| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-3009
|
Modesto Irrigation District v. Pacific Gas & Electric Co.
Public utility's refusal to provide electricity to power wholesaler isn't anti-competitive and falls within scope of 'Noerr-Pennington' immunity. |
Antitrust |
|
Dec. 8, 1999 | |
|
98-1867
|
Wood v. Bright (In re Bright)
Under Washington law, a debtor's prepetition disclaimer of inheritance did not amount to a fraudulent transfer. |
Bankruptcy |
|
Dec. 8, 1999 | |
|
98-1816
|
Menk v. Lapaglia (In re Menk)
Debtor lacks standing to appeal an order reopening a bankruptcy case permitting a creditor to prosecute a dischargeability action. |
Bankruptcy |
|
Dec. 8, 1999 | |
|
98-99032
|
McDowell v. Calderon
In habeas proceedings alleging ineffective assistance of counsel, district court may limit state's use of defense trial counsel's files. |
Criminal Law and Procedure |
|
Dec. 8, 1999 | |
|
98-0480
|
Lowry v. Industrial Commission of Arizona
Worker's average monthly wage includes earnings from concurrent employment, even though he was not concurrently employed on the date of injury. |
Workers' Compensation |
|
Dec. 7, 1999 | |
|
90-0001-WC-90-0007-IR
|
In re the General Adjudication of all Rights to use Water in the Gila River System and Source
Federal reserved water rights extend to groundwater that is not subject to prior appropriation under state law. |
Real Property |
|
Dec. 7, 1999 | |
|
96-O-02321
|
In re Matter of Respondent Z
State Bar Court isn't required to include in imposition of each reproval a requirement that the disciplined attorney attend bar ethics school. |
Attorneys |
|
Dec. 7, 1999 | |
|
99-R-10528
|
In the Matter of Jaurequi
Former attorney isn't required to reimburse bar for sums paid out as result of misconduct before he may file for reinstatement. |
Attorneys |
|
Dec. 7, 1999 | |
|
99-0185
|
State v. Garza
Inconsistent findings by trial court does not mandate reversal of guilty verdict. |
Criminal Law and Procedure |
|
Dec. 7, 1999 | |
|
98-0350
|
State v. Vera
Automobile stop by police to investigate possible vehicle equipment violation for cracked windshield is constitutional. |
Criminal Law and Procedure |
|
Dec. 7, 1999 | |
|
99-0064
|
Herman v. The City of Tucson
Recreational use statute does not limit city's liability for booth worker injured on city property, even though event not sponsored by city. |
Torts |
|
Dec. 7, 1999 | |
|
96-C-03132
|
In the Matter of Duxbury
Attorney's misdemeanor conviction for violating insurance law, which prohibits offer of compensation for referral of clients, only warrants six month suspension. |
Attorneys |
|
Dec. 7, 1999 | |
|
99-582
|
US v. French
Order |
|
Dec. 6, 1999 | ||
|
97-16704 and 98-15111
|
U.S. v. Newsham
Under False Claims Act, Strategic Lawsuit Against Public Participation statute applies to counterclaims against plaintiff in qui tam action. |
Government |
|
Dec. 3, 1999 | |
|
98-50116, 98-50205 and 98-50329
|
U.S. v. Duran
Inconsistencies between indictment and government's proof at trial do not prejudice defendant's substantial rights. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-35270
|
Buckles v. King County
Zoning redesignation of private property as residential does not constitute a compensable taking when property has never been used for commercial purposes. |
Government |
|
Dec. 3, 1999 | |
|
98-50037
|
U.S. v. Merino
Hazardous waste cleanup, costing tens of thousands of dollars, isn't a 'substantial' expenditure as to warrant a sentence enhancement. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
97-15404, 97-15447, and 97-16716
|
Norris v. Sysco Corp.
Failure to offer another position or make reasonable accommodation for injured employee is form of disability discrimination. |
Employment Law |
|
Dec. 3, 1999 | |
|
97-16424 and 97-16438
|
International Business Machines Corp. v. Bajorek
Covenant not to compete clause in stock options is valid if scope of covenant is limited. |
Contracts |
|
Dec. 3, 1999 | |
|
98-15072, 98-15074, and 98-15274
|
Gotthardt v. National Railroad Passenger Corp.
In employment discrimination case, district court can award front pay in excess of $300,000 cap of 42 U.S.C. Section 1981a. |
Employment Law |
|
Dec. 3, 1999 | |
|
98-16338
|
Western Parcel Express v. United Parcel Service of America Inc.
Sherman Act claim fails where complainant cannot show that there are significant barriers to entry or expansion in the relevant market. |
Antitrust |
|
Dec. 3, 1999 | |
|
98-35362
|
Wilson v. United States
Order |
|
Dec. 3, 1999 | ||
|
98-35782
|
Vincent v. Apfel
Grace period for surviving spouse's entitlement to benefits applies to widow who was eligible to receive benefits in November 1982. |
Administrative Agencies |
|
Dec. 3, 1999 | |
|
98-71080
|
Defenders of Wildlife v. Browner
Environmental Protection Agency has authority to determine whether strict compliance with state's water-quality standards is necessary. |
Environmental Law |
|
Dec. 3, 1999 | |
|
97-56065
|
Dare v. State of California
Nominal fee for disability parking placards violates the Americans with Disabilities Act. |
Civil Rights |
|
Dec. 3, 1999 | |
|
98-55468
|
Keating v. Hood
Failure to instruct jury on mental state required for securities fraud isn't harmless error. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
96-99020, 96-99025, and 96-99026
|
Lambright v. Stewart
Due process isn't violated when a trial court experiments with the use of dual juries in a capital case. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-56932
|
Yourish v. California Amplifier
Unsupported claim of existence of nonpublic information, inconsistent with defendant's representations, doesn't meet the heightened pleading requirements for fraud. |
Securities |
|
Dec. 3, 1999 | |
|
96-70267
|
Aguirre-Aguirre v. INS
Order |
|
Dec. 3, 1999 | ||
|
98-50609
|
U.S. v. Hayes
Sixth Amendment right to counsel isn't invoked by government's preindictment filing of motion to preserve videotape. |
Criminal Law and Procedure |
|
Dec. 3, 1999 |