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Name Category Published
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
Nalder v. West Park Hospital
Among other things, ordering plaintiffs to strike two expert witnesses isn't error when court's order does not undermine plaintiffs' case. 		Civil Procedure Sep. 10, 2001
Turnbull v. Topeka State Hospital
Psychologist makes cognizable claim of sexual harassment occurring at state mental health center. 		Civil Procedure Sep. 10, 2001
Green v. City of Tucson
Abstention doctrine does not apply to non-parties to state court litigation even though they could have intervened in state court case. 		Civil Procedure Sep. 9, 2001
Utah Association of Counties v. Clinton
Intervenors who demonstrate motion was timely, an interest relating to the property, and that their interest may be impaired, should be allowed to intervene. 		Civil Procedure Sep. 9, 2001
Hope v. Larry's Markets
Where employer knew cleaners caused injury and remedial measures were ineffective, summary judgment of employee's suit was improper. 		Civil Procedure Sep. 9, 2001
Sky Fun 1 v. Schuttloffel
Airline Pilot Hiring and Safety Act liability limitation doesn't pre-empt state law defamation action not based on employer's records. 		Civil Procedure Sep. 6, 2001
Hoffler v. Colorado Department of Corrections
Grants of immunity from civil suit to state-employee witness in quasi-judicial proceeding doesn't prevent disciplinary proceeding against witness. 		Civil Procedure Sep. 6, 2001
Fairchild v. Park
Tenant who successfully sued landlord for failing to provide habitable house is entitled to attorney fees. 		Civil Procedure Sep. 6, 2001
Robertson v. Superior Court (Brooks)
Although Civil Code underlies right being asserted, it doesn't lessen applicability of statutes of limitations in Code of Civil Procedure for real property actions. 		Civil Procedure Sep. 6, 2001
USA Leasing v. Montelongo
Motion for summary judgment must be accompanied by affidavits establishing no genuine issue of material fact. 		Civil Procedure Sep. 5, 2001
Chartier v. Weinland Homes
Only pre-offer attorney fees should be included when comparing recovery to settlement offer for purposes of assessing costs. 		Civil Procedure Sep. 5, 2001
Nguyen v. Department of Health Medical Quality Assurance Commission
Due process clause of U.S. Constitution requires proof by clear and convincing evidence in medical disciplinary proceeding. 		Civil Procedure Sep. 4, 2001
Rudolph v. Empirical Research Systems Inc.
Trial court lacked authority to entertain motion to compel discovery because counsel failed to meet conference and certification requirements. 		Civil Procedure Aug. 28, 2001
Bishop v. Jefferson Title Co. Inc.
Plaintiff produced sufficient evidence showing real estate closing officer exceed scope of limited practice of law, thereby precluding summary judgment. 		Civil Procedure Aug. 28, 2001
Gritchen v. Collier
Citizen fails to state claim when police officer wasn't acting under color of state law in threatening defamation suit. 		Civil Procedure Aug. 24, 2001
Ordonez v. Johnson
Court abuses discretion in dismissing complaint for failure to timely file when petitioner constructively filed first amended complaint five days before deadline. 		Civil Procedure Aug. 24, 2001
Herman Family Revocable Trust v. Teddy Bear
In case where federal district court found it lacked admiralty jurisdiction, it also lacked supplemental jurisdiction over state law claims. 		Civil Procedure Aug. 24, 2001
Calhoun v. Stahl
Denial to proceed in forma pauperis is proper where accused parties are immune from suit. 		Civil Procedure Aug. 24, 2001
Garrett v. Stratman
Appeals court lacks jurisdiction to review summary judgment on qualified immunity matter decided solely on sufficiency of evidence. 		Civil Procedure Aug. 24, 2001
Bowen v. Amoco Pipeline Co.
Among other things, parties may not contract for expanded judicial review of arbitration awards. 		Civil Procedure Aug. 24, 2001
City of Los Angeles v. Kaiser International
Court lacks jurisdiction to hear interlocutory appeal when party failed to obtain certification from district court. 		Civil Procedure Aug. 24, 2001
S.V. v. Sherwood School District
Tuition-reimbursement claim brought pursuant to Individuals with Disabilities Education Act is governed by two-year statute of limitations. 		Civil Procedure Aug. 24, 2001
Breed v. Hughes Aircraft Company
Federal Circuit court has exclusive jurisdiction over complaint that includes patent law claim. 		Civil Procedure Aug. 23, 2001
John Roe #2 v. Ogden
Law school graduates who have not yet taken bar exam are entitled to file lawsuit challenging questions on bar application. 		Civil Procedure Aug. 23, 2001
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