| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-1038
|
Sysco Food Services of Seattle Inc. v. Country Harvest Buffet Restaurants Inc. (In re Country Harvest Buffet Restaurants Inc.)
Debtor, as restaurant chain, is subject to provisions of Perishable Agricultural Commodities Act. |
Bankruptcy |
|
Mar. 21, 2000 | |
|
99-1523
|
Vu v. Kendall (In re Vu)
Post-petition appreciation on debtors' residence is estate property without regardless of whether residence as of petition date. |
Bankruptcy |
|
Mar. 21, 2000 | |
|
98-1845
|
AT&T Universal Card Services Corp. v. Pham (In re Pham)
State law determines whether creditor may recover attorney fees via contractual provision for successfully litigating nondischargeability action. |
Bankruptcy |
|
Mar. 21, 2000 | |
|
99-2118
|
U.S. v. Santos-Garcia
Order |
Criminal Law and Procedure |
|
Mar. 21, 2000 | |
|
99-3158
|
Gourley v. McKune
Order |
Criminal Law and Procedure |
|
Mar. 21, 2000 | |
|
99-3296
|
Brunson v. McKune
Order |
Criminal Law and Procedure |
|
Mar. 21, 2000 | |
|
98-0865
|
State v. Woodruff
Trial court has discretion to sentence defendant, who commits new crime while on probation, to intensive probation instead of prison. |
Criminal Law and Procedure |
|
Mar. 20, 2000 | |
|
99-0128
|
McDonald v. City of Prescott
City police department has duty to take action within reasonable time to correct dangerous road condition on state highway. |
Torts |
|
Mar. 20, 2000 | |
|
98-2040
|
U.S. v. Prentiss
District court lacks jurisdiction where the government does not allege or establish the Indian status of the accused or the victim. |
Native American Affairs |
|
Mar. 16, 2000 | |
|
98-70771
|
Varela v. INS
Limitations period for motion to reopen deportation proceeding is equitably tolled where alien is defrauded by person purporting to provide legal representation. |
Immigration |
|
Mar. 16, 2000 | |
|
98-70814
|
Lata v. INS
Asylum may be denied based on isolated criminal incident and discrepancy in petitioner's testimony. |
Immigration |
|
Mar. 16, 2000 | |
|
98SC304
|
Bodaghi v. Department of Natural Resources
Where prima facie case of discrimination is proven and factfinder disbelieves employer's stated lawful purpose, factfinder may infer unlawful discriminatory conduct. |
Employment Law |
|
Mar. 16, 2000 | |
|
99-0161
|
State v. Heartfield
Court lacks power to impose restitution order on defendant found guilty, but insane. |
Criminal Law and Procedure |
|
Mar. 16, 2000 | |
|
S085019
|
People v. Oiknine
Order |
|
Mar. 16, 2000 | ||
|
B127577
|
People v. Oiknine
Charges not listed in detainer are not subject to speedy trial provisions of Interstate Agreement on Detainers. |
Criminal Law and Procedure |
|
Mar. 16, 2000 | |
|
S074192
|
Lavelle v. Bankamerica Corporation Inc.
Order |
|
Mar. 15, 2000 | ||
|
S084984
|
Butts v. Sands
Applying 1995 statute authorizing disciplinary action against architect, based on disciplinary actions against him in other states for 1993 misconduct, is improper. |
Administrative Agencies |
|
Mar. 15, 2000 | |
|
98-8109
|
U.S. v. Engdahl
Order |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
|
97-2099
|
Migneault v. Peck
University officials are immune from equal protection claim when it exists independent of Age Discrimination Employment Act claim. |
Employment Law |
|
Mar. 15, 2000 | |
|
98-6320 and 98-6351
|
U.S. v. McKissick
Evidence that victim who identified accused was under influence of substances when crime transpired doesn't overturn conviction when victim's credibility wasn't suspect. |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
|
98-3222, 98-3233, 98-3279 and 99-3099
|
United Phosphorus LTD v. Midland Fumigant Inc.
Award of attorney fees must be based on evidence of prevailing market rates, not judge's personal knowledge of rates. |
Civil Procedure |
|
Mar. 15, 2000 | |
|
99-3065, 99-3066 and 99-3102
|
Alabama v. U.S. Department of Energy
Federal Circuit has exclusive jurisdiction over appeals under Economic Stabilization Act and Emergency Petroleum Act. |
Civil Procedure |
|
Mar. 15, 2000 | |
|
98-4180
|
Peay v. Bellsouth Medical Assistance Plan
Federal court has jurisdiction over medical plan and third-party administrator in action to determine medical benefits under ERISA. |
Civil Procedure |
|
Mar. 15, 2000 | |
|
98-4072
|
Andersen v. McCotter
Government agency's interest in safely operating sex offender treatment program outweighs intern's interest in publicly commenting on proposed changes to program. |
Constitutional Law |
|
Mar. 15, 2000 | |
|
99-1135
|
Mervin v. Furlong
Order |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
|
S074361
|
People v. Abeyta
Order |
|
Mar. 15, 2000 | ||
|
99-0374
|
Allstate Insurance Co. v. Great American Insurance Co.
Allocating proportionate shares of liability between two insurers should not be favored where 'other-insurance' clauses are reconcilable. |
Insurance |
|
Mar. 15, 2000 | |
|
98-0610
|
Estate of Fogleman
Breach of fiduciary duty exists where attorney, as personal representative of descendant's estate, retains his law firm to represent estate creditors. |
Probate and Trusts |
|
Mar. 15, 2000 | |
|
98-0797
|
State v. Estrada
Defendant, convicted of possession of controlled substance and drug paraphernalia, is entitled to probation, not prison. |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
|
99-0069
|
State v. Gilfillan
Arizona Rape Shield Law is constitutional. |
Criminal Law and Procedure |
|
Mar. 15, 2000 |