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Phillips v. Sprint PCS
Despite denying phone company’s motion to compel arbitration, trial court may reconsider decision after Supreme Court holding significantly alters California law.
Civil Procedure Sep. 27, 2012
E.A., a Minor
Appeals court will not hear issues when father's attorney objected to lower court’s orders without giving grounds for objections.
Civil Procedure Sep. 27, 2012
Lane v. Facebook Inc.
Facebook’s $9.5 million settlement regarding privacy violations is fair, even if majority of payments will be made to organization dedicated to online privacy.
Civil Procedure Sep. 21, 2012
United States v. U.S. District Court (Baldwin)
Government does not need to send Assistant Attorney General to settlement conference regarding tax dispute.
Civil Procedure Sep. 13, 2012
Dennis v. Kellogg Co.
Class action settlement improperly funds charities devoted to feeding the poor, when lawsuit was not related to that goal.
Civil Procedure Sep. 5, 2012
Reyes v. Liberman Broadcasting Inc.
Employer that did not assert right to compel arbitration for months does not waive right where it acted consistently with its rights.
Civil Procedure Sep. 4, 2012
County of Los Angeles Dept. of Regional Planning v. Superior Court (Pham)
Trial court may not appoint employees of public entity as confidential expert witnesses where entity objected and had interest contrary to party seeking appointment.
Civil Procedure Aug. 29, 2012
Costa v. Commissioner of Social Security Administration
Magistrate judge's reduction of requested attorney fees based on 'reasonable amount of time' to spend on routine social security cases is abuse of discretion.
Civil Procedure Aug. 27, 2012
Comerica Bank v. Howsam
Domestic disclosure rules are inapplicable when arbitrator made disclosure after proceedings commenced in international arbitration matter.
Civil Procedure Aug. 21, 2012
Diepenbrock v. Brown
Sanctions are improperly imposed where split in authority on disputed issue created substantial justification for party to oppose motion.
Civil Procedure Aug. 21, 2012
Dowling v. Farmers Insurance Exchange
Stipulated trial deadline for class action matter is tolled where language of stipulation contemplated future tolling events after agreement was drafted.
Civil Procedure Aug. 17, 2012
Nemecek & Cole v. Horn
Arbitrator is not required to disclose participation in bar association committee even if attorney, who worked for defendant law firm, also participated.
Civil Procedure Aug. 16, 2012
City of Maywood v. Los Angeles Unified School District
Non-pecuniary motives do not disqualify public entity litigants from obtaining attorney fees pursuant to Code of Civil Procedure Section 1021.5.
Civil Procedure Aug. 15, 2012
Rodriguez v. Disner
Court may deny attorney fees in class action where counsel knowingly created conflicts of interests among clients without informed consent.
Civil Procedure Aug. 13, 2012
The Scotts Co. LLC v. Seeds Inc.
In evaluating realignment of parties, federal court may not consider claims made in different case.
Civil Procedure Aug. 13, 2012
Fiore v. Walden
Court has personal jurisdiction over DEA agent whose acts regarding falsified affidavit and delay in returning seized cash were expressly aimed at forum state.
Civil Procedure Aug. 8, 2012
Lee v. West Coast Life Insurance Co.
In dispute over life insurance policy, interpleader does not shield negligent stakeholder from tort liability for its creation of conflict over entitlement to interpleaded funds.
Civil Procedure Aug. 1, 2012
Rickley v. Goodfriend
In contempt proceeding, trial court must determine if attorney-client relationship exists between co-plaintiffs before deciding to award fees to pro se attorney.
Civil Procedure Jul. 31, 2012
Latif v. Holder
District court has jurisdiction over claim that government did not afford adequate opportunity to contest plaintiffs' apparent inclusion on no-fly list.
Civil Procedure Jul. 27, 2012
In re Midland National Life Insurance Co. Annuity Sales Practices Litigation
Presumption of access applies to judicial records despite connection with ‘Daubert’ motion because records were filed in relation with summary judgment motion.
Civil Procedure Jul. 26, 2012
Hester v. Vision Airlines Inc.
Court does not abuse discretion in striking answer and declaring default after considering sanctioned party’s willful disobedience and pointlessness of lesser sanctions.
Civil Procedure Jul. 19, 2012
City of Maywood v. Los Angeles Unified School District
Non-pecuniary motives do not disqualify public entity litigants from obtaining attorney fees pursuant to Code of Civil Procedure Section 1021.5.
Civil Procedure Jul. 19, 2012
Terenkian v. The Republic of Iraq
Foreign state is entitled to sovereign immunity where participation in United Nations program did not constitute commercial activity for purposes of immunity exception.
Civil Procedure Jul. 17, 2012
Dennis v. Kellogg Co.
Class action settlement that distributes remaining funds to charities is not proper under cy pres doctrine because goal of feeding indigent had nothing to do with underlying lawsuit.
Civil Procedure Jul. 16, 2012
Michelman v. Lincoln National Life Insurance Co.
Stakeholder must have good faith belief that colorable competing claims exist to avail itself of interpleader remedy.
Civil Procedure Jul. 13, 2012
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure Jul. 11, 2012
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management, LLC
‘Erie’ doctrine does not require federal court to follow state appellate court decision striking down statute under California Constitution.
Civil Procedure Jul. 11, 2012
Sotelo v. MediaNews Group Inc.
Class certification motion is properly denied because proposed class is not ascertainable when there is no objective means of determining whether individuals were class members.
Civil Procedure Jul. 5, 2012
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure Jun. 28, 2012
Coito v. Superior Court (State of California)
In wrongful death case, audio recordings of witness interviews, which were conducted by investigators employed by defendant's counsel, are protected by work product privilege.
Civil Procedure Jun. 26, 2012