| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-0202
|
State v. Murray
Legislature may not retroactively overturn court decision making certain defendants eligible for parole. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-0622
|
State v. Brown
Driving on a suspended license is not a lesser included offense to Aggravated DUI when it is not included in the indictment. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-0113
|
Aranda v. Industrial Commission of Arizona
Legislature may suspend worker's compensation benefits to inmates whose benefits award and incarceration occurred before effective date of statute. |
Workers' Compensation |
|
Jul. 15, 1999 | |
|
97-56590 and 98-55673
|
Commodity Futures Trading Commission v. Topworth International Ltd.
Commodity Futures Trading Commission can regulate trades involving both foreign currency and precious metals. |
Securities |
|
Jul. 15, 1999 | |
|
98-50157
|
United States of America v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-15693
|
Olson v. Morris
Legal and factual issues that are or can be litigated before state licensing board can't be relitigated in federal court due to res judicata. |
Civil Procedure |
|
Jul. 15, 1999 | |
|
98-0361
|
Stoecker v. Brush Wellman Inc.
Doctrine of exclusivity doesn't bar contract action based on employer's promise of benefits beyond those provided by workers' compensation. |
Workers' Compensation |
|
Jul. 15, 1999 | |
|
98-0218
|
Monaco v. HealthPartners of Southern Arizona
Evidence of long-term physical illness or mental disturbance is sufficient to support a claim of negligent infliction of emotional distress. |
Torts |
|
Jul. 15, 1999 | |
|
97-16204 and 97-16240
|
Janas v. McCracken
Circumstantial evidence of deliberate misconduct must be factually pleaded in detail to prevail under Private Securities Litigation Reform Act. |
Securities |
|
Jul. 15, 1999 | |
|
98-0445
|
Taylor v. Travelers Indemnity Co.
Where claimant is named insured, Underinsured Motorist claim cannot be denied because she was already paid under liability portion of policy. |
Insurance |
|
Jul. 15, 1999 | |
|
97-1893
|
Parker v. Ratelle
Order |
|
Jul. 15, 1999 | ||
|
97-1893
|
Parker v. Ratelle
Order |
|
Jul. 15, 1999 | ||
|
95-17195
|
George v. Camacho
Order |
|
Jul. 15, 1999 | ||
|
96-55755
|
Naddi v. Hill
Order |
|
Jul. 15, 1999 | ||
|
B098009
|
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
G015449
|
Don Jose's Restaurant Inc. v. Truck Insurance Exchange
One final judgment rule precludes appeal of some claims with remaining claims left for trial. |
Civil Procedure |
|
Jul. 15, 1999 | |
|
95-99022
|
Poland v. Stewart
Order |
|
Jul. 15, 1999 | ||
|
D022653
|
Jacobs v. Universal Development Corporation
In pari delicto defense isn't applicable where discharged employee acquiesced in employer's illegal conduct |
Torts |
|
Jul. 15, 1999 | |
|
G020013
|
Marriage of Whealon
Non-custodial father has burden to challenge custody arrangement where wife intends to relocate |
Family Law |
|
Jul. 15, 1999 | |
|
C022987
|
Hardin Oldsmobile v. New Motor Vehicle Board (American Honda Motor Co., Inc.)
New Motor Vehicle Board lacks jurisdiction over civil action by auto dealer against manufacturer. |
Administrative Agencies |
|
Jul. 15, 1999 | |
|
C024537
|
Ready Transportation Inc. v. WCAB
Workers' compensation claim is barred after trial court action is dismissed with prejudice. |
Workers' Compensation |
|
Jul. 15, 1999 | |
|
B104347
|
Bonshire v. Thompson
Arbitrator exceeds powers by admitting extrinsic evidence in contravention of integration clause in contract. |
Contracts |
|
Jul. 15, 1999 | |
|
B093527
|
Garg v. People
Litigation expenses awarded to taxpayer are not subject to offset by state against taxes owed. |
Taxation |
|
Jul. 15, 1999 | |
|
B099038
|
Wilmington Liquid Bulk Terminals Inc. v. Somerset Marine Inc.
Personal injury coverage in general liability policy is inapplicable to breach of contract action. |
Insurance |
|
Jul. 15, 1999 | |
|
B101077
|
Diversified Gypsum Corp. v. Perlite Plastering Co. Inc.
Contractor's failure to show substantial compliance with licensing law warrants dismissal of action. |
Contracts |
|
Jul. 15, 1999 | |
|
B091490
|
Contractors Labor Pool Inc. v. Westway Contractors Inc.
Furnisher of labor contributing to public work project is entitled to recover against payment bond. |
Contracts |
|
Jul. 15, 1999 | |
|
A071225
|
People v. Bunn
Statute enlarging limitations for molestation charge doesn't apply to offenses occurring prior to 1988. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
F023652
|
People v. Cardenas
Defendants do not have right to question potential jurors about three strikes law. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
G020021
|
Calcor Space Facility Inc. v. Superior Court (Thiem Industries Inc.)
Subpoena only describing broad categories of documents is unduly burdensome and abuses discovery system. |
Civil Procedure |
|
Jul. 15, 1999 | |
|
G018891
|
Golden Security Thrift & Loan Association v. First American Title Insurance Co.
Title insurance contract warrants the accuracy of property dimensions, not the actual area. |
Insurance |
|
Jul. 15, 1999 |