Woolsey v. Citibank, N.A., 696 F.3d 1266 (10th Cir. 2012): Before us, though, the Woolseys don't just shrink from, they repudiate the only possible winning argument they may have had. They choose to pursue instead and exclusively a line of attack long foreclosed by Supreme Court precedent. To be sure, the Woolseys argue vigorously and w ...

Grant v. Turner, 2012 U.S. App. LEXIS 24316 (3d Cir. Nov. 27, 2012): In May 2009, a group of putative class action Plaintiffs brought suit against various individual and corporate Defendants, alleging that those Defendants were involved in creating and perpetuating fraudulent travel clubs ("Travel Club Defendants"). Plaintiffs alleged t ...

Shell’s Disposal & Recycling, Inc. v. City of Lancaster, 2012 U.S. App. LEXIS 23549 (3d Cir. Nov. 16, 2012): Footnote 9. To the extent that Shell's Disposal challenges Judge Wells's authority to issue the January 15, 2010 order closing the case, that claim is also unavailing. The Company had the right to appeal or file objections ...

Pierce v. Virga, 2012 U.S. Dist. LEXIS 166663 (E.D. Cal. Nov. 21, 2012): There is a split among the circuit courts as to the proper standard of review, de novo or abuse of discretion, to be applied to the question of whether evidence falls within the scope of Rule 404(b). The Ninth Circuit applies a de novo standard, [United ...

Quality Time, Inc. v. West Bend Mutual Ins. Co., 2012 U.S. Dist. LEXIS 161703 (D. Kan. Nov. 13, 2012): Rule 26(b)(4)(B) states that "Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which the draft is recorded." The rule does not otherwise protect expert reports ...

Lewis v. Sheriff's Department Bossier Parish, 478 Fed. Appx. 809 (5th Cir. 2012): Although we have not squarely addressed the question of whether a denial of a Rule 54(b) certification motion is immediately appealable, our sister circuits have repeatedly held that the denial of a Rule 54(b) certification is not appealable. See ...

Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., 2012 U.S. App. LEXIS 25054 (Fed. Cir. Dec. 6, 2012) (Dyk, J., concurring): Judge Moore, Judge Reyna, and Judge Mayer in his panel dissent, urge that both this decision and Bard are inconsistent with our prior authority. This is incorrect. More fundamentally, they assert that the de ...

Edwards v. Nike Retail Servs., Inc., 2012 U.S. Dist. LEXIS 157822 (E.D. Cal. Nov. 2, 2012): [D]efendants' late disclosure of the medical expert reports on October 11, 2012, although potentially inconvenient in some sense, was ultimately harmless, because it left sufficient time for plaintiff to conduct the deposition of defendant's ...

Lambright v. Ryan, 698 F.3d 808 (9th Cir. 2012): In Lambright III, we remanded to the district court with instructions to "resolve any disputed factual questions and make factual findings regarding the circumstances surrounding, and the extent and effect of, the violation" of the protective order prior to determining "whether sanctions ...

United States v. Anekwu, 695 F.3d 967 (9th Cir. 2012): Whether certifications of business records violate the Confrontation Clause is an issue of first impression for this Court. See, e.g., Weiland, 420 F.3d at 1076 n.13 ("[W]e need express no opinion on whether the Confrontation Clause requires the government to make the custodian of b ...