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   State Courts - Arizona - March 28, 2002

  
Bed Mart, Inc. v. Kelley, 1 CA-CV 01-0275, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, March 28, 2002, Filed
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Overview: Trial court erred when it found bed store's non-compete employment agreement invalid. Bed store had legitimate reasons that buttressed the provisions of the covenant, not least of which was the length of time it took to train new salespeople.

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Bunker's Glass Co. v. Pilkington PLC, 1 CA-CV 01-0046, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, March 28, 2002, Filed
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Overview: Indirect purchasers of glass products had standing to bring antitrust action, for price fixing, against product's manufacturers. Allowing such action best served goals and policies of the state's antitrust constitutional provision and statutes.

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In re Anderson, Supreme Court No. SB-02-0006-D, SUPREME COURT OF ARIZONA, March 28, 2002, Decided , March 28, 2002, Filed
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Overview: Attorney was disbarred, inter alia, where another attorney received a number of "client" referrals from the suspended attorney and was never advised of his suspension, and for settling insurance claims in personal injury suits while suspended.

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In re Gertell, Supreme Court No. SB-02-0016-D, SUPREME COURT OF ARIZONA, March 28, 2002, Decided , March 28, 2002, Filed
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Overview: Attorney was suspended for four months, where he admitted that he misused his trust account by disbursing to himself attorney fees and by allowing the account to become overdrawn.

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In re Hovell, Supreme Court No. SB-02-0020-D, SUPREME COURT OF ARIZONA, March 28, 2002, Decided , March 28, 2002, Filed
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Overview: Suspended attorney was disbarred where he, inter alia, settled personal injury claim without authorization from client, failed to respond to her request for information, and also failed to respond to the state bar's requests for information.

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In re Niemeir, Supreme Court No. SB-01-0194-D, SUPREME COURT OF ARIZONA, March 28, 2002, Decided , March 28, 2002, Filed
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Overview: Attorney was censured and placed on probation for two years with the law office management assistance program when he overdrew his trust account. However, all monies he withdrew were fees ultimately earned and there was no actual client harm.

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In re Sproull, Supreme Court No. SB-02-0004-D, SUPREME COURT OF ARIZONA, March 28, 2002, Decided , March 28, 2002, Filed
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Overview: Lawyer was suspended from practice for five years, with two years' probation with conditions upon reinstatement, for dishonesty, revealing client confidences, using such confidences against former client, and acting without consulting client.

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In re Vice, Supreme Court No. SB-02-0007-D, SUPREME COURT OF ARIZONA, March 28, 2002, Decided , March 28, 2002, Filed
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Overview: Attorney was suspended from practice for six months, after he pled guilty to felony drug offenses, and the supreme court found that he knowingly made a false statement of material fact in connection with the disciplinary matter.

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State v. Flores, 1 CA-CR 01-0280, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, March 28, 2002, Filed
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Overview: Trial court did not err when it suppressed defendant's statements, regarding a drug sale, to arresting officer, and then dismissed the case because, without the statements, no corpus delicti of the charged crimes existed.

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State v. Rosas-Hernandez, 1 CA-CR 01-0153, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 28, 2002, Filed
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Overview: Individual who pled guilty and was sentenced in murder case retained his Fifth Amendment right to refuse to testify in co-murderer's trial during time period in which individual could file an initial petition for post-conviction relief.

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