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Barker v. Brown & Williamson Tobacco Corp.
Amendments to Civil Code in 1997 revoking tobacco company's immunity do not revive wrongful death action otherwise barred by statute of limitations.
Civil Procedure May 18, 2001
Jun v. Myers
Court does not have discretion to deny motion to sue receiver and motion to intervene in underlying action by determining claim lacks merit.
Civil Procedure May 18, 2001
Cox v. Spangler
Under 'collateral source rule' court can exclude evidence of plaintiff's receipt of industrial insurance benefits for injuries sustained in prior accident.
Civil Procedure May 17, 2001
Dupont v. Dupont
Interest on support obligation payable in installments accrues when installment becomes due and not on entire amount from date of entry.
Civil Procedure May 17, 2001
Condee v. Longwood Management Corp.
Arbitration agreement must be shown to exist for petition to compel arbitration, but it need not be authenticated before enforceability is determined.
Civil Procedure May 17, 2001
Grynberg Production Corp. v. Godfrey
Order
Civil Procedure May 16, 2001
Tri-West Insurance Services Inc. v. Seguros Monterey Aetna
Personal jurisdiction can't be asserted over Mexican insurer that provides coverage for goods transported by Mexican clothing manufacturer to California.
Civil Procedure May 16, 2001
Shalala v. Illinois Council on Long Term Care Inc.
Challenge to Medicare regulations must be reviewed through special administrative channels, not by federal courts.
Civil Procedure May 16, 2001
Wilner v. Sunset Life Insurance Co.
Court may not sustain insurance company's demurrer to class action lawsuit when insured's complaint adequately alleges existence of ascertainable class and community of interests.
Civil Procedure May 16, 2001
Wagner v. City of South Pasadena (Landmark Theatre Corp.)
Summons is deemed served on date written acknowledgment of receipt is executed, not on date of mailing.
Civil Procedure May 16, 2001
Brush Wellman Inc. v. Lee (Stoecker)
Once party has exercised right to a peremptory change of judge, that right is not renewed upon remand after appeal.
Civil Procedure May 16, 2001
TCI Group Life Insurance Plan v. Knoebber
Default judgment is improper where defendant fails to respond to complaint due to extenuating circumstances and public policy favors decision on merits.
Civil Procedure May 16, 2001
Owens v. Kaiser Foundation Health Plan
Res judicata is properly invoked although plaintiffs did not receive 'right to sue' letters until after case had been dismissed with prejudice.
Civil Procedure May 16, 2001
U.S. v. Morrison
Federal statute that provides civil remedy for victims of gender-motivated violence is unconstitutional.
Civil Procedure May 15, 2001
Estrada v. Speno & Cohen
Court does not abuse discretion by ordering default judgment against party that willfully, repeatedly and persistently disobeyed court orders.
Civil Procedure May 15, 2001
Albano v. Norwest Financial Hawaii Inc.
After default judgment of foreclosure is entered, subsequent truth-in-lending claim against mortgagor is barred by res judicata.
Civil Procedure May 15, 2001
Judd v. University of New Mexico
Courts lacks jurisdiction over premature notice of appeal where order is subject to objections.
Civil Procedure May 15, 2001
Rodgers v. Wyoming Attorney General
Certificate of probable cause and of appealability are equivalent to notice of appeal when filed in compliance with federal appellate procedure.
Civil Procedure May 15, 2001
Wolfkill Feed and Fertilizer Corp. v. Martin
When not required by arbitration rules, judge's refusal to recuse himself or impose sanctions is not abuse of discretion.
Civil Procedure May 14, 2001
City of Moses Lake v. Grant County Boundary Review Board
Writ of prohibition only appropriate when state acting outside its jurisdiction and injured party does not have access to adequate legal remedy.
Civil Procedure May 14, 2001
Goggeil v. Okanogan County Mental Health Agency
Complaint against county must be brought in that county or two nearest judicial districts.
Civil Procedure May 14, 2001
Wood v. Lowe
Trial court properly denies request for attorney fees, costs and sanctions for denial of an alleged public records request.
Civil Procedure May 13, 2001
Robertson v. State of Washington Liquor Control Board
Federal Aviation Administration Authorization Act does not pre-empt state cigarette excise tax and seizure laws.
Civil Procedure May 13, 2001
Pederson v. Potter
Confession of judgment is 'final judgment on merits' for purpose of dismissing a claim based on res judicata.
Civil Procedure May 13, 2001
Era Sun River Realty Inc. v. Tri City Association of Realtors Inc.
Realtor waives right to subpoena witnesses by failing to request subpoena, voluntarily electing to proceed without them and stipulating hearing was fair.
Civil Procedure May 13, 2001
Mabe v. The Honorable Richard White
Superior Court does not have authority to adopt Local Writ Practice Rule that is inconsistent with statutory directives.
Civil Procedure May 13, 2001
Robinson v. Avis Rent a Car System
Summary judgment proper when consumers fail to carry their burden at trial to show genuine issue of material fact exists.
Civil Procedure May 13, 2001
Svob v. Bryan (In re Bryan)
Summary judgment erroneous when court faced with genuine issue of material fact as to when complaint placed in drop box.
Civil Procedure May 11, 2001
State of Washington v. Breazeale
Superior court has personal and subject matter jurisdiction in action to compel state patrol to seal criminal records.
Civil Procedure May 11, 2001
Schwartz v. Douglas
Relation-back doctrine applies to amended complaint when plaintiffs are unaware of defendant's death at time of service of original complaint.
Civil Procedure May 10, 2001