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Samuels v. Mix
Attorney has burden of proving that client discovered alleged malpractice more than one year before suit.
Civil Procedure Oct. 9, 2000
Wilcox v. Birtwhistle
Court-ordered deemed admissions may be withdrawn or amended at court's discretion under certain circumstances.
Civil Procedure Oct. 9, 2000
Vandenberg v. Superior Court (Centennial Insurance Co.)
Collateral estoppel doesn't prevent party to private, nonjudicial arbitration from relitigating issue against nonparty.
Civil Procedure Oct. 8, 2000
Mitchell v. Asbestos Corporation
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit.
Civil Procedure Oct. 8, 2000
Adler v. The Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act.
Civil Procedure Oct. 5, 2000
Bass v. First Pacific Networks Inc.
Where supersedeas bond is issued pursuant to Federal Rules, federal law regarding recoverability of attorney fees applies.
Civil Procedure Oct. 5, 2000
Bateman v. U.S. Postal Service
Attorney 's negligent failure to meet filing deadline is excusable neglect, relieving client of final judgment that grants opposing party's motion for summary judgment.
Civil Procedure Oct. 5, 2000
Adler v. Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act.
Civil Procedure Oct. 4, 2000
Mitchell v. Asbestos Corporation Ltd.
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit.
Civil Procedure Oct. 3, 2000
Jones v. Great Southern Life Insurance Co.
Order
Civil Procedure Oct. 3, 2000
United States v. Philip Morris Inc.
Government fails to demonstrate that tobacco's company participation in conspiracy establishes personal jurisdiction.
Civil Procedure Oct. 2, 2000
Groom v. Health Net
HMO's participation in litigation by way of demurrers does not waive its right to compel arbitration in health plan contract absent prejudice to insured.
Civil Procedure Sep. 28, 2000
Dept. of Water and Power v. Superior Court (Dzhibinyan)
Court improperly grants complainant relief from failure to timely present tort claim against DWP.
Civil Procedure Sep. 28, 2000
Maher v. Saad
Court grant of new trial presupposes that whole record was considered, and will not be disturbed unless inspection of record proves otherwise.
Civil Procedure Sep. 28, 2000
Schreiber v. Estate of Kiser
Treating physician, designated as expert witness, isn't precluded from testifying at trial if no expert witness declaration is submitted on his behalf.
Civil Procedure Sep. 26, 2000
Broughton v. Cigna Healthplans of California
Claim for damages brought under Consumer Legal Remedies Act may be arbitrated, but claim for injunctive relief under the Act may not.
Civil Procedure Sep. 25, 2000
American Assn. of Naturopathic Physicians v. Hayhurst
Party who raises only one defense in motion to vacate default judgment waives all other defenses.
Civil Procedure Sep. 22, 2000
City and County of San Francisco v. Tijerino
Court-ordered blood test is not new or different fact or circumstance that justifies motion for reconsideration.
Civil Procedure Sep. 22, 2000
Briggs v. Eden Council for Hope and Opportunity
Grant of special motion to strike is incorrect when underlying conduct isn't matter of public concern.
Civil Procedure Sep. 21, 2000
Linder v. Thrifty Oil Co.
No class certification in Credit Card Act case absent community of interest and substantial benefit.
Civil Procedure Sep. 21, 2000
Linder v. Thrifty Oil Co.
Order denying class certification cannot stand when based upon improper judgment of case's legal merits and erroneous legal assumptions.
Civil Procedure Sep. 21, 2000
Au-Yang v. Barton
Court can't conduct trial in absence of party who received adequate notice of later trial date but not of new, earlier date.
Civil Procedure Sep. 20, 2000
Tarepen v. Mahaffey
Order
Civil Procedure Sep. 20, 2000
Richardson v. Albertson's Inc.
Order
Civil Procedure Sep. 20, 2000
Mercury Insurance Group v. Superior Court (Wooster)
Uninsured motorist and personal injury suits can be consolidated for arbitration but not trial de novo.
Civil Procedure Sep. 20, 2000
Lee v. Technology Integration Group
No knowing waiver requirement for enforcement of arbitration agreement as condition of employment for Title VII claims.
Civil Procedure Sep. 20, 2000
Ellsworth Motor Freight Lines Inc. v. North American Resources Inc.
Order
Civil Procedure Sep. 19, 2000
Chilcott Entertainment v. John G. Kinnard & Co.
Statute of limitations under federal arbitration act not tolled by filing of action in federal court.
Civil Procedure Sep. 19, 2000
Robinson v. Addison
Order
Civil Procedure Sep. 19, 2000
Mellon v. Cessna Aircraft Co.
Order
Civil Procedure Sep. 19, 2000