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Name Category Published
Fiore v. White
Whether a state supreme court decision clarified or changed permitting statute is to be answered by the state supreme court. 		Criminal Law and Procedure Dec. 10, 1999
American Civil Liberties Union v. Johnson
Preliminary injunction is properly granted against state law criminalizing dissemination of harmful material to minors by computer. 		Constitutional Law Dec. 10, 1999
Anaya v. Crossroads Managed Care Systems Inc.
Legitimate but unrelated criminal arrest doesnt give probable cause to detain arrestee to detox facility. 		Civil Rights Dec. 10, 1999
United States v. Hess
Federal law doesn't mandate that gravel is mineral within the meaning of patent reservation. 		Native American Affairs Dec. 10, 1999
U.S. v. Bartsma
Defendant is entitled to presentence notice that court is considering imposing sex offender registration requirement. 		Criminal Law and Procedure Dec. 10, 1999
Odle v. Calderon
Writ of habeas corpus can't be granted where defendant hasn't established by preponderance of evidence facts underlying claims of constitutional error. 		Criminal Law and Procedure Dec. 9, 1999
Witte v. Clark County School District
Under Individuals with Disabilities Education Act, exhaustion of administrative remedies isn't necessary for retrospective damages when new placement was obtained. 		Education Dec. 9, 1999
U.S. v. Stevens
Downward departure from sentencing guideline is warranted only if defendant's conduct significantly differed from conduct of other defendants sentenced under same guideline. 		Criminal Law and Procedure Dec. 9, 1999
CDN Inc. v. Kapes
List of wholesale prices of collectible coins is copyrightable subject matter. 		Intellectual Property Dec. 9, 1999
Charles C., a Minor
Drugs revealed by full-body search of minor, arrested and taken to police station for first-time curfew violation, weren't excluded. 		Juveniles Dec. 9, 1999
Modesto Irrigation District v. Pacific Gas & Electric Co.
Public utility's refusal to provide electricity to power wholesaler isn't anti-competitive and falls within scope of 'Noerr-Pennington' immunity. 		Antitrust Dec. 8, 1999
Wood v. Bright (In re Bright)
Under Washington law, a debtor's prepetition disclaimer of inheritance did not amount to a fraudulent transfer. 		Bankruptcy Dec. 8, 1999
Menk v. Lapaglia (In re Menk)
Debtor lacks standing to appeal an order reopening a bankruptcy case permitting a creditor to prosecute a dischargeability action. 		Bankruptcy Dec. 8, 1999
McDowell v. Calderon
In habeas proceedings alleging ineffective assistance of counsel, district court may limit state's use of defense trial counsel's files. 		Criminal Law and Procedure Dec. 8, 1999
Lowry v. Industrial Commission of Arizona
Worker's average monthly wage includes earnings from concurrent employment, even though he was not concurrently employed on the date of injury. 		Workers' Compensation Dec. 7, 1999
In re the General Adjudication of all Rights to use Water in the Gila River System and Source
Federal reserved water rights extend to groundwater that is not subject to prior appropriation under state law. 		Real Property Dec. 7, 1999
In re Matter of Respondent Z
State Bar Court isn't required to include in imposition of each reproval a requirement that the disciplined attorney attend bar ethics school. 		Attorneys Dec. 7, 1999
In the Matter of Jaurequi
Former attorney isn't required to reimburse bar for sums paid out as result of misconduct before he may file for reinstatement. 		Attorneys Dec. 7, 1999
State v. Garza
Inconsistent findings by trial court does not mandate reversal of guilty verdict. 		Criminal Law and Procedure Dec. 7, 1999
State v. Vera
Automobile stop by police to investigate possible vehicle equipment violation for cracked windshield is constitutional. 		Criminal Law and Procedure Dec. 7, 1999
Herman v. The City of Tucson
Recreational use statute does not limit city's liability for booth worker injured on city property, even though event not sponsored by city. 		Torts Dec. 7, 1999
In the Matter of Duxbury
Attorney's misdemeanor conviction for violating insurance law, which prohibits offer of compensation for referral of clients, only warrants six month suspension. 		Attorneys Dec. 7, 1999
US v. French
Order 		Dec. 6, 1999
U.S. v. Newsham
Under False Claims Act, Strategic Lawsuit Against Public Participation statute applies to counterclaims against plaintiff in qui tam action. 		Government Dec. 3, 1999
U.S. v. Duran
Inconsistencies between indictment and government's proof at trial do not prejudice defendant's substantial rights. 		Criminal Law and Procedure Dec. 3, 1999
Buckles v. King County
Zoning redesignation of private property as residential does not constitute a compensable taking when property has never been used for commercial purposes. 		Government Dec. 3, 1999
U.S. v. Merino
Hazardous waste cleanup, costing tens of thousands of dollars, isn't a 'substantial' expenditure as to warrant a sentence enhancement. 		Criminal Law and Procedure Dec. 3, 1999
Norris v. Sysco Corp.
Failure to offer another position or make reasonable accommodation for injured employee is form of disability discrimination. 		Employment Law Dec. 3, 1999
International Business Machines Corp. v. Bajorek
Covenant not to compete clause in stock options is valid if scope of covenant is limited. 		Contracts Dec. 3, 1999
Gotthardt v. National Railroad Passenger Corp.
In employment discrimination case, district court can award front pay in excess of $300,000 cap of 42 U.S.C. Section 1981a. 		Employment Law Dec. 3, 1999
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