22 Cited authorities

  1. Cassim v. Allstate Ins. Co.

    33 Cal.4th 780 (Cal. 2004)   Cited 855 times   1 Legal Analyses
    Holding that, "because the trial court's decision is not supported by substantial evidence, it abused its discretion"
  2. Clem v. Lomeli

    566 F.3d 1177 (9th Cir. 2009)   Cited 307 times
    Holding that an appellee waived an issue by failing to address it in his answering brief
  3. Sanders v. City of Newport

    657 F.3d 772 (9th Cir. 2011)   Cited 276 times   4 Legal Analyses
    Holding that a viable FMLA claim requires a showing that the employee was entitled to leave
  4. Tortu v. Las Vegas Metro

    556 F.3d 1075 (9th Cir. 2009)   Cited 252 times
    Holding qualified immunity "cannot be appropriately considered on a motion for a new trial, where the issue is whether the jury's verdict is against the clear weight of the evidence."
  5. Hunter v. County of Sacramento

    80 Fed. R. Serv. 3d 142 (9th Cir. 2011)   Cited 193 times
    Holding that "evidence of a recurring failure to investigate and discipline municipal officers for constitutional violations can help establish the existence of an unconstitutional practice or custom" of using excessive force
  6. U.S. v. A. Lanoy Alston, D.M.D., P.C

    974 F.2d 1206 (9th Cir. 1992)   Cited 245 times   1 Legal Analyses
    Affirming grant of new trial on this reasoning
  7. Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC

    185 Cal.App.4th 1050 (Cal. Ct. App. 2010)   Cited 101 times
    Holding that a post-trial motion is sufficient for the recovery of expert witness fees in cases where the parties' agreement authorized the recovery of such witness fees
  8. Orix Credit Alliance, Inc. v. Taylor Machine Works, Inc.

    125 F.3d 468 (7th Cir. 1997)   Cited 128 times
    Holding that a party who fails to alert judge to objections to special verdict questions has waived such objections
  9. California Sansome Co. v. U.S. Gypsum

    55 F.3d 1402 (9th Cir. 1995)   Cited 119 times
    Holding that a defendant raising the statute of limitations as an affirmative defense has the burden of proving the action is time barred
  10. Westinghouse Elect. v. Gen. Circuit Breaker

    106 F.3d 894 (9th Cir. 1997)   Cited 68 times
    Holding defendants' equitable defenses alone sufficient to justify district court's refusal to enter a permanent injunction
  11. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,144 times   127 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
  12. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,280 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
  13. Rule 51 - Instructions to the Jury; Objections; Preserving a Claim of Error

    Fed. R. Civ. P. 51   Cited 2,450 times   7 Legal Analyses
    Recognizing exception to rule that error may be assigned to failure to give instruction only if party "properly requested it . . . and properly objected"
  14. Section 1657 - No time specified for performance

    Cal. Civ. Code § 1657   Cited 215 times   1 Legal Analyses
    Explaining that "[i]f no time is specified for the performance of an act required to be performed, a reasonable time is allowed"
  15. Section 3360 - Nominal damages

    Cal. Civ. Code § 3360   Cited 100 times   1 Legal Analyses

    When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. Ca. Civ. Code § 3360 Enacted 1872.