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City of Tucson v. Pima County
Statute requiring consent of proximate municipality before area may incorporate doesn't violate voting rights doctrine of equal protection clause.
Constitutional Law Apr. 3, 2001
Buford v. U.S.
Deferential review is appropriate when appeals court reviews trial court's Sentencing Guideline determination as to whether offender's prior convictions were consolidated.
Criminal Law and Procedure Apr. 3, 2001
Shafer v. South Carolina
Jury must be informed if parole is available in capital cases where death or life imprisonment are only sentencing options.
Criminal Law and Procedure Apr. 3, 2001
Traffix Devices Inc. v. Marketing Displays Inc.
Traffic sign feature that prevents it from falling during heavy wind is functional and is not entitled to trade dress protection.
Intellectual Property Apr. 3, 2001
Circuit City Stores Inc. v. Adams
Workers with employment contracts may be compelled to arbitrate employment disputes under federal law.
Employment Law Apr. 3, 2001
Egelhoff v. Egelhoff
Life insurance policy created under provisions of ERISA is governed by federal law and state law is preempted.
Employment Law Apr. 3, 2001
Ferguson v. City of Charleston
State hospital diagnostic test performed without patient consent and to obtain evidence of drug use for law enforcement purposes is unreasonable search.
Constitutional Law Apr. 3, 2001
In re the Matter of Leon G.
Order
Apr. 3, 2001
Residential Utility Consumer Office v. Arizona Corp. Commission
Arizona Corporation Commission cannot impose rate surcharge based on specific cost increase without first determining utility's fair value base rate.
Administrative Agencies Apr. 3, 2001
Douglass v. Gendron
For purposes of city's weed ordinance, 'developed' property is that which has been modified from its original state for productive use.
Government Apr. 3, 2001
State v. Skiba
Defendant guilty of aggravated offense for driving drunk with restricted license even though she was not in violation of specific restriction.
Criminal Law and Procedure Apr. 3, 2001
Rountree Cotton Co. Inc. v. Commissioner of Internal Revenue
Order
Taxation Apr. 3, 2001
Cook v. Baca
Order
Constitutional Law Apr. 3, 2001
Owens v. U.S.
Order
Government Apr. 3, 2001
Costa v. Desert Palace Inc.
When not supported by evidence, giving mixed-motive instruction on wrongful discharge and discriminatory working conditions claim is reversible error.
Employment Law Apr. 2, 2001
Town of Tortolita v. Napolitano
Court's refusal to grant modification of preliminary injunction does not violate town's due process rights.
Civil Procedure Apr. 2, 2001
A & M Records Inc. v. Napster Inc.
Amended opinion
Apr. 2, 2001
Pichly v. Nortech Waste LLC
Apr. 2, 2001
The Sherwin-Williams Co. v. South Coast Air Quality Management District
South Coast Air Quality Management District complied with law by compiling required studies to support their proposed restrictions on flat paint pollutants.
Environmental Law Apr. 1, 2001
The Sherwin-Williams Co. v. South Coast Air Quality Management District
Apr. 1, 2001
In re Workman
Order
Apr. 1, 2001
Ravelo v. United States
Order
Apr. 1, 2001
Mather v. BancFirst of Muskogee (In re Guthrie)
Transfers made during preference period are not in ordinary course of business where stipulated facts show that debtor engaged in unusual payment activity.
Bankruptcy Mar. 30, 2001
Rupp v. Christensen (In re Christensen)
Summary judgment is appropriate where not precluded by collateral estoppel.
Bankruptcy Mar. 30, 2001
South Willow Creek Garm v. South Willow Creek LLC (In re South Willow Creek Farm)
Before motion to reduce time for hearing to dismiss case may be granted, court must make specific findings based on facts in record.
Bankruptcy Mar. 30, 2001
Pratt v. Tower Day Surgery Center (In re Pratt)
Creditor's statutory liens are avaoidable where they were not entitled to file lien statement under state statute.
Bankruptcy Mar. 30, 2001
Lomes v. Hartford Financial Services Group Inc.
Director is not covered by commercial general liability policy unless acting in capacity as director.
Insurance Mar. 30, 2001
Rosarita Mexican Foods v. The Industrial Commission of Arizona
Administrative law judge erred in awarding non-diagnostic and non-investigatory benefits without proof that employee's condition was medically non-stationary.
Workers' Compensation Mar. 29, 2001
NPI Medical Group v. State Compensation Insurance Fund
Review granted
Mar. 29, 2001
Adams v. Greenpoint Credit Corporation Inc. (In re Earls)
Under Oklahoma law, manufactured home is "vehicle" so that lien on home is perfected by having it noted on title to home.
Bankruptcy Mar. 29, 2001