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Name Category Published
U.S. v. $80,180.00 in U.S. Currency
Civil Asset Forfeiture Reform Act's heightened burden of proof does not have retroactive effect to cases pending at time of its effective date. 		Civil Procedure Nov. 10, 2002
Jarrow Formulas Inc. v. Nutrition Now Inc.
Laches bars manufacturer of nutritional supplements from suing its competitor for false advertising under Lanham Act. 		Civil Procedure Nov. 7, 2002
Puget Sound Energy Inc. v. United States
Circuit court lacks jurisdiction to review lawsuit against energy agency filed more than 90 days after rate became final. 		Civil Procedure Oct. 29, 2002
Schnabel v. Lui
Lawsuit against individual partner for breach of agreement does not require joinder of partnership as party. 		Civil Procedure Oct. 29, 2002
Macomber v. Red Robin International Inc.
Court lacks jurisdiction to award attorney fees where no appeal was taken from post-judgment order denying fees. 		Civil Procedure Oct. 28, 2002
Konop v. Hawaiian Airlines Inc.
Court overturns grant of summary judgment in case where airline company management accesses pilot's Website under false pretenses. 		Civil Procedure Oct. 22, 2002
Miller v. Marriott International Inc.
Notice of appeal filed after judgment is announced is not effective until court determines subsequent Rule 60(b) motion. 		Civil Procedure Oct. 16, 2002
Robbins v. Wilkie
At pleading stage of civil RICO action, plaintiff is not required to plead with particularity to show standing. 		Civil Procedure Oct. 16, 2002
Floyd v. Ortiz
District court erred in ruling it lacked jurisdiction to review petition of prisoner seeking to enforce agreement with prison. 		Civil Procedure Oct. 16, 2002
Wander v. Kaus
There is no federal-question jurisdiction over lawsuit for damages brought under California's Disabled Person's Act. 		Civil Procedure Oct. 15, 2002
Abada v. Charles Schwab & Co.
District court lacks appellate jurisdiction over class action suit which was removed to state court. 		Civil Procedure Oct. 15, 2002
Rosenbluth International Inc. v. Superior Court (Serrano)
Individual plaintiff lacks standing to sue for unfair competition on behalf of large corporations. 		Civil Procedure Oct. 13, 2002
Hofler v. Aetna U.S. Healthcare of California Inc.
Widow suing HMO for husband's care properly received attorney fees for having case remanded to state court. 		Civil Procedure Oct. 10, 2002
National Union Fire Insurance Co. v. LSB Industries Inc.
Statute of limitations did not begin to run until a final premium is calculated based on express terms of agreement. 		Civil Procedure Oct. 10, 2002
Northwest Airlines Inc. v. Camacho
Malicious prosecution and abuse of process claims are claims for injuries to person and barred by statute of limitations for personal injury claims. 		Civil Procedure Oct. 10, 2002
Montoya v. Chao
Defendant failed to provide acceptable excuse for missing 30-day deadline to file discrimination suit. 		Civil Procedure Oct. 10, 2002
Hartsel Springs Ranch of Colorado Inc. v. Bluegreen Corp.
Action is not barred when corporation's successor-in-interest was not adequately represented in prior litigation. 		Civil Procedure Oct. 10, 2002
Plain v. Murphy Family Farms
Appellants are not entitled to new trial because they failed to timely appeal pretrial order denying them right to intervene. 		Civil Procedure Oct. 10, 2002
Akopyan v. Barnhart
Order issued under fourth sentence of 42 U.S.C. Section 405(g) terminates previous remand order and is final judgment for purposes of attorney fees. 		Civil Procedure Oct. 10, 2002
Mukhtar v. California State University Hayward
Defendant is entitled to new trial because court erroneously admitted testimony of expert witness without proper reliability determination. 		Civil Procedure Oct. 10, 2002
In re Canter ( Canter v. Canter)
Pursuant to writ of mandamus, court of appeals may review district court's otherwise interlocutory and unreviewable order withdrawing reference to bankruptcy court. 		Civil Procedure Oct. 10, 2002
People v. Cosgrove
Trial court's grant of directed verdict in case of mentally disordered offender constituted harmless error. 		Civil Procedure Oct. 8, 2002
Mycogen Corp. v. Monsanto Co.
Second lawsuit for breach of licensing agreement is barred by doctrine of res judicata. 		Civil Procedure Oct. 8, 2002
Central Delta Water Agency v. United States
Credible threat of harm to plaintiffs' crops is sufficient to constitute actual injury for standing purposes. 		Civil Procedure Oct. 8, 2002
Azer v. Connell
Medical laboratory is entitled to tolling of deadline to file civil rights lawsuit against agency that oversees Medi-Cal program. 		Civil Procedure Oct. 8, 2002
Oakland-Alameda County Coliseum Authority v. CC Partners
Broad arbitration clause requires arbitration of disputes 'arising out of or relating to' agreement and carve-out provision does not apply. 		Civil Procedure Oct. 7, 2002
Mount Diablo Medical Center v. Health Net of California Inc.
Language of choice-of-law clause is broad enough to include California law on subject of arbitrability. 		Civil Procedure Oct. 7, 2002
Navellier v. Sletten
Action based on defendant's counterclaims filed in prior and unrelated suit is one 'arising from' activity protected by anti-SLAPP statute. 		Civil Procedure Oct. 7, 2002
City of Cotati v. Cashman
City's state court action is not subject to special motion to strike where suit is based on constitutionality of city ordinance. 		Civil Procedure Oct. 7, 2002
Equilon Enterprises v. Consumer Cause Inc.
Defendant who moves under anti-SLAPP statute to strike cause of action, does not have to prove plaintiff's subjective intent. 		Civil Procedure Oct. 7, 2002
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