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McGoffin v. Barnhart
ALJ erred in rejecting opinion of disability insurance applicant's treating physician without seeking additional medical evidence or clarification.
Administrative Agencies May 15, 2002
People v. Darbe
Self-defense instruction is not required to refer to defendant's exposure to domestic violence.
Criminal Law and Procedure May 15, 2002
People v. Barton
Defendant's due process rights were not violated where he was retried after jury failed to agree.
Criminal Law and Procedure May 15, 2002
People v. Belgard
Defendant is not entitled to additional reduction of sentence after trial court reduces mandatory minimum sentence.
Criminal Law and Procedure May 15, 2002
Archer v. Farmer Bros. Co.
Claim for outrageous conduct is not precluded by workers' compensation statute.
Torts May 15, 2002
Leming v. Industrial Claim Appeals Office.
Where occupational disease has not resulted in disability, determination of permanent disability benefits is premature.
Workers' Compensation May 15, 2002
People v. Campbell
Different penalties for use and possession of controlled substances do not violate equal protection requirement.
Criminal Law and Procedure May 15, 2002
School District No. 1 v. Cornish
School district did act arbitrarily or capriciously in terminating teacher for neglect of duty.
Employment Law May 15, 2002
Chevron U.S.A. Inc. v. El-Khoury
Amended opinion
May 15, 2002
Bennet v. Medtronic Inc.
Amended opinion
May 15, 2002
Manduley v. Superior Court (People)
May 15, 2002
Aerojet-General Corp. v. American Excess Insurance Co.
Plaintiff's coverage claims are encompassed within scope of prior judgment.
Civil Procedure May 15, 2002
Peterson v. Groves
Plaintiff is barred from collecting on promissory notes because he did not pursue claim with due diligence.
Civil Procedure May 14, 2002
Cotton v. Kronenberg
Summary judgment on Consumer Protection Act claim is improper when issue of public interest presents material question of fact.
Attorneys May 14, 2002
State v. Tarter
Numerous telephone calls and heavy traffic to hotel room within short period established probable cause to issue search warrant.
Criminal Law and Procedure May 14, 2002
Daines v. Spokane County
Suit for public disclosure of records is dismissed when records had already been produced.
Government May 14, 2002
Brooks Trust v. Pacific Media LLC
Trial court properly considered arbitration matter settled when party accepted payment of award.
Civil Procedure May 14, 2002
Moore v. Schoeman
Habeas petition with unexhausted claims must be dismissed in entirety without prejudice or denied in entirety on merits.
Criminal Law and Procedure May 14, 2002
State v. Gonzales
Trial with biased juror and prosecutorial misconduct requires retrial.
Criminal Law and Procedure May 14, 2002
Bates v. City of Richland
Calculation of pension benefits for retired police officers was unlawful.
Employment Law May 14, 2002
Kleven v. City of Des Moines
Person may sue under public disclosure act even though his counsel made actual request for records.
Civil Procedure May 14, 2002
Falvo v. Owasso Independent School District No. I-011
Peer grading among students does not violate right to privacy.
Constitutional Law May 14, 2002
Moroni Feed Co. v. Mutual Service Casualty Insurance Co.
Umbrella policy's provision that excludes coverage for injury arising out of employment practices is unambiguous.
Insurance May 14, 2002
Caldwell v. Life Insurance Co. of North America
Disability benefits were improperly denied due to administrator's 'arbitrary and capricious' decision.
Insurance May 14, 2002
Gibson v. Arnold
Oral settlement agreement is enforceable under judicial admission exception to statute of frauds.
Contracts May 14, 2002
American Federation of Government Employees v. Federal Labor Relations Authority
Federal Labor Relations Authority properly dismissed union's negotiability appeal for its failure to serve 'head of agency.'
Labor Law May 14, 2002
Douglas Auto & Equipment v. Industrial Commission of Arizona
Employee's delay in reporting injury to employer was excusable and he is not barred from receiving workers' compensation.
Workers' Compensation May 14, 2002
U.S. v. Tush
Defendant's stipulation prior to guilty plea relieved government of proving interstate commerce element of arson.
Criminal Law and Procedure May 14, 2002
John L. Livingston and Westland Marketing Inc. v. U.S. Bank N.A.
Where individual issues predominated, trial court did not err in refusing to certify class action.
Civil Procedure May 14, 2002
In the Matter of Pautler
Court affirms suspension of D.A. who misrepresents himself as public defender to murder suspect.
Attorneys May 14, 2002