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Name Category Published
Harvest v. Craig
Statute that requires proof by clear and convincing evidence in certain medial malpractice cases is constitutional. 		Civil Procedure Jun. 6, 2002
Weber v. Tucson Electric Power Co.
Trial court correctly applied equitable apportionment rule to employer's lien against plaintiff's settlement in third-party action. 		Civil Procedure Jun. 6, 2002
Wallace v. Kuehner
Lawsuit to recover money loaned without written or oral contract is time-barred. 		Civil Procedure Jun. 5, 2002
Manius v. Boyd
Timely request for trial de novo accompanied by adequate proof of service is granted. 		Civil Procedure Jun. 5, 2002
Bennett v. Medtronic Inc.
Federal court cannot prevent parties from enforcing non-competition agreement in state court. 		Civil Procedure Jun. 4, 2002
Fair Housing of Marin v. Combs
Nonprofit community organization promoting equal housing opportunities has standing to sue on grounds of diversion of resources and frustration of mission. 		Civil Procedure Jun. 4, 2002
Chevron U.S.A. Inc. v. El-Khoury
Summary judgment is inappropriate because of question of fact as to whether party's underpayment of sales tax is material to franchise relationship. 		Civil Procedure Jun. 4, 2002
Christian v. Mattel Inc.
Copyright infringement lawsuit was frivolous, but Rule 11 sanctions must be based on misconduct regarding pleadings, motions and other filings. 		Civil Procedure Jun. 4, 2002
Pflum v. U.S.
Order 		Civil Procedure Jun. 4, 2002
Kaplan v. Fairway Oaks Homeowners Assn.
Homeowners' association that successfully defended election challenge may recover attorney fees. 		Civil Procedure May 23, 2002
Mendez v. Palm Harbor Homes Inc.
Contract to arbitrate dispute may be stricken when costs of arbitration are prohibitive. 		Civil Procedure May 20, 2002
Berkla v. Corel Corp.
Plaintiff cannot recover punitive damages arising from breach of confidence claim. 		Civil Procedure May 20, 2002
Lapides v Board of Regents of University System of Georgia
State waives its Eleventh Amendment immunity when it voluntarily removed case from state court to federal court. 		Civil Procedure May 20, 2002
Marriage of Blakely
Because appointment of guardian ad litem for defendant comported with due process, result of civil trial is binding. 		Civil Procedure May 17, 2002
Carver v. Chevron U.S.A. Inc.
Attorney fees awarded to prevailing party based on reciprocal rights theory was improper under Cartwright Act. 		Civil Procedure May 15, 2002
Gamble v. Department of Water and Power
Motion by public entities to recover costs should be filed at earliest practical time and prior to entry of judgment. 		Civil Procedure May 15, 2002
Aerojet-General Corp. v. American Excess Insurance Co.
Plaintiff's coverage claims are encompassed within scope of prior judgment. 		Civil Procedure May 15, 2002
Peterson v. Groves
Plaintiff is barred from collecting on promissory notes because he did not pursue claim with due diligence. 		Civil Procedure May 14, 2002
Brooks Trust v. Pacific Media LLC
Trial court properly considered arbitration matter settled when party accepted payment of award. 		Civil Procedure May 14, 2002
Kleven v. City of Des Moines
Person may sue under public disclosure act even though his counsel made actual request for records. 		Civil Procedure May 14, 2002
John L. Livingston and Westland Marketing Inc. v. U.S. Bank N.A.
Where individual issues predominated, trial court did not err in refusing to certify class action. 		Civil Procedure May 14, 2002
Moen v. Spokane City Police Dept.
Owner who successfully challenges forfeiture of automobile may recover reasonable attorney fees. 		Civil Procedure May 7, 2002
Asarco Inc. v. Dept. of Ecology
Judicial review is not available for preemptive challenge to enforcement action of state department of ecology. 		Civil Procedure May 7, 2002
International Association of Fire Fighters v. City of Everett
Labor union that successfully recovers wages for members during arbitration is entitled to attorney fees. 		Civil Procedure May 7, 2002
Hecker v. Cortinas
Sufficient evidence supported issuance of domestic violence protection order. 		Civil Procedure May 7, 2002
In re Peterson
State has burden to establish probable cause to detain prisoner as sexually violent predator. 		Civil Procedure May 7, 2002
Lane v. The City of Tempe
Defendant, through deposition, interrogatories and attorney participation, makes adequate appearance at arbitration proceeding and doesn't waive right to appeal plaintiff's award. 		Civil Procedure May 7, 2002
Walk v. Ring
Plaintiff was not on notice as matter of law that her dentist performed in a negligent manner. 		Civil Procedure May 7, 2002
Wenger v. Munroe
Retired colonel's challenge of military personnel decisions are non-justicable under 'Mindes' factors. 		Civil Procedure Apr. 30, 2002
Nguyen v. Southwest Leasing and Rental Inc.
Oral notice of entry of judgment satisfies Federal Rule of Appellate Procedure 4(a)(6) if it is specific, reliable and unequivocal. 		Civil Procedure Apr. 30, 2002
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