Commercial Litigation and Arbitration

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Murtagh v. Cohen (In re Baker), 2024 U.S. App. LEXIS 9922 (9th Cir. Apr. 24, 2024) (unpublished): MEMORANDUM*
Murtagh v. Cohen (In re Baker), 2024 U.S. App. LEXIS 9922 (9th Cir. Apr. 24, 2024) (unpublished): MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3
Bowden v. Genie Indus. A Terex Brand Inc., 2024 U.S. App. LEXIS 9924 (9th Cir. April 24, 2024) (unpublished): Genie Industries, Inc., (Genie) appeals from the district court's judgment, following a jury trial, in favor of Mark Bowden in this prod ...
Bowden v. Genie Indus. A Terex Brand Inc., 2024 U.S. App. LEXIS 9924 (9th Cir. April 24, 2024) (unpublished): Genie Industries, Inc., (Genie) appeals from the district court’s judgment, following a jury trial, in favor of Mark Bowden in this…

(1) Appellate Review of Inherent Power Sanctions (7th Circuit): Factual Findings Reviewed for Clear Error, Choice of Sanction for Abuse of Discretion — 4-Element Test for Reversal; (2) Sanctions and Class Actions: Monetary Sanctions Properly Imposed on Defendants for Improper Communications with Class Members (Represented Parties) — “[I]f The Class And The Class Opponent Are Involved In An Ongoing Business Relationship, Communications From The Class Opponent To The Class May Be Coercive” (Good Quote); (3) Monetary Sanctions under Goodyear v. Haeger: If Same Fact-Gathering Would Have Been Conducted Absent The Misconduct, No But-For Causation — But Only “Rough Justice” Required, “Not Accountant-Like Precision” (Good Quote) — Once Misconduct Is Clear, Time Spent Ferreting It Out Compensable under Goodyear; (4) Goodyear Did Not Overrule Long-Standing Rule That Courts May Impose Modest Civil Monetary Sanctions to Curb Litigation Abuse; (5) Appellate Jurisdiction Lacking Where Sanctioned Attorney Fails to File Notice of Appeal and Lawyer’s Intent to Appeal Not Apparent from Client’s Notice; (5) Rule 11 Improper Purpose — Party May Have Many Purposes for Pursuing Claim — As Long As Claim Is Supported by Good Faith Belief in the Merits, “A Parallel Reason Does Not Violate Rule 11” — To Deny A Motion for Sanctions, The District Court Need Not Address Every Argument: “Arguments Clearly Without Merit Can, And For The Sake Of Judicial Economy Should, Be Passed Over In Silence” (Good Quote); Non-Monetary Sanction on Counsel: Complete Twice The Required Amount Of Professional Responsibility Hours For Her Next Continuing Legal Education Cycle Imposed By The State Bar

Mullen v. Butler, 91 F.4th 1243 (7th Cir. Feb. 5, 2024): Laura Mullen’s daughters played for a youth volleyball club. She filed a class action suit against the club, GLV, Inc., and its owners, Ricky and Cheryl Butler (collectively “th ...
Mullen v. Butler, 91 F.4th 1243 (7th Cir. Feb. 5, 2024): Laura Mullen’s daughters played for a youth volleyball club. She filed a class action suit against the club, GLV, Inc., and its owners, Ricky and Cheryl Butler (collectively “the
Nichols v. Dwyer, 2024 U.S. App. LEXIS 5710 (6th Cir. Mar. 7, 2024) (unpublished): Matthew Nichols was elevated from the bargaining unit of the Warren Police Department to Deputy Police Commissioner, a non-bargaining-unit position. After he was r ...
Nichols v. Dwyer, 2024 U.S. App. LEXIS 5710 (6th Cir. Mar. 7, 2024) (unpublished): Matthew Nichols was elevated from the bargaining unit of the Warren Police Department to Deputy Police Commissioner, a non-bargaining-unit position. After he was removed from that…
Philibotte v. Palizza, 2024 U.S. App. LEXIS 9296, 2024 WL 1655919 (1st Cir. April 17, 2024): *1 In this appeal, plaintiff-appellant Arielle Philibotte (Philibotte) seeks to set aside an adverse jury verdict. She also seeks to ward off a claim by defendant-appellee Benjamin William Palizza (Palizza) for fees and costs under
Philibotte v. Palizza, 2024 U.S. App. LEXIS 9296, 2024 WL 1655919 (1st Cir. April 17, 2024): *1 In this appeal, plaintiff-appellant Arielle Philibotte (Philibotte) seeks to set aside an adverse jury verdict. She also seeks to ward off a claim…
Treadway v. Otero, 2024 U.S. App. LEXIS 9321, 2024 WL 1654587 (5th Cir. April 17, 2024) (unpublished): PER CURIAM:* *   Pursuant to 5th Circuit Rule 47.5, the court has determined that this ...
Treadway v. Otero, 2024 U.S. App. LEXIS 9321, 2024 WL 1654587 (5th Cir. April 17, 2024) (unpublished): PER CURIAM:* *   Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and…
Yomi v. Becerra, 2024 U.S. App. LEXIS 6101 (10th Cir. Mar. 14, 2024) (unpublished): ORDER AND JUDGMENT* Francis Yomi appeals the district co ...
Yomi v. Becerra, 2024 U.S. App. LEXIS 6101 (10th Cir. Mar. 14, 2024) (unpublished): ORDER AND JUDGMENT* Francis Yomi appeals the district court’s dismissal of his employment discrimination lawsuit as a sanction for discovery misconduct. He also appeals various…
Hills v. Roble, 2024 U.S. App. LEXIS 6296 (6th Cir. Mar. 15, 2024) (unpublished): AMENDED ORDER Pro se litigant Derrick Hills appeals the denial of his motion for relief from judgment in his civil suit again ...
Hills v. Roble, 2024 U.S. App. LEXIS 6296 (6th Cir. Mar. 15, 2024) (unpublished): AMENDED ORDER Pro se litigant Derrick Hills appeals the denial of his motion for relief from judgment in his civil suit against federal officials involved in…

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