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In re Lorillard Tobacco Co.
Trial court's denial of tobacco company's request to seize counterfeit cigarettes is not appealable interlocutory order.
Civil Procedure Jul. 21, 2004
White v. Lambert
Jurisdiction to hear defendant's habeas petition is determined by fact that he was in custody pursuant to state court judgment.
Civil Procedure Jul. 21, 2004
Kulshrestha v. First Union Commercial Corp.
Summary judgment against plaintiff was proper where plaintiff's declaration failed to meet requirements of Code of Civil Procedure Section 2015.5.
Civil Procedure Jul. 19, 2004
Thinket Ink Information Resources Inc. v. Sun Microsystems Inc.
Minority-owned corporation has standing to bring action under 42 U.S.C. Section 1981.
Civil Procedure Jul. 16, 2004
Haeuser v. Dept. of Law, Government of Guam, Civil Service of Guam
Guam supreme court's reversal of lower court without review of evidence was manifest error.
Civil Procedure Jul. 15, 2004
Luong v. Circuit City Stores Inc.
Although district court had jurisdiction to hear petition to vacate arbitration award, petition fails because arbitrator didn't manifestly disregard federal law.
Civil Procedure Jul. 15, 2004
Kelly v. Fleetwood Enterprises Inc.
Damages plaintiffs seek from manufacturer of their leaky motor home are not recoverable under Magnuson-Moss Warranty Act.
Civil Procedure Jul. 15, 2004
Action Embroidery Corp. v. Atlantic Embroidery Inc.
Under Clayton Act, existence of personal jurisdiction over defendant does not depend upon existence of proper venue.
Civil Procedure Jul. 15, 2004
McCalla v. Royal Maccabees Life Insurance Co.
Revising judgment to include mandatory prejudgment interest is considered amendment under federal rules.
Civil Procedure Jul. 15, 2004
Jeff D. v. Kempthorne
District court continues to have jurisdiction over 20-year-old case and Eleventh Amendment does not bar enforcement of consent decrees.
Civil Procedure Jul. 14, 2004
Sullivan v. U.S. Dept. of the Navy
District court erroneously excluded proffered testimony of plaintiff's medical expert.
Civil Procedure Jul. 13, 2004
City Solutions Inc. v. Clear Channel Communications Inc.
Jury verdict of $9.8 million in fraud and unfair competition case is reinstated.
Civil Procedure Jul. 13, 2004
Rojas v. Superior Court (Coffin)
Mediation privilege does not apply to raw data or 'non-derivative' evidentiary material.
Civil Procedure Jul. 12, 2004
Hamburg v. Wal-Mart Stores Inc.
In granting defendant summary judgment based on reasonableness of time, place, manner restrictions, court failed to address false arrest issues framed by pleadings.
Civil Procedure Jul. 12, 2004
Blackburn v. Brady
Defendant's anti-SLAPP claim fails for want of necessary prima facie showing that activity was protected.
Civil Procedure Jul. 12, 2004
Brenton v. Metabolife International Inc.
Plaintiff's action for product liability and false advertising isn't subject to anti-SLAPP statute.
Civil Procedure Jul. 12, 2004
Garamendi v. Golden Eagle Insurance Co.
Portion of judgment awarding personal injury damages against defendants is reversed for lack of notice.
Civil Procedure Jul. 12, 2004
West Corporation v. Superior Court (Sanford)
California may assert jurisdiction over non-resident telemarketing corporation that initiated sale of product to California resident.
Civil Procedure Jul. 12, 2004
Brockmeyer v. Marquis Publications Ltd.
Service upon English defendant through regular mail to post office box is valid under Hague Convention.
Civil Procedure Jul. 12, 2004
Rasul v. Bush
Federal courts have jurisdiction to hear habeas petitions of foreign nationals held at Guantanamo Bay Naval Base.
Civil Procedure Jul. 11, 2004
U.S. v. Able Time, Inc.
Despite untimely service of process, court has subject matter jurisdiction and must consider question of prejudice.
Civil Procedure Jul. 9, 2004
Cole v. U.S. District Court (TCI Media Services)
Petitioners' decision to bypass review of magistrate judge's decision before lower court results in denial of petition.
Civil Procedure Jul. 9, 2004
Lifescan Inc. v. Premier Diabetic Services Inc.
District court erred in compelling arbitration and ordering party to pay its pro-rata share of fees.
Civil Procedure Jul. 8, 2004
Coyle v. P.T. Garuda Indonesia
Federal court lacks jurisdiction to hear wrongful death claim arising out of plane crash in Indonesia.
Civil Procedure Jul. 8, 2004
Computer Task Group Inc. v. Brotby
Based on defendant's record of discovery abuses, court did not err in imposing terminating sanctions.
Civil Procedure Jul. 8, 2004
Dial 800 v. Fesbinder
Court had subject matter jurisdiction over interpleader action despite agreement between defendants to arbitrate dispute before Israeli religious tribunal.
Civil Procedure Jul. 2, 2004
Garabedian v. Los Angeles Cellular Telephone Co.
Court has independent duty to determine reasonableness of attorney fees despite language of settlement agreement.
Civil Procedure Jul. 2, 2004
Martinez v. Master Protection Corp.
Arbitration agreement was unconscionable, and court lacked authority to appoint alternative arbitrator.
Civil Procedure Jul. 2, 2004
HMS Capital Inc. v. Lawyers Title Co.
Denial of SLAPP motion was proper because party bringing malicious suit received favorable termination on merits of underlying suit.
Civil Procedure Jul. 2, 2004
Hernandez v. Superior Court (Neal)
Death of plaintiff's trial attorney constituted good cause to continue trial date and reopen discovery.
Civil Procedure Jul. 2, 2004