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Name Category Published
Tate v. Wilburn
Order denying motion for reconsideration is not appealable under Code of Civil Procedure Section 1008(b). 		Civil Procedure Apr. 30, 2010
Serrano v. Stefan Merli Plastering Co. Inc.
Plaintiffs are not entitled to attorney fees where litigation over deposition reporter fees did not clarify important public right that was infringed. 		Civil Procedure Apr. 30, 2010
Dukes v. Wal-Mart Inc.
District court properly certifies class where court made findings by looking beyond pleadings and avoiding unnecessary overlap with questions of merit. 		Civil Procedure Apr. 28, 2010
Stolt-Nielsen S.A. v. AnimalFeeds International Corp.
Arbitration panel exceeds powers by imposing own policy choice instead of identifying and applying applicable law. 		Civil Procedure Apr. 28, 2010
Primiano v. Cook
Medical testimony is admissible under 'Daubert' based on expert's background, experience and explanation of opinion. 		Civil Procedure Apr. 28, 2010
McGuigan v. City of San Diego
Parties are not 'opposing parties' where former defendant joined former plaintiff in defending against third party following settlement agreement. 		Civil Procedure Apr. 28, 2010
Shalant v. Girardi
Prefiling order requirement for vexatious litigant only applies to initiation of lawsuit, not prosecution of litigation. 		Civil Procedure Apr. 26, 2010
United States ex rel. Haight v. Catholic Healthcare West
Supreme Court decision, which set False Claims Act filing deadline at 30 days, retroactively applies to appeals filing, rendering it untimely. 		Civil Procedure Apr. 22, 2010
United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union AFL-CIO CLC v. Shell Oil Co.
Failure to certify class does not defeat federal jurisdiction under Class Action Fairness Act. 		Civil Procedure Apr. 22, 2010
Wallace v. GEICO General Insurance Co.
Insurer’s offer of compensation to insured after she filed her lawsuit does not cause insured to lose standing as representative plaintiff. 		Civil Procedure Apr. 21, 2010
D.C. v. R.R.
Web site message threatening physical harm because of teenager’s perceived sexual orientation is not protected from hate crime claim by anti-SLAPP motion. 		Civil Procedure Apr. 12, 2010
MHC Financing Limited Partnership Two v. City of Santee
Plaintiff may not collect monetary damages for City’s violation of right to petition. 		Civil Procedure Apr. 12, 2010
Swahn Group Inc. v. Segal
Judicial estoppel does not apply where party’s first of two potentially conflicting positions was not successfully asserted and adopted by court. 		Civil Procedure Apr. 9, 2010
Arenas v. El Torito Restaurants Inc.
Trial court has discretion to make ultimate merits determination that prevents class certification. 		Civil Procedure Apr. 8, 2010
McGuigan v. City of San Diego
Parties are not 'opposing parties' where former defendant joined former plaintiff in defending against third party following settlement agreement. 		Civil Procedure Apr. 7, 2010
Shalant v. Girardi
Prefiling order requirement for vexatious litigant only applies to initiation of lawsuit, not prosecution of litigation. 		Civil Procedure Apr. 6, 2010
Smith v. Adventist Health System/West
Preliminary injunction is valid without bond where defendant impliedly waived bond requirement by not objecting in writing or at hearing. 		Civil Procedure Apr. 5, 2010
Goodman v. Lozano
Plaintiffs are not prevailing parties where they took nothing against nonsettling defendants due to offset by amount received from settling defendants. 		Civil Procedure Apr. 1, 2010
Fullerton Redevelopment Agency v. Southern California Gas Co.
Good faith settlement agreement bars claims under Health and Safety Code Section 25363 for contribution or indemnity by joint tortfeasor. 		Civil Procedure Apr. 1, 2010
Shady Grove Orthopedic Associates P.A. v. Allstate Insurance Co.
Authorized by Rules Enabling Act, Federal Rule addressing procedure, specifically class action certifiability, controls over similar New York law. 		Civil Procedure Apr. 1, 2010
Geographic Expeditions Inc. v. Estate of Lhotka
Mount Kilimanjaro climber’s death could result in damages exceeding $75,000, which is sufficient for district court subject matter jurisdiction. 		Civil Procedure Apr. 1, 2010
Landmark Screens LLC v. Morgan, Lewis & Bockius LLP
State court lacks subject matter jurisdiction over legal malpractice claim where issues cannot be decided without addressing substantial question of federal patent law. 		Civil Procedure Mar. 31, 2010
D.C. v. R.R.
Web site message threatening physical harm because of teenager’s perceived sexual orientation is not protected from hate crime claim by anti-SLAPP motion. 		Civil Procedure Mar. 16, 2010
MHC Financing Limited Partnership Two v. City of Santee
Plaintiff may not collect monetary damages for City’s violation of right to petition. 		Civil Procedure Mar. 16, 2010
Primiano v. Cook
Medical testimony is admissible under 'Daubert' based on expert's background, experience and explanation of opinion. 		Civil Procedure Mar. 10, 2010
Hesse v. Sprint Corp.
Class settlement does not preclude subsequent claims where subsequent class members’ interests were not adequately represented. 		Civil Procedure Mar. 10, 2010
San Francisco Housing Authority v. SEIU Local 790
Arbitrator does not exceed power when basing award on parties’ ability to modify own contract in order to comply with good faith standards. 		Civil Procedure Mar. 9, 2010
Seltzer v. Barnes
Negotiation of settlement agreement is act in furtherance of person’s right to petition under anti-SLAPP statute. 		Civil Procedure Mar. 9, 2010
Smith v. Adventist Health System/West
Preliminary injunction is valid without bond where defendant impliedly waived bond requirement by not objecting in writing or at hearing. 		Civil Procedure Mar. 4, 2010
Pfizer Inc. v. Superior Court (Galfano)
Class certification is overbroad in Unfair Competition Law action where many class members were never exposed to alleged misrepresentations. 		Civil Procedure Mar. 3, 2010
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