In re Gleason, 2012 U.S. App. LEXIS 21248 (11th Cir. Oct. 15, 2012): Gleason contends his sixty-day suspension from practice violates his First Amendment right to free speech. He argues that the bankruptcy court should not have disciplined him based on the "tone" of his submissions, which he describes as "truthful responses to a strin ...

Securities and Exchange Commission v. Obus, 693 F.3d 276 (2d Cir. 2012): A. The [Classical vs. the] Misappropriation Theory of Insider Trading Insider trading--unlawful trading in securities based on material non-public information--is well established as a violation of section 10(b) of the Securities Exchange Act of 19 ...

Cobalt Multifamily Investors I, LLC v. Shapiro, 857 F. Supp. 2d 419 (S.D.N.Y. 2012): B. Choice of Law Issues The Receiver argues that the claims against the Law Firm Defendants are controlled by the laws of their respective domiciles, such that New York law governs the Certilman Defendants, Connecticut law go ...

G&S Holdings LLC v. Continental Cas. Co., 2012 U.S. App. LEXIS 19728 (7th Cir. Sept. 20, 2012): There are both constitutional and prudential limitations on the jurisdiction of the federal courts. Warth v. Seldin, 422 U.S. 490, 498 (1975). Under Article III of the Constitution, the jurisdiction of the courts is limited to claim ...

Felix v. GMS, Zallie Holdings, Inc., 2012 U.S. App. LEXIS 21075 (3d Cir. Oct. 11, 2012): B. Spoliation Felix also argues that the District Court erred in denying her re-quest for a spoliation inference based on GMS's failure to provide security camera footage showing her fall. GMS had security cameras operating through ...

Beechwood Restorative Care Center v. Leeds, 856 F. Supp. 2d 580 (W.D.N.Y. 2012): H. Emails from Non-parties Defendants object to another forty-three exhibits that are copies of emails from non-parties. Defendants contend that these are not relevant and that they are inadmissible hearsay. Plaintiffs seek to admit ...

A new article addressing some issues I see with rulemakers’ relentlessly tweaking the Federal Rules of Civil Procedure and simultaneously not addressing some major problems that need attention can be accessed here: An Instinct for the Capillar ...

Reserve Mgmt. Co. v. Willkie Farr & Gallagher LLP, 2012 U.S. Dist. LEXIS 137682 (S.D.N.Y. Sept. 25, 2012): Plaintiff RMCI served as the investment advisor for the Reserve Primary Fund ("the Fund"), a money market fund that, prior to September 2008, held approximately $62.5 billion in assets. (Cmplt. ¶ 2) From July 2002 through Septembe ...

McGreal v. AT&T Corp., 2012 U.S. Dist. LEXIS 140686 (N.D. Ill. Sept. 24, 2012): Footnote 7. The Circuits are split as to whether the FAA authorizes arbitrators to compel pre-hearing document discovery from third parties. The Sixth and Eighth Circuits have held that such power is implicit in the FAA's grant of power to compel d ...

Adkins v. Wolever, 2012 U.S. App. LEXIS 18313 (6th Cir. Aug. 29, 2012): This appeal concerns whether Plaintiff-Appellant Kenneth Adkins was entitled to an adverse inference instruction because video and photographic evidence relating to his 42 U.S.C. § 1983 excessive force claim against Defendant-Appellee Basil Wolever was lost by Ioni ...