Commercial Litigation and Arbitration

Complex Lit Blog

Barbieri v. Fishoff, 98 A.D.3d 703 (2d Dept. 2012): The plaintiff hired the defendant attorney on the eve of trial to represent him in an adversary proceeding in bankruptcy court, in which the plaintiff contended that his signature on a certain real estate document was forged. At the time he hired the defendant, the plaintiff had al ...
Barbieri v. Fishoff, 98 A.D.3d 703 (2d Dept. 2012): The plaintiff hired the defendant attorney on the eve of trial to represent him in an adversary proceeding in bankruptcy court, in which the plaintiff contended that his signature on a…
Sovereign Military Hospitaller Order vs. Florida Priory of the nights Hospitallers, 2012 U.S. App. LEXIS 19104 (11th Cir. Sept. 11, 2012): Plaintiff-Appellant Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta (Plaintiff Order) is a religious order of the Roman Catholic Church that undertakes charitab ...
Sovereign Military Hospitaller Order vs. Florida Priory of the nights Hospitallers, 2012 U.S. App. LEXIS 19104 (11th Cir. Sept. 11, 2012): Plaintiff-Appellant Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta (Plaintiff Order) is a…
Koch v. Christie’s Int’l PLC, 2012 U.S. App. LEXIS 20758 (2d Cir. Oct. 4, 2012): For wine, timing is critical. The same is true for causes of action.*** The essence of Koch's allegations against Christie's is that Christie's promoted as authentic a cache of wine that was ostensibly bottled in the late eighteenth century ...
Koch v. Christie’s Int’l PLC, 2012 U.S. App. LEXIS 20758 (2d Cir. Oct. 4, 2012): For wine, timing is critical. The same is true for causes of action.*** The essence of Koch’s allegations against Christie’s is that Christie’s promoted as…
Washington v. Roosen, Varchetti & Oliver, PPLC, 2012 U.S. Dist. LEXIS 141048 (W.D. Mich. Sept. 17, 2012): This matter comes before the Court on two motions to dismiss. (ECF Nos. 5 and 6.) Defendant Web Equity ("Web Equity") filed the first motion to dismiss, along with a supporting brief. (ECF No. 5.) Defendant Roosen, Varchetti & Olive ...
Washington v. Roosen, Varchetti & Oliver, PPLC, 2012 U.S. Dist. LEXIS 141048 (W.D. Mich. Sept. 17, 2012): This matter comes before the Court on two motions to dismiss. (ECF Nos. 5 and 6.) Defendant Web Equity (“Web Equity”) filed the…
Certain Underwriters at