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Bankruptcy of McConville
Remedy for bankrupt debtors incurring secured debt without court authorization is cancellation of transaction.
Bankruptcy May 30, 1997
Keams v. Tempe Technical Institute Inc.
Under Arizona law, school accrediting agency owes no tort duty to students of accredited school.
Torts May 30, 1997
Corkill v. Shalala
Physician can be excluded from Medicare program after failing to meet professionally recognized surgical standard.
Administrative Agencies May 30, 1997
Lambrix v. Singletary
Prisoner with final conviction before 'Espinosa v. Florida' cannot rely on decision in federal habeas proceeding.
Criminal Law and Procedure May 23, 1997
Allyson v. Dept. of Transportation
Public entity has no duty to remedy icy road conditions reasonably apparent to motorists.
Torts May 15, 1997
Crummett v. Miller
Miner forfeits claim by failing to comply with Federal Land Policy and Management Act.
Real Property May 2, 1997
People v. Sohal
Defendant's prior conviction for assault with deadly weapon constitutes strike under three strikes law.
Criminal Law and Procedure May 2, 1997
San Diego Metropolitan Transit Development Board v. Cushman
Owner is entitled to damages for taking based on inability to fully expand retail building.
Real Property May 2, 1997
Prilliman v. United Air Lines Inc.
Employer with knowledge of employee's disability has affirmative duty to inform employee of alternative positions.
Employment Law May 2, 1997
People v. Hood
Computer animation video to portray crime is shown properly to jury to illustrate testimony of experts.
Criminal Law and Procedure May 2, 1997
Hodges v. Yarian
Off-duty deputy sheriff injured after confronting suspected burglar cannot recover damages from building owners.
Torts May 2, 1997
Robinson, Leatham & Nelson Inc. v. Nelson
Failure to prove former director was fiduciary at time of benefit bars shifting burden of proof.
Corporations May 2, 1997
Calvert v. Huckins
Federal claim to public easement is barred by issue preclusion if private easement issue already litigated.
Real Property May 2, 1997
Bankruptcy of Daley's Dump Truck Services Inc.
Summary judgment improper in action to rescind claims prosecution where several theories of rescission are disputed.
Bankruptcy Apr. 28, 1997
Bradley v. Lacy
District attorney has duty to comply with statutory procedure after grand jury has found an accusation.
Criminal Law and Procedure Apr. 23, 1997
Jacobs v. Universal Development Corp.
In pari delicto defense isn't applicable where discharged employee acquiesced in employer's illegal conduct
Torts Apr. 16, 1997
Nordquest v. U.S.
Order
Apr. 3, 1997
People v. Halgren
Felony stalking statute is not unconstitutionally vague or overbroad.
Criminal Law and Procedure Apr. 2, 1997
Petersen v. Greisen
Even absent removal jurisdiction, federal court can impose sanctions for frivolous state suit by ERISA fiduciary.
Labor Law Mar. 26, 1997
Raddavero v. Harry's Hofbrau Catering
Lack of evidence supporting jury verdict for defendant on trade name infringement requires judgment notwithstanding verdict.
Intellectual Property Mar. 12, 1997
Kutch v. State Farm Mutual Automobile Insurance Co.
Insurer that didn't seek review of arbitration award can't raise policy limit as defense to confirmation.
Insurance Jan. 7, 1997
The Colorado State Board of Accountancy v. Zaveral Boosalis Raisch
Accountant-client privilege bars disclosure of client documents in investigation by State Board of Accountancy.
Administrative Agencies Jan. 7, 1997
People v. Swain
Conviction for driving while ability impaired requires control, but not necessarily movement, of vehicle.
Criminal Law and Procedure Jan. 7, 1997
People v. Luu
Absent prejudice, 2 1/2 year delay between sentencing hearing and imposition of sentence isn't unreasonable.
Criminal Law and Procedure Jan. 7, 1997
Board of Commissioners v. Eason
Award of attorney fees to landowner in abusive zoning prosecution is proper.
Civil Rights Jan. 7, 1997
UNUM Life Ins. Co. of Amer. v. Ward
Certiorari granted
Jan. 7, 1997
U.S. v. Ward
Order
Criminal Law and Procedure Jan. 7, 1997
State v. DeCamp
Evidence is properly admitted if found in officer's plain view, its evidentiary value is immediately apparent, and officer is authorized to be there.
Criminal Law and Procedure Jan. 7, 1997
People v. Craig, Jr.
Court may increase sentence for base offense following appeal, if total sentence does not exceed original.
Criminal Law and Procedure Jan. 7, 1997
State v. Thorne
Jury must consist of 8 persons, not 12, for sentences less than 30 years.
Criminal Law and Procedure Jan. 7, 1997