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Metabolife International Inc. v. Wornick
Among other things, district court erred in rejecting animal studies proffered by Metabolife merely because of species gap.
Civil Procedure Nov. 29, 2001
Paykar Construction Inc. v. Spilat Construction Corp.
Collateral estoppel nor res judicata will preclude suit against general contractor who failed to show he was party to novation previously litigated.
Civil Procedure Nov. 29, 2001
Lund v. Benham
Publication of lawsuit summons in newspaper eight days after service deadline was untimely.
Civil Procedure Nov. 28, 2001
Mehrtash v. Mehrtash
Ex-spouse who is entitled to support may not halt conveyance of house whose value exceeded mortgages, liens.
Civil Procedure Nov. 28, 2001
Alcott Rehabilitation Hospital v. Superior Court (Smith)
Patient is entitled to extension of one-year deadline to sue nursing home for medical malpractice because she is insane.
Civil Procedure Nov. 28, 2001
McFadden v. Villa
Plaintiff who wins state claim but loses federal claim cannot recover attorney fees under 42 U.S.C. Section 1988.
Civil Procedure Nov. 28, 2001
Smith v. Pacificare Behavioral Health of California Inc.
Insurer's arbitration clause is unenforceable for failing to comply with disclosure requirements.
Civil Procedure Nov. 28, 2001
Edwards v. Superior Court (Kirianoff)
Ninety-day deadline to file medical malpractice suit does not require plaintiff to allege specific factual basis of claim.
Civil Procedure Nov. 28, 2001
Mid-Century Insurance Exchange v. Daimler-Chrysler Corp.
Good faith settlement between injured and joint tortfeasor bars equitable indemnity claim of insurer previously relieved of suit.
Civil Procedure Nov. 28, 2001
Hernandez v. State of Arizona
Notice of claim against government entity is admissible evidence for impeachment purposes.
Civil Procedure Nov. 27, 2001
Magnussen v. Tawney
Plaintiff who received jury damages that were slightly lower than settlement offer is still entitled to attorney fees.
Civil Procedure Nov. 26, 2001
Marina Cove Condominium Owners v. Isabella Estates
Right to judicial hearing under Washington Condominium Act cannot be waived.
Civil Procedure Nov. 21, 2001
McEvoy v. Aerotek Inc.
Plaintiff who received jury award for less than prior settlement amount is still entitled to costs.
Civil Procedure Nov. 21, 2001
Singh v. Mortensun
Entry of default set aside where defendant had meritorious defense and motion to set aside was timely filed.
Civil Procedure Nov. 20, 2001
Sanders v. AT&T Wireless Services
Plaintiff who opted out of class action has no right to intervene or appeal settlement.
Civil Procedure Nov. 19, 2001
Joseph A. v. Ingram
Appellants' claims against state agency under Social Security Act are barred by 11th Amendment and constitutional claims barred by 'Younger' abstention doctrine.
Civil Procedure Nov. 19, 2001
Huffman v. Saul Holdings Limited Partnership
On remand, district court doesn't have discretion to award attorney fees when appeals court in previously denied plaintiffs request for fees.
Civil Procedure Nov. 19, 2001
S.M. v. J.K.
Magistrate judge doesn't abuse discretion in making challenged evidentiary rulings.
Civil Procedure Nov. 19, 2001
Patelo Credit Union v. Sahni
Federal rules aren't violated when no material facts are in dispute and successor judge grants summary judgment as matter of law.
Civil Procedure Nov. 19, 2001
Jinro America Inc. v. Secure Investments Inc.
Jury verdict against foreign company is reversed because of ethnically biased expert testimony.
Civil Procedure Nov. 19, 2001
Kinnell v. Graves
Prisoner who filed more than three actions dismissed as frivolous was properly barred from proceeding in forma pauperis.
Civil Procedure Nov. 19, 2001
Hart v. Massanari
Ninth Circuit rule barring citation of unpublished dispositions is not unconstitutional.
Civil Procedure Nov. 19, 2001
Rivera v. Railroad Retirement Board
Court doesn't have jurisdiction to review Railroad Retirement Board's dismissal of claim for benefits because dismissal wasn't final decision of the board.
Civil Procedure Nov. 18, 2001
Ahmed v. State
Federal court lacked jurisdiction to hear First Amendment claim after it was considered and rejected by state appeals board.
Civil Procedure Nov. 18, 2001
Cuenllas v. VRL International Ltd.
Minute order without title 'notice of entry' does not trigger 60-day time period for filing notice of appeal.
Civil Procedure Nov. 18, 2001
American Humane Assn. v. Los Angeles Times Communications
Defendant is not required to submit proof of attorney fees at same time it files motion to strike.
Civil Procedure Nov. 18, 2001
Simmons v. Allstate Insurance Co.
Cross-complaint filed by health care providers accused of insurance fraud violated anti-SLAPP law.
Civil Procedure Nov. 18, 2001
Katelaris v. County of Orange
Employee declarations about timely mailing of claim rejection satisfies judgment barring suit on statute of limitations grounds.
Civil Procedure Nov. 18, 2001
Estate of Gilliland
Appeals court can accept stipulated reversal under Code of Civil Procedure so long as it makes the findings listed in statute.
Civil Procedure Nov. 18, 2001
U.S. Bank National Assn. v. Oliverio
Trial court has jurisdiction to reinstate security interest of foreclosing bank that mistakenly released interest.
Civil Procedure Nov. 15, 2001