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Clark v. Baxter Healthcare Corp.
More than one reasonable inference regarding when plaintiff had notice of potential product defect creates triable material issues of fact.
Civil Procedure Nov. 2, 2000
Coufal Abogados v. AT&T Inc.
Mexican law applies in diversity action when conduct complained of takes place in Mexico, and interfered with contract is made in Mexico.
Civil Procedure Nov. 2, 2000
Bancroft & Masters Inc. v. TEH Augusta National Inc.
California court has specific jurisdiction over Georgia corporation that engages in wrongful conduct that individually targets plaintiff in California.
Civil Procedure Nov. 2, 2000
Beaty v. CAS BET Holdings Inc.
Remand warranted when record of whether court exercised its discretion in decision not to reduce award of attorney fees below lodestar amount is ambiguous.
Civil Procedure Nov. 2, 2000
Cedars-Sinai Imaging Medical Group v. Moore
Waiver of notice of court's ruling doesn't waive issuance and service of order to show cause in contempt proceeding.
Civil Procedure Nov. 2, 2000
Wise v. Thrifty Payless Inc.
Pharmacy is liable for resulting damages when it discloses confidential information outside scope of litigation privilege.
Civil Procedure Nov. 2, 2000
American Assn. of Naturopathic Physicians v. Hayhurst
Party who raises only one defense in motion to vacate default judgment waives all other defenses.
Civil Procedure Oct. 31, 2000
Cedars-Sinai Imaging Medical Group v. Moore
Waiver of notice of court's ruling doesn't waive issuance and service of order to show cause in contempt proceeding.
Civil Procedure Oct. 24, 2000
First Union Mortgage Corporation v. Smith
Magistrate judge does not have authority to remand case from federal to state court, but may only recommend.
Civil Procedure Oct. 24, 2000
Harpin v. Oakley Custom Homes Inc.
Order
Civil Procedure Oct. 24, 2000
Clark v. Baxter Healthcare Corporation et al.
More than one reasonable inference regarding when plaintiff had notice of potential product defect creates triable material issues of fact.
Civil Procedure Oct. 22, 2000
Conrad v. U. S.
Order
Civil Procedure Oct. 17, 2000
Jordan v. Brazil
Order
Civil Procedure Oct. 17, 2000
Murray County Rural Water District No. 1 v. Board Of County Commissioners
Order
Civil Procedure Oct. 15, 2000
Orrick v. San Joaquin Community Hospital
Arbitration award doesn't create issue preclusion and bar recovery against non-party to the arbitration.
Civil Procedure Oct. 9, 2000
Samuels v. Mix
Attorney has burden of proving that client discovered alleged malpractice more than one year before suit.
Civil Procedure Oct. 9, 2000
Wilcox v. Birtwhistle
Court-ordered deemed admissions may be withdrawn or amended at court's discretion under certain circumstances.
Civil Procedure Oct. 9, 2000
Vandenberg v. Superior Court (Centennial Insurance Co.)
Collateral estoppel doesn't prevent party to private, nonjudicial arbitration from relitigating issue against nonparty.
Civil Procedure Oct. 8, 2000
Mitchell v. Asbestos Corporation
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit.
Civil Procedure Oct. 8, 2000
Adler v. The Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act.
Civil Procedure Oct. 5, 2000
Bass v. First Pacific Networks Inc.
Where supersedeas bond is issued pursuant to Federal Rules, federal law regarding recoverability of attorney fees applies.
Civil Procedure Oct. 5, 2000
Bateman v. U.S. Postal Service
Attorney 's negligent failure to meet filing deadline is excusable neglect, relieving client of final judgment that grants opposing party's motion for summary judgment.
Civil Procedure Oct. 5, 2000
Adler v. Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act.
Civil Procedure Oct. 4, 2000
Mitchell v. Asbestos Corporation Ltd.
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit.
Civil Procedure Oct. 3, 2000
Jones v. Great Southern Life Insurance Co.
Order
Civil Procedure Oct. 3, 2000
United States v. Philip Morris Inc.
Government fails to demonstrate that tobacco's company participation in conspiracy establishes personal jurisdiction.
Civil Procedure Oct. 2, 2000
Groom v. Health Net
HMO's participation in litigation by way of demurrers does not waive its right to compel arbitration in health plan contract absent prejudice to insured.
Civil Procedure Sep. 28, 2000
Dept. of Water and Power v. Superior Court (Dzhibinyan)
Court improperly grants complainant relief from failure to timely present tort claim against DWP.
Civil Procedure Sep. 28, 2000
Maher v. Saad
Court grant of new trial presupposes that whole record was considered, and will not be disturbed unless inspection of record proves otherwise.
Civil Procedure Sep. 28, 2000
Schreiber v. Estate of Kiser
Treating physician, designated as expert witness, isn't precluded from testifying at trial if no expert witness declaration is submitted on his behalf.
Civil Procedure Sep. 26, 2000