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Name Category Published
Assoc. of Washington Public Hospital Districts v. Philip Morris Inc.
Public hospital districts do not have antitrust or RICO standing when Tobacco Firms conduct did not proximately cause their claimed damages. 		Civil Procedure May 8, 2001
Daviton v. Columbia/HCA Healthcare Corp.
Plaintiffs' disability discrimination complaint satisfies requirements of equitable tolling under California law. 		Civil Procedure May 8, 2001
John Zink Comp. v. John Smith Zink; Zeeco, Inc.
Injunctions may not be challenged during civil contempt proceedings if earlier review of injunction was available to protesting party. 		Civil Procedure May 8, 2001
Batterman v. Red Lion Hotels Inc.
When party provides no notice to opposition of default motion, and party has informally appeared, default judgment unauthorized. 		Civil Procedure May 7, 2001
McNeil v. U.S.
Order 		Civil Procedure May 7, 2001
Haynes v. Federal Aviation Administration
Order 		Civil Procedure May 7, 2001
Kourlis v. Port
Jury trial not required when maximum sentence for contempt less than six months. 		Civil Procedure May 7, 2001
Kratzer v. Colorado Intergovernmental Risk Share Agency
Failure to serve appropriate notice on governmental entity justified dismissal of state law tort claims. 		Civil Procedure May 7, 2001
Theis Research v. Brown & Bain
Motion to vacate arbitration award no longer needs to be heard in same location as arbitration to comply with venue laws. 		Civil Procedure May 7, 2001
Weitzel v. Division of Occupational
Abstention by federal court was proper in revocation of medical license case where physician's claim was still pending in state court. 		Civil Procedure May 7, 2001
Stuhlbarg International Sales Co. Inc. v. John D. Brush and Co. Inc.
Court does not abuse discretion in issuing preliminary injunction when there is likelihood of success on merits and possibility of irreparable harm. 		Civil Procedure May 7, 2001
Textile Unlimited Inc. v. A. BMH and Co. Inc.
Federal Arbitration Act does not require venue in contractually-designated arbitration locale for suit to enjoin arbitration. 		Civil Procedure May 7, 2001
The Honorable Bob Schaeffer v. Clinton
Congressman lacks standing to challenge congressional cost of living adjustment increases in salary as violation of 27th Amendment. 		Civil Procedure May 7, 2001
Qwest Communications Int'l Inc. v. FCC
Phone company has no standing to challenge FCC orders pertaining to number portability. 		Civil Procedure May 7, 2001
Prefer v. PharmNetRx
Party from whom personal property is taken pursuant to replevin order is entitled to return of property upon dismissal of case. 		Civil Procedure May 6, 2001
Rekstad v. First Bank System, Inc.
Grant of summary judgment on ERISA claim does not qualify as final decision when court remands to plan administrator question of damages. 		Civil Procedure May 6, 2001
Sorenson v. Mink
Cost of living adjustment to award of attorney fees should be computed according to consumer price index for same year work completed. 		Civil Procedure May 6, 2001
City of Los Angeles v. U.S. Federal Aviation Administration
Federal appeals court does not have jurisdiction to hear original action by city against FAA challenging revenue-use policy. 		Civil Procedure May 6, 2001
Pfaff v. State Farm Mutual Auto Insurance Co.
Party may have default set aside when it presents evidence of a defense to underlying action. 		Civil Procedure May 4, 2001
Wiley v. Rehak
Court lacks authority to allow addition of aggrieved party after the deadline for trial de novo request expired. 		Civil Procedure May 4, 2001
Aziz v. Rosa
Order 		Civil Procedure May 3, 2001
Miller v. V.A. Medical Center
Order 		Civil Procedure May 3, 2001
Personal Restraint Petition of Bratz
Mere threatened use of deadly weapon in commission of robbery, unaccompanied by any physical manifestation indicating a weapon, is second degree robbery, not first. 		Civil Procedure May 3, 2001
Miles v. Children's Hospital
Order of dependency based on parents' abuse and neglect is final judgments that cannot be relitigated. 		Civil Procedure May 3, 2001
Koncicky v. Sekac
Interpleader plaintiff in dispute over earnest money is liable for attorney fees where she actively asserts interest in money. 		Civil Procedure May 3, 2001
Pulich v. Dame
Plaintiff who prevails before arbitrator, but loses at trial, cannot challenge trial judgment based on failure to file proof of service. 		Civil Procedure May 2, 2001
Nielson v. Eisenhower & Carlson
In legal malpractice action, trial court properly applies 'but for' test to proximate cause element. 		Civil Procedure May 2, 2001
Sunderland v. Allstate Indemnity Co.
Messenger's sworn attestation is not required to prove service by delivery. 		Civil Procedure May 2, 2001
Curley v. Perry
Inmate's suit was properly dismissed for failure to state claim because no amendment could cure complaint, and statute was constitutional. 		Civil Procedure May 1, 2001
Chaney v. Fetterly
Doctrine of exhaustion of administrative remedies does not apply where Superior Court and quasi-judicial administrative agency have concurrent original jurisdiction. 		Civil Procedure May 1, 2001
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