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Description Date Docket #

ESPOSITO v. US

United States Tenth Circuit
Civil Procedure, Injury & Tort Law
The district court abused its discretion in denying substition of plaintiff's wife as plaintiff pursuant to Federal Rules of Civil Procedure 17(a),...
05/27/2004 03-3183

KELLY v. FLEETWOOD ENTER., INC.

United States Ninth Circuit
Civil Procedure, Consumer Protection Law, Dispute Resolution & Arbitration, Injury & Tort Law, Remedies
Because plaintiff's loss of enjoyment and punitive damages claims are not recoverable under the Magnuson-Moss Warranty Act, their federal claims fail...
05/27/2004 03-35050

SHANKLIN v. NORFOLK S. RAILWAY CO.

United States Sixth Circuit
Evidence, Government Law, Injury & Tort Law, Transportation
The district court was correct in determining that plaintiff's vegetation negligence claim was not preempted, and the court also properly admitted...
05/27/2004 01-6449

BRICKWOOD CONTRACTORS, INC. v. DATANET ENG'G, INC.

United States Fourth Circuit
Civil Procedure, Injury & Tort Law, Sanctions
The district court erred by imposing sanctions on plaintiff in the face of defendant's failure to comply with the requirements of Federal Rule of...
05/26/2004 00-2324

ANASTOS v. LEE

California Court of Appeal
Civil Procedure, Injury & Tort Law, Insurance Law
Once a party obtains a court order allowing service of the summons and complaint by publication, a separate order is not necessary to also...
05/26/2004 D041904

KNOWLES v. THE SUPERIOR COURT OF SAN DIEGO COUNTY

California Court of Appeal
Civil Procedure, Injury & Tort Law
Under Code of Civil Procedure section 340.5, the real parties in interest wrongful death claims are barred by the statute of limitations.
05/25/2004 D043323

IN RE DIET DRUGS

United States Third Circuit
Class Actions, Drugs & Biotech, Injury & Tort Law
Under the All Writs Act U.S.C. section 1651, the District Court has the power to supervise the actions of intermediate opt-out class members in...
05/25/2004 02-4582

THE STATE OF CALIFORNIA v. THE SUPERIOR COURT OF KINGS COUNTY

Supreme Court of California
Civil Procedure, Injury & Tort Law
Failure to allege facts demonstrating or excusing compliance with the claim presentation requirements of the California Tort Claims Act, Government...
05/24/2004 S114171

TRAVELERS CAS. & SUR. CO. v. CENTURY SUR. CO.

California Court of Appeal
Construction, Injury & Tort Law, Insurance Law
Defendant has a duty to contribute on a pro rata basis to the litigation and indemnification expenses incurred by plaintiff-insurer in defending a...
05/21/2004 G031194

MAHAFFEY v. SEC'Y OF HEALTH & HUMAN SERVS.

United States Federal Circuit
Health Law, Injury & Tort Law
Review by this court of a special master's vaccine injury decision requires intervening review by the Court of Federal Claims, which properly...
05/21/2004 03-5164

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