Myers v. Moore, 2014 U.S. Dist. LEXIS 176409  (E.D. Pa. Dec. 22, 2014): III.  RULE 60(b)(4) Defendants Moore and Fisher argue that the default judgments entered against them should be vacated pursuant to Federal Rule of Civil Procedure Rule 60(b)(4) because they were not prop ...
Myers v. Moore, 2014 U.S. Dist. LEXIS 176409  (E.D. Pa. Dec. 22, 2014): III.  RULE 60(b)(4) Defendants Moore and Fisher argue that the default judgments entered against them should be vacated pursuant to Federal Rule of Civil Procedure Rule 60(b)(4)
People v. Watkins, 2015 Ill. App. LEXIS 35 (Ill. Ct. App. Jan. 21, 2015):    [*P1]  After a jury trial, defendant, Charles Watkins, was convicted of unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2012)) and was sentenced to eight years in prison.
People v. Watkins, 2015 Ill. App. LEXIS 35 (Ill. Ct. App. Jan. 21, 2015):    [*P1]  After a jury trial, defendant, Charles Watkins, was convicted of unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2012))
Maisha v. Univ. of NC, 2015 U.S. Dist. LEXIS 4671 (M.D.N.C. Jan. 15, 2015): A party may not create a genuine issue of material fact by "filing [*2]  a later affidavit that flatly contradicts that party's earlier sworn deposition." Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 806 (1999); ...
Maisha v. Univ. of NC, 2015 U.S. Dist. LEXIS 4671 (M.D.N.C. Jan. 15, 2015): A party may not create a genuine issue of material fact by "filing [*2]  a later affidavit that flatly contradicts that party's earlier sworn deposition." Cleveland…
McCann v. Kennedy Univ. Hosp., Inc., 2014 U.S. App. LEXIS 23974 (3d Cir. Dec. 19, 2014):  McCann filed suit pro se in the United States District Court for the District of New Jersey, alleging violations of the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd(a), by the hospital's ...
McCann v. Kennedy Univ. Hosp., Inc., 2014 U.S. App. LEXIS 23974 (3d Cir. Dec. 19, 2014):  McCann filed suit pro se in the United States District Court for the District of New Jersey, alleging violations of the Emergency Medical Treatment…
In re World Trade Center Lower Manhattan Disaster Site Litig., 2015 U.S. Dist. LEXIS 5045 (S.D.N.Y. Jan. 15, 2015): A. Power of Court to Compel Non-Retained Expert Witnesses Whether to compel a non-retained expert witness to produce documents [*109]  or testify at a deposition is within the sound disc ...
In re World Trade Center Lower Manhattan Disaster Site Litig., 2015 U.S. Dist. LEXIS 5045 (S.D.N.Y. Jan. 15, 2015): A. Power of Court to Compel Non-Retained Expert Witnesses Whether to compel a non-retained expert witness to produce documents [*109]  or
Koch v. Pechota, 2015 U.S. App. LEXIS 175 (2d Cir. Jan. 7, 2015): "A party's demand for an adjournment of a civil trial until the party can make a personal [*2]  appearance is entrusted to the sound discretion of the trial judge." Payne v. Jones, 711 F.3d 85, 90-91 (2d Cir. 2013) (internal quot ...
Koch v. Pechota, 2015 U.S. App. LEXIS 175 (2d Cir. Jan. 7, 2015): "A party's demand for an adjournment of a civil trial until the party can make a personal [*2]  appearance is entrusted to the sound discretion of the
United States v. Tsoa, 2014 U.S. App. LEXIS 21590 (4th Cir. Nov. 12, 2014):   Ging-Hwang Tsoa was convicted after a jury trial of one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349 (2012), and two counts of bank fraud, in violation of 18 U.S.C. §§ 2, 1344 (2012), and wa ...
