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Fiore v. Walden
Court has personal jurisdiction over DEA agent whose acts regarding falsified affidavit and delay in returning seized cash were expressly aimed at forum state.
Civil Procedure Aug. 8, 2012
Lee v. West Coast Life Insurance Co.
In dispute over life insurance policy, interpleader does not shield negligent stakeholder from tort liability for its creation of conflict over entitlement to interpleaded funds.
Civil Procedure Aug. 1, 2012
Rickley v. Goodfriend
In contempt proceeding, trial court must determine if attorney-client relationship exists between co-plaintiffs before deciding to award fees to pro se attorney.
Civil Procedure Jul. 31, 2012
Latif v. Holder
District court has jurisdiction over claim that government did not afford adequate opportunity to contest plaintiffs' apparent inclusion on no-fly list.
Civil Procedure Jul. 27, 2012
In re Midland National Life Insurance Co. Annuity Sales Practices Litigation
Presumption of access applies to judicial records despite connection with ‘Daubert’ motion because records were filed in relation with summary judgment motion.
Civil Procedure Jul. 26, 2012
Hester v. Vision Airlines Inc.
Court does not abuse discretion in striking answer and declaring default after considering sanctioned party’s willful disobedience and pointlessness of lesser sanctions.
Civil Procedure Jul. 19, 2012
City of Maywood v. Los Angeles Unified School District
Non-pecuniary motives do not disqualify public entity litigants from obtaining attorney fees pursuant to Code of Civil Procedure Section 1021.5.
Civil Procedure Jul. 19, 2012
Terenkian v. The Republic of Iraq
Foreign state is entitled to sovereign immunity where participation in United Nations program did not constitute commercial activity for purposes of immunity exception.
Civil Procedure Jul. 17, 2012
Dennis v. Kellogg Co.
Class action settlement that distributes remaining funds to charities is not proper under cy pres doctrine because goal of feeding indigent had nothing to do with underlying lawsuit.
Civil Procedure Jul. 16, 2012
Michelman v. Lincoln National Life Insurance Co.
Stakeholder must have good faith belief that colorable competing claims exist to avail itself of interpleader remedy.
Civil Procedure Jul. 13, 2012
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure Jul. 11, 2012
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management, LLC
‘Erie’ doctrine does not require federal court to follow state appellate court decision striking down statute under California Constitution.
Civil Procedure Jul. 11, 2012
Sotelo v. MediaNews Group Inc.
Class certification motion is properly denied because proposed class is not ascertainable when there is no objective means of determining whether individuals were class members.
Civil Procedure Jul. 5, 2012
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure Jun. 28, 2012
Coito v. Superior Court (State of California)
In wrongful death case, audio recordings of witness interviews, which were conducted by investigators employed by defendant's counsel, are protected by work product privilege.
Civil Procedure Jun. 26, 2012
Thayer v. Kabateck Brown Kellner LLP
Anti-SLAPP motion is properly granted where claims against attorneys arose from protected activity undertaken on behalf of actual clients represented in related litigation.
Civil Procedure Jun. 25, 2012
Direct Shopping Network LLC v. James
Collateral estoppel bars plaintiff from relitigating anti-SLAPP motion where court found that first motion was unsupported and allowed new evidence on second.
Civil Procedure Jun. 21, 2012
Azure Limited v. I-Flow Corp.
Advancing state of law does not transform private dispute over substantial economic losses into case in which attorney fees may be awarded for serving public interest.
Civil Procedure Jun. 21, 2012
Samantha C. v. State Dept. of Developmental Services
Prevailing party is entitled to attorney fees where her action affects numerous other applicants seeking services for developmental disabilities.
Civil Procedure Jun. 21, 2012
Garamendi v. Henin
Modifications to judgments are proper under Federal Rule of Civil Procedure Rule 60(a) where substantive reasoning of original judgment was unaltered.
Civil Procedure Jun. 19, 2012
Metabolic Research Inc. v. Ferrell
Order denying motion to dismiss based on anti-SLAPP statute does not justify immediate appeal because it can be reviewed through normal appellate process.
Civil Procedure Jun. 18, 2012
Oliveira v. Kiesler
Plaintiff is not permitted to obtain double recovery by obtaining judgment against law firm where she entered into good faith settlement with tortfeasors liable for same tort.
Civil Procedure Jun. 17, 2012
Cinel v. Barna
Motion to compel arbitration is correctly denied where parties waived arbitration agreement by refusing to agree on how to pay arbitration fees.
Civil Procedure Jun. 17, 2012
Oak Springs Villas Homeowners Association v. Advanced Truss Systems Inc.
Good faith settlement order cannot be appealed by non-settling party on final judgment grounds where party failed to first file writ.
Civil Procedure Jun. 14, 2012
Harris v. Rand
U.S. Supreme Court decision in 'Hertz Corp. v. Friend' does not impose heightened requirement that complaint plead corporate party's ‘nerve center’ is in particular place.
Civil Procedure Jun. 13, 2012
Harris v. County of Orange
Lawsuit is not barred on grounds of claim preclusion where plaintiffs in second action sought remedy that was unavailable to party in prior case.
Civil Procedure Jun. 10, 2012
Sourcecorp Inc. v. Shill
Once debtor has had 30 days to pay for necessities out of exempt earnings, any remainder becomes available to satisfy outstanding obligation to judgment creditor.
Civil Procedure Jun. 6, 2012
Iskanian v. CLS Transportation Los Angeles LLC
In light of 'Concepcion,' arbitration agreement containing class action waiver is enforceable where arbitration agreement is found to be neither procedurally not substantively unconscionable.
Civil Procedure Jun. 4, 2012
Healdsburg Citizens for Sustainable Solutions v. City of Healdsburg
Award of attorney fees to petitioner for her work in defending CEQA action is proper under private general doctrine within Code of Civil Procedure Section 1021.5.
Civil Procedure Jun. 4, 2012
Khazan v. Braynin
Interest on attorney fee award runs from date of award on remand where judgment was effectively reversed, rather than modified, and not date of original judgment.
Civil Procedure May 31, 2012