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Cassim v. Allstate Insurance Company
Attorney fees payable as damages for insurer's bad faith limited to portion of efforts devoted to recovery of amount due under policy.
Civil Procedure Oct. 21, 2004
People v. Felton
Trial court's failure to give instruction on accomplice liability was harmless because contested testimony was adequately corroborated.
Civil Procedure Oct. 21, 2004
Morin v Rosenthal
Deadline to file SLAPP motion was not tolled while other motion was pending.
Civil Procedure Oct. 18, 2004
CE Distribution LLC v. New Sensor Corp.
Defendant had sufficient contacts with state of Arizona to warrant exercise of personal jurisdiction over it.
Civil Procedure Oct. 8, 2004
Johnson v. Capitol One Bank
Under Virginia law, credit card holders suing issuers for conduct violating federal Truth-in-Lending Act are limited to remedies provided by Act.
Civil Procedure Oct. 8, 2004
Schwarzenegger v. Fred Martin Motor Co.
District court in California lacks personal jurisdiction over Ohio car dealership that did not expressly aim its advertisement at California markets.
Civil Procedure Oct. 8, 2004
Garcia v. Superior Court (City of Santa Ana)
Criminal defendant may request police personnel records by filing declaration under seal.
Civil Procedure Oct. 7, 2004
Pacific Decision Sciences Corp. v. Superior Court (Maudlin)
California court order authorizing sheriff to levy property in Florida was unauthorized.
Civil Procedure Oct. 7, 2004
Azteca Construction Inc. v. ADR Consulting Inc.
Party to arbitration cannot contractually waive right to disqualify arbitrator based on lack of neutrality.
Civil Procedure Oct. 7, 2004
Fair Political Practices Commission v. American Civil Rights Coalition Inc.
Defendants failed to show that anti-SLAPP motion was not timely heard because of full court docket.
Civil Procedure Oct. 7, 2004
Hughes Electronics Corp. v. Citibank Delaware
California court bound by contractual choice-of-law provision cannot enforce some but not all of chosen state's laws.
Civil Procedure Oct. 7, 2004
Mann v. Quality Old Time Service Inc.
Plaintiff who filed lawsuit subject to anti-SLAPP law need show probability of prevailing on only part of his claim.
Civil Procedure Oct. 6, 2004
Shapiro v. Paradise Valley Unified School District No. 69
Attorney's fees were properly disallowed for costs of representation at administrative hearing before attorney's admission pro hac vice in Arizona.
Civil Procedure Oct. 6, 2004
Abassi v. Welke
Court may sua sponte entertain second summary judgment motion following its denial of previous summary judgment motion.
Civil Procedure Oct. 6, 2004
Mitchell v. Union Central Life Insurance Co.
Plaintiff's worker's compensation settlement did not include release of civil lawsuit.
Civil Procedure Oct. 6, 2004
Prince v. CLS Transportation
Trial court should not have determined suitability of class action at pleading stage.
Civil Procedure Oct. 6, 2004
Annette F. v. Sharon S.
Libel suit filed by former lesbian partner seeking 'second-parent' adoption should be struck under anti-SLAPP law.
Civil Procedure Oct. 6, 2004
Johnson v. Capitol One Bank
Under Virginia law, credit card holders suing issuers for conduct violating federal Truth-in-Lending Act are limited to remedies provided by Act.
Civil Procedure Oct. 5, 2004
Stevens v. Brink's Home Security Inc.
District court's order amending complaint to add non-diverse defendants and remanding case to state court is not appealable.
Civil Procedure Oct. 5, 2004
Lebrilla v. Farmers Group Inc.
Denial of plaintiffs' statewide class certification must be reversed due to court's application of wrong legal criteria.
Civil Procedure Oct. 5, 2004
Azteca Construction Inc. v. ADR Consulting Inc.
Party to arbitration cannot contractually waive right to disqualify arbitrator based on lack of neutrality.
Civil Procedure Oct. 4, 2004
Salgado v. Garcia
Certificate of appealability can be denied by two-judge panel.
Civil Procedure Sep. 29, 2004
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law.
Civil Procedure Sep. 29, 2004
Public Utility District No. 1 v. Idacorp Inc.
Public utility's state lawsuit against energy wholesaler is pre-empted by federal law.
Civil Procedure Sep. 28, 2004
Gaudin v. Remis
Petition by mother who moved from Canada to Hawaii to seek return of children is not moot.
Civil Procedure Sep. 28, 2004
Poulos v. Caesars World Inc.
Since video poker players would need to show individualized reliance on misrepresentations to prove causation, class certification of RICO claim was properly denied.
Civil Procedure Sep. 28, 2004
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law.
Civil Procedure Sep. 28, 2004
Wilbanks v. Wolk
Lawsuit against critics of viatical brokerage was not strategic lawsuit against public participation.
Civil Procedure Sep. 27, 2004
U.S. v. Crowell
Defendant convicted of crime may not collaterally attack conviction by moving to expunge record.
Civil Procedure Sep. 27, 2004
Franchise Holding II LLC v. Huntington Restaurants Group Inc.
District court had discretion to deny borrower's motion to set aside default judgment.
Civil Procedure Sep. 24, 2004