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Dixon v. Chicago Insurance Co.
Order
Civil Procedure Jun. 13, 2001
Huffman v. Riverton City Corp.
Order
Civil Procedure Jun. 13, 2001
Prairie Dog Advocates v. City of Lakewood
City plan to exterminate prairie dogs is not quasi-judicial act subject to review by court.
Civil Procedure Jun. 12, 2001
Antelope Co. v. Mobil Rocky Mountain, Inc.
Summary judgment inappropriate where parties not given notice and opportunity to respond.
Civil Procedure Jun. 12, 2001
Buckhannon Board & Care Home Inc. v. West Virginia Dept. of Health and Human Resources
Nursing home whose lawsuit caused state to change voluntarily evacuation law cannot recover attorney fees as 'prevailing party.'
Civil Procedure Jun. 12, 2001
New Hampshire v. Maine
In border dispute, New Hampshire is barred by judicial estoppel from asserting contrary interpretation of terms after agreeing to consent decree.
Civil Procedure Jun. 12, 2001
Pullen v. Keesling
Order
Civil Procedure Jun. 12, 2001
Davis v. Simon Property Group
Order
Civil Procedure Jun. 12, 2001
Stichting Mayflower Recreational Fonds v. Newpark Resources Inc.
Order
Civil Procedure Jun. 12, 2001
Ogden v. J.M. steel Erecting, Inc.
Defendants entitled to new trial when jury disregards parties stipulation that non-party proximately caused injuries and allocates 100 percent of fault to defendants.
Civil Procedure Jun. 12, 2001
Silver Sage Partners Ltd. v. City of Desert Hot Springs
Verdict supported by substantial evidence must be reinstated and Fair Housing Act allows injunctive relief without proving likelihood of future violations.
Civil Procedure Jun. 11, 2001
Howard Jarvis Taxpayers Association v. City of La Habra
Statute of limitations for taxation claim against city commences to run on the date the tax ordinance enacted.
Civil Procedure Jun. 4, 2001
In re the matter of Firestorm
Court has discretion to protect settlement funds in class action to ensure that all class members are treated equitably.
Civil Procedure May 28, 2001
Burns-Vidlak v. Chandler
Trial court's order, denying State's partial summary judgment motion, is unappealable under collateral order doctrine.
Civil Procedure May 24, 2001
Breakzone Billiards v. City of Torrance
Councilman's notice of appeal provides sufficient notice of grounds upon which an appeal to the granting of conditional use permit is taken.
Civil Procedure May 24, 2001
Daniels v. Philip Morris Co.
Each member of class action suit must meet element in controversy requirement, despite Judicial Improvement Act's creation of supplemental jurisdiction.
Civil Procedure May 24, 2001
Mora v. Phoenix Indemnity Insurance Co.
Insurer does not forfeit right to intervene in damages hearing when it breaches its duty to give equal consideration to settlement offer.
Civil Procedure May 23, 2001
Major League Baseball Players Assoc. v. Garvey
Court of appeals errors in overturning arbitrator's award because it disagreed with arbitrator's factual findings.
Civil Procedure May 23, 2001
Pounds v. Department of Interior
Order
Civil Procedure May 23, 2001
Wilkins v. Colorado Department of Social Services Division of Vacational Rehabilitation
Order
Civil Procedure May 23, 2001
Moore v. Whitman County
County must meet population requirements or choose compliance with Growth Management Act to come under jurisdiction of hearings board.
Civil Procedure May 22, 2001
Haywood v. Aranda
Plaintiffs cannot object to defendants' failure to file proof of service of request for trial after trial has taken place.
Civil Procedure May 22, 2001
United International Holdings v. The Wharf (Holdings) Limited
Substantial and non-frivolous federal claims permits court to exercise supplemental jurisdiction over related state claims.
Civil Procedure May 21, 2001
Kucera v. State of Washington
Court may not issue injunction limiting speed of passenger ferry without first finding that claimants had inadequate remedy at law.
Civil Procedure May 21, 2001
Broad v. Mannesmann Anlagenbau Ag
Service of process upon foreign party need not occur within 90 day statute of limitations if document is transmitted to central authority.
Civil Procedure May 21, 2001
Lockheed Martin Corp. v. Superior Court (Carrillo)
Class certification requires sufficient community of interest among class members seeking 'medical monitoring' from defendants that allegedly contaminated city's groundwater.
Civil Procedure May 20, 2001
Kirkham v. Smith
Misrepresentation claim under Franchise Investment Protection Act should be evaluated using preponderance of evidence standard rather than clear, cogent and convincing standard.
Civil Procedure May 20, 2001
Snohomish County v. Somers
Superior court lacks jurisdiction to hear petition alleging county failed to comply with Growth Management Act.
Civil Procedure May 18, 2001
Beeghly v. Mack (In re Beeghly)
Trial court may not enter default judgment for possession based solely on failure to post bond under forcible entry and detainer statute.
Civil Procedure May 18, 2001
General Electric Capital Auto Financial Services Inc. v. Superior Court (Harris)
Appellate division of superior court has jurisdiction to review small claims postjudgment order.
Civil Procedure May 18, 2001