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U.S. v. SmithKline Beecham Inc.
Plaintiff may amend complaint brought under False Claims Act in order to satisfy heightened pleading requirements of federal rules.
Civil Procedure Jun. 27, 2001
Pollak v. State Personnel Board
Trial court properly denied supplemental petition for writ of administrative mandate because res judicata barred relitigating same factual issues.
Civil Procedure Jun. 27, 2001
Myers v. Merrill Lynch & Co. Inc.
Judgment affirmed because plaintiff's claim contending broker's failure to disclose is pre-empted by federal law was raised first time on appeal.
Civil Procedure Jun. 26, 2001
Shekhter v. Financial Indemnity Co.
Defendant may move to strike single cause of action, out of many, if underlying allegation stems from defendant's exercise of First Amendment rights.
Civil Procedure Jun. 26, 2001
White v. Browne
Motion to vacate renewal of judgment should have been granted when judgment debtor was never served with summons and complaint.
Civil Procedure Jun. 26, 2001
Krantz v. BT Visual Images LLC
Defense isn't entitled to summary judgment when it thwarted discovery and it failed to show affirmatively plaintiff couldn't establish case.
Civil Procedure Jun. 26, 2001
Fair Housing Counsel of Riverside County Inc. v. Green
When granting defendant's motion for summary judgment, trial court cannot dismiss plaintiff's motion as moot without considering its merits.
Civil Procedure Jun. 26, 2001
Gilliland v. Medical Board of California
State agency doesn't have jurisdiction to impose penalty in administrative proceeding when statute specifies action must be brought by Attorney General.
Civil Procedure Jun. 26, 2001
Wershba v. Apple Computer Inc.
Settlement of class action lawsuit against California computer company that rescinded promise of technical support was fair and reasonable.
Civil Procedure Jun. 26, 2001
Fox Searchlight Pictures Inc. v. Paladino
Employee suing for discrimination need not obtain new attorneys even though she revealed confidential information regarding employer.
Civil Procedure Jun. 26, 2001
Bahl v. Bank of America
Public policy favors deciding cases on merits, and judge should have granted plaintiff's continuance rather than defendant's summary judgment motion.
Civil Procedure Jun. 26, 2001
Subcontractors and Suppliers Collection Services v. McConnachie
Statute permitting service of process on contractors with service on Department of Labor and Industries is limited to suits against contractor's bond.
Civil Procedure Jun. 25, 2001
Olsen v. King County
County's failure to produce all documents used in granting special exception and requested by plaintiffs, violates Public Disclosure Act.
Civil Procedure Jun. 19, 2001
Steinmetz v. Call Realty Inc.
'Letter opinion' containing findings of fact, conclusions of law and judgment was sufficient to be considered final judgment.
Civil Procedure Jun. 18, 2001
Aguilar v. Atlantic Richfield Corp.
In antitrust litigation against companies that refine oil and market gasoline, summary judgment for companies is proper.
Civil Procedure Jun. 15, 2001
Dixon v. Chicago Insurance Co.
Order
Civil Procedure Jun. 13, 2001
Huffman v. Riverton City Corp.
Order
Civil Procedure Jun. 13, 2001
Prairie Dog Advocates v. City of Lakewood
City plan to exterminate prairie dogs is not quasi-judicial act subject to review by court.
Civil Procedure Jun. 12, 2001
Antelope Co. v. Mobil Rocky Mountain, Inc.
Summary judgment inappropriate where parties not given notice and opportunity to respond.
Civil Procedure Jun. 12, 2001
Buckhannon Board & Care Home Inc. v. West Virginia Dept. of Health and Human Resources
Nursing home whose lawsuit caused state to change voluntarily evacuation law cannot recover attorney fees as 'prevailing party.'
Civil Procedure Jun. 12, 2001
New Hampshire v. Maine
In border dispute, New Hampshire is barred by judicial estoppel from asserting contrary interpretation of terms after agreeing to consent decree.
Civil Procedure Jun. 12, 2001
Pullen v. Keesling
Order
Civil Procedure Jun. 12, 2001
Davis v. Simon Property Group
Order
Civil Procedure Jun. 12, 2001
Stichting Mayflower Recreational Fonds v. Newpark Resources Inc.
Order
Civil Procedure Jun. 12, 2001
Ogden v. J.M. steel Erecting, Inc.
Defendants entitled to new trial when jury disregards parties stipulation that non-party proximately caused injuries and allocates 100 percent of fault to defendants.
Civil Procedure Jun. 12, 2001
Silver Sage Partners Ltd. v. City of Desert Hot Springs
Verdict supported by substantial evidence must be reinstated and Fair Housing Act allows injunctive relief without proving likelihood of future violations.
Civil Procedure Jun. 11, 2001
Howard Jarvis Taxpayers Association v. City of La Habra
Statute of limitations for taxation claim against city commences to run on the date the tax ordinance enacted.
Civil Procedure Jun. 4, 2001
In re the matter of Firestorm
Court has discretion to protect settlement funds in class action to ensure that all class members are treated equitably.
Civil Procedure May 28, 2001
Burns-Vidlak v. Chandler
Trial court's order, denying State's partial summary judgment motion, is unappealable under collateral order doctrine.
Civil Procedure May 24, 2001
Breakzone Billiards v. City of Torrance
Councilman's notice of appeal provides sufficient notice of grounds upon which an appeal to the granting of conditional use permit is taken.
Civil Procedure May 24, 2001