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Name Category Published
Provost v. Superior Court (Aetna U.S. Healthcare Inc.)
Order summarily denied by court does not constitute opinion and, therefore, need not be published.
Civil Procedure May 1, 2000
Schmier v. Supreme Court of California
Rules governing publication of appellate court opinions are constitutional and do not conflict with statutory law.
Civil Procedure Apr. 28, 2000
Lane v. Hughes Aircraft Co.
Appellate court must apply 'highly deferential standard' in determining whether lower court properly granted new trial.
Civil Procedure Apr. 28, 2000
Fox v. Kramer
In malpractice action, Department of Health Services investigator's testimony and draft preliminary report for confidential hospital peer review are excludable.
Civil Procedure Apr. 27, 2000
Dalis v. U.S.
Order
Civil Procedure Apr. 19, 2000
Hutchinson v. Pfeil
Order
Civil Procedure Apr. 19, 2000
Bolin v. Chavez
Order
Civil Procedure Apr. 18, 2000
Hutchinson v. Pfeil
Court must follow Rule 11 procedure when it imposes any Rule 11 sanction on its own initiative.
Civil Procedure Apr. 18, 2000
Mauney v. CBS; Caroline Film Corp.
Order
Civil Procedure Apr. 18, 2000
Fleming v. Uphoff
Order
Civil Procedure Apr. 18, 2000
Gamble v. Carlton
Order
Civil Procedure Apr. 18, 2000
Rollin v. Frankel & Co. Inc.
Court lacks personal jurisdiction in class action suit by Arizona residents against New York and New Jersey market maker companies.
Civil Procedure Apr. 10, 2000
Performance Funding LLC v. Barcon Corp.
If appellee is not prejudiced, prematurely filed notice of appeal becomes effective when trial court clerk enters final judgment.
Civil Procedure Apr. 4, 2000
Cortez Byrd Chips v. Harbert Construction Co.
Under Federal Arbitration Act, motion to confirm, vacate or modify may be brought in district where award is made or any district under venue statute.
Civil Procedure Apr. 4, 2000
Maides v. Ralphs Grocery Co.
Under California Rules of Court, 60-day time period to file appeal is not shortened by limiting provisions of Rule 3(b).
Civil Procedure Mar. 31, 2000
Mossanen v. Monfared
Court errs in allowing plaintiff's counsel to withdraw where new attorney has not been retained and defendant's summary judgment motion is imminent.
Civil Procedure Mar. 31, 2000
Brown v. Williams
Plaintiff is not entitled to relief from adverse arbitration award where her attorney fails to request trial de novo.
Civil Procedure Mar. 31, 2000
Butcher v. Truck Insurance Exchange
Where reviewing court affirms lower court decision on first issue but doesn't consider second issue, decision on second issue has no preclusive effect.
Civil Procedure Mar. 31, 2000
Wm. R. Clarke Corp. v. Safeco Insurance Co. of America
Where judgment debtor has equitable right to offset, postjudgment interest should be calculated before judgment debtor credits itself with the offset.
Civil Procedure Mar. 31, 2000
Hill v. Blind Industries and Services of Maryland
Federal litigant cannot wait until opening day of trial to assert immunity under Eleventh Amendment.
Civil Procedure Mar. 30, 2000
Franklin v. Terr
Under federal law, witness is not liable for civil damages for conspiring to present perjured testimony at trial.
Civil Procedure Mar. 30, 2000
Seamons v. Snow
When enough documents are presented to suffice granting of summary judgment, evidentiary hearing is unnecessary.
Civil Procedure Mar. 29, 2000
Intercon Inc. v. Bell Atlantic Internet Solutions Inc.
Delaware company's failure to stop action that affected Oklahoma company, after sufficient warning, establishes personal jurisdiction.
Civil Procedure Mar. 22, 2000
Hooks v. State of Colorado
Order
Civil Procedure Mar. 22, 2000
Hooks v. Colorado Lottery
Order
Civil Procedure Mar. 22, 2000
Ben Ezra, Weinstein and Company Inc. v. America Online Inc.
Internet service provider is immune from lawsuit for providing access to inaccurate information.
Civil Procedure Mar. 22, 2000
Bebo Construction Co. v. Mattox & OBrien
Claim for legal malpractice may be asserted against consulting firm that financed and supported law firm.
Civil Procedure Mar. 22, 2000
United Phosphorus LTD v. Midland Fumigant Inc.
Award of attorney fees must be based on evidence of prevailing market rates, not judge's personal knowledge of rates.
Civil Procedure Mar. 15, 2000
Alabama v. U.S. Department of Energy
Federal Circuit has exclusive jurisdiction over appeals under Economic Stabilization Act and Emergency Petroleum Act.
Civil Procedure Mar. 15, 2000
Peay v. Bellsouth Medical Assistance Plan
Federal court has jurisdiction over medical plan and third-party administrator in action to determine medical benefits under ERISA.
Civil Procedure Mar. 15, 2000