Commercial Litigation and Arbitration

Complex Lit Blog

Martensen v. Koch, 2014 U.S. Dist. LEXIS 103165 (D. Colo. July 29, 2014): By its very terms, Rule 26(b)(4)(D) states that a party may not "discover facts known or opinions held" by a non-testifying expert,  but is silent on whether the "identity" of the non-testifying expert is also outside the bounds of d ...
Martensen v. Koch, 2014 U.S. Dist. LEXIS 103165 (D. Colo. July 29, 2014): By its very terms, Rule 26(b)(4)(D) states that a party may not "discover facts known or opinions held" by a non-testifying expert,  but is silent on whether
Lundahl v. Halabi, 2014 U.S. App. LEXIS 22994 (10th Cir. Dec. 3, 2014): Plaintiff Holli Lundahl filed a lawsuit in Wyoming that was removed to federal court. The district court scheduled a hearing to resolve disputed issues as to whether it had diversity jurisdiction, including whether Ms. Lundahl had fraudulently joined a fi ...
Lundahl v. Halabi, 2014 U.S. App. LEXIS 22994 (10th Cir. Dec. 3, 2014): Plaintiff Holli Lundahl filed a lawsuit in Wyoming that was removed to federal court. The district court scheduled a hearing to resolve disputed issues as to whether
Cellular Accessories For Less, Inc. v. Trinitas LLC, 2014 U.S. Dist. LEXIS 130518 (C.D. Cal. Sept. 16, 2014):   Cellular alleges that Defendants "published one or more false statements which were intended to disparage CELLULAR ACCESSORIES's good and services." However, at the time motions for summary judgment were filed ...
Cellular Accessories For Less, Inc. v. Trinitas LLC, 2014 U.S. Dist. LEXIS 130518 (C.D. Cal. Sept. 16, 2014):   Cellular alleges that Defendants "published one or more false statements which were intended to disparage CELLULAR ACCESSORIES's good and services." However, at…
Curtis v. Crop Prod. Servs., Inc., 2014 U.S. Dist. LEXIS 118005 (W.D. Okla. Aug. 25, 2014): This matter comes before the Court on a series of motions, triggered by the filing of Plaintiff's Motion for Leave to Allow Kent Martin, Ph.D., to Submit a Supplemental Expert Report (Doc. No. 67). In response thereto Defe ...
Curtis v. Crop Prod. Servs., Inc., 2014 U.S. Dist. LEXIS 118005 (W.D. Okla. Aug. 25, 2014): This matter comes before the Court on a series of motions, triggered by the filing of Plaintiff's Motion for Leave to Allow Kent Martin,
CGC Holding Co., LLC v. Hutchens, 2014 U.S. App. LEXIS 23043 (10th Cir. Dec. 8, 2014): This case requires us to consider the certification of a proposed class action to pursue claims under the Racketeer Influenced and Corrupt Organizations Act (RICO). A class primarily composed of real estate borrowers ...
CGC Holding Co., LLC v. Hutchens, 2014 U.S. App. LEXIS 23043 (10th Cir. Dec. 8, 2014): This case requires us to consider the certification of a proposed class action to pursue claims under the Racketeer Influenced and Corrupt Organizations Act…
United States v. Broomfield, 2014 U.S. App. LEXIS 22670 (11th Cir. Dec. 3, 2014): After a jury trial, James Franklin Broomfield, Jr. appeals his conviction and 180-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). On appeal, Broomfield argues, inter alia, that the dis ...
United States v. Broomfield, 2014 U.S. App. LEXIS 22670 (11th Cir. Dec. 3, 2014): After a jury trial, James Franklin Broomfield, Jr. appeals his conviction and 180-month sentence for being a felon in possession of a firearm, in violation of…
Auto. Body Parts Ass’n v. Ford Global Techs., LLC, 2014 U.S. Dist. LEXIS 131101 (E.D. Tex. Aug. 4, 2014): ANALYSIS Standing is a threshold subject matter jurisdictional requirement. Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-60 (1992). Plaintiff has the burden of demonstrating standing. P ...
Auto. Body Parts Ass’n v. Ford Global Techs., LLC, 2014 U.S. Dist. LEXIS 131101 (E.D. Tex. Aug. 4, 2014): ANALYSIS Standing is a threshold subject matter jurisdictional requirement. Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-60 (1992). Plaintiff has…
Sublime v. Sublime Remembered, 2013 U.S. Dist. LEXIS 103813 (C.D. Cal. July 22, 2013): Plaintiffs Sublime and Floyd Gaugh IV filed this case in this Court on September 22, 2006. Sublime is a well-known popular music group, and Floyd Gaugh IV is a former member of Sublime. Plaintiffs brought this case seeking to enforce intellectual p ...
Sublime v. Sublime Remembered, 2013 U.S. Dist. LEXIS 103813 (C.D. Cal. July 22, 2013): Plaintiffs Sublime and Floyd Gaugh IV filed this case in this Court on September 22, 2006. Sublime is a well-known popular music group, and Floyd Gaugh…
United States v. Awer, 2014 U.S. App. LEXIS 20700 (1st Cir. Oct. 29, 2014): A federal jury convicted Defendant Kent Awer of possessing cocaine base with intent to distribute. He appeals.  Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. I. The Facts A. The Malibu In th ...
United States v. Awer, 2014 U.S. App. LEXIS 20700 (1st Cir. Oct. 29, 2014): A federal jury convicted Defendant Kent Awer of possessing cocaine base with intent to distribute. He appeals.  Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.…
Morgan Stanley Smith Barney LLC v. Monaco, 2014 U.S. Dist. LEXIS 149419 (D. Colo. Aug. 26, 2014): This case is before the Court pursuant to an Order of Reference to Magistrate Judge issued by Judge Raymond P. Moore on March 17, 2014 (Docket No. 6). Petitioners ask the Court to enter judgment confirming an arbitration aw ...
Morgan Stanley Smith Barney LLC v. Monaco, 2014 U.S. Dist. LEXIS 149419 (D. Colo. Aug. 26, 2014): This case is before the Court pursuant to an Order of Reference to Magistrate Judge issued by Judge Raymond P. Moore on March…

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