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Bartell v. Aurora Public Schools
Plaintiff's factual contentions fail to demonstrate that summary judgment ruling on 42 U.S.C. Section 1983 claim in defendant's favor was error.
Civil Procedure Nov. 13, 2001
Kanter v. Warner-Lambert Co.
Defendant who improperly removes lawsuit from state to federal court is liable for attorney fees.
Civil Procedure Nov. 13, 2001
Homans v. City of Albuquerque
Because all requirements for emergency motion for injunction pending appeal are satisfied, defendants are enjoined from further enforcing provision of city charter.
Civil Procedure Nov. 13, 2001
U.S. v. Horizon West Inc.
Private party may sue for Medicare fraud because prior disclosures had not already revealed underlying allegations.
Civil Procedure Nov. 13, 2001
Sanabria v. Embrey
Dismissal of claim against defendant triggered deadline to request costs, even though claim against another defendant was still pending.
Civil Procedure Nov. 13, 2001
Castillo v. City of Los Angeles
When prerequisites of issue preclusion are met and public policy favors applying preclusion, employee is precluded from relitigating issue of wrongful discharge.
Civil Procedure Nov. 13, 2001
Laborde v. Aronson
Defendant was protected from suit by litigation privilege, and attorney defendant representing self may be awarded sanctions.
Civil Procedure Nov. 13, 2001
Andre v. City of West Sacramento
Plaintiff who won lawsuit is not entitled to attorney fees without showing she actually incurred them.
Civil Procedure Nov. 13, 2001
Levy v. Blum
Trial court correctly awarded sanctions for frivolous litigation tactics under one of two possible statutes.
Civil Procedure Nov. 13, 2001
Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort
Statute of limitations did not expire for malpractice lawsuit when it appeared law firm continuously represented client.
Civil Procedure Nov. 12, 2001
Kravitz v. Superior Court (Milner)
Pro se litigant can not recover attorney fees through discovery sanctions, but may recover reasonable expenses.
Civil Procedure Nov. 12, 2001
Payne v. National Collection Systems Inc.
Plaintiffs may sue for restitution because res judicata principles do not apply to prior unfair competition lawsuit brought by prosecutor.
Civil Procedure Nov. 12, 2001
Walker v. City of Lakewood
Retaliation claim against city by independent fair-housing counseling program is actionable under Fair Housing Act.
Civil Procedure Nov. 12, 2001
Shannon-Vail Five Inc. v. Bunch
Federal court properly applied Nevada law, rather than law of California, to claims of usurious interest rates and conversion.
Civil Procedure Nov. 11, 2001
People v. Smith
Order
Civil Procedure Nov. 8, 2001
City of Seattle v. Keene
Statutory writ is proper only when no adequate legal remedy exists, when inferior tribunal has acted illegally or exceeded jurisdiction.
Civil Procedure Nov. 1, 2001
Snohomish County v. State of Washington Shorelines Hearings Board
Shorelines Hearing Board didn't err in ruling that service of process on county's planning department complied with requirement to serve local government.
Civil Procedure Nov. 1, 2001
Bank of America v. Miller
Absent a showing of fraud, undue influence or disparate bargaining power, forum selection clause in commercial lease remains enforceable.
Civil Procedure Nov. 1, 2001
Landberg v. Carlson
"Tardy offer" of oral testimony at summary judgment hearing was properly denied.
Civil Procedure Nov. 1, 2001
United Services Automobile Assn. v. Superior Court (Moore)
Court errs in approving sliding-scale settlement when, among other things, value assigned to loan isn't substantiated by evidence or any analysis.
Civil Procedure Oct. 31, 2001
Lee v. American National Insurance Co.
Federal lawsuit does not need to be returned to state court despite lack of jurisdiction over one of multiple defendants.
Civil Procedure Oct. 30, 2001
Seven Words LLC v. Network Solutions
Case is moot when injunctive or declaratory relief is no longer available and there was no timely claim for damages.
Civil Procedure Oct. 30, 2001
Leetsch v. Freedman
Legal dispute properly dismissed from U.S. court because case could be resolved adequately in Germany.
Civil Procedure Oct. 30, 2001
Waks v. Empire Blue Cross/ Blue Shield
State law claims arising from individual insurance policy, converted from group policy, are not pre-empted under ERISA.
Civil Procedure Oct. 30, 2001
Gallagher v. Ingram
Court of appeals lacks jurisdiction to hear cases appealed from county courts to district courts.
Civil Procedure Oct. 23, 2001
Schuman v. Dept. of Licensing
Department of Licensing improperly analyzed collateral estoppel element when affirming revocation of driver's license.
Civil Procedure Oct. 21, 2001
Gibson v. Chrysler Corp.
Awarding sanctions after second failed attempt to remove class action to federal court was not proper because arguments were not frivolous.
Civil Procedure Oct. 19, 2001
Lam v. Ngo
Among other things, denying anti-SLAPP suit motion based on prior granting of preliminary injunction and untimeliness was error.
Civil Procedure Oct. 19, 2001
Guminski v. The Arizona State Veterinary Medical Examining Board
Court correctly dismisses complaint for judicial review of administrative decision as untimely.
Civil Procedure Oct. 17, 2001
Nicolopulos v. City of Lawndale
Ousted elected official's exclusive remedy to reclaim position is quo warranto.
Civil Procedure Oct. 15, 2001