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Cochran Investment Co. Inc. v. Bank of America
Delayed discovery of bank's liability for taking negotiated instrument from fiduciary will not be barred by statute of limitations.
Banking Sep. 24, 2002
People v. Jones
Requirement that defendant register as sex offender following conviction for oral copulation with minor does not violate equal protection guarantee.
Criminal Law and Procedure Sep. 24, 2002
Grain Dealers Mutual Insurance Co. v. Farmers Alliance Mutual Insurance Co.
Transportation of fly ash operation on homeowners' property falls within 'business pursuit exclusion' of homeowners' insurance policy.
Contracts Sep. 24, 2002
Herrick v. Garvey
Court properly found corporation owns documents for purposes of trade secret exemption to Freedom of Information Act.
Government Sep. 24, 2002
Borden v. City of Olympia
Owner whose property was flooded may sue city for negligence under duty of due care.
Real Property Sep. 24, 2002
Smith v. Behr Process Corp.
Trial court properly certified class in lawsuit against corporation that manufactures products for wood treatment.
Civil Procedure Sep. 24, 2002
City of Burien v. Central Puget Sound Growth Management
City did not violate Growth Management Act by entering into interlocal agreement during negotiations closed to public.
Real Property Sep. 24, 2002
State v. Brooks
Assaults on two individuals during burglary did not constitute two distinct acts of first-degree burglary.
Criminal Law and Procedure Sep. 24, 2002
Immigrant Assistance Project of the Los Angeles County Federation of Labor v. INS
Reinstatement of preliminary injunction was proper where order was previously vacated on jurisdictional grounds.
Immigration Sep. 24, 2002
Macey v. Allstate Property and Casualty Insurance Co.
Nondiverse citizenship of insurance company's agents requires complaint be heard in state court.
Civil Procedure Sep. 24, 2002
State v. Phelps
Trial court lacks statutory authority to extend statute of limitations.
Criminal Law and Procedure Sep. 24, 2002
Steinacher v. Rojas (In re Steinacher)
Local bankruptcy rule, imposing general prepetition cure requirement, conflicts with Bankruptcy Code and is invalid.
Bankruptcy Sep. 24, 2002
State v. Thues
Prior conviction for possession of drug paraphernalia constitutes prior felony for sentence enhancement purposes.
Criminal Law and Procedure Sep. 24, 2002
State v. Helmer
Failure to register as sex offender is continuing offense eligible for greater punishment.
Criminal Law and Procedure Sep. 24, 2002
Rashedi v. General Board of Church of the Nazarene
Court has subject matter jurisdiction to hear action in tort against church.
Civil Procedure Sep. 24, 2002
Better Homes Construction Inc. v. Goldwater
Registrar of Contractors properly revoked contractor's license because person named on license had licensed revoked in another state.
Administrative Agencies Sep. 24, 2002
The Alary Corp. v. Sims (In re Associated Vintage Group Inc.)
Confirmation of Chapter 11 liquidating plan does not prevent disbursing agent from objecting to creditor's security interest as avoidable preference.
Bankruptcy Sep. 24, 2002
McQuillion v. Duncan
Prison board was required to find 'some evidence' before rescinding prisoner's parole date.
Criminal Law and Procedure Sep. 24, 2002
Dateline Exports, Inc. v. Basic Construction, Inc.
Court lacks authority to issue preliminary injunction freezing debtor's assets where debtor has not defaulted.
Contracts Sep. 24, 2002
People v. Trotter
Sep. 24, 2002
Reid v. Pyle
Promissory note is due and payable if no reasonable effort is made to sell property.
Real Property Sep. 23, 2002
People v. Ovalle
Defendant's protection against double jeopardy is not violated when prosecuted prior to completing original sentence.
Criminal Law and Procedure Sep. 23, 2002
Home Depot USA Inc. v. Pueblo County Board of Commissioners
Items used for business operations are correctly categorized as personal property.
Taxation Sep. 23, 2002
Cinamerica Theatres v. City of Boulder
Tax on admission to theatres did not constitute violation of theatre owners first amendment rights.
Constitutional Law Sep. 23, 2002
Benjamin J. Pomerantz M.D. v. Microsoft Corp.
Indirect purchaser of computer software lacked standing to pursue antitrust action.
Business Law Sep. 23, 2002
People v. Coit
Defendant's right to compel a witness to testify does not trump the right of the witness to avoid self-incrimination.
Criminal Law and Procedure Sep. 23, 2002
Karr v. Williams
Respondent is enjoined from proceeding on any claim without representation of attorney.
Civil Procedure Sep. 23, 2002
City of Longmont v. Henry-Hobbs
Governmental immunity doesn't bar suit against city in wrongful death action where boy drowned in city-built irrigation ditch.
Civil Procedure Sep. 23, 2002
People v. Simpson
Juvenile charged as adult still entitled to special protections concerning waiver of constitutional rights.
Criminal Law and Procedure Sep. 23, 2002
People v. Medina
Trial court's failure to instruct jury on lesser included offense was harmless error.
Criminal Law and Procedure Sep. 23, 2002