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State v. Chapman
Foundation testimony isn't required to admit certified copies of driving record or order revoking driver's license.
Civil Procedure May 10, 2001
Rowe v. Vaagen Brothers Lumber Inc.
Defense's ex parte communication with two of plaintiff's expert witnesses warrants new trial.
Civil Procedure May 10, 2001
Giraud v. Quincy Farm and Chemical
Negligence claim against herbicide manufacturer is barred by three-year statute of limitations.
Civil Procedure May 10, 2001
Graham v. The Balcor Co.
Court clarifies earlier judgment to allow plaintiff to pursue state-law claims on their merits in district court.
Civil Procedure May 9, 2001
Nicholas v. Leavitt
Deadline of settlement agreement may be extended because state agency was in substantial non-compliance.
Civil Procedure May 9, 2001
Rodriguez v. IBP, Inc.
Plaintiff may be held in contempt and sanctions may be imposed for failure to comply with continuing duty to disclose.
Civil Procedure May 9, 2001
United National Insurance Co. v. R & D Latex Corp.
Insurance company's reimbursement claim is sufficiently independent under California law to trigger mandatory federal jurisdiction.
Civil Procedure May 9, 2001
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Court may make minor adjustments to injunction while appeal is pending if they preserve status quo.
Civil Procedure May 9, 2001
Oleszko v. State Compensation Insurance Fund
Federal psychotherapist-patient privilege extends to communications with non-licensed counselors employed by Employee Assistance Program.
Civil Procedure May 9, 2001
U.S. v. Mackby
Clinic owner found to have submitted false Medicare claims is entitled to reassessment of whether fines are excessive.
Civil Procedure May 9, 2001
U.S. v. Hughes Aircraft Co.
Court does not err in dismissing qui tam action for lack of subject matter jurisdiction.
Civil Procedure May 9, 2001
Beckman v. Washington
Service of conformed copies of final judgment to nonprevailing party is not required by law.
Civil Procedure May 9, 2001
Wells v. Olsten Corp.
Superior court has jurisdiction to review Industrial Insurance Appeal Board's denial of motion to vacate order closing worker's claim.
Civil Procedure May 9, 2001
Raymond v. Robinson
Court errs in dismissing claim for lack of personal jurisdiction when factors establish that long-arm statute applies and specific jurisdicion exists.
Civil Procedure May 9, 2001
Voohries-Larson v. Cessna Aircraft Co.
Appellants may not raise on appeal issues regarding erroneous jury instructions when they failed to object properly at trial.
Civil Procedure May 8, 2001
Assoc. of Washington Public Hospital Districts v. Philip Morris Inc.
Public hospital districts do not have antitrust or RICO standing when Tobacco Firms conduct did not proximately cause their claimed damages.
Civil Procedure May 8, 2001
Daviton v. Columbia/HCA Healthcare Corp.
Plaintiffs' disability discrimination complaint satisfies requirements of equitable tolling under California law.
Civil Procedure May 8, 2001
John Zink Comp. v. John Smith Zink; Zeeco, Inc.
Injunctions may not be challenged during civil contempt proceedings if earlier review of injunction was available to protesting party.
Civil Procedure May 8, 2001
Batterman v. Red Lion Hotels Inc.
When party provides no notice to opposition of default motion, and party has informally appeared, default judgment unauthorized.
Civil Procedure May 7, 2001
McNeil v. U.S.
Order
Civil Procedure May 7, 2001
Haynes v. Federal Aviation Administration
Order
Civil Procedure May 7, 2001
Kourlis v. Port
Jury trial not required when maximum sentence for contempt less than six months.
Civil Procedure May 7, 2001
Kratzer v. Colorado Intergovernmental Risk Share Agency
Failure to serve appropriate notice on governmental entity justified dismissal of state law tort claims.
Civil Procedure May 7, 2001
Theis Research v. Brown & Bain
Motion to vacate arbitration award no longer needs to be heard in same location as arbitration to comply with venue laws.
Civil Procedure May 7, 2001
Weitzel v. Division of Occupational
Abstention by federal court was proper in revocation of medical license case where physician's claim was still pending in state court.
Civil Procedure May 7, 2001
Stuhlbarg International Sales Co. Inc. v. John D. Brush and Co. Inc.
Court does not abuse discretion in issuing preliminary injunction when there is likelihood of success on merits and possibility of irreparable harm.
Civil Procedure May 7, 2001
Textile Unlimited Inc. v. A. BMH and Co. Inc.
Federal Arbitration Act does not require venue in contractually-designated arbitration locale for suit to enjoin arbitration.
Civil Procedure May 7, 2001
The Honorable Bob Schaeffer v. Clinton
Congressman lacks standing to challenge congressional cost of living adjustment increases in salary as violation of 27th Amendment.
Civil Procedure May 7, 2001
Qwest Communications Int'l Inc. v. FCC
Phone company has no standing to challenge FCC orders pertaining to number portability.
Civil Procedure May 7, 2001
Prefer v. PharmNetRx
Party from whom personal property is taken pursuant to replevin order is entitled to return of property upon dismissal of case.
Civil Procedure May 6, 2001