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Berger v. North Carolina State Conference of the NAACP
State legislative leaders were allowed to intervene in a case challenging the state's voter-ID law since their interests were not adequately represented by an Elections Board that had opposed the law.
Civil Procedure USSC Jun. 24, 2022
Modification: Casey v. Hill
Trial court erred in ruling that Missouri court's exercise of personal jurisdiction violated due process because trial court ignored the material jurisdictional facts that were sufficient to satisfy the jurisdictional inquiry.
Civil Procedure 4DCA/1 Jun. 24, 2022
St. Paul Fire & Marine Ins. Co. v. AmerisourceBergen Corp.
Stay of case was appropriate pending resolution of case in sister state where exact issues applied and more than 10 million pages of documents had already been generated in discovery.
Civil Procedure 4DCA/3 Jun. 22, 2022
In re Marriage of Deal
A vexatious litigant's appeal of an order denying his request to file new litigation was dismissed as frivolous because it completely lacked merit and was intended to delay.
Civil Procedure 1DCA/3 Jun. 22, 2022
City of Los Angeles Dept. of Airports v. U.S. Specialty Insurance Co.
Surety was not entitled to attorney fees as the prevailing party, even though it only paid $1 in nominal damages, since it technically lost on all contract claims.
Civil Procedure 1DCA/5 Jun. 17, 2022
D.D. v. Pitcher
Trial courts have discretion to restrict and reject improper content of proposed brief opening statements before voir dire.
Civil Procedure 5DCA Jun. 17, 2022
Kemp v. U.S.
Plaintiff's motion to vacate was untimely under Federal Rule of Civil Procedure 60(b)(1) because the statutory term "mistake" covered the alleged judicial error, not just factual errors.
Civil Procedure USSC Jun. 13, 2022
Field v. U.S. Bank Nat. Assn.
Plaintiff's discovery response that she was "unsure" if she had received the Notice of Trustee Sale barred her from later claiming that she never received the notice when opposing summary judgment.
Civil Procedure 2DCA/8 Jun. 10, 2022
Moskowitz v. American Savings Bank
District court abused its discretion in including attorney's fees in its award of costs under Federal Rule of Civil Procedure 41(d) because "costs" has a long-standing definition that does not normally include attorney's fees.
Civil Procedure 9th Jun. 10, 2022
Applied Underwriters, Inc. v. Lara
No exceptional circumstances existed to justify an exception to the prior exclusionary rule in a conservation action over an insurance company.
Civil Procedure 9th Jun. 10, 2022
Smagin v. Yegiazaryan
A RICO plaintiff can satisfy the "domestic injury" standing requirement for a judgment of a foreign arbitration award by showing that the judgment's rights existed domestically.
Civil Procedure 9th Jun. 10, 2022
Dept. of Water Resources Environmental Impact Cases
The trial court applied the wrong standard in deciding whether the causation prong of the catalyst theory entitled plaintiffs to recovery of attorney fees.
Civil Procedure 3DCA Jun. 6, 2022
Owino v. CoreCivic
Detainees in private immigration detention center could certify their classes for a class action since there was a common question about the prison's policies that predominated individual detainees' claims.
Civil Procedure 9th Jun. 3, 2022
Burri Law PA v. Skurla
Jurisdiction was proper in Arizona for attorney's defamation and contract interference claims since Catholic bishops' statements were purposefully directed toward attorney's Arizona employment contract and lawsuit.
Civil Procedure 9th Jun. 3, 2022
Amended Opinion: Ratha v. Phatthana Seafood
Cambodian villagers failed to establish that their claims against a Thai company was a valid extraterritorial application of the Trafficking Victims Protection Reauthorization Act.
Civil Procedure 9th Jun. 1, 2022
Martin v. Pierce County, et al.
Washington's arbitration declination declaration requirement before commencing a medical malpractice suit did not apply in federal court because it conflicted with Federal Rules of Civil Procedure 3 and 8.
Civil Procedure 9th May 31, 2022
Casey v. Hill
Trial court erred in ruling that Missouri court's exercise of personal jurisdiction violated due process because trial court ignored the material jurisdictional facts that were sufficient to satisfy the jurisdictional inquiry.
Civil Procedure 4DCA/1 May 24, 2022
Cardenas v. Horizon Senior Living, Inc.
The statute of limitations for wrongful death claim against the senior living facility was not revived by felony convictions against the facility's staff under Code of Civil Procedure Section 340.3.
Civil Procedure 2DCA/6 May 23, 2022
Modification: Divino Plastic Surgery, Inc. v. Superior Court (Espinoza)
Statutory deadline for leave to include punitive damages in a health care provider negligence claim demanded strict compliance where plaintiffs were aware of facts necessary to move to amend.
Civil Procedure 4DCA/1 May 23, 2022
Padilla v. City of San Jose
Plaintiffs were required to pay garbage collection fees under protest before filing their putative class action challenging those charges.
Civil Procedure 6DCA May 23, 2022
Unite Here Local 30 v. Sycuan Band
District court did not abuse its discretion in declining to exercise supplemental jurisdiction over counterclaim that rested on an issue of contract validity because it was for the arbitrator to decide.
Civil Procedure 9th May 23, 2022
State of Arizona v. Yellen
Arizona had standing for a constitutional challenge to the American Rescue Plan Act's offset provision since it was credible that it would be forced to repay federal funds.
Civil Procedure 9th May 20, 2022
CPC Patent Technologies v. Apple, Inc.
Discovery petitions pursuant to 28 U.S.C. Section 1782 are case-dispositive decisions to be reviewed de novo by the district court.
Civil Procedure 9th May 19, 2022
People v. Nance
Defendant was not entitled to the standard of review for a directed verdict since the denial of his application for outpatient treatment was not made by a jury.
Civil Procedure 3DCA May 16, 2022
Pacific Fertility Cases
A petition for a writ of mandate is the exclusive means to obtain appellate review of a court's good faith settlement determination.
Civil Procedure 1DCA/1 May 13, 2022
Evans v. Synopsys
Notwithstanding the district court's statements that intervenor's time to file a notice of appeal was preserved, intervenor's failure to formally request an extension mandated dismissal of the appeal.
Civil Procedure 9th May 13, 2022
Amato v. Downs
Trial court erred by deeming plaintiff's failure to follow a local court rule as a waiver of a jury trial.
Civil Procedure 4DCA/2 May 10, 2022
Bock v. State of Washington
Plaintiffs were judicially estopped since they agreed to the statutorily mandated forfeiture of property by signing a Stipulation to Police Reports and Order of Continuance.
Civil Procedure 9th May 10, 2022
Bullock v. City of Antioch
Issue preclusion did not bar retired employees' claim against city because the record provided no basis for concluding that retirees should reasonably have expected to be bound by union's prior grievance proceeding.
Civil Procedure 1DCA/5 May 9, 2022
Kubiak v. County of Ravalli
Plaintiff's acceptance of a Rule 68 offer of judgment prevailed over the court's grant of summary judgment for defendant that was granted while the offer was pending.
Civil Procedure 9th May 4, 2022