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People v. Badura
Extension of commitment as sexually violent predator was warranted despite three-day delay in finding of probable cause.
Civil Procedure Jun. 20, 2002
Gemini Aluminum Corp. v. California Custom Shapes Inc.
Award of attorney fees for bad faith in misappropriation claim is proper.
Civil Procedure Jun. 20, 2002
Sackett v. Santilli
Defendant in civil case may impliedly consent to waive right to jury trial.
Civil Procedure Jun. 20, 2002
JPMorgan Chase Bank v. Traffic Stream (BVI) Infrastructure Ltd.
Corporation organized under laws of British Virgin Islands is citizen or subject of foreign state for purposes of alienage diversity jurisdiction.
Civil Procedure Jun. 18, 2002
Devlin v. Scardelletti
Nonnamed class member who objected to settlement in fairness hearing, may appeal without first intervening.
Civil Procedure Jun. 18, 2002
Franconia Associates v. United States
Repudiation of contract claim involving federally funded home loans is not barred by limitations period.
Civil Procedure Jun. 18, 2002
King v. Snohomish County
County being sued for personal injuries waived defense that plaintiff failed to file claim with clerk of council.
Civil Procedure Jun. 16, 2002
Leaffer v. Zarlengo
Trial court erred in summarily denying party's motion to compel discovery.
Civil Procedure Jun. 12, 2002
City of Thornton v. City and County of Denver
Water court must determine whether to retain jurisdiction until absence of injury to water quality from augmentation plan can be established.
Civil Procedure Jun. 12, 2002
Burchett v. South Denver Windustrial Co.
Trial court abused its discretion by denying parties' motions to postpone deadline for disclosure of expert testimony.
Civil Procedure Jun. 12, 2002
Harmon v. State
One-year deadline to file claim under Industrial Insurance Act is not subject to equitable tolling.
Civil Procedure Jun. 12, 2002
Inquest Into Death of Boston
Superior court is not authorized to review coroner inquest presided over by district court judge.
Civil Procedure Jun. 12, 2002
State v. Golden
Superior court has jurisdiction to grant collateral relief from juvenile disposition.
Civil Procedure Jun. 11, 2002
Bartel v. Zucktriegel
For purposes of garnishment, trial court is authorized to determine amount of wages owed for personal services.
Civil Procedure Jun. 11, 2002
Gray v. Stewart
Personal injury action is barred where party revoked settlement offer after one day of agreeing to settlement terms.
Civil Procedure Jun. 7, 2002
Harvest v. Craig
Statute that requires proof by clear and convincing evidence in certain medial malpractice cases is constitutional.
Civil Procedure Jun. 6, 2002
Weber v. Tucson Electric Power Co.
Trial court correctly applied equitable apportionment rule to employer's lien against plaintiff's settlement in third-party action.
Civil Procedure Jun. 6, 2002
Wallace v. Kuehner
Lawsuit to recover money loaned without written or oral contract is time-barred.
Civil Procedure Jun. 5, 2002
Manius v. Boyd
Timely request for trial de novo accompanied by adequate proof of service is granted.
Civil Procedure Jun. 5, 2002
Bennett v. Medtronic Inc.
Federal court cannot prevent parties from enforcing non-competition agreement in state court.
Civil Procedure Jun. 4, 2002
Fair Housing of Marin v. Combs
Nonprofit community organization promoting equal housing opportunities has standing to sue on grounds of diversion of resources and frustration of mission.
Civil Procedure Jun. 4, 2002
Chevron U.S.A. Inc. v. El-Khoury
Summary judgment is inappropriate because of question of fact as to whether party's underpayment of sales tax is material to franchise relationship.
Civil Procedure Jun. 4, 2002
Christian v. Mattel Inc.
Copyright infringement lawsuit was frivolous, but Rule 11 sanctions must be based on misconduct regarding pleadings, motions and other filings.
Civil Procedure Jun. 4, 2002
Pflum v. U.S.
Order
Civil Procedure Jun. 4, 2002
Kaplan v. Fairway Oaks Homeowners Assn.
Homeowners' association that successfully defended election challenge may recover attorney fees.
Civil Procedure May 23, 2002
Mendez v. Palm Harbor Homes Inc.
Contract to arbitrate dispute may be stricken when costs of arbitration are prohibitive.
Civil Procedure May 20, 2002
Berkla v. Corel Corp.
Plaintiff cannot recover punitive damages arising from breach of confidence claim.
Civil Procedure May 20, 2002
Lapides v Board of Regents of University System of Georgia
State waives its Eleventh Amendment immunity when it voluntarily removed case from state court to federal court.
Civil Procedure May 20, 2002
Marriage of Blakely
Because appointment of guardian ad litem for defendant comported with due process, result of civil trial is binding.
Civil Procedure May 17, 2002
Carver v. Chevron U.S.A. Inc.
Attorney fees awarded to prevailing party based on reciprocal rights theory was improper under Cartwright Act.
Civil Procedure May 15, 2002