School District No. 1J, Multnomah County v. ACandS, Inc.

Holding that the "overwhelming weight of authority is that the failure to file documents in an original motion or opposition does not turn the late filed documents into 'newly discovered evidence'" for a motion for reconsideration

Harvest v. Castro

Holding that a conditional writ of habeas corpus “quite clearly involves the supervision of changing conduct or conditions”

Carroll v. Nakatani

Holding that plaintiff failed to show injury in fact where he "failed to formulate even a basic business plan"

Smith v. Marsh

Holding that "arguments not raised by a party in its opening brief are deemed waived"

United Airlines, Inc. v. McDonald

Holding that a litigant cannot claim "unfair prejudice" when one person takes over an appeal from another

Latshaw v. Trainer Wortham Co., Inc.

Holding that a plaintiff who accepted a modest Rule 68 offer of judgment based on her attorney's alleged threat to withdraw and false assertion that if plaintiff rejected the offer she risked "enormous" liability for defendants' costs and legal fees was not entitled to relief under Rules 60b

Southwest Ctr. for Biological Diversity v. Berg

Holding that the court is to take facts alleged in the pleadings, motion, and supporting declarations as true for purposes of the motion to intervene

U.S. v. Alisal Water Corp.

Holding that "an economic interest [that is] concrete and related to the underlying subject matter of the action" may permit a "creditor of a defendant to intervene in a lawsuit"

Donnelly v. Glickman

Holding that an applicant may lack an interest in the liability phase of an action, but may still be entitled to intervene in the remedies phase

League of United Latin Am. Cit. v. Wilson

Holding that the denial of a motion for intervention as of right as untimely is "controlling" of a motion for permissive intervention

Rule 60 - Relief from a Judgment or Order

Granting relief from the operation of a judgment

Rule 24 - Intervention

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Section 78u-4 - Private securities litigation

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Section 78p - Directors, officers, and principal stockholders

Recognizing that information obtained by a director could be used in his capacity as a shareholder

Section 77z-1 - Private securities litigation

Discussing "[t]otal attorneys' fees and expenses" that can be awarded by court

Section 25401 - Unlawful acts in connection with offer, sale, or purchase of security

Prohibiting securities sales "by means of any . . . communication that includes an untrue statement of a material fact or omits to state a material fact necessary to make the statements . . . not misleading"

Section 25400 - Unlawful acts

Making it unlawful for "a broker-dealer or other person selling or offering for sale" a security "to make . . . any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact, or which omitted to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading"

Section 1633.1 - Title of act