| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20281-0
|
Brooks Trust v. Pacific Media LLC
Trial court properly considered arbitration matter settled when party accepted payment of award. |
Civil Procedure |
|
May 14, 2002 | |
|
01-6016
|
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 | |
|
47738-2
|
State v. Gonzales
Trial with biased juror and prosecutorial misconduct requires retrial. |
Criminal Law and Procedure |
|
May 14, 2002 | |
|
20245-3
|
Bates v. City of Richland
Calculation of pension benefits for retired police officers was unlawful. |
Employment Law |
|
May 14, 2002 | |
|
48285-8
|
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 | |
|
99-5130
|
Falvo v. Owasso Independent School District No. I-011
Peer grading among students does not violate right to privacy. |
Constitutional Law |
|
May 14, 2002 | |
|
01-4008
|
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 | |
|
00-3256
|
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 | |
|
01-6213
|
Gibson v. Arnold
Oral settlement agreement is enforceable under judicial admission exception to statute of frauds. |
Contracts |
|
May 14, 2002 | |
|
01-9517
|
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 | |
|
01-0239
|
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 | |
|
01-3360
|
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 | |
|
01CA0605
|
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 | |
|
01SA129
|
In the Matter of Pautler
Court affirms suspension of D.A. who misrepresents himself as public defender to murder suspect. |
Attorneys |
|
May 14, 2002 | |
|
01-1001
|
Opinion of Lockyer
Attorney general grants mayor's request to bring quo warranto action against city council member who moved residence out of city. |
Government |
|
May 14, 2002 | |
|
01-0120
|
Gunnell v. Arizona Public Service Co.
Issue of comparative negligence under Underground Facilities Act should have been determined by jury. |
Torts |
|
May 14, 2002 | |
|
02-306
|
Opinion of Bill Lockyer
Leave is granted to sue in quo warranto to determine if water district director is qualified to hold office. |
Government |
|
May 14, 2002 | |
|
B129601
|
Dart Industries Inc. v. Commercial Union Insurance Co.
Insurer isn't obligated to defend insured in product liability suits where insured does not present proof of terms and conditions of lost policy. |
Insurance |
|
May 14, 2002 | |
|
S086518
|
Dart Industries Inc. v. Commercial Union Insurance Co.
Order |
|
May 14, 2002 | ||
|
S092179
|
People v. Wutzke
Defendant who lives with victims' grandmother as her husband and has grandfather relationship with victim is 'relative' for purposes of probation eligibility. |
Criminal Law and Procedure |
|
May 14, 2002 | |
|
S103132
|
Erik A., a Minor
Order |
|
May 14, 2002 | ||
|
D029586
|
People v. Hurtado
Legislature's failure to define 'predatory' in sexually violent predator statute is harmless error and warrants defendant's committal to hospital. |
Criminal Law and Procedure |
|
May 14, 2002 | |
|
S082112
|
People v. Hurtado
Order |
Criminal Law and Procedure |
|
May 14, 2002 | |
|
S085780
|
People v. Crayton
Order |
|
May 14, 2002 | ||
|
S097765
|
People v. Garcia
Order |
|
May 14, 2002 | ||
|
19668-2
|
State v. Torres
Defendant's right to speedy trial was not violated, but he must be resentenced. |
Criminal Law and Procedure |
|
May 14, 2002 | |
|
00-16874
|
Island Insurance Co. v. Hawaiian Foliage & Landscape Inc.
State and federal governments are intended beneficiaries of surety contract to extent of subcontractor's past due tax obligations. |
Contracts |
|
May 13, 2002 | |
|
01-35222
|
Sorrels v. McKee
Law concerning 'no gift publication' to inmates was not clearly established until unconstitutionality of book prohibition law was upheld on appeal. |
Government |
|
May 13, 2002 | |
|
00-17491
|
Carrington Estate Planning Services v. Reliance Standard Life Insurance Co.
Insurer cannot deny benefits under life insurance policy based on late notice of disability unless it shows it was prejudiced. |
Insurance |
|
May 13, 2002 | |
|
99-56956
|
McGhan v. Rutz (In re McGhan )
State court lacks jurisdiction to determine whether creditor received adequate notice of discharge in bankruptcy proceeding. |
Bankruptcy |
|
May 13, 2002 |
