|Volume 7, No. 24||A Publication of the State Bar of Arizona - November 25, 2008|
Q: May I accept a gift from my client?
A: A simple token gift is permitted, but substantial gifts are problematic. Read Ethics Op. 95-05.
Judicial Retention's Verdict
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State Bar of Arizona
The FDIC unanimously adopted the FDIC staff's recommended modifications to the Temporary Liquidity Guarantee Program. The recommended changes make IOLTA accounts eligible for full insurance coverage. More than 750 comments were submitted, more than half of which urged the FDIC to fully insure IOLTA. Comments are posted on the FDIC website. Read more.
Davis Polk, Cleary, Cravath All Work Overtime to Save Citi
Lawyers from Davis, Polk & Wardwell, Cleary Gottlieb Steen & Hamilton and Cravath, Swaine & Moore worked through the weekend to hammer out a rescue plan for Citigroup under which the government will shoulder losses tied to $306 billion in the bank's bad assets. Read more.
Task Force Report on Lawyer Communication and Regulation
Task Force Report on Consumer Information and Education
Mesa Municipal Court Investiture
YLD Career Highlights Review
Arizona Court of Appeals
Division One | Division Two
November 20, 2008 - CR 07-0448 - State v. Freeney
Did the trial court commit reversible error per se in allowing the state on the first day of trial and before jury selection to amend the indictment to change the theory of the underlying assault charge from "intentionally placing another person in reasonable apprehension of imminent physical injury" to "intentionally, knowingly or recklessly causing any physical injury to another person?" Read more.
November 24, 1008 - 2 CA-CR 2007-0368 State v. Harlow
Did the trial court abuse its discretion in modifying the form of verdict shortly after the jurors had retired to deliberate? Read more.
9th Circuit Court of Appeals
Rouse v. Dost, No. 06-15967
In an action involving an accuracy claim and an access claim under the Privacy Act, motion to dismiss is affirmed where: 1) there is a statute of limitations violation; 2) there is a lack of causation; and 3) the Department of State regulations do not provide a cause of action. Read more.
Cook v. Avi Casino Enterprises, Inc., No. 07-15088
In an action alleging negligence and dram shop liability seeking recovery for damages suffered as a result of a motor vehicle accident in which plaintiff, while on a motorcycle, was hit by a drunk driver who was an employee of defendant-tribal corporation, dismissal of plaintiffs' claims is affirmed where: 1) plaintiff established diversity jurisdiction over the case; but 2) dismissal was proper on grounds of tribal sovereign immunity as tribal immunity protects tribal employees acting in their official capacity and within the scope of their authority. For diversity purposes, a tribal corporation formed under tribal law is not a citizen of a state merely because its incorporation occurred inside that state. Read more.
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