Commercial Litigation and Arbitration

Complex Lit Blog

Palmer v. Comm’r of Internal Revenue, 2012 U.S. App. LEXIS 24293 (10th Cir. Nov. 27, 2012): The Commissioner asks that we impose $8,000 in sanctions on Palmer for maintaining a frivolous appeal. According to the Commissioner, we have already rejected Palmer's arguments as frivolous in his prior proceeding before this court, and furthe ...
Palmer v. Comm’r of Internal Revenue, 2012 U.S. App. LEXIS 24293 (10th Cir. Nov. 27, 2012): The Commissioner asks that we impose $8,000 in sanctions on Palmer for maintaining a frivolous appeal. According to the Commissioner, we have already rejected…
Metro. Life Ins. Co. v. Kalenevitch, 2012 U.S. App. LEXIS 22262 (3d Cir. Oct. 26, 2012): In 2010, Metropolitan Life Insurance Company ("MetLife") filed a complaint seeking a declaratory judgment that would identify the party entitled to the remaining balance of proceeds (approximately $24,094.13) under an annuity contract. MetLife conte ...
Metro. Life Ins. Co. v. Kalenevitch, 2012 U.S. App. LEXIS 22262 (3d Cir. Oct. 26, 2012): In 2010, Metropolitan Life Insurance Company (“MetLife”) filed a complaint seeking a declaratory judgment that would identify the party entitled to the remaining balance…
Myinfoguard v. Sorrell, 2012 U.S. Dist. LEXIS 161070 (D. Vt. Nov. 9, 2012): With respect to both section 1332(a) and CAFA, federal courts are in general agreement that "a crucial distinction must be made between a plaintiff who sues solely in his capacity as an agent, on the one hand, and, on the other, a plaintiff who sues ...
Myinfoguard v. Sorrell, 2012 U.S. Dist. LEXIS 161070 (D. Vt. Nov. 9, 2012): With respect to both section 1332(a) and CAFA, federal courts are in general agreement that “a crucial distinction must be made between a plaintiff who sues solely…
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 ...
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…
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 ...
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…
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 ...
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…
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 ...
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…
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 ...
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…
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 ...
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…
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 ...
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…

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