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February, 2005
 

Overview of topics...

Lead Note:

MORE ON TIME TO MOVE FOR SUMMARY JUDGMENT
Court Can Allow Motion After Court-Set Time Expires, as Long as Motion Is Made Within the Statutory 120 Days

Special Notes:

  • Significance of "Date-Stamp" in Figuring Timeliness of Filing
  • When Is Interest in Civil Actions Compounded?
  • Should Court Grant Preliminary Injunction if Merits Are Hotly Disputed Between the Parties?

General Practice:

  • Ninth Circuit Withdraws Holding That Extensive Internet Commerce by D Company Makes It "Present" in Faraway State to Support Jurisdiction on All Claims
  • Three Motion Fees for Turning a Successful Motion to Preclude into a Judgment of Dismissal?
  • Is Application to Clerk for Default Judgment Deemed "Motion"?

Backlog Items:

  • Abuse of Notice to Admit – 300+ Requests, and for the Heart of the Dispute – Draws Sanction
  • Going onto P's Land to Ring Doorbell to Serve Process Is Not Trespass; P's Suit for Damages Draws Sanction
  • General Rule that Arbitration Award Can't Be Vacated for Newly Discovered Evidence Gives Way When Corruption or Fraud Is Charged
  • Surveillance Taper Must Furnish Not Only Tape, But Investigator's Report On It, Too


 ARTICLE HEADLINES


FEATURE ARTICLE:

MORE ON TIME TO MOVE FOR SUMMARY JUDGMENT
Court Can Allow Motion After Court-Set Time Expires, as Long as Motion Is Made Within the Statutory 120 Days

General Practice:

JURISDICTION VIA INTERNET
Ninth Circuit Withdraws Holding That Extensive Internet Commerce by D Company Makes It "Present" in Faraway State to Support Jurisdiction on All Claims

MOTION FEES
Three Motion Fees for Turning a Successful Motion to Preclude into a Judgment of Dismissal?

MORE ON MOTION FEES
Is Application to Clerk for Default Judgment Deemed Motion?

 

 


Special Notes:

SIGNIFICANCE OF "DATE-STAMP" IN FIGURING TIMELINESS OF FILING
Presumption That Clerk's Stamp Marks Time of Filing May Be Rebutted by Showing Delivery to Clerk Was Made Earlier

WHEN IS INTEREST IN CIVIL ACTIONS COMPOUNDED?
Special Complications in Bifurcated Trial

SHOULD COURT GRANT PRELIMINARY INJUNCTION IF MERITS ARE
HOTLY DISPUTED BETWEEN THE PARTIES?

 

 


Backlog Items :

NOTICE TO ADMIT
Abuse of Notice to Admit -- 300+ Requests, and for the Heart of the Dispute -- Draws Sanction

TRESPASS IN SERVING PROCESS
Going onto P's Land to Ring Doorbell to Serve Process Is Not Trespass; P's Suit for Damages Draws Sanction

REJECTING ARBITRATION AWARD
General Rule that Arbitration Award Can't Be Vacated for Newly Discovered Evidence Gives Way When Corruption or Fraud Is Charged

SURVEILLANCE TAPES
Surveillance Taper Must Furnish Not Only Tape, But Investigator's Report On It, Too

 

         
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