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Cooksey v. Alexakis
Lack of diligence in discovery may be ground for denying continuance of summary judgment motion hearing.
Civil Procedure Dec. 5, 2004
Goliger v. AMS Properties Inc.
Daughter alleging mother's wrongful death is not required to arbitrate claim.
Civil Procedure Dec. 5, 2004
Moore v. The United Kingdom
American cannot sue United Kingdom for torts committed by its servicemen during bar brawl in United States.
Civil Procedure Nov. 30, 2004
Kuntz v. Lamar Corp.
Cooperative was properly treated as corporation for purpose of diversity jurisdiction in personal injury suit.
Civil Procedure Nov. 30, 2004
Qwest Corp. v. City of Portland
Court will reconsider whether city ordinance that fines telecommunications provider is preempted by federal law.
Civil Procedure Nov. 29, 2004
Aozora Bank Ltd. v. 1333 North California Blvd.
Lender cannot recover attorney's fees for prevailing in bad faith waste action under waste exception in contract provision.
Civil Procedure Nov. 26, 2004
Cassim v. Allstate Insurance Co.
Plaintiff's counsel committed prejudicial error by implying that some of jurors were guilty of low level fraud.
Civil Procedure Nov. 16, 2004
Larian v. Larian
Trial court was required to compel arbitration in absence of evidence of fraud in execution of arbitration agreements.
Civil Procedure Nov. 16, 2004
Brockmeyer v. May
Default judgment against defendant cannot stand because attempted international service of process was ineffective.
Civil Procedure Nov. 9, 2004
Federal Trade Commission v. Garvey
Claim against video production company that made infomercials for dietary supplement manufacturer is not precluded by judgment against manufacturer.
Civil Procedure Nov. 9, 2004
Headwaters Inc. v. U.S. Forest Service
Suit by environmental group against Forest Service is barred when other environmental groups already settled claim based on same violations.
Civil Procedure Nov. 9, 2004
Morin v. Rosenthal
Deadline to file SLAPP motion was not tolled while other motion was pending.
Civil Procedure Nov. 9, 2004
Berg v. Darden
Plaintiff's settlement offer satisfied procedural rule by demonstrating its acceptance would result in final disposition.
Civil Procedure Oct. 26, 2004
Carter v. Health Net of California Inc.
Federal district court lacked jurisdiction to review arbitrator's decision regarding insurance dispute.
Civil Procedure Oct. 25, 2004
Finke v. Walt Disney Co.
Reporter fired after writing stories about entertainment company may sue for libel and interference with contractual relations.
Civil Procedure Oct. 22, 2004
Cassim v. Allstate Insurance Company
Attorney fees payable as damages for insurer's bad faith limited to portion of efforts devoted to recovery of amount due under policy.
Civil Procedure Oct. 21, 2004
People v. Felton
Trial court's failure to give instruction on accomplice liability was harmless because contested testimony was adequately corroborated.
Civil Procedure Oct. 21, 2004
Morin v Rosenthal
Deadline to file SLAPP motion was not tolled while other motion was pending.
Civil Procedure Oct. 18, 2004
CE Distribution LLC v. New Sensor Corp.
Defendant had sufficient contacts with state of Arizona to warrant exercise of personal jurisdiction over it.
Civil Procedure Oct. 8, 2004
Johnson v. Capitol One Bank
Under Virginia law, credit card holders suing issuers for conduct violating federal Truth-in-Lending Act are limited to remedies provided by Act.
Civil Procedure Oct. 8, 2004
Schwarzenegger v. Fred Martin Motor Co.
District court in California lacks personal jurisdiction over Ohio car dealership that did not expressly aim its advertisement at California markets.
Civil Procedure Oct. 8, 2004
Garcia v. Superior Court (City of Santa Ana)
Criminal defendant may request police personnel records by filing declaration under seal.
Civil Procedure Oct. 7, 2004
Pacific Decision Sciences Corp. v. Superior Court (Maudlin)
California court order authorizing sheriff to levy property in Florida was unauthorized.
Civil Procedure Oct. 7, 2004
Azteca Construction Inc. v. ADR Consulting Inc.
Party to arbitration cannot contractually waive right to disqualify arbitrator based on lack of neutrality.
Civil Procedure Oct. 7, 2004
Fair Political Practices Commission v. American Civil Rights Coalition Inc.
Defendants failed to show that anti-SLAPP motion was not timely heard because of full court docket.
Civil Procedure Oct. 7, 2004
Hughes Electronics Corp. v. Citibank Delaware
California court bound by contractual choice-of-law provision cannot enforce some but not all of chosen state's laws.
Civil Procedure Oct. 7, 2004
Mann v. Quality Old Time Service Inc.
Plaintiff who filed lawsuit subject to anti-SLAPP law need show probability of prevailing on only part of his claim.
Civil Procedure Oct. 6, 2004
Shapiro v. Paradise Valley Unified School District No. 69
Attorney's fees were properly disallowed for costs of representation at administrative hearing before attorney's admission pro hac vice in Arizona.
Civil Procedure Oct. 6, 2004
Abassi v. Welke
Court may sua sponte entertain second summary judgment motion following its denial of previous summary judgment motion.
Civil Procedure Oct. 6, 2004
Mitchell v. Union Central Life Insurance Co.
Plaintiff's worker's compensation settlement did not include release of civil lawsuit.
Civil Procedure Oct. 6, 2004