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U.S. v. Able Time, Inc.
Despite untimely service of process, court has subject matter jurisdiction and must consider question of prejudice.
Civil Procedure Jul. 9, 2004
Cole v. U.S. District Court (TCI Media Services)
Petitioners' decision to bypass review of magistrate judge's decision before lower court results in denial of petition.
Civil Procedure Jul. 9, 2004
Lifescan Inc. v. Premier Diabetic Services Inc.
District court erred in compelling arbitration and ordering party to pay its pro-rata share of fees.
Civil Procedure Jul. 8, 2004
Coyle v. P.T. Garuda Indonesia
Federal court lacks jurisdiction to hear wrongful death claim arising out of plane crash in Indonesia.
Civil Procedure Jul. 8, 2004
Computer Task Group Inc. v. Brotby
Based on defendant's record of discovery abuses, court did not err in imposing terminating sanctions.
Civil Procedure Jul. 8, 2004
Dial 800 v. Fesbinder
Court had subject matter jurisdiction over interpleader action despite agreement between defendants to arbitrate dispute before Israeli religious tribunal.
Civil Procedure Jul. 2, 2004
Garabedian v. Los Angeles Cellular Telephone Co.
Court has independent duty to determine reasonableness of attorney fees despite language of settlement agreement.
Civil Procedure Jul. 2, 2004
Martinez v. Master Protection Corp.
Arbitration agreement was unconscionable, and court lacked authority to appoint alternative arbitrator.
Civil Procedure Jul. 2, 2004
HMS Capital Inc. v. Lawyers Title Co.
Denial of SLAPP motion was proper because party bringing malicious suit received favorable termination on merits of underlying suit.
Civil Procedure Jul. 2, 2004
Hernandez v. Superior Court (Neal)
Death of plaintiff's trial attorney constituted good cause to continue trial date and reopen discovery.
Civil Procedure Jul. 2, 2004
Ritchie v. Konrad
Protection order should not be automatically extended if there is opposition to the extension and no reasonable fear of future abuse.
Civil Procedure Jul. 2, 2004
Rezec v. Sony Pictures Entertainment Inc.
Moviegoers' lawsuit against studio for advertising fabricated reviews is not strategic lawsuit against public participation.
Civil Procedure Jul. 2, 2004
Martin v. Szeto
Code of Civil Procedure Section 1021.7 authorizes award of attorney fees in actions for libel and slander only in actions involving peace officers.
Civil Procedure Jul. 1, 2004
Regents of the University of California v. City and County of San Francisco
Public entity's action for refund of allegedly excessive water and sewer charges is time-barred.
Civil Procedure Jul. 1, 2004
Hydro-Mill Co. Inc. v. Hayward, Tilton & Rolapp Insurance Associates Inc.
Plaintiff's professional negligence suit against insurance broker is barred by statute of limitations.
Civil Procedure Jul. 1, 2004
Wagh v. Metris Direct Inc.
Dismissal of civil RICO action for failure to state claim was proper.
Civil Procedure Jun. 30, 2004
Rotec Industries Inc. v. Mitsubishi Corp.
District court correctly dismissed Robinson-Patman claim for lack of jurisdiction.
Civil Procedure Jun. 30, 2004
In re: Complaint of Judicial Misconduct
Chief Judge lacked jurisdiction to hear judicial misconduct complaint arising from district judge's decision to uphold complainant's termination of employment.
Civil Procedure Jun. 29, 2004
D-Beam Limited Partnership v. Roller Derby Skates Inc.
Court lacks jurisdiction to review claims of corporation that is represented pro se by majority shareholder.
Civil Procedure Jun. 29, 2004
Edwards v. Marin Park Inc.
Under Federal Rule of Civil Procedure 8(a), plaintiff's retaliation claim is sufficient to survive motion to dismiss.
Civil Procedure Jun. 29, 2004
Luong v. Circuit City Stores Inc.
Plaintiff's petition in federal court to vacate arbitration award is dismissed as award is less than amount required for diversity jurisdiction.
Civil Procedure Jun. 29, 2004
Anderson v. WoodCreek Venture Ltd.
Issue exists whether plaintiff voluntarily consented to magistrate judge's jurisdiction to enter judgment.
Civil Procedure Jun. 28, 2004
Pincay v. Andrews
Attorney's failure to file appeal due to error of law clerk is not excusable neglect.
Civil Procedure Jun. 28, 2004
Intel Corp. v. Advanced Micro Devices, Inc.
District court has power to order U.S. company to produce documents for use in proceeding in foreign tribunal.
Civil Procedure Jun. 22, 2004
Advanced Micro Devices Inc. v. Intel Corp.
Proceeding before European Commission for which discovery is sought qualifies as foreign or international tribunal under 28 U.S.C. Section 1782.
Civil Procedure Jun. 21, 2004
Southern Utah Wilderness Alliance v. Norton
District court has jurisdiction to decide whether Bureau of Land Management failed to comply with Federal Land Policy and Management Act.
Civil Procedure Jun. 21, 2004
Winn v. Killian
Federal court may review challenge to state law that provides tax credit for contributions that support parochial schools.
Civil Procedure Jun. 21, 2004
Altmann v. Republic of Austria
Facts alleged by heir of victim of Nazi art theft may establish taking in violation of international law that confers jurisdiction upon federal courts.
Civil Procedure Jun. 21, 2004
Marriage of Goddard
Trial result is binding despite failure to introduce evidence that party had notice of trial.
Civil Procedure Jun. 8, 2004
Grupo Dataflux v. Atlas Global Group
Postfiling change in citizenship cannot cure lack of subject matter jurisdiction that existed at time of filing in diversity action.
Civil Procedure May 25, 2004