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Articles 1 - 30 of 32
Full-Text Articles in Law
Frivolous Action Filings In California Courts, California Research Bureau
Frivolous Action Filings In California Courts, California Research Bureau
California Agencies
No abstract provided.
Economics And The Evolution Of Non-Party Litigation Funding In America: How Court Decisions, The Civil Justice Process, And Law Firm Structures Drive The Increasing Need And Demand For Capital, Fiona Mckenna, Alan L. Zimmerman, Daniel J. Bush, Cheryl Kaufman
Economics And The Evolution Of Non-Party Litigation Funding In America: How Court Decisions, The Civil Justice Process, And Law Firm Structures Drive The Increasing Need And Demand For Capital, Fiona Mckenna, Alan L. Zimmerman, Daniel J. Bush, Cheryl Kaufman
Publications
This paper views civil litigation initiated by a party seeking money damages through the lens of the underlying economics that impact the civil justice system's ability to achieve fair outcomes. It examines how access to capital has impacted the functioning of civil justice in the United States.
A Cc-Pain: Abuse Of C.C.P. § 170.6 Peremptory Challenges, Erik Faussner
A Cc-Pain: Abuse Of C.C.P. § 170.6 Peremptory Challenges, Erik Faussner
GGU Law Review Blog
No abstract provided.
Resolving Arbitrability, Jon H. Sylvester
A Cinderella Story: ‘Judicial Cooperation In Civil Matters’ Meets The Prince. Review Article Of Eva Storskrubb, Civil Procedure And Eu Law: A Policy Area Uncovered, Helen E. Hartnell
A Cinderella Story: ‘Judicial Cooperation In Civil Matters’ Meets The Prince. Review Article Of Eva Storskrubb, Civil Procedure And Eu Law: A Policy Area Uncovered, Helen E. Hartnell
Publications
No abstract provided.
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Publications
This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …
When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave
When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave
Publications
No abstract provided.
Small Claims, Assembly Committee On Judiciary
Small Claims, Assembly Committee On Judiciary
California Assembly
No abstract provided.
Statute Of Limitations In Civil Conspiracies, Assembly Committee On Judiciary
Statute Of Limitations In Civil Conspiracies, Assembly Committee On Judiciary
California Assembly
No abstract provided.
Special Appearance In California - The Need For Reform, John A. Gorfinkel
Special Appearance In California - The Need For Reform, John A. Gorfinkel
Publications
No abstract provided.
Long-Arm Jurisdiction In California Under New Section 410.10 Of The Code Of Civil Procedure, John A. Gorfinkel, Richard A. Lavine
Long-Arm Jurisdiction In California Under New Section 410.10 Of The Code Of Civil Procedure, John A. Gorfinkel, Richard A. Lavine
Publications
Subject only to the limitations prescribed by the Federal Constitution, a state legislature has the power to determine the extent to which courts of the state may exercise personal jurisdiction over absent defendants. The common law recognized only two bases of jurisdiction -presence within the state and actual consent. The additional bases approved in this century by the Supreme Court may be utilized by state courts only to the extent that state statutes permit. Hence, the states have enacted various types of long-arm statutes, all of which are designed to extend the in personam jurisdiction of state courts proportionately with …
California Gasoline Retailers V. Regal Petroleum Corp., Jesse W. Carter
California Gasoline Retailers V. Regal Petroleum Corp., Jesse W. Carter
Jesse Carter Opinions
Promotional give-away program was not a lottery for lack of consideration where tickets were widely distributed to customers and non-customers, and no product or ticket purchase was necessary.
Williams V. Reed, Jesse W. Carter
Williams V. Reed, Jesse W. Carter
Jesse Carter Opinions
Where makers on promissory notes received value from the loans, they were not accommodation makers and were liable on the notes.
State Farm Mut. Auto. Ins. Co. V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
State Farm Mut. Auto. Ins. Co. V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court abused its discretion when it ordered the insurance company's declaratory relief action and personal injury actions against the policyholder consolidated for trial because of prejudice to the insurance company.
Pauly V. King [Dissent], Jesse W. Carter
Pauly V. King [Dissent], Jesse W. Carter
Jesse Carter Opinions
A contractor and subcontractor were not liable for injuries sustained in a fall by another subcontractor's roofing employee who failed to exercise reasonable care, and a new trial was not warranted because jury instructions were unambiguous.
