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Civil Procedure

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The federal Food, Drug, and Cosmetic Act preempted the plaintiff’s state law claim that defendant falsely advertised its Vitamin E supplement as promoting cardiovascular health. Read More

A default judgment was vacated as it exceeded the sum prayed for in the indemnity cross-complaint on which it was based, even though it incorporated by reference the complaint which asked for $10 million. Read More

The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More

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