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Hunt v. Imperial Merchant Services Inc.
District court may require class action defendant to pay notification costs where defendant's liability already determined.
Civil Procedure Apr. 1, 2009
Muller v. Fresno Community Hospital & Medical Center
Collateral order doctrine permits appeal of order denying motion for sanctions where no payment of money or performance of act is required.
Civil Procedure Mar. 31, 2009
Tanoh v. Dow Chemical Co.
State court actions of less than 100 plaintiffs where defendant proposed joint trial not removable per Class Action Fairness Act.
Civil Procedure Mar. 31, 2009
Cadlo v. Metalclad Insulation Corp.
Defendants are jointly and severally liable for prejudgment interest accruing on judgment amount pursuant to Section 3291.
Civil Procedure Mar. 31, 2009
Swift v. Superior Court
Judge improperly strikes peremptory challenge seeking his disqualification.
Civil Procedure Mar. 30, 2009
United States Fire Insurance Co. v. Sheppard, Mullin, Richter, Hampton
Protected activity incidental to conflict of interest cause of action does not warrant motion to strike under anti-SLAPP statute.
Civil Procedure Mar. 30, 2009
Bruns v. E-Commerce Exchange Inc.
Trial court errs by dismissing class action where partial stays not included in calculation of five year statute of limitations.
Civil Procedure Mar. 25, 2009
Guimei v. General Electric Co.
China properly found to be suitable alternative forum in case involving airplane crash.
Civil Procedure Mar. 25, 2009
Anschutz Entertainment Group Inc. v. Snepp
Order denying special motion to strike plaintiff's second complaint is improper.
Civil Procedure Mar. 24, 2009
Spanair S.A. v. McDonnell Douglas Corp.
Jurisdiction is not transferred back to state court until federal district court clerk mails remand order to superior court clerk.
Civil Procedure Mar. 23, 2009
International Union of Operating Engineers v. County of Plumas
County not barred from seeking removal of case to state court on appeal after previously removing action to federal court.
Civil Procedure Mar. 23, 2009
321 Henderson Receivables Origination LLC v. Tomahawk
Court erred by not allowing factoring company to voluntarily dismiss SSTA petition under Section 581.
Civil Procedure Mar. 20, 2009
Colwell v. Dept. of Health and Human Services
Suit challenging translator requirement for patients with limited English proficiency is dismissed for lack of prudential ripeness.
Civil Procedure Mar. 19, 2009
321 Henderson Receivables Origination LLC v. Ramos
Trial court errs when in finding that petitioner could not voluntarily dismiss petition under Structured Settlement Transfer Act.
Civil Procedure Mar. 19, 2009
Szynalski v. Superior Court (Rosenthal & Co. LLC)
Party consents to personal jurisdiction by obtaining approval of settlement from California court.
Civil Procedure Mar. 17, 2009
United States Fire Insurance Co. v. Sheppard, Mullin, Richter, Hampton
Protected activity incidental to conflict of interest cause of action does not warrant motion to strike under anti-SLAPP statute.
Civil Procedure Mar. 13, 2009
HealthMarkets Inc. v. Superior Court (Berman)
Specific personal jurisdiction over parent company based on subsidiary’s activities is appropriate only if parent purposefully directed activities within state.
Civil Procedure Mar. 11, 2009
Le v. Astrue
Failure to include court's grant of summary judgment as subject in notice of appeal is not jurisdictional bar to appeal.
Civil Procedure Mar. 11, 2009
Christensen v. Smith
Appeal from adverse arbitration decision not allowed where parties' agreement lacks specific provisions providing for such review.
Civil Procedure Mar. 10, 2009
Vaden v. Discover Bank
Federal court may not enforce arbitration clause brought by 9 U.S.C. Section 4 filing where entire controversy does not fall under proper jurisdiction.
Civil Procedure Mar. 10, 2009
Kansas v. Colorado
Assuming absolute discretion, 28 U.S.C. Section 1821(b) applies to fee determination for cases arising under original jurisdiction.
Civil Procedure Mar. 10, 2009
Anschutz Entertainment Group Inc. v. Snepp
Order denying special motion to strike plaintiff's second complaint is improper.
Civil Procedure Mar. 5, 2009
Tortu v. Las Vegas Metropolitan Police Department
Rule 50(b) motion considered only if Rule 50(a) motion is filed before case is submitted to jury.
Civil Procedure Mar. 4, 2009
GeneThera Inc. v. Troy & Gould Professional Corp.
Attorney's communication of settlement offer to opposing counsel is protected activity subject to absolute litigation privilege.
Civil Procedure Mar. 3, 2009
Christensen v. Smith
Appeal from adverse arbitration decision not allowed where parties' agreement lacks specific provisions providing for such review.
Civil Procedure Mar. 3, 2009
Anschutz Entertainment Group Inc. v. Snepp
Order denying special motion to strike plaintiff's second complaint is improper.
Civil Procedure Feb. 27, 2009
Bak v. MCL Financial Group Inc.
Sanctions order is proper where objector subjected himself to jurisdiction of arbitration panel and copied privileged material before returning it to plaintiffs.
Civil Procedure Feb. 27, 2009
Alshafie v. Lallande
Trial court errs by not providing plaintiff ordered to file undertaking opportunity to establish indigence.
Civil Procedure Feb. 26, 2009
Luberski Inc. v. Oleficio F.LLI Amato S.R.L.
Court has specific jurisdiction over Italian entity where subject of dispute is alleged nondelivery of olive oil to California.
Civil Procedure Feb. 25, 2009
Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd.
Contractual extension of Carriage of Goods by Sea Act to inland rail leg of overseas shipment does not overcome Carmack Amendment.
Civil Procedure Feb. 19, 2009