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Name Category Published
Lee v. American National Insurance Co.
Federal lawsuit does not need to be returned to state court despite lack of jurisdiction over one of multiple defendants. 		Civil Procedure Oct. 30, 2001
Seven Words LLC v. Network Solutions
Case is moot when injunctive or declaratory relief is no longer available and there was no timely claim for damages. 		Civil Procedure Oct. 30, 2001
Leetsch v. Freedman
Legal dispute properly dismissed from U.S. court because case could be resolved adequately in Germany. 		Civil Procedure Oct. 30, 2001
Waks v. Empire Blue Cross/ Blue Shield
State law claims arising from individual insurance policy, converted from group policy, are not pre-empted under ERISA. 		Civil Procedure Oct. 30, 2001
Gallagher v. Ingram
Court of appeals lacks jurisdiction to hear cases appealed from county courts to district courts. 		Civil Procedure Oct. 23, 2001
Schuman v. Dept. of Licensing
Department of Licensing improperly analyzed collateral estoppel element when affirming revocation of driver's license. 		Civil Procedure Oct. 21, 2001
Gibson v. Chrysler Corp.
Awarding sanctions after second failed attempt to remove class action to federal court was not proper because arguments were not frivolous. 		Civil Procedure Oct. 19, 2001
Lam v. Ngo
Among other things, denying anti-SLAPP suit motion based on prior granting of preliminary injunction and untimeliness was error. 		Civil Procedure Oct. 19, 2001
Guminski v. The Arizona State Veterinary Medical Examining Board
Court correctly dismisses complaint for judicial review of administrative decision as untimely. 		Civil Procedure Oct. 17, 2001
Nicolopulos v. City of Lawndale
Ousted elected official's exclusive remedy to reclaim position is quo warranto. 		Civil Procedure Oct. 15, 2001
Gamet v. Blanchard
Judgment of dismissal was abuse of discretion after finding party lacked notice and opportunity. 		Civil Procedure Oct. 15, 2001
City of Seattle Executive Service Dept. v. Visio Corp.
Collateral estoppel precludes Business and Occupation tax assessment against software company. 		Civil Procedure Oct. 14, 2001
Account Management Assoc. v. Sanglimsuwan
Foreclosure cannot be enforced against defendant who did not sign stipulation for judgment. 		Civil Procedure Oct. 9, 2001
Mackall v. Jalisco International, Inc.
Prevailing party entitled to award of costs even though all but one claim was resolved in favor of other party. 		Civil Procedure Oct. 2, 2001
Tripp v. Borchard
Judge which presided over settlement conference disqualified from presiding over subsequent legal malpractice case involving same case. 		Civil Procedure Oct. 2, 2001
Anheuser Busch, Inc. v. The Industrial Claim Appeals Office
Cost bond not required in appeal of decision of administrative agency ruling. 		Civil Procedure Oct. 1, 2001
Guillen v. Pierce County
Police collision and accident reports are discoverable because they weren't compiled for sole purpose of identifying and improving hazardous roadway. 		Civil Procedure Sep. 24, 2001
Shoop v. Kittitas County
Statutory amendment permits person who originally filed lawsuit in incorrect county to re-file. 		Civil Procedure Sep. 24, 2001
Ticknor v. Choice Hotels International Inc.
Federal Arbitration Act doesn't pre-empt arbitration clause in franchise agreement when clause is unenforceable as unconscionable under Montana law. 		Civil Procedure Sep. 23, 2001
Paine v. City of Lompoc
Court's generalizations that evidence supported going forward to trial against witness defendants wasn't supported by record. 		Civil Procedure Sep. 23, 2001
Reed v. Superior Court (Case Financial Inc.)
Motion to disqualify attorney that is still pending does not automatically require stay of all trial matters. 		Civil Procedure Sep. 20, 2001
Utility Cost Management v. Indian Wells Valley Water District
Claim for refund of excessive fees charged by utility company is not barred by the statute of limitations under Government Code Section 66022. 		Civil Procedure Sep. 19, 2001
Sommatino v. United States
District court doesn't have jurisdiction to consider Title VII claim when employee fails to file EEOC administrative complaint first. 		Civil Procedure Sep. 18, 2001
Western Surety Co. v. Bank of Southern Oregon
Summary judgment is proper where party failed to provide evidence of representation or falsity to support fraud claim. 		Civil Procedure Sep. 17, 2001
Demontiney v. United States
Neither United States nor Indian tribe waives its sovereign immunity in contract dispute with engineer over construction project on tribal land. 		Civil Procedure Sep. 17, 2001
Eott Energy Operating Limited Partnership v. Winterthur Swiss Insurance Co.
Subject matter jurisdiction in state court is proper after finding that Ireland based insurance company is not 'foreign state'. 		Civil Procedure Sep. 17, 2001
Environmental Protection Information Center Inc. v. Pacific Lumber Co.
Winning party deemed aggrieved by favorable judgment and, therefore, has standing on appeal when court rendered opinion knowing cause was moot. 		Civil Procedure Sep. 17, 2001
Abraham v. Norcal Waste Systems Inc.
When there isn't a basis for complete pre-emption under ERISA, there is no federal question subject matter jurisdiction to support removal. 		Civil Procedure Sep. 16, 2001
Baltayan v. Estate of Getemyan
Denial of relief for out-of-state indigent was improper when based upon favorable arbitration award to opponent. 		Civil Procedure Sep. 11, 2001
Wershba v. Apple Computer Inc.
Settlement agreement was fair and reasonable and court applied proper criteria in certifying nationwide class. 		Civil Procedure Sep. 11, 2001
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