Commercial Litigation and Arbitration

Complex Lit Blog

In re: Vertrue Inc. Marketing & Sales Practices Litigation, 2013 U.S. App. LEXIS 7693 (6th Cir. April 16, 2013): This matter arises from a multidistrict litigation proceeding, encompassing thirteen putative class action suits challenging the sales and marketing practices of Vertrue, Inc. and Adaptive Marketing, LLC. On April 16, 2010, th ...
In re: Vertrue Inc. Marketing & Sales Practices Litigation, 2013 U.S. App. LEXIS 7693 (6th Cir. April 16, 2013): This matter arises from a multidistrict litigation proceeding, encompassing thirteen putative class action suits challenging the sales and marketing practices of…
In re Neurontin Marketing And Sales Practices Litigation (Kaiser Found. Health Plan, Inc. v. Pfizer, Inc.), 2013 U.S. App. LEXIS 6793 (1st Cir. April 3, 2013): This is an appeal from verdicts of over $140 million, reached by both a jury and a court, compensating Kaiser, a major health plan provider and insurer, for the injury Kaiser ...
In re Neurontin Marketing And Sales Practices Litigation (Kaiser Found. Health Plan, Inc. v. Pfizer, Inc.), 2013 U.S. App. LEXIS 6793 (1st Cir. April 3, 2013): This is an appeal from verdicts of over $140 million, reached by both a…
Gatt Commc’ns, Inc. v. PMC Associates, LLC, 2013 U.S. App. LEXIS 3186 (2d Cir. Feb. 14, 2013): 3. In pari delicto Defendants, and our concurring colleague, have argued that we should deploy the equitable doctrine of in pari delicto ("in equal fault") to erect a complete and simple bar to Gatt's claims, and there is so ...
Gatt Commc’ns, Inc. v. PMC Associates, LLC, 2013 U.S. App. LEXIS 3186 (2d Cir. Feb. 14, 2013): 3. In pari delicto Defendants, and our concurring colleague, have argued that we should deploy the equitable doctrine of in pari delicto (“in…
Dunbar v. Wells Fargo Bank, N.A., 2013 U.S. App. LEXIS 5080 (8th Cir. Mar. 14, 2013): The Wells Fargo parties filed a motion for sanctions under Rule 11 and 28 U.S.C. § 1927, as well as under the district court's inherent authority to sanction attorneys for acting in bad faith or abusing the judicial process. The district court awarded ...
Dunbar v. Wells Fargo Bank, N.A., 2013 U.S. App. LEXIS 5080 (8th Cir. Mar. 14, 2013): The Wells Fargo parties filed a motion for sanctions under Rule 11 and 28 U.S.C. § 1927, as well as under the district court’s…
Cook v. Baca, 2013 U.S. App. LEXIS 4783(10th Cir. Mar. 7, 2013): In its dismissal order, the district court declined to consider whether the Rooker-Feldman doctrine applied. Rooker-Feldman, however, "concerns a district court's subject-matter jurisdiction," Lance v. Coffman, 549 U.S. 437, 439 n* (2007), and must therefore ...
Cook v. Baca, 2013 U.S. App. LEXIS 4783(10th Cir. Mar. 7, 2013): In its dismissal order, the district court declined to consider whether the Rooker-Feldman doctrine applied. Rooker-Feldman, however, “concerns a district court’s subject-matter jurisdiction,” Lance v. Coffman, 549 U.S.…
Nat’l Org. of Veterans Advocates, Inc. v. Sec’y of Veterans Affairs, 2013 U.S. App. LEXIS 5541 (Fed. Cir. Mar. 21, 2013): The National Organization of Veterans' Advocates, Inc. (NOVA) petitioned us to review a rule promulgated by the Department of Veterans Affairs (VA). The rule eliminated certain procedural and appellate rights for ...
Nat’l Org. of Veterans Advocates, Inc. v. Sec’y of Veterans Affairs, 2013 U.S. App. LEXIS 5541 (Fed. Cir. Mar. 21, 2013): The National Organization of Veterans’ Advocates, Inc. (NOVA) petitioned us to review a rule promulgated by the Department of…
Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 2013 U.S. App. LEXIS 5277 (2d Cir. Mar. 18, 2013): Plaintiff-Appellant Petrosurance, Inc. appeals from an August 31, 2012 judgment entered pursuant to a Memorandum and Order of the United States District Court for the Southern District of New York (Buchwald, J.), dismissing this c ...
Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 2013 U.S. App. LEXIS 5277 (2d Cir. Mar. 18, 2013): Plaintiff-Appellant Petrosurance, Inc. appeals from an August 31, 2012 judgment entered pursuant to a Memorandum and Order of the United States District…
Indemnity Ins. Co. of N. Am. v. Electrolux Home Prods., Inc., 2013 U.S. App. LEXIS 6609 (3d Cir. April 2, 2013): Appellant, Indemnity Insurance Company of North America ("Indemnity"), as subrogee of the Unionville-Chadds Ford School District ("School District"), brought suit against Electrolux Home Products, Inc. ("Electrolux") alleging ...
Indemnity Ins. Co. of N. Am. v. Electrolux Home Prods., Inc., 2013 U.S. App. LEXIS 6609 (3d Cir. April 2, 2013): Appellant, Indemnity Insurance Company of North America (“Indemnity”), as subrogee of the Unionville-Chadds Ford School District (“School District”), brought…
Pacificorp v. Nw. Pipeline GP, 2012 U.S. Dist. LEXIS 174593 (D. Or. Dec. 10, 2012): 2. Videography for Deposition PacifiCorp next objects to costs for videography at the depositions of John Roscher and Ed Towes, which it argues was unnecessary. However, these depositions were taken by PacifiCorp and used primarily in PacifiC ...
Pacificorp v. Nw. Pipeline GP, 2012 U.S. Dist. LEXIS 174593 (D. Or. Dec. 10, 2012): 2. Videography for Deposition PacifiCorp next objects to costs for videography at the depositions of John Roscher and Ed Towes, which it argues was unnecessary.…
Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc., 2013 U.S. App. LEXIS 4566 (9th Cir. Mar. 9, 2013): Several state law questions arise in this appeal, and [two] federal law questions, whether expert testimony should have been excluded under Daubert *** and whether Alaska "English Rule" attorneys fee awards [Alaska Civil Procedure Rul ...
Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc., 2013 U.S. App. LEXIS 4566 (9th Cir. Mar. 9, 2013): Several state law questions arise in this appeal, and [two] federal law questions, whether expert testimony should have been excluded under Daubert…

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