Sparks V. Redinger [Dissent], Jesse W. Carter
Sparks V. Redinger [Dissent], Jesse W. Carter
Jesse Carter Opinions
The failure of the trial court to give a proposed last clear chance instruction to the jury did not constitute prejudicial error.
Haggerty V. Associated Farmers Of California, Inc. [Dissent], Jesse W. Carter
Haggerty V. Associated Farmers Of California, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Judgment in favor of the representative was improper because the county ordinance prohibiting the transmission of loud noise from any public highway was not unconstitutional upon its face.
Berri V. Superior Court Of San Francisco, Jesse W. Carter
Berri V. Superior Court Of San Francisco, Jesse W. Carter
Jesse Carter Opinions
In order for an appeal to be taken from an order sustaining, without leave to amend, a demurrer, mandamus was the proper remedy to compel the trial court to enter a judgment of dismissal following its order.
Kesler V. Pabst [Dissent], Jesse W. Carter
Kesler V. Pabst [Dissent], Jesse W. Carter
Jesse Carter Opinions
Judgment for driver in suit for damages sustained in car accident was proper as husband was contributorily negligent, his negligence was imputed to wife, and she could not convert community property into separate property after cause accrued.
Treu V. Kirkwood [Dissent], Jesse W. Carter
Treu V. Kirkwood [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a case where the evidence was not clearly persuasive in favor of either party, and where there was no indication as to the appraisal of the evidence by the trial court, the court reversed the judgment of the lower court for a new trial.
Price V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter
Price V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court did not err in granting defendant's motion to dismiss one of plaintiff's causes of action against it under the Federal Employers' Liability Act based on the doctrine of forum non conveniens.
Osborn V. Osborn [Dissent], Jesse W. Carter
Osborn V. Osborn [Dissent], Jesse W. Carter
Jesse Carter Opinions
Adverse judgment against son on his complaint to quiet title to real property was reversed where son acquired vested remainder interest when father executed deed pursuant to binding contract supported by adequate consideration.
Cockerell V. Title Ins. & Trust Co., Jesse W. Carter
Cockerell V. Title Ins. & Trust Co., Jesse W. Carter
Jesse Carter Opinions
Denial of a motion for judgment on the pleadings was proper where the purported owners failed to prove a valid assignment of a deed of trust and did not raise the issue of denial on information and belief until appeal.
Record Machine & Tool Co. V. Pageman Holding Corp., Jesse W. Carter
Record Machine & Tool Co. V. Pageman Holding Corp., Jesse W. Carter
Jesse Carter Opinions
In a declaratory judgment action, it was proper for the trial court to make a determination of the value and effect of a patent title on the purchase price of a contract where the seller could not transfer the title because he did not own it.
H. J. Heinz Co. V. Superior Court Of Alameda County, Jesse W. Carter
H. J. Heinz Co. V. Superior Court Of Alameda County, Jesse W. Carter
Jesse Carter Opinions
Defendant's license for a patent was revoked, an order to destroy generators was upheld to prevent future infringement, a compensatory damage award was not recognized in state, and federal court had no jurisdiction to enjoin state court proceedings.
Henderson V. Drake [Dissent], Jesse W. Carter
Henderson V. Drake [Dissent], Jesse W. Carter
Jesse Carter Opinions
The court properly denied defendant's motion to dissolve an attachment because attachment remained effective after rendition of judgment for defendant until there was no longer a right to appeal and plaintiff still had chance to perfect an appeal.
Parker V. Bowron [Dissent], Jesse W. Carter
Parker V. Bowron [Dissent], Jesse W. Carter
Jesse Carter Opinions
Individual's writ of mandate was properly dismissed because it was apparent that he and the others noted in the caption and complaint had no direct interest in the action and that no benefit could have accrued to them from its performance.
Southwestern Inv. Corp. V. Los Angeles [Dissent], Jesse W. Carter
Southwestern Inv. Corp. V. Los Angeles [Dissent], Jesse W. Carter
Jesse Carter Opinions
A motion to recall the remittitur was not justified as an opportunity for the parties to relitigate their cause nor for the appellate court to redetermine the merits.
Leonis V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Leonis V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Jesse Carter Opinions
The councilman could not have objected to jurisdiction on the grounds of service, as the attorney appeared at the hearing for the councilman with the councilman's knowledge.
Vernon V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Vernon V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Jesse Carter Opinions
The affidavit charging the city with contempt for failing to obey a mandatory injunction to abate a nuisance sufficiently alleged that the city intended to violate the injunction. The evidence was ample to sustain all the trial court's findings.