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Sharma v. Vigil
Trial court entitled to hold evidentiary hearing to determine merits of motion for new trial.
Civil Procedure Sep. 3, 1998
In re Grand Jury Proceedings
Corporate officer can try to show attorney-client privilege when communications deal with personal liability.
Civil Procedure Sep. 2, 1998
Habernehl v. Potter
Federal court sitting in diversity jurisdiction, must apply state statute of limitations period to suit.
Civil Procedure Aug. 27, 1998
Schwartz v. Arizona Primary Care Physicians
Arizona's savings statutes give a party an absolute right to refile a case, if it's dismissed for insufficiency of process.
Civil Procedure Aug. 26, 1998
National Association for the Advancement of Colored People v. Tucker
Order
Civil Procedure Aug. 17, 1998
Anserv Insurance Services Inc. v. Albrecht (King)
Two volume, 425-page complaint violates rule requiring 'short and plain statement of case.'
Civil Procedure Aug. 5, 1998
Reliance Insurance Co. v. Mast Construction Co.
Restraining order enjoining use of bank accounts is valid although accounts aren't specifically listed.
Civil Procedure Aug. 3, 1998
Regency Health Services Inc. v. Superior Court (Settles)
Guardian ad litem has duty and authority to verify interrogatory responses on behalf of incompetent plaintiff.
Civil Procedure Jul. 29, 1998
Baumohl v. FHP Inc.
Absent stipulation, court may not delegate motions for summary adjudication to referee.
Civil Procedure Jul. 29, 1998
Smith v. Rogers Galvanizing Co.
No abuse of discretion where court reopened case on issue of damages and attorneys' fees.
Civil Procedure Jul. 23, 1998
Farmers Insurance Co. v. Tallsalt
Party that wins judgment on appeal from zero arbitration award avoids other party's costs and fees.
Civil Procedure Jul. 22, 1998
Sheppard v. Crow-Barker-Paul No.1 Limited Partnership
Proposed jury instruction involving building code is improper where standard is set by statute.
Civil Procedure Jul. 17, 1998
Murillo v. Fleetwood Enterprises Inc.
Song-Beverly Consumer Warranty Act does not expressly preclude award of costs to prevailing defendants.
Civil Procedure Jul. 13, 1998
Universal Resources Corporations v. Ledford
If a predecessor in interest was a nominal party in the prior litigation, then res judicata doesn't bar the claim.
Civil Procedure Jul. 8, 1998
Okland Oil Company v. Conoco Inc.
Order
Civil Procedure Jul. 8, 1998
Hassan v. Allen
Order
Civil Procedure Jul. 8, 1998
OMI Holdings Inc. v. Royal Insurance Co. of Canada
Despite minimum contacts, exercise of personal jurisdiction over foreign insurers is improper.
Civil Procedure Jul. 2, 1998
Anserv Insurance Services Inc. v. Albrecht (King)
Two volume, 425-page complaint violates rule requiring 'short and plain statement of case.'
Civil Procedure Jul. 2, 1998
Pindus v. Fleming
Restrictions on the manner in which pleadings re filed in a complex class action are in court's discretion.
Civil Procedure Jun. 25, 1998
Bohrer v. DeHart
Error on special verdict forms is harmless where evidence shows jury apportioned fault correctly.
Civil Procedure Jun. 22, 1998
Double v. United States of America
Order
Civil Procedure Jun. 19, 1998
Rodrock v. Foulston
Order
Civil Procedure Jun. 18, 1998
DeLoach v. Alfred (Hamblin)
Absent exceptional circumstances, a forum state should apply its own statute of limitations.
Civil Procedure Jun. 12, 1998
Hoyman v. Coffin
Statutory limitation on wage garnishment doesn't apply where debtor conceals assets.
Civil Procedure Jun. 12, 1998
Robbalaa v. United States of America
Order
Civil Procedure Jun. 12, 1998
The Reynold and Reynolds Company v. Eaves
Order
Civil Procedure Jun. 11, 1998
Dalrymple v. Grand River Dam Authority
Appellate court can't review remand order if district court's decision is based on subject matter jurisdiction.
Civil Procedure Jun. 5, 1998
La Galleria Condominium Owners' Assoc. v. Wells Fargo Bank N. A.
Award of attorney fees to defendant as prevailing party after plaintiff's voluntary dismissal is error.
Civil Procedure Jun. 5, 1998
Lanier v. American Consumer Products Inc.
Order
Civil Procedure Jun. 4, 1998
Desert Wide Cabling & Installation Inc. v. Wells Fargo & Co.
Court has no jurisdiction to attach account in out-of-state branch of interstate bank.
Civil Procedure May 21, 1998