| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-7043
|
Bear v. Boone
State court remedies are exhausted once highest court has decided the same claims made in federal habeas petition. |
Criminal Law and Procedure |
|
Apr. 15, 1999 | |
|
98-5077
|
McNamar v. Apfel
Exclusion of health insurance premium isn't required by statute when reducing amount of social security disability benefits by civil service disability benefits. |
Administrative Agencies |
|
Apr. 15, 1999 | |
|
98-2127
|
U.S. v. Willinger
Order |
Criminal Law and Procedure |
|
Apr. 15, 1999 | |
|
97-0431
|
Webb v. The State of Arizona
Insufficiently detailed request for administrative rehearing constitutes a denial of the rehearing 'on the merits.' |
Administrative Agencies |
|
Apr. 15, 1999 | |
|
98-0109
|
In re Devon G.
Victim's untimely request for restitution doesn't preclude the victim's restitution claim. |
Juveniles |
|
Apr. 15, 1999 | |
|
98-0141
|
Toni W. v. Arizona Department of Economic Security
Arizona Department of Economic Services has no duty to offer reunification services to mother before petitioning for severance. |
Family Law |
|
Apr. 15, 1999 | |
|
98-0325
|
Gray v. The Honorable Irwin
A defendant's second conviction for drug possession doesn't subject him to a prison sentence under an Arizona statute. |
Criminal Law and Procedure |
|
Apr. 15, 1999 | |
|
B114300
|
Martinez v. Vintage Petroleum, Inc.
No liability for negligent oil company when superseding act of third party causes an explosion. |
Torts |
|
Apr. 14, 1999 | |
|
B113282
|
People v. Duz-Mor Diagnostic Laboratory
Paying commissions to marketing contractors violates Unfair Competition Act, but 'unbundled billing' does not. |
Antitrust |
|
Apr. 14, 1999 | |
|
97-55139
|
Nunez v. City of Los Angeles
Los Angeles police officers don't have constitutionally protected property or liberty interests in promotion. |
Government |
|
Apr. 14, 1999 | |
|
97-10312
|
U.S. v. Ordaz
Officers may stop four cars emerging from area where criminal activity is suspected to have occurred. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
B104031
|
Winograd v. American Broadcasting Company
Trial court's interpretation of an agreement stands even when multiple inferences can be drawn. |
Contracts |
|
Apr. 14, 1999 | |
|
F028743
|
Florio v. Lau
Time limit for deficiency judgment following foreclosure sale doesn't apply to mixed collateral creditors. |
Business Law |
|
Apr. 14, 1999 | |
|
B118244
|
Hernandez v. Garcetti
Statute of limitation for negligent third party spoliation suit starts to run upon discovery of actual harm. |
Torts |
|
Apr. 14, 1999 | |
|
C027975
|
Laird v. Capital Cities/ABC Inc.
Parent corporation not liable for employment discrimination by subsidiary unless daily control is exercised. |
Corporations |
|
Apr. 14, 1999 | |
|
B113282
|
People v. Duz-Mor Diagnostic Laboratory Inc.
Paying commissions to marketing contractors violates Unfair Competition Act, but 'unbundled billing' does not. |
Antitrust |
|
Apr. 14, 1999 | |
|
C019165
|
Hughes v. Board of Architectural Examiners
Revocation of architecture license for pre-license misconduct is permissible. |
Administrative Agencies |
|
Apr. 14, 1999 | |
|
B115091
|
LeVine v. Weis
School accepting money from the state is subject to the False Claims Act and is liable for wrongful termination. |
Government |
|
Apr. 14, 1999 | |
|
G023979
|
Laura B. v. Superior Court
Resistance to rehabilitation can be found where parent continues drug use after receiving treatment. |
Family Law |
|
Apr. 14, 1999 | |
|
B114300
|
Martinez v. Vintage Petroleum, Inc.
No liability for negligent oil company when superseding act of third party causes an explosion. |
Torts |
|
Apr. 14, 1999 | |
|
A075459
|
Cruey v. Gannett Co.
Fired employee has no evidence of agreement not to terminate except for good cause. |
Employment Law |
|
Apr. 14, 1999 | |
|
97-16470
|
Robino v. Iranon
State's policy of assigning only female correctional officers to certain posts doesn't violate male guards' rights. |
Labor Law |
|
Apr. 14, 1999 | |
|
96-56549 and 96-56601
|
Wellman v. Writers Guild of America West Inc.
Guild's decision on grievance involves judgment and is neither arbitrary, discriminatory nor reached in bad faith. |
Labor Law |
|
Apr. 14, 1999 | |
|
B113059
|
People v. Atlas
Enhancement for possession for sale near school doesn't require finding of intent to sell near school. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
B111945
|
Birman v. Loeb
Set-off against unsecured deficiency of debt owed by creditor contravenes policy underlying anti-deficiency laws. |
Real Property |
|
Apr. 14, 1999 | |
|
B117162
|
Julia U., a Minor
Court orders denying father reunification services and parental rights deprive him of due process. |
Juveniles |
|
Apr. 14, 1999 | |
|
96-50573
|
U.S. v. Robinson
'Intent to defraud' element of criminal customs statute isn't limited to intent to deprive government of revenue. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
96-36129
|
Moran v. State of Washington
Public employee in policy-making position who refuses to implement official agency policy may be fired. |
Government |
|
Apr. 14, 1999 | |
|
97-35429
|
Bast v. Prudential Insurance Co. of America
Employee Retirement Income Security Act pre-empts state law claims involving denial of health benefits. |
Insurance |
|
Apr. 14, 1999 | |
|
97-15204
|
State of Nebraska v. Bentson
Neither state nor federal courts may restrain Internal Revenue Service from collecting child support arrearages. |
Family Law |
|
Apr. 14, 1999 |
