|Volume 5, No 4||A Publication of the State Bar of Arizona - February 21, 2006|
Q: My client wrote me a check for an amount that includes fees I've already earned plus advance fees. What do I do with it?
A: Deposit it into your client trust account and then withdraw the portion that already belongs to you. Read Rule 43(d)(2)(b).
Family Court Changes
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State Bar of Arizona
Arizonans Watch Water Case in U.S. Supreme Court
The U.S. Supreme Court will hear arguments today over whether clean-water laws can be enforced in areas where there's barely any water. For Arizona, a ruling could carry far-reaching consequences. Read more.
Justices Tackle Late-Term Abortion Issue
The Supreme Court said today it will consider the constitutionality of banning a type of late-term abortion, teeing up a contentious issue for a newly-constituted court in flux over privacy rights. Read more.
9th Circuit Takes Hard Line on Secret Deals
In a spate of recent opinions, the 9th Circuit takes aim at deals between prosecutors and witnesses that aren't disclosed to defense counsel. Read more.
Wills For Heroes Educational Program Tomorrow!
There's still time to sign up for the Wills for Heroes volunteer training session that takes place from 4-6 p.m. tomorrow at the State Bar office in Phoenix. Read more.
Judge Richard Posner to Speak at ASU
Seventh Circuit Court of Appeals Judge Richard Posner will speak on "judicial autonomy in a hostile political environment" on March 6th at the Great Hall at ASU's College of Law. Read more.
After Fire, Maricopa County Bar To Lease Temporary Space
The Maricopa County Bar is close to signing a lease for temporary office space in downtown Phoenix after fire at its 303 E. Palm Lane building forced the Bar to close its doors on February 1. Read more.
Arizona Court of Appeals
Division One | Division Two
February 14, 2006 – CV 05-0129 – Winn v. Plaza
If a personal representative is appointed more than two years after the decedent's death, can that personal representative prosecute medical negligence and adult abuse claims on behalf of the estate of his late wife? Read opinion.
February 17, 2006 – 2 CA-CV 2005-0073 – McLoughlin Realty v. Pima County
Do the notice and hearing rights in A.R.S. � 11-829 and Pima County Code � 18.91.060(b)(1) or the due process rights afforded under the U.S. and Arizona Constitutions apply to a meeting at which the Pima County Board of Supervisors instructs its staff to request that the Pima County Planning and Zoning Commission begin a rezoning action? Read opinion.
9th Circuit Court of Appeals
February 15, 2006 – No. 04-55036 – Sosa v. DIRECTV, Inc.
Judgment of the district court holding defendant, a satellite television broadcaster, immune from liability under the Noerr-Pennington doctrine and dismissing plaintiffs' complaint is affirmed since RICO does not unambiguously include defendant's presuit demand letters within the scope of conduct it enjoins. Read opinion.
February 14, 2006 – No. 05-10060 – US v. Rutledge
A preliminary injunction seizing the assets of a defendant indicted for mail and wire fraud, and imposing a receivership on a nonprofit corporation he allegedly controlled is vacated since, under applicable law, the corporation's assets would not be subject to criminal forfeiture if defendant was convicted. Read opinion.
Civil Trial Courtroom Series
Learn the nuts and bolts of civil trial in this four-part seminar series. Part 1 takes place March 1, 2006, and focuses on effective opening statements. Read more.
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