
Dept. of Labor and Industries v. DeLozier
Worker who incurs both only and lumbar impairments is entitled to one rating and one disability award.
Workers' Compensation May 11, 2001
McIndoe v. Dept. of Labor and Industries
Worker must be compensated for permanent partial disability even if claim is filed after pension is awarded for unrelated permanent total disability injury.
Workers' Compensation May 11, 2001
Ermine v. City of Spokane
Attorney fees may be awarded to civil plaintiff who recovers only nominal damages.
Attorneys May 11, 2001
Bowers v. Farmers Insurance Exchange
Mold damage to home caused by tenants' indoor marijuana growth operations constitutes vandalism which is covered under homeowner's insurance policy.
Insurance May 11, 2001
Pagnotta v. Beall Trailers of Oregon
State trooper and material damage examiner are qualified to give expert and lay opinions in products liability action.
Torts May 11, 2001
Berger v. Sonneland
Unauthorized disclosure of confidential information related to health care an independent tort theory of recovery.
Torts May 11, 2001
Sanchez v. Gordon (In re Sanchez)
Debtor's attorney doesn't violate automatic stay by collecting fees that bankruptcy court later determines are excessive.
Bankruptcy May 11, 2001
Bunney v. Mitchell
Petition filed in federal court challenging conviction more than one year after enactment of statute of limitations is untimely.
Criminal Law and Procedure May 11, 2001
Moldo v. Blethen (Blethen)
If no specific continuance date is set by end of meeting, meeting of creditors is deemed concluded on last scheduled day of meeting.
Bankruptcy May 11, 2001
Spacone v. Atwood (Atwood)
Retirement account that is valid spendthrift trust and that debtors did not have excessive control of is not property of estate.
Bankruptcy May 11, 2001
State v. Flett
Court errs in ordering 459 months mitigated exceptional sentence to individual convicted on four counts of first-degree assault with a firearm.
Criminal Law and Procedure May 10, 2001
Schwartz v. Douglas
Relation-back doctrine applies to amended complaint when plaintiffs are unaware of defendant's death at time of service of original complaint.
Civil Procedure May 10, 2001
State v. Chapman
Foundation testimony isn't required to admit certified copies of driving record or order revoking driver's license.
Civil Procedure May 10, 2001
Sangster v. Albertson's Inc.
Summary judgment improper where issue of fact exists as to whether sexual harassment altered conditions of employment.
Employment Law May 10, 2001
State v. Read
Defendant cannot be convicted of both second-degree murder and first-degree assault without violating double jeopardy principles.
Criminal Law and Procedure May 10, 2001
State v. Toney
Amended version of sentencing statute does not apply to offenses committed prior to its effective date.
Criminal Law and Procedure May 10, 2001
State v. Todd
State's motion to revoke deferred disposition is timely and gives sufficient notice to juvenile of allegations against him.
Criminal Law and Procedure May 10, 2001
State v. Garza
Inmates' right to counsel is presumptively violated when jail officials seize and examine inmates' legal documents in connection with attempted jail escape.
Criminal Law and Procedure May 10, 2001
City of Indianapolis v. Edmond
Certiorari granted
May 10, 2001
State v. Wilson
Investigation costs are properly included in embezzlement, restitution fine.
Criminal Law and Procedure May 10, 2001
Hall v. Dominican Sisters of Spokane
Physician with nursing, supervisory expertise may testify as to standard of care expected of critical care nurses.
Torts May 10, 2001
State v. Johnston
Attempted second-degree murder conviction does not merge into first-degree robbery conviction.
Criminal Law and Procedure May 10, 2001
Marriage of Pollard
In calculating child support payments, court must impute income to mother who voluntarily quits work to raise children of new marriage.
Family Law May 10, 2001
Murphy v. Shaw
Inmate trained as a law clerk has a First Amendment right to communicate with other inmates.
Prisoners Rights May 10, 2001
Meyer v. Sonrise Management Inc.
In utero workplace injury to child resulting from same transaction as mother's injury is a separate, not derivative injury.
Torts May 10, 2001
Washington v. French
Prosecutorial remarks touching on accused's right to remain silent are subject to 'incurable prejudice analysis.
Criminal Law and Procedure May 10, 2001
State v. Julian
Prosecutor's minimal and unenthusiastic remarks at sentencing constitutionally satisfy State's performance of plea agreement.
Criminal Law and Procedure May 10, 2001
Shaw v. Murphy
Prohibiting inmate from providing legal assistance to fellow inmate is an "exaggerated response" to safety concerns.
Prisoners Rights May 10, 2001
Herman v. Safeco Insurance Co. of America
Insurer is entitled to summary judgment where insured fails to cooperate in investigation of claims as required by policy agreement.
Insurance May 10, 2001