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Westside Hospital v. Belshe
Agency's 'final decision' is issued when adopted, not when mailed.
Civil Procedure Feb. 26, 1999
U.S. Golf Assn. v. Arroyo Software
Where there is no prevailing party, trial court doesn't abuse its discretion by not awarding costs.
Civil Procedure Feb. 26, 1999
REO Broadcasting Consultants v. Martin
Appeal from Labor Commissioner's decision filed after 10-day time limit can't be heard regardless of excuse.
Civil Procedure Feb. 26, 1999
Westamco Investment Company v. Lee
It's unnecessary to plead civil conspiracy before bringing malicious prosecution action against an attorney.
Civil Procedure Feb. 26, 1999
Silver v. McNamee
Notice of intent to sue by service by mail is sufficient to invoke statutory provision tolling the suit's statute of limitations.
Civil Procedure Feb. 26, 1999
Eckert v. The Superior Court of San Diego County (Tebo)
Once motions in limine are filed, trial has commenced and judge isn't required to stay trial pending disqualification motion.
Civil Procedure Feb. 26, 1999
United States v. Puzo
Civil forfeiture of monies seized, after defendant pleaded to making false statements, isn't double jeopardy.
Civil Procedure Feb. 26, 1999
Martin v. Punches
Order
Civil Procedure Feb. 24, 1999
Burlesci v. Petersen
In multiple tort action, nonsuit is proper only when there is insufficient evidence to support each allegation.
Civil Procedure Feb. 24, 1999
Dry v. CFR Court of Indian Offenses for the Choctaw Nation
Defendant's satisfy requirements to seek habeas corpus relief by being charged and released pending trial.
Civil Procedure Feb. 23, 1999
Henderson v. Soares
Order
Civil Procedure Feb. 23, 1999
Olde Discount Corporation v. Hubbard
Order
Civil Procedure Feb. 23, 1999
Carlson v. State of California Department of Fish and Game
State law, not local rule, controls when determining effective filing date for complaint.
Civil Procedure Feb. 21, 1999
Coleman v. Storage Technology Corporation
Order
Civil Procedure Feb. 19, 1999
Prize Frize Inc. v. Matrix (U.S.) Inc.
Claims that aren't based on rights granted under U.S. patent laws aren't required to be heard in the Federal Circuit.
Civil Procedure Feb. 18, 1999
In re Michael Kennedy
Order
Civil Procedure Feb. 10, 1999
McCarthy v. Johnson
Order
Civil Procedure Feb. 4, 1999
Columbia Parcar Corp. v. Arizona Department of Transportation
Ruling remanding matter for new hearing on the merits doesn't entitle party to attorney fees.
Civil Procedure Jan. 26, 1999
In the Matter of Forty-Seven Thousand Six Hundred Eleven Dollars and Thirty-One Cents (47,611.31) U.S. Currency
Claimant has five additional days to file claim when state mails notice of pending forfeiture.
Civil Procedure Jan. 22, 1999
Morgan v. The Honorable Foreman
Time to answer in change of venue motion runs from date of acceptance of service.
Civil Procedure Jan. 13, 1999
Mitchell v. Gencorp Inc.
Expert testimony that scientific data doesn't support can't be admitted to prove causation..
Civil Procedure Jan. 8, 1999
BCAZ Corporation v. Helgoe
Abuse of discretion to dismiss case without giving adverse party an opportunity to assert procedural rights.
Civil Procedure Jan. 4, 1999
U.S. v. Brown
Court has subject matter jurisdiction where defendant pleads guilty to charges in indictment.
Civil Procedure Dec. 31, 1998
Skaggs v. Otis Elevator Company
A juror's intentional dishonest answers during voir dire does not constitute actual or implied bias.
Civil Procedure Dec. 30, 1998
Luchanski v. Congrove
Law enforcement officer not liable for arrestee's injuries unless intentional or officer was grossly negligent.
Civil Procedure Dec. 29, 1998
Bettcher v. Valdez
Colorado Rules of Civil Procedure concerning garnishment afford adequate due process protections to judgment creditor.
Civil Procedure Dec. 24, 1998
Karnes v. SCI Funeral Services Inc.
Preponderance of the evidence is valid standard for the burden of proof for punitive damages under federal law.
Civil Procedure Dec. 17, 1998
U.S. v. 1171 Bandera Road
Order
Civil Procedure Dec. 17, 1998
Open Primary Elections Now v. Bayless
Challenge to Secretary of State's decertification of circulator must be brought within ten days.
Civil Procedure Dec. 16, 1998
Boydston v. Strole Development Company
Defective notice of appeal filed by non-lawyer on behalf of company doesn't automatically nullify the appeal.
Civil Procedure Dec. 16, 1998