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Miera v. Dairyland Insurance Co.
Imposition of sanctions for failing to cite case on collateral source rule is inappropriate.
Attorneys May 12, 1998
Cragg v. City of Osawatomie
City fails to establish that fired police chief's political speech was disruptive.
Constitutional Law May 12, 1998
Broyles v. Director Office of Workers' Compensation Programs
Jurisdiction for claim under Black Lung Benefits Act is appropriate only where harmful exposure occurred.
Workers' Compensation May 12, 1998
U.S. v. Pena
Defendant's consent to search motel room for drugs includes space above bathroom ceiling.
Criminal Law and Procedure May 12, 1998
Lopez v. Maxwell
Order
Prisoners Rights May 12, 1998
U.S. v. Deters
Court's commitment of defendant to determine competency to stand trial doesn't violate due process.
Criminal Law and Procedure May 8, 1998
Bankruptcy of Cray Computer Corporation
Order
Bankruptcy May 7, 1998
Barney v. Pulsipher
County isn't liable for jailer's sexual assault of inmate absent evidence of inadequate training.
Civil Rights May 7, 1998
Robertson v. United States
Order
Civil Rights May 7, 1998
In re Special Grand Jury 89-2
Request for grand jury testimony must be evaluated on witness-by-witness basis after in camera review.
Civil Procedure May 7, 1998
Hmielewski v. Maricopa County
Attorneys sanctioned for failing to disclose agreement that turned proceedings into virtual mock trial.
Attorneys May 7, 1998
Sharper Image Corp. v. Arizona Department of Revenue
Legislature's definition of use tax encompasses an out-of-state company's distribution of catalogs in Arizona.
Taxation May 7, 1998
Rascon v. U S West Communications Inc.
Statements for Social Security disability benefits do not judicially estop claim under Americans With Disabilities Act.
Employment Law May 7, 1998
Davis v. United States Postal Service
Actual or desired termination from employment isn't necessary to maintain hostile work environment claim.
Employment Law May 7, 1998
Harwick v. Anderson
Order
Prisoners Rights May 7, 1998
Bankruptcy of Cray Computer Corporation
Order
Bankruptcy May 7, 1998
Russell v. Royal Maccabees Life Insurance Co.
Despite finding of legal fraud, insurance company must demonstrate actual fraud to rescind policy contract.
Insurance May 7, 1998
Samaritan Health System v. Caldwell
Hospital may pursue decedent's community assets transferred to spouse, but not her separate property.
Probate and Trusts May 7, 1998
People v. Maxich
Defendant's release from liability obtained in civil action doesn't limit trial court's authority to order restitution.
Criminal Law and Procedure May 6, 1998
U.S. v. Gallegos
Successive habeas petition is unauthorized without showing required by Antiterrorism and Effective Death Penalty Act.
Criminal Law and Procedure May 6, 1998
U.S. v. Wynn
Order
Criminal Law and Procedure May 6, 1998
U.S. v. Galindo-Gonzales
Defendant fails to establish roadblock to check licenses was pretext to search for undocumented aliens.
Criminal Law and Procedure May 6, 1998
Wagnon v. State Farm Fire and Casualty Company
Order
Insurance May 6, 1998
Kallage v. Alvidrez
County isn't immune from suit for accident caused by horses which escaped after snowplow's operation.
Government May 6, 1998
People v. Hoefer
Defendant's sentence for marijuana convictions aren't subject to extraordinary risk of harm sentencing enhancement.
Criminal Law and Procedure May 6, 1998
W.W.G. Corporation v. Hughes
Common-law doctrine of retaliatory eviction isn't defense to unlawful detainer action.
Real Property May 6, 1998
Marriage of Monteil
Best interests of children is proper standard in determining child custody in dissolution action.
Family Law May 6, 1998
Pilgrim Rest Baptist Church Inc. v. Property Tax Administrator
Religious organization's use of property once during tax year is sufficient to qualify for property tax exemption.
Taxation May 6, 1998
U.S. v. Dunson
Defendant's failure to proffer any facts establishing witness's prior shoplifting conviction involved deceit precludes impeachment.
Criminal Law and Procedure May 6, 1998
Swendra v. Beida
Order
Criminal Law and Procedure May 6, 1998