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AmerUS Life Insurance Co. v. Bank of America
In case regarding issuance of fraudulent insurance policies, three-year statute of limitations bars insurer's conversion claim against bank.
Civil Procedure Feb. 6, 2007
Reigelsperger v. Siller
Plaintiffs are not required to arbitrate medical malpractice claims because open-book account relationship did not exist.
Civil Procedure Feb. 6, 2007
Patchett v. Bergamot Station Ltd.
Arbitrator who issued award in initial dispute between parties did not exceed power by arbitrating subsequent dispute between same parties.
Civil Procedure Feb. 5, 2007
Mayes v. Bryan
In wrongful death action, defendants invited any instructional error where jury determined that doctor's negligence was cause of death.
Civil Procedure Feb. 5, 2007
Novartis Vaccines and Diagnostics Inc. v. Stop Huntingdon Animal Cruelty USA Inc.
Motion to strike is properly denied where organization's attacks on employees of biopharmaceutical company were unlawful.
Civil Procedure Feb. 2, 2007
Hall v. North American Van Lines Inc.
Court had removal jurisdiction over plaintiff's interstate-shipping contract claim where claim was completely pre-empted by Carmack Amendment.
Civil Procedure Feb. 2, 2007
Vivid Video Inc. v. Playboy Entertainment Group Inc.
Where issue of whether claims were to be arbitrated remained unresolved, no appealable final judgment was entered.
Civil Procedure Feb. 2, 2007
Miller v. Union Pacific Railroad Co.
Prevailing plaintiff in Federal Employers' Liability Act action may not recover expert witness fees under state law.
Civil Procedure Feb. 2, 2007
The Ebensteiner Co. Inc. v. The Chadmar Group
Settlement agreement between parties explicitly requiring appeal to be dismissed rendered current proceedings moot.
Civil Procedure Feb. 1, 2007
Alvarez v. May Department Stores Co.
Based on doctrine of collateral estoppel, trial court did not err in sustaining employer's demurrer to plaintiffs' class action allegations.
Civil Procedure Feb. 1, 2007
Kunysz v. Sandler
Denial of motion for reconsideration filed nearly nine months after original anti-SLAPP complaint is not abuse of discretion.
Civil Procedure Feb. 1, 2007
Jones v. Catholic Healthcare West
Court erroneously granted defendants' motion for summary judgment where notice of intent to sue extended limitations period and complaint was timely filed.
Civil Procedure Feb. 1, 2007
Tamburina v. Combined Insurance Co. of America
Plaintiff who established period of impracticability to warrant tolling of statute of limitations must also show he exercised reasonable diligence in prosecuting case.
Civil Procedure Feb. 1, 2007
Roehl v. Ritchie
Court's judgment confirming second arbitration award is proper where arbitrator did not re-evaluate previously determined issues.
Civil Procedure Feb. 1, 2007
O'Donnell v. Vencor Inc.
Statute of limitations for claims brought under Equal Pay Act may be subject to equitable tolling.
Civil Procedure Jan. 31, 2007
Kunysz v. Sandler
Plaintiff's motion for reconsideration filed 10 months after initial motion to strike under anti-SLAPP statute was denied as untimely.
Civil Procedure Jan. 31, 2007
Pioneer Electronics (USA) Inc. v. Superior Court (Olmstead)
Privacy interests of customers who lodged complaints with manufacturer about product are not violated by disclosure of their contact information to class action plaintiff.
Civil Procedure Jan. 31, 2007
Vergos v. McNeal
In wrongful termination case, employer's statements were connected with issue under review by official proceeding and were protected by anti-SLAPP statute.
Civil Procedure Jan. 30, 2007
Daniel V. v. Superior Court (People)
Minors' peremptory challenges to judge in juvenile cases were timely where there was no valid all-purpose assignment.
Civil Procedure Jan. 29, 2007
Mann v. Quality Old Time Service Inc.
Defendants who only partially prevailed on anti-SLAPP motion were entitled to half of their claimed attorney fees.
Civil Procedure Jan. 29, 2007
Dutra v. Eagleson
Plaintiff's childhood sexual abuse claim was subject to discovery rule of Code of Civil Procedure Section 340.1 and not its 2003 revival period.
Civil Procedure Jan. 29, 2007
P.N. v. Seattle School District No. 1
Where claimant is not prevailing party because settlement agreement for underlying IDEA claim lacked judicial imprimatur, he cannot recover attorney fees.
Civil Procedure Jan. 29, 2007
Jeld-Wen Inc. v. Superior Court (Marlborough Development Corp.)
Trial courts may not order parties in complex construction defect case to attend and pay for private mediation.
Civil Procedure Jan. 25, 2007
Pioneer Electronics (USA) Inc. v. Superior Court (Olmstead)
Privacy interests of customers who lodged complaints with manufacturer about product are not violated by disclosure of their contact information to class action plaintiff.
Civil Procedure Jan. 25, 2007
Bettencourt v. City and County of San Francisco
Pursuant to applicable civil action tolling provision, disciplinary charges against officers were timely filed before expiration of one-year limitations period.
Civil Procedure Jan. 24, 2007
Sofranek v. Merced County
Where county's course of conduct was inconsistent with treating limitations period as running from specific date, doctrine of estoppel applied.
Civil Procedure Jan. 23, 2007
U.S. v. Jawara
'Same or similar character' basis for joinder cannot join immigration crimes that are unrelated in purpose, timing, location, modus operandi and evidence.
Civil Procedure Jan. 23, 2007
Conlon v. United States
Courts must consider factors set forth in Federal Rule of Civil Procedure 36(b) in deciding motions to grant or amend requests for admissions.
Civil Procedure Jan. 19, 2007
Efaw v. Williams
District court abused its discretion in denying defendant's motion to be dismissed based on plaintiff's failure to comply with FRCP 4(m).
Civil Procedure Jan. 19, 2007
Henrichs v. Valley View Development
In appeal stemming from quiet title action in state courts, declaratory relief claim is barred pursuant to 'Rooker-Feldman' doctrine.
Civil Procedure Jan. 19, 2007