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Southern Utah Wilderness Alliance v. Norton
District court has jurisdiction to decide whether Bureau of Land Management failed to comply with Federal Land Policy and Management Act. 		Civil Procedure Jun. 21, 2004
Winn v. Killian
Federal court may review challenge to state law that provides tax credit for contributions that support parochial schools. 		Civil Procedure Jun. 21, 2004
Altmann v. Republic of Austria
Facts alleged by heir of victim of Nazi art theft may establish taking in violation of international law that confers jurisdiction upon federal courts. 		Civil Procedure Jun. 21, 2004
Marriage of Goddard
Trial result is binding despite failure to introduce evidence that party had notice of trial. 		Civil Procedure Jun. 8, 2004
Grupo Dataflux v. Atlas Global Group
Postfiling change in citizenship cannot cure lack of subject matter jurisdiction that existed at time of filing in diversity action. 		Civil Procedure May 25, 2004
Salazar v. Upland Police Dept.
Where there is evidence of lack of reasonable cause and good faith for continuing plaintiff's lawsuit, award of attorney fees was proper. 		Civil Procedure May 21, 2004
Nora v. Kaddo
Trial court erred in issuing mutual restraining orders without hearing testimony of witnesses offered by each party. 		Civil Procedure May 21, 2004
Castro v. Superior Court (California Savings)
Withdrawal of challenged lis pendens prior to hearing does not disqualify moving party from recovering attorney fees. 		Civil Procedure May 21, 2004
State of California v. Superior Court (Bodde)
State's demurrer was properly denied where plaintiff failed to plead he complied with requirements of Tort Claims Act. 		Civil Procedure May 21, 2004
People v. Osborn
Defendant who dredged under water for minerals is liable for substantially changing river bank. 		Civil Procedure May 19, 2004
American Consumer Publishing Association Inc. v. Margosian
Abstention principles are properly invoked only when adjudicating claim for damages would directly interfere with pending state proceeding. 		Civil Procedure May 19, 2004
Murphy v. Schneider National Inc.
Defendant's Rule 12(b)(3) motion was improperly granted because factual allegations were not resolved in plaintiff's favor. 		Civil Procedure May 19, 2004
Farrell v. Principi
Plaintiff may proceed with civil action against agency because action seeks de novo review of claim, not enforcement of agency's final order. 		Civil Procedure May 18, 2004
Alsea Valley Alliance v. Dept. of Commerce
Court lacks jurisdiction over appeal of remand order and intervention order because neither is final decision. 		Civil Procedure May 18, 2004
PowerAgent Inc. v. Electronic Data Systems Corp.
Plaintiff is bound by arbitrators' decision after it argued for arbitration of all claims. 		Civil Procedure May 18, 2004
Smith v. Pacific Properties and Development Corp.
Disabled 'tester' and organization he represented both had standing to bring lawsuit against property owner for violating discrimination laws. 		Civil Procedure May 18, 2004
Tritchler v. County of Lake
Federal court had jurisdiction to review state law claims of employment discrimination after federal claims had been dismissed. 		Civil Procedure May 17, 2004
Johnson v. California
U.S. Supreme Court lacks jurisdiction to review decision of state supreme court to remand for further proceedings. 		Civil Procedure May 12, 2004
Scarborough v. Principi
Attorney-fees application under Equal Access to Justice Act may be amended after deadline to allege government's position was not substantially justified. 		Civil Procedure May 12, 2004
Retail Flooring Dealers of America Inc. v. Beaulieu of America
Court erred in awarding sanctions against plaintiff because defendant failed to comply with safe harbor provision. 		Civil Procedure May 11, 2004
Churchill Village LLC v. General Electric
Settlement of class action lawsuit against manufacturer of consumer dishwashers is upheld. 		Civil Procedure May 11, 2004
Kougasian v. TMSL Inc.
Rooker-Feldman doctrine does not bar subject matter jurisdiction when federal plaintiff alleges cause of action for extrinsic fraud against state court. 		Civil Procedure May 7, 2004
United States v. Universal Fruits and Vegetables Corp.
District court lacks jurisdiction over action brought under False Claims Act regarding customs duties and antidumping tariffs. 		Civil Procedure May 7, 2004
Bunting v. Mellen
High court lacks jurisdiction to hear challenge regarding prayer at Virginia Military Institute. 		Civil Procedure May 4, 2004
Bushley v. Credit Suisse First Boston
District court's order compelling arbitration in one forum but not in another forum is not appealable. 		Civil Procedure May 4, 2004
Opinion of Lockyer
Physician who testifies as expert on applicable standard of care may not be found liable in subsequent action, but may be professionally disciplined. 		Civil Procedure Apr. 29, 2004
Special Investments Inc. v. Aero Air Inc.
Federal court's dismissal of defendant should have been vacated once court decided it lacked subject matter jurisdiction. 		Civil Procedure Apr. 26, 2004
United Investors Life Insurance Co. v. Waddell & Reed Inc.
Federal appellate court lacks jurisdiction to review district court order remanding lawsuit to state court. 		Civil Procedure Apr. 25, 2004
Smith v. M.D.
Absolute official proceedings privilege applies where child makes false statements of sexual abuse to caregivers and police. 		Civil Procedure Apr. 7, 2004
Olmstead v. Arthur J. Gallagher & Co.
Direct false response to discovery qualifies as 'misuse of the discovery process' subject to sanctions. 		Civil Procedure Mar. 25, 2004
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