Commercial Litigation and Arbitration

Complex Lit Blog

Vandenberg Inc. v. Townhouse 84, LLC, 2012 N.Y. Misc. LEXIS 4420, 2012 NY Slip Op 32351U (Sup. Ct. N.Y. Cnty. Sept. 7, 2012): Of this evidence that Townhouse 84, LLC, is an LLC separate from 45 West 84th Street, LLC, at least the latter documents, from an official government web site, are admissible. LaSonde v. Seabrook, 89 A ...
Vandenberg Inc. v. Townhouse 84, LLC, 2012 N.Y. Misc. LEXIS 4420, 2012 NY Slip Op 32351U (Sup. Ct. N.Y. Cnty. Sept. 7, 2012): Of this evidence that Townhouse 84, LLC, is an LLC separate from 45 West 84th Street, LLC,…
Gibson v. Solideal USA, Inc., 2012 U.S. App. LEXIS 14415 (6th Cir. July 10, 2012): 28 U.S.C. § 1927 and the Court's Inherent Power *** Footnote 3. Notably, in this case, sanctions under § 1927 could be imposed only on Catlett [plaintiff’s counsel] and would not apply to Gibson [plaintiff] ...
Gibson v. Solideal USA, Inc., 2012 U.S. App. LEXIS 14415 (6th Cir. July 10, 2012): 28 U.S.C. § 1927 and the Court’s Inherent Power *** Footnote 3. Notably, in this case, sanctions under § 1927 could be imposed only on…
Meredith v. Int’l Marine Underwriters, 2012 U.S. Dist. LEXIS 100972 (D. Md. July 20, 2012): Federal Rule of Civil Procedure 26(a)(2)(A) requires litigants to disclose "the identity of any witness [they] may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705." Fed.R.Civ.P. 26. Rule 26(a)(2)(B) further re ...
Meredith v. Int’l Marine Underwriters, 2012 U.S. Dist. LEXIS 100972 (D. Md. July 20, 2012): Federal Rule of Civil Procedure 26(a)(2)(A) requires litigants to disclose “the identity of any witness [they] may use at trial to present evidence under Federal…
Taylor v. Univ. of Phoenix/Apollo Group, 2012 U.S. App. LEXIS 18865 (5th Cir. Sept. 7, 2012): Taylor contends that the award should be vacated because it was procured by fraud. "The statute does not provide for vacatur in the event of any fraudulent conduct, but only 'where the award was procured by corruption, fraud, or un ...
Taylor v. Univ. of Phoenix/Apollo Group, 2012 U.S. App. LEXIS 18865 (5th Cir. Sept. 7, 2012): Taylor contends that the award should be vacated because it was procured by fraud. “The statute does not provide for vacatur in the event…
PacifiCorp v. Nw. Pipeline GP, 2012 U.S. Dist. LEXIS 98313 (D. Or. July 16, 2012): PacifiCorp seeks discovery of at least 76 communications authored by, received by, or copied to GTN non-retained experts on topics about which they intend to testify, many of which involved GTN's in-house and outside counsel. GTN objects that these ...
PacifiCorp v. Nw. Pipeline GP, 2012 U.S. Dist. LEXIS 98313 (D. Or. July 16, 2012): PacifiCorp seeks discovery of at least 76 communications authored by, received by, or copied to GTN non-retained experts on topics about which they intend to…
Orenshteyn v. Citrix Sys., Inc., 2012 U.S. App. LEXIS 15507 (Fed. Cir. July 26, 2012): By statute, this court has jurisdiction over an appeal of a decision of a district court if it is "final" under 28 U.S.C. § 1295(a)(1) or if it is an interlocutory order as specified in 28 U.S.C. § 1292. The district court's decision on the merits * ...
Orenshteyn v. Citrix Sys., Inc., 2012 U.S. App. LEXIS 15507 (Fed. Cir. July 26, 2012): By statute, this court has jurisdiction over an appeal of a decision of a district court if it is “final” under 28 U.S.C. § 1295(a)(1)…
Kecia v. Bach & Wasserman, LLC, 2012 U.S. App. LEXIS 18136 (5th Cir. Aug. 27, 2012): In May 2002, the Josephs received a settlement from a personal injury matter. They invested the money in different ventures, including several retail food trailers. They purchased two new food units for their business from Customs Sales ("Customs"), pay ...
Kecia v. Bach & Wasserman, LLC, 2012 U.S. App. LEXIS 18136 (5th Cir. Aug. 27, 2012): In May 2002, the Josephs received a settlement from a personal injury matter. They invested the money in different ventures, including several retail food…
Melliott v. MSN Commc’ns, Inc., 2012 U.S. App. LEXIS 15218 (10th Cir. July 24, 2012): John R. Olsen, who was the plaintiff's attorney in the underlying district-court action, and his law firm appeal a Fed. R. Civ. P. 11 sanction imposed on them. Although we sympathize with the district court's frustration with Mr. Olsen's conduct, the ...
Melliott v. MSN Commc’ns, Inc., 2012 U.S. App. LEXIS 15218 (10th Cir. July 24, 2012): John R. Olsen, who was the plaintiff’s attorney in the underlying district-court action, and his law firm appeal a Fed. R. Civ. P. 11 sanction…
Lacey v. Maricopa Cnty., 2012 U.S. App. LEXIS 18320 (9th Cir. Aug. 29, 2012): Before we consider his claim to immunity, we must address whether the claims against Maricopa County Attorney Andrew Thomas are properly before us, as our circuit law appears to require that we consider the claims against Thomas to be waived. Thomas was na ...
Lacey v. Maricopa Cnty., 2012 U.S. App. LEXIS 18320 (9th Cir. Aug. 29, 2012): Before we consider his claim to immunity, we must address whether the claims against Maricopa County Attorney Andrew Thomas are properly before us, as our circuit…
Woolsey v. Citibank, N.A., 2012 U.S. App. LEXIS 18597 (10th Cir. Sept. 4, 2012): Like so many these days, Stephanie and Kenneth Woolsey owe more money on their home than it's worth. In fact, the value of their home doesn't come close to covering the balance due on their first mortgage, much less the amount they owe on a second. And it's ...
Woolsey v. Citibank, N.A., 2012 U.S. App. LEXIS 18597 (10th Cir. Sept. 4, 2012): Like so many these days, Stephanie and Kenneth Woolsey owe more money on their home than it’s worth. In fact, the value of their home doesn’t…

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