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Name Category Published
Mossanen v. Monfared
Court errs in allowing plaintiff's counsel to withdraw where new attorney has not been retained and defendant's summary judgment motion is imminent. 		Civil Procedure Mar. 31, 2000
Brown v. Williams
Plaintiff is not entitled to relief from adverse arbitration award where her attorney fails to request trial de novo. 		Civil Procedure Mar. 31, 2000
Butcher v. Truck Insurance Exchange
Where reviewing court affirms lower court decision on first issue but doesn't consider second issue, decision on second issue has no preclusive effect. 		Civil Procedure Mar. 31, 2000
Wm. R. Clarke Corp. v. Safeco Insurance Co. of America
Where judgment debtor has equitable right to offset, postjudgment interest should be calculated before judgment debtor credits itself with the offset. 		Civil Procedure Mar. 31, 2000
Hill v. Blind Industries and Services of Maryland
Federal litigant cannot wait until opening day of trial to assert immunity under Eleventh Amendment. 		Civil Procedure Mar. 30, 2000
Franklin v. Terr
Under federal law, witness is not liable for civil damages for conspiring to present perjured testimony at trial. 		Civil Procedure Mar. 30, 2000
Seamons v. Snow
When enough documents are presented to suffice granting of summary judgment, evidentiary hearing is unnecessary. 		Civil Procedure Mar. 29, 2000
Intercon Inc. v. Bell Atlantic Internet Solutions Inc.
Delaware company's failure to stop action that affected Oklahoma company, after sufficient warning, establishes personal jurisdiction. 		Civil Procedure Mar. 22, 2000
Hooks v. State of Colorado
Order 		Civil Procedure Mar. 22, 2000
Hooks v. Colorado Lottery
Order 		Civil Procedure Mar. 22, 2000
Ben Ezra, Weinstein and Company Inc. v. America Online Inc.
Internet service provider is immune from lawsuit for providing access to inaccurate information. 		Civil Procedure Mar. 22, 2000
Bebo Construction Co. v. Mattox & OBrien
Claim for legal malpractice may be asserted against consulting firm that financed and supported law firm. 		Civil Procedure Mar. 22, 2000
United Phosphorus LTD v. Midland Fumigant Inc.
Award of attorney fees must be based on evidence of prevailing market rates, not judge's personal knowledge of rates. 		Civil Procedure Mar. 15, 2000
Alabama v. U.S. Department of Energy
Federal Circuit has exclusive jurisdiction over appeals under Economic Stabilization Act and Emergency Petroleum Act. 		Civil Procedure Mar. 15, 2000
Peay v. Bellsouth Medical Assistance Plan
Federal court has jurisdiction over medical plan and third-party administrator in action to determine medical benefits under ERISA. 		Civil Procedure Mar. 15, 2000
Fairmont Insurance Co. v. Superior Court of Riverside County (Stendell)
In case of mistrial, last date for completing discovery is 15 days before date initially set for new trial of action. 		Civil Procedure Mar. 3, 2000
Dodge v. Superior Court (Casper's Concrete Cutting Inc.)
Once 60-day period is triggered after losing party is served with notice of judgment, court is precluded from granting new trial. 		Civil Procedure Mar. 3, 2000
Canal Street Ltd. v. Sorich
Settlement agreement tolls five-year period to reduce action to judgment. 		Civil Procedure Mar. 3, 2000
Carlton v. Quint
Failure to prove insufficient service of process and improper notice of summary judgment hearing requires judgment be upheld. 		Civil Procedure Mar. 3, 2000
Carlton v. Quint
Failure to prove insufficient service of process and improper notice of summary judgment hearing requires judgment be upheld. 		Civil Procedure Mar. 3, 2000
Leslie v. Grupo Ica
Where evidence raises genuine issues of dispute, summary judgment is improper, despite trial court's disbelief of party's statements in deposition. 		Civil Procedure Mar. 3, 2000
First Nationwide Bank v. Mountain Cascade Inc.
Expert witness fees can't be included as attorney fees or recovered as 'necessary expense' under contract unless properly pled or proved. 		Civil Procedure Mar. 2, 2000
Korean Philadelphia Presbyterian Church v. California Presbytery
Issuance of injunction can't be based on future fears but rather actual evidence of realistic intent to engage in prohibited activity. 		Civil Procedure Mar. 2, 2000
Finks v. Longford Equipment International
Order 		Civil Procedure Mar. 2, 2000
Korean Philadelphia Presbyterian Church v. California Presbytery
Issuance of injunction can't be based on future fears but rather actual evidence of realistic intent to engage in prohibited activity. 		Civil Procedure Mar. 2, 2000
Lang v. Hochman
Defendant is not entitled to have action reinstated where both defendant and counsel engage in discovery misconduct. 		Civil Procedure Mar. 2, 2000
Estate of Beverly
Individual cannot be held in contempt and ordered incarcerated indefinitely unless record demonstrates that she has present ability to comply with court order. 		Civil Procedure Feb. 16, 2000
Hilgeman v. American Mortgage Securities Inc.
Punitive damages awarded under default judgment are improper where there is no record of testimony and documentary evidence to support award. 		Civil Procedure Feb. 9, 2000
Kerr v. Killian
Arizona Department of Revenue is aggrieved party entitled to appeal award of attorney fees. 		Civil Procedure Feb. 9, 2000
Barkus v. Kaiser
Order 		Civil Procedure Feb. 9, 2000
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