United States v. Tsoa, 2014 U.S. App. LEXIS 21590 (4th Cir. Nov. 12, 2014):   Ging-Hwang Tsoa was convicted after a jury trial of one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349 (2012),…
Manzo v. Stanley Black & Decker Inc., 2015 U.S. Dist. LEXIS 2861 (E.D.N.Y. Jan. 9, 2015): Presently before the Court in this personal injury case is Defendant Stanley Black & Decker, Inc.'s ("Black & Decker" or "Defendant") motion to compel a complete response to an interrogatory seeking identification ...
Manzo v. Stanley Black & Decker Inc., 2015 U.S. Dist. LEXIS 2861 (E.D.N.Y. Jan. 9, 2015): Presently before the Court in this personal injury case is Defendant Stanley Black & Decker, Inc.'s ("Black & Decker" or "Defendant") motion to compel
Barger v. Shauers, 2014 U.S. LEXIS 8294 (U.S. Dec. 9, 2014): Federal Rule of Evidence 606(b) provides that certain juror testimony regarding what occurred in a jury room is inadmissible "[d]uring an inquiry into the validity of a verdict." The question presented in this case is whether Rule 606(b) p ...
Barger v. Shauers, 2014 U.S. LEXIS 8294 (U.S. Dec. 9, 2014): Federal Rule of Evidence 606(b) provides that certain juror testimony regarding what occurred in a jury room is inadmissible "[d]uring an inquiry into the validity of a verdict." The
Citigroup, Inc. v. Abu Dhabi Inv. Auth., 2015 U.S. App. LEXIS 549 (2d Cir. Jan. 14, 2015): This case presents the question of whether the All Writs Act, 28 U.S.C. § 1651(a), permits a federal district court to enjoin a second arbitration between parties to a contractual arbitration agreement based on what [*2]  one party asserts is ...
Citigroup, Inc. v. Abu Dhabi Inv. Auth., 2015 U.S. App. LEXIS 549 (2d Cir. Jan. 14, 2015): This case presents the question of whether the All Writs Act, 28 U.S.C. § 1651(a), permits a federal district court to enjoin a…
Broadspring, Inc. v. Congoo, LLC, 2014 U.S. Dist. LEXIS 177838 (S.D.N.Y. Dec. 29, 2014): Plaintiff's second motion in limine seeks to exclude nine e-mails that were sent to Broadspring or Mindset Interactive employees by third-party software distributors with whom they once conducted business. The motion is GRANTE ...
Broadspring, Inc. v. Congoo, LLC, 2014 U.S. Dist. LEXIS 177838 (S.D.N.Y. Dec. 29, 2014): Plaintiff's second motion in limine seeks to exclude nine e-mails that were sent to Broadspring or Mindset Interactive employees by third-party software distributors with whom they
Rojas v. Town of Cicero, 2015 U.S. App. LEXIS 72 (7th Cir. Jan. 5, 2015): Merced Rojas contended in this suit under 42 U.S.C. §1983 that the Town of Cicero violated the First Amendment by firing him because he supported a political opponent of Larry Dominick, the Town's president. After an eight-day trial, a jury found in Rojas&# ...
Rojas v. Town of Cicero, 2015 U.S. App. LEXIS 72 (7th Cir. Jan. 5, 2015): Merced Rojas contended in this suit under 42 U.S.C. §1983 that the Town of Cicero violated the First Amendment by firing him because he supported…
United States v. Garcia, 2015 U.S. App. LEXIS 392 (2d Cir. Jan. 7, 2015): ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED and that the defendant-appellant's claim of ineffective assistance of counsel is
United States v. Garcia, 2015 U.S. App. LEXIS 392 (2d Cir. Jan. 7, 2015): ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED and that the…
Todd v. Tempur-Sealy Int’l, Inc., 2014 U.S. Dist. LEXIS 161037 (N.D. Cal. Nov. 17, 2014): I. BACKGROUND Plaintiffs' initial Complaint, filed on October 25, 2013, and operative Second Amended Complaint, filed on August 29, 2014, allege misrepresentations and omissions by Defendants Tempur-Sealy Int ...
Todd v. Tempur-Sealy Int’l, Inc., 2014 U.S. Dist. LEXIS 161037 (N.D. Cal. Nov. 17, 2014): I. BACKGROUND Plaintiffs' initial Complaint, filed on October 25, 2013, and operative Second Amended Complaint, filed on August 29, 2014, allege misrepresentations and omissions by
Lundahl v. Home Depot, Inc., 2014 U.S. App. LEXIS 22993 (10th Cir. Dec. 3, 2014): Plaintiff Holli Lundahl, proceeding pro se,1 appeals from the district court's order denying her motion for sanctions under Fed. R. Civ. P. 11 against defendants Home Depot, Inc., and Citibank N.A based on her assertion they wrongfully rem ...
Lundahl v. Home Depot, Inc., 2014 U.S. App. LEXIS 22993 (10th Cir. Dec. 3, 2014): Plaintiff Holli Lundahl, proceeding pro se,1 appeals from the district court's order denying her motion for sanctions under Fed. R. Civ. P. 11 against defendants…
Content Extraction & Transmission LLC v. Wells Fargo Bank, N.A., 2014 U.S. App. LEXIS 24258 (Fed. Cir. Dec. 23, 2014): We turn next to Diebold's appeal from the district court's dismissal of its tortious interference and RICO violation claims against CET. Diebold's claims all arise from the following pred ...
Content Extraction & Transmission LLC v. Wells Fargo Bank, N.A., 2014 U.S. App. LEXIS 24258 (Fed. Cir. Dec. 23, 2014): We turn next to Diebold's appeal from the district court's dismissal of its tortious interference and RICO violation claims against
Comstock v. UPS Ground Freight, Inc., 2014 U.S. App. LEXIS 24554 (8th Cir. Dec. 30, 2014): Responding to serious misconduct during discovery, the district court1 sanctioned Dolores Comstock by dismissing her lawsuit. Comstock appeals this dismissal, and we affirm. 1   The Honorable Susan ...
Comstock v. UPS Ground Freight, Inc., 2014 U.S. App. LEXIS 24554 (8th Cir. Dec. 30, 2014): Responding to serious misconduct during discovery, the district court1 sanctioned Dolores Comstock by dismissing her lawsuit. Comstock appeals this dismissal, and we affirm. 1  …
ZF Meritor, LLC v. Eaton Corp., 696 F.3d 254 (3d Cir. 2012): 2. Expert Testimony on Damages In their cross-appeal, Plaintiffs argue that the District Court erred in excluding DeRamus's testimony on the issue of damages. The core of DeRamus's damages analysis was one page (titled " ...
ZF Meritor, LLC v. Eaton Corp., 696 F.3d 254 (3d Cir. 2012): 2. Expert Testimony on Damages In their cross-appeal, Plaintiffs argue that the District Court erred in excluding DeRamus's testimony on the issue of damages. The core of DeRamus's
Pham v. Lee, 2014 Cal. App. Unpub. LEXIS 8812 (Cal. Ct. App. Dec. 11, 2014): Plaintiff Randal Pham, an ophthalmologist, filed a defamation action against defendants Jenny Lee and Alvin Lee (the Lees) for statements they made on the Internet accusing Dr. Pham of fraud, among other things. The Lees moved to strike Dr. P ...
Pham v. Lee, 2014 Cal. App. Unpub. LEXIS 8812 (Cal. Ct. App. Dec. 11, 2014): Plaintiff Randal Pham, an ophthalmologist, filed a defamation action against defendants Jenny Lee and Alvin Lee (the Lees) for statements they made on the Internet
In re Application for an Order Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in Foreign Proceedings, 2014 U.S. App. LEXIS 23492 (2d Cir. Dec. 12, 2014): The question presented is one of first impression2 in this Court--whether 28 U.S.C. § 1782, which ...
In re Application for an Order Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in Foreign Proceedings, 2014 U.S. App. LEXIS 23492 (2d Cir. Dec. 12, 2014): The question presented is one of first impression2

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