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Name Category Published
Personal Restraint Petition of Fawcett
Defendant was not prejudiced by incorrect information regarding his minimum obligation to serve community placement.
Criminal Law and Procedure Sep. 23, 2002
In re C.W.
Hospital must refer allegedly mentally ill person to county agency within six hours.
Civil Rights Sep. 23, 2002
Medina v. Public Utility District No. 1
Plaintiff must wait 60 days before filing personal injury claim against county in trial court.
Torts Sep. 23, 2002
Montana Right to Life Assn. v. Eddleman
Two challenged provisions in Montana's Initiative 118, regarding campaign finance reform, do not violate First Amendment.
Constitutional Law Sep. 23, 2002
S.H.C. v. Lu
Temple is not vicariously liable for sexual misconduct of leader.
Constitutional Law Sep. 23, 2002
Brown v. Labor Ready Northwest
Labor agency is not vicariously liable for negligence of worker under 'borrowed servant' doctrine.
Torts Sep. 23, 2002
People v. Ashburn
Police were entitled to impound car for expired registration even though defendant had registered car day before.
Criminal Law and Procedure Sep. 22, 2002
People v. Martinez
Special offender statute does not determine length of habitual offender sentence.
Criminal Law and Procedure Sep. 22, 2002
People v. Bonilla-Garcia
Court of appeals lacked authority to stay or withdraw mandate once petition for certiorari is denied.
Criminal Law and Procedure Sep. 22, 2002
Regents of University of Colorado v. Harbert Construction Co.
Where contract precludes certain claims, plaintiff is barred from asserting the claims.
Contracts Sep. 22, 2002
People v. Ambos
Claims not included in initial postconviction motion are precluded by statute of limitations.
Criminal Law and Procedure Sep. 22, 2002
In the Matter of Ethel Mae Schlagel Trust
Where trustee has broad powers to manage trust, powers included revocation of trust.
Probate and Trusts Sep. 22, 2002
People v. Trupp
In attorney disciplinary proceeding, presiding disciplinary judge has exclusive authority over sanctions motion.
Attorneys Sep. 22, 2002
Vanderbeek v. Vernon Corp.
Court clarifies proper test for assessing consequential damages arising from economic tort.
Torts Sep. 22, 2002
Erbe v. Colorado Department of Revenue
Denial of request to reschedule revocation hearing improperly deprived licensee her right to counsel.
Administrative Agencies Sep. 22, 2002
U.S. v. Tucker
Search of parolee's home and computer based on tip from citizen-informant is reasonable under Fourth Amendment.
Criminal Law and Procedure Sep. 22, 2002
Brown v. Millard County
Order
Sep. 22, 2002
Sticka v. Lambert (In re Lambert)
Tax relief check should be prorated according to petition date rather than paid to trustee based on tax year prior to bankruptcy.
Bankruptcy Sep. 22, 2002
Eskanos & Aldler v. Roman (In re Roman)
Five dollars debtor spent traveling to her attorney's office constitutes actual damages.
Bankruptcy Sep. 22, 2002
Lopez v. Specialty Restaurants Corp. (In re Lopez)
Bankruptcy court abused its discretion in failing to reopen case where debtor failed to list sexual harassment cause of action as asset.
Bankruptcy Sep. 22, 2002
Paine v. Griffin (In re Paine)
Final judgment of nondischargeability rendered by bankruptcy courts is preclusive in subsequent bankruptcy case.
Bankruptcy Sep. 22, 2002
Arneson v. Farmers Insurance Exchange (In re Arneson)
Party challenging judgment in underlying bankruptcy case that was eventually dismissed must seek to vacate judgment.
Bankruptcy Sep. 22, 2002
El Paso Properties Corp. v. Gonzales (In re Furr's Supermarkets Inc.)
Only prorated portion of lease obligation may be assessed against estate in bankruptcy case.
Bankruptcy Sep. 22, 2002
Utahns for Better Transportation v. U.S. Dept. of Transportation
Federal agencies failed to consider impact of expanded transit system to wildlife in and around Great Salt Lake.
Environmental Law Sep. 22, 2002
Lantec Inc. v. Novell Inc.
Plaintiff didn't produce sufficient evidence to support inference of conspiracy to monopolize.
Antitrust Sep. 22, 2002
San Diego Watercrafts Inc. v. Wells Fargo Bank, N.A.
In granting summary judgment in favor of defendant, court erred in considering evidence first submitted in defendant's reply papers.
Civil Procedure Sep. 22, 2002
In the Matter of the Application for Water Rights of Double RL Co.
Water court may not cancel conditional water right without first giving owner notice of its cancellation.
Real Property Sep. 22, 2002
People v. Triantos
Officer may arrest offender who commits petty offense in his presence and then release at his discretion.
Criminal Law and Procedure Sep. 22, 2002
U.S. v. Molina-Barajas
Order
Sep. 22, 2002
Southern California Edison Co. v. Lynch
Order
Sep. 22, 2002