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In re Providian Card Cases
Court discretion to unseal records containing proprietary trade secrets was proper.
Civil Procedure Apr. 2, 2002
City of Tucson v. U.S. West Communications Inc.
Because 'Burford' abstention requirements were not met, and declaratory relief was unavailable, district court's order remanding action to state court was improper.
Civil Procedure Apr. 1, 2002
Glencore Grain Rotterdam B.V. v. Shivnath Rai Harnarain Co.
Federal court must have jurisdiction over defendant's person or property to confirm previously issued foreign arbitration award.
Civil Procedure Apr. 1, 2002
Air Communications & Satellite Inc. v. EchoStar Satellite Corp.
Court didn't abuse discretion by ordering mailing of corrective notice regarding defendant's prior communication affecting litigation, but no prior review of future communications.
Civil Procedure Mar. 26, 2002
Torre v. Brickey
Personal injury lawsuit filed in federal court under diversity jurisdiction must comply with state deadline for service of complaint.
Civil Procedure Mar. 26, 2002
Frazee v. Seely
Party opposing motion for summary judgment should have received continuance to conduct discovery.
Civil Procedure Mar. 26, 2002
Jabro v. Superior Court (Hill)
Trial court must weigh evidence from both sides before ordering pretrial discovery of defendants' financial condition.
Civil Procedure Mar. 26, 2002
Rio International Interlink v. Rio International Interlink
Default judgment proper after defendant repeatedly evaded service of process and failed to heed subsequent court warnings to comply with discovery.
Civil Procedure Mar. 25, 2002
Republican Party of Guam v. Gutierrez
Federal district court lacks subject matter jurisdiction where resolution of dispute depends on Guam law, not federal law.
Civil Procedure Mar. 25, 2002
Barrios v. California Interscholastic Federation
Plaintiff in ADA discrimination suit who subsequently settled is considered 'prevailing party' and is entitled to attorney fees.
Civil Procedure Mar. 25, 2002
Difrancesco v. Particle Interconnect Corp.
Trial court erred in entering terms of tentative settlement reached during pretrial deposition as binding order.
Civil Procedure Mar. 21, 2002
Spencer v. Board of County Commissioners
Trial court erred in granting postjudgment motion where basis for county action was not put into the record.
Civil Procedure Mar. 21, 2002
Williamson v. Williamson
General civil district court division had jurisdiction to hear contract dispute involving child support payments.
Civil Procedure Mar. 20, 2002
Hansel-Henderson v. Mullens
Attorney not entitled to recover fees on quantum meruit theory.
Civil Procedure Mar. 20, 2002
D.C. Concrete Management v. Mid-Century Insurance Co.
Trial court should not set aside jury verdict if a reasonable person could reach the same conclusion.
Civil Procedure Mar. 20, 2002
United States v. $42,500.00
Seized money is properly forfeited where government has probable cause to believe it is drug related.
Civil Procedure Mar. 18, 2002
Colacurcio v. Burger
Civil defendant who engaged in settlement negotiations was entitled to receive notice of default judgment.
Civil Procedure Mar. 14, 2002
Utility Cost Management v. Indian Wells Valley Water District
Claim for refund of excessive fees charged by utility company is not barred by the statute of limitations under Government Code Section 66022.
Civil Procedure Mar. 12, 2002
Huber, Hunt & Nichols, Inc. v. United Assn. of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 38
Dispute between contractor and local union is to be resolved by arbitrator whose power is assigned by project-wide labor agreement.
Civil Procedure Mar. 11, 2002
Dawavendewa v. Salt River Project Agricultural Improvement and Power District
District court correctly dismisses complaint for failure to join Navajo Nation as necessary and indispensable party.
Civil Procedure Mar. 8, 2002
Raygor v. Regents of the University of Minnesota
Federal supplemental jurisdiction statute does not toll limitations period for state law claims asserted against nonconsenting state defendants.
Civil Procedure Mar. 7, 2002
Leiting v. Mutha
Summary of medical records submitted in social security hearing is not admissible.
Civil Procedure Mar. 7, 2002
Thomas v. Gilliland
Plaintiff who voluntarily dismisses medical malpractice complaint 22 months after filing it may not refile it.
Civil Procedure Mar. 7, 2002
In re Woodham
Court properly imposes sanctions against Board of Prison Terms for failing to timely respond to inmate's administrative appeal.
Civil Procedure Mar. 7, 2002
Doi v. Halekulani Corp.
Court properly enforced written settlement agreement following plaintiff's oral agreement in open court.
Civil Procedure Mar. 7, 2002
Gray v. Superior Court (People)
Prison inmate may face civil commitment trial despite difference in expert opinion regarding status as sexually violent predator.
Civil Procedure Mar. 6, 2002
Hart v. Hart
Party may not seek sanctions without serving motion at least 30 days before filing it.
Civil Procedure Mar. 6, 2002
City and County of Denver v. County Court of the City and County of Denver
City attorney may be disqualified from prosecuting case where there is appearance of impropriety.
Civil Procedure Mar. 1, 2002
Great Neck Plaza v. Le Peep Restaurants
Garnishment against alter ego company valid where corporate assets concealed through fraudulent transfers.
Civil Procedure Mar. 1, 2002
Jakubowsky v. MCI Telecommunications Corp.
Court is not authorized to vacate dismissal when party fails to submit proposed opposition.
Civil Procedure Feb. 28, 2002