Commercial Litigation and Arbitration

Complex Lit Blog

Commonwealth v. Johnson, 470 Mass. 300, 2014 Mass. LEXIS 955 (Mass. Dec. 23, 2014): This case concerns the constitutionality of the criminal harassment statute, G. L. c. 265, § 43A (a), and its application to acts of cyberharassment among others. Specifically, we consider whether a pattern of harassing conduct that includes ...
Commonwealth v. Johnson, 470 Mass. 300, 2014 Mass. LEXIS 955 (Mass. Dec. 23, 2014): This case concerns the constitutionality of the criminal harassment statute, G. L. c. 265, § 43A (a), and its application to acts of cyberharassment among others.…
Ryan v. Astra Tech, Inc., 2014 U.S. App. LEXIS 21628 (1st Cir. Nov. 14, 2014) (Kayatta, J.): Attorney Jeffrey Ryan ("Ryan") appeals from the district court's revocation of his permission to practice pro hac vice for the plaintiff in the underlying lawsuit that gave rise to these proceedings.1 ...
Ryan v. Astra Tech, Inc., 2014 U.S. App. LEXIS 21628 (1st Cir. Nov. 14, 2014) (Kayatta, J.): Attorney Jeffrey Ryan ("Ryan") appeals from the district court's revocation of his permission to practice pro hac vice for the plaintiff in the
Shaut v. Sec’y of Dep’t of HHS, 2014 U.S. Dist. LEXIS 176591 (N.D.N.Y. Dec. 22, 2014): On July 23, 2014, pro se Plaintiff Anna M. Shaut filed a complaint against the United States Department of Health and Human Services ("HHS") seeking judicial review, pursuant to 42 U.S.C. § 1395ff(b), of a May 22, 2014, decision of the Medicar ...
Shaut v. Sec’y of Dep’t of HHS, 2014 U.S. Dist. LEXIS 176591 (N.D.N.Y. Dec. 22, 2014): On July 23, 2014, pro se Plaintiff Anna M. Shaut filed a complaint against the United States Department of Health and Human Services ("HHS")…
Taylor v. Sturgell, 553 U.S. 880 (2008): The preclusive effect of a federal-court judgment is determined by federal common law.  See Semtek Int'l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 507-508, 121 S. Ct. 1021, 149 L. Ed. 2d 32 (2001).  For judgments in federal-question cases--for example, Herrick ...
Taylor v. Sturgell, 553 U.S. 880 (2008): The preclusive effect of a federal-court judgment is determined by federal common law.  See Semtek Int'l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 507-508, 121 S. Ct. 1021, 149 L. Ed. 2d…
Seneca Ins. Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014): Seneca Insurance Company paid $1 million to settle a lawsuit in which its insured alleged Seneca had mishandled insurance claims for hail damage to the insured's property. Seeking to recoup the costs of defending and settling the ...
Seneca Ins. Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014): Seneca Insurance Company paid $1 million to settle a lawsuit in which its insured alleged Seneca had mishandled insurance claims for hail damage…
Am. Econ. Ins. Co. v. Aspen Way Enters., 2014 U.S. Dist. LEXIS 166747 (D. Mont. Dec. 2, 2014): Before the Court are two motions. *** The second is Defendant Hartford Fire Insurance Co.'s ("Hartford Fire") Motion for Realignment (Doc. 41). Concerned that the addition of Hartford Casualty may ruin this Court's diversit ...
Am. Econ. Ins. Co. v. Aspen Way Enters., 2014 U.S. Dist. LEXIS 166747 (D. Mont. Dec. 2, 2014): Before the Court are two motions. *** The second is Defendant Hartford Fire Insurance Co.'s ("Hartford Fire") Motion for Realignment (Doc. 41).…
Travelers Cas. & Sur. Co. of Am. v. Highland P’ship, Inc., 2013 U.S. Dist. LEXIS 32798 (S.D. Cal. Mar. 8, 2013): There are two related causes of action currently pending before the Court, both of which are set for trial beginning the week of April 15, 2013. (Doc. No. 124.) The first cause of action concerns breach of an Indemnity Ag ...
Travelers Cas. & Sur. Co. of Am. v. Highland P’ship, Inc., 2013 U.S. Dist. LEXIS 32798 (S.D. Cal. Mar. 8, 2013): There are two related causes of action currently pending before the Court, both of which are set for trial…
Courboin v. Scott, 2014 U.S. App. LEXIS 22775 (11th Cir. Dec. 1, 2014): A. When analyzing a dismissal for lack of personal jurisdiction, "we first determine whether the applicable statute potentially confers jurisdiction over the defendant." Republic of Panama v. BCCI Holdings (Luxembourg) S.A., 119 F.3d 935, ...
Courboin v. Scott, 2014 U.S. App. LEXIS 22775 (11th Cir. Dec. 1, 2014): A. When analyzing a dismissal for lack of personal jurisdiction, "we first determine whether the applicable statute potentially confers jurisdiction over the defendant." Republic of Panama v.…
Okpala v. Computer Sci. Corp., 2014 U.S. App. LEXIS 22489 (4th Cir. Nov. 26, 2014): Henry Uche Okpala appeals the district court's order dismissing with prejudice his wrongful termination action for misconduct during discovery. We vacate and remand for further proceedings. A district court may dismiss a civil actio ...
Okpala v. Computer Sci. Corp., 2014 U.S. App. LEXIS 22489 (4th Cir. Nov. 26, 2014): Henry Uche Okpala appeals the district court's order dismissing with prejudice his wrongful termination action for misconduct during discovery. We vacate and remand for further…
Carriero v. Colbert, 2014 N.Y. Misc. LEXIS 5045 (Sup.Ct. Tompkins Cnty. Nov. 21, 2014): In opposition to plaintiff's motion, defendant avers that the straight-line, or radial, distance between the street addresses of the two residences is 162.64 miles (see Affirmation of Edward E. Kopko dated September 18, 2014, ¶ 10). Plaintiff ...
Carriero v. Colbert, 2014 N.Y. Misc. LEXIS 5045 (Sup.Ct. Tompkins Cnty. Nov. 21, 2014): In opposition to plaintiff's motion, defendant avers that the straight-line, or radial, distance between the street addresses of the two residences is 162.64 miles (see Affirmation…

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