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Bob Blake Builders v. Gramling
Foreign corporation is entitled to assert mechanic's lien against property located in Colorado.
Real Property May 6, 2001
In the Matter of D.S.L.
Mother may not seek to terminate parent-child relationship of father unless stepparent adoption is pending.
Family Law May 6, 2001
Pizza Hut v. Industrial Claim Appeals Office
Administrative law judge has discretion to determine claimant's average weekly wage for impairment benefits.
Workers' Compensation May 6, 2001
State v. Krajeski
Landlord and mother entering apartment own on initiative and informing police of stolen property, not acting as agents of state conducting illegal search.
Criminal Law and Procedure May 6, 2001
Retired Employees Counsel of Washington v. State & Dept. of Retirement Systems
Retired employees must demand cost of living adjustment within three years of denial.
Employment Law May 6, 2001
Bremerton Public Safety Assoc. v. City of Bremerton
City has discretion in determining whether or not to pay for retirees' Medicare B premiums.
Employment Law May 6, 2001
Stroh Brewery Company v. Dept. of Revenue
Tax exemption for direct seller who sells to wholesalers valid only if products are never resold in retail store.
Taxation May 6, 2001
Castro-Cortez v. INS
Federal law permitting deportation does not apply to aliens who illegally re-entered United States before April 1, 1997.
Immigration May 6, 2001
U.S. v. Crawford
Conviction of mail fraud only requires proof of defendant's knowledge that she did not personally own property obtained by fraud.
Criminal Law and Procedure May 6, 2001
Depetris v. Kuykendall
Excluding wife's testimony concerning her belief that she was in imminent danger when she killed her husband is prejudicial.
Criminal Law and Procedure May 6, 2001
In re. Wolf
Court errs in instructing jury that outpatient facility must agree to accept patient before court can order less restrictive alternative treatment program.
Criminal Law and Procedure May 6, 2001
Hollins v. Delta Airlines
Employer has no vicarious liability for its employee's alleged discrimination where no complaint about conduct is made.
Employment Law May 6, 2001
Ballard v. Muskogee Regional Medical Center
Employee's free speech rights aren't violated by termination from employment, because termination would have occurred solely based on poor performance.
Civil Rights May 6, 2001
Rekstad v. First Bank System, Inc.
Grant of summary judgment on ERISA claim does not qualify as final decision when court remands to plan administrator question of damages.
Civil Procedure May 6, 2001
U.S. v. Castaneda
Vulnerable-victim sentence enhancement isn't appropriate where factors that make victim vulnerable are usual for victims of offense.
Criminal Law and Procedure May 6, 2001
U.S. v. Taylor
Defendant convicted of transporting minor for purposes of prostitution need not know victim was minor.
Criminal Law and Procedure May 6, 2001
Fink v. Gomez
Attorney's reckless misstatements of law and fact, when coupled with improper purpose, are sanctionable under court's inherent power.
Attorneys May 6, 2001
Flowers v. Walter
Prohibition against forced administration of drugs to criminal defendant is new constitutional rule that may be retroactively applied in habeas proceeding.
Criminal Law and Procedure May 6, 2001
Pacific Fisheries Corp. v. HIH Casualty & General Insurance, Ltd.
Breach of trading warranty renders insurance policy void even if claimed loss was not caused by breach.
Insurance May 6, 2001
A&M Records v. Napster Inc.
Napster is liable for vicarious copyright infringement for failure to police illegal uses of material by visitors to its Web site.
Intellectual Property May 6, 2001
Sorenson v. Mink
Cost of living adjustment to award of attorney fees should be computed according to consumer price index for same year work completed.
Civil Procedure May 6, 2001
Humphrey v. Memorial Hospitals Assn.
Employer may be liable for refusing to allow medical transcriptionist with obsessive compulsive disorder to work from home.
Employment Law May 6, 2001
City of Los Angeles v. U.S. Federal Aviation Administration
Federal appeals court does not have jurisdiction to hear original action by city against FAA challenging revenue-use policy.
Civil Procedure May 6, 2001
Myers v. Phillip Morris Companies Inc.
Order
May 6, 2001
Young v Teti
Case law doesn't permit plaintiff to have offset to damage award reduced for attorney fees.
Insurance May 6, 2001
People v. Covington
Photograph of victim's injury taken by physician's assistant at request of police are not protected by privilege, but are medical testimony.
Criminal Law and Procedure May 6, 2001
Town of Erie v. Eason
Semi-trailers used for public storage are 'structures' within purview of Uniform Building Code even if not affixed to land.
Real Property May 6, 2001
City of Arvada v. Colorado Intergovernmental Risk Sharing Agency
Self-insurance pools don't qualify as 'insurers' for purposes of the Colorado Intergovernmental Risk Sharing Agency.
Insurance May 6, 2001
Wurzbach v. City of Tacoma
Accomodated employee whose disability subsides must formally notify employer of change in disability if employee desires job that disability would have precluded.
Employment Law May 6, 2001
Northwest Ecosystem Alliance v. Washington Forest Practices Board
Under Administrative Procedure Act, court has authority to review validity of agency's existing regulations.
Administrative Agencies May 6, 2001