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State of Montana v. Goldin (In re Pegasus Gold Corp.)
Bankruptcy courts have post-confirmation jurisdiction over claims that have close nexus to original bankruptcy proceeding.
Civil Procedure Aug. 9, 2005
Estrada v. RPS Inc.
Because dismissal orders are part of class certification process, named plaintiffs have standing to appeal but orders are not appealable.
Civil Procedure Aug. 9, 2005
Al-Safin v. Circuit City Stores Inc.
Arbitration agreement between employer and employee is substantively unconscionable.
Civil Procedure Aug. 9, 2005
C3 Entertainment Inc. v. Arthur J. Gallagher & Co.
Trial court's grant of summary judgment for defendant based on interim ruling against other defendant was premature.
Civil Procedure Aug. 9, 2005
Royalty Carpet Mills v. City of Irvine (Essex Property Trust)
Petitioner's challenge to conditional use permit was absolutely time-barred.
Civil Procedure Aug. 9, 2005
Dees v. Billy
District court order that stays proceedings and compels arbitration is not appealable even if accompanied by administrative closing.
Civil Procedure Aug. 9, 2005
Weatherly v. Universal Music Publishing Group
Unexercised right to conduct audit does not necessarily demonstrate lack of diligence for purposes of delayed discovery rule.
Civil Procedure Aug. 8, 2005
Home Insurance Company v. Superior Court (Montrose Chemical Corporation of California)
Trial court will decide whether primary and excess insurance carriers have 'substantially adverse interests' that allow them to each challenge judge.
Civil Procedure Aug. 8, 2005
City of Malibu v. California Coastal Commission
Owners of beachfront property should not be allowed to intervene in lawsuit regarding easement on neighboring property.
Civil Procedure Aug. 3, 2005
Consumer Cause Inc. v. Mrs. Gooch's Natural Food Markets Inc.
Unnamed member of putative class who defeats class certification is not entitled to attorney fees.
Civil Procedure Aug. 3, 2005
Roy v. Superior Court (Lucky Star Industries Inc.)
Motion to dismiss for lack of personal jurisdiction was properly denied based on defendant's filing answer and participating in litigation.
Civil Procedure Aug. 3, 2005
Gober v. Ralphs Grocery Co.
Different evidence excluded during liability trial that is relevant to amount of punitive damages may be admissible.
Civil Procedure Aug. 3, 2005
Varian Medical Systems v. Delfino
Perfecting appeal from denial of special motion to strike automatically stays all further trial proceedings.
Civil Procedure Aug. 2, 2005
Consumer Cause Inc. v. Mrs. Gooch's Natural Food Markets Inc.
Unnamed member of putative class who defeats class certification is not entitled to attorney fees.
Civil Procedure Aug. 2, 2005
Theis Research Inc. v. Brown & Bain
Amount at stake in underlying litigation, not arbitration award, is amount in controversy for diversity jurisdiction.
Civil Procedure Aug. 1, 2005
Obrey v. Johnson
'Harmless error' analysis in civil cases requires initial presumption that error was prejudicial.
Civil Procedure Aug. 1, 2005
Campbell v. Regents of the University of California
University employee must exhaust administrative remedies before suing for retaliatory termination.
Civil Procedure Aug. 1, 2005
Equal Employment Opportunity Commission v. Peabody Western Coal Co.
Navajo Nation may be joined in employment discrimination suit against company that contracted with it to mine on its land.
Civil Procedure Jul. 31, 2005
Johnston v. Corrigan
Trial court has jurisdiction to reconsider initial order denying cross-defendants' attorney fee motion.
Civil Procedure Jul. 31, 2005
Darulis v. Garate
Plaintiff was entitled to award of costs for service of process despite unsuccessful claim against police.
Civil Procedure Jul. 26, 2005
California Scents v. Pestco Inc.
Plaintiff reasonably relied on defendant's jury trial demand in effort to preserve plaintiff's own right to jury trial.
Civil Procedure Jul. 25, 2005
Mahtesian v. Lee
Federal court lacked subject matter jurisdiction to hear case under Civil Service Reform Act.
Civil Procedure Jul. 25, 2005
Parker v. McCaw
Contractual right to three arbitrators is substantial and may not be altered by court.
Civil Procedure Jul. 25, 2005
Manshardt v. Federal Judicial Qualifications Committee
No private right of action exists under Federal Advisory Committee Act.
Civil Procedure Jul. 25, 2005
Spencer v. U.S. District Court (Altec Industries Inc.)
Post-removal joinder of forum defendant did not destroy subject-matter jurisdiction of district court.
Civil Procedure Jul. 12, 2005
Hilao v. Estate of Ferdinand Marcos (Republic of the Philippines)
Republic of the Philippines cannot appeal court order blocking transfer of funds from Marcos Estate.
Civil Procedure Jul. 12, 2005
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Member organization comprised of individually owned hotels may not be held liable for alleged Proposition 65 violations by members.
Civil Procedure Jul. 10, 2005
Bell v. Thompson
Appellate court should have issued stay of mandate immediately upon filing of U.S. Supreme Court's order denying petition for writ of certiorari.
Civil Procedure Jul. 5, 2005
Exxon Mobil Corp. v. Allapattah Services Inc.
Court with original jurisdiction over one claim may exercise supplemental jurisdiction over other claims arising from same case.
Civil Procedure Jun. 24, 2005
Burlington Northern & Santa Fe Railway Co. v. District Court (Kapsner)
Court correctly ordered party to produce documents to which it had asserted untimely privilege.
Civil Procedure Jun. 20, 2005