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Tracy v. U.S.
Order
Civil Procedure Dec. 10, 1999
Dubuc v. Johnson
Order
Civil Procedure Dec. 10, 1999
Anaeme v. FHP of New Mexico Inc.
Order
Civil Procedure Dec. 10, 1999
EIE Guam Corp. v. Supreme Court of Guam (Long-Term Credit Bank of Japan Ltd.)
Although Court of Appeals has jurisdiction to review issues of Guam law, it's not required if there's no federal question.
Civil Procedure Dec. 3, 1999
California Credit Union League v. City of Anaheim
Cure of jurisdictional defect by joinder of United States as co-plaintiff does not result in prejudice to the parties.
Civil Procedure Dec. 3, 1999
In re Real Property Known as 22249 Dolorosa Street
Claimants who successfully defend against even part of a forfeiture action are prevailing parties and entitled to attorney fees.
Civil Procedure Dec. 3, 1999
Lyons v. Alaska Teamsters Employer Services Corp.
District court's remand order based solely on lack of subject matter jurisdiction is unreviewable by the appellate court.
Civil Procedure Dec. 2, 1999
AL Holding Co. v. O' Brien & Hicks Inc.
Failure to raise cause of action regarding amount due on an open book account in a compulsory cross-complaint justifies dismissal of case.
Civil Procedure Dec. 2, 1999
Darling, Hall & Rae v. Kritt
The trial court may, by its own motion, reconsider a summary judgment motion it previously ruled upon.
Civil Procedure Dec. 2, 1999
Sanchez v. Pacificare Health System
Fees of medical expert witness not ordered by the trial court are not recoverable as costs.
Civil Procedure Dec. 1, 1999
Merrill v. Navegar, Inc.
There are triable issues of fact as to whether a gun manufacturer breached its duty of care to victims of a shooting.
Civil Procedure Dec. 1, 1999
Mann v. Hutchinson Public Schools, U.S.D. 308
Order
Civil Procedure Dec. 1, 1999
Boyd Rosene and Associates Inc. v. Kansas Municipal Gas Agency
Contractual choice-of-law provisions and parties' expectations are substantial factor in determining which state's law to apply when awarding attorney's fees.
Civil Procedure Nov. 23, 1999
Cross v. Pelican Bay State Prison
Petitioner's request to proceed 'in forma pauperis' is denied because of repeated filing of frivolous petitions for writ of certiorari.
Civil Procedure Nov. 23, 1999
Johnson v. International Association of Machinist and Aerospace Workers
Order
Civil Procedure Nov. 23, 1999
Day v. Iomega Corporation
Order
Civil Procedure Nov. 19, 1999
U.S. v. $ 43,646.00 (Forty-Three Thousand Six Hundred Forty-Six) Dollars in U.S. Currency
Order
Civil Procedure Nov. 19, 1999
Hart v. Schwab
Trial court abused discretion by requiring appeal bond in the amount of the judgment entered on defendant's bill of costs.
Civil Procedure Nov. 19, 1999
Morris v. Schoen
Plaintiff was not a creditor of the bank for purposes of defense of statute of frauds.
Civil Procedure Nov. 19, 1999
Cunningham v. Hamilton County, Ohio
Sanction order for failing to comply with discovery orders, isn't immediately appealable because it's not a 'final decision' of district court.
Civil Procedure Nov. 19, 1999
Waid v. City of Albuquerque
Order
Civil Procedure Nov. 18, 1999
Grupo Mexicano De Desarrollo v. Alliance Bond Fund Inc.
Court doesn't have power to issue preliminary injunction preventing a party from transferring his assets pending adjudication of contract claim for money damages.
Civil Procedure Nov. 18, 1999
Datig v. Dove Books Incorp.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice.
Civil Procedure Nov. 16, 1999
Reese v. Guy
Notice of motion for sanctions under one code section doesn't permit the court to impose sanctions under different section.
Civil Procedure Nov. 16, 1999
Aston v. Bureau of Alcohol, Tobacco and Firearms
Order
Civil Procedure Nov. 16, 1999
Brillhart v. Philips Electronics North America Corp.
Grant of motion for judgment as a matter of law isn't proper when solely based on witness's 'admission' to a hypothetical question.
Civil Procedure Nov. 16, 1999
Huffman v. Saul Holdings Limited Partnership
Deposition testimony showing that amount in controversy requirement is satisfied triggers 30-day removability clock.
Civil Procedure Nov. 16, 1999
Levin v. Anouna
Sanctions imposed for failure to abide by court order were within discretion of trial court.
Civil Procedure Nov. 16, 1999
Stouffer v. Stifel, Nicolaus & Co.
Order
Civil Procedure Nov. 16, 1999
Hutchinson v. Pfeil
Order
Civil Procedure Nov. 16, 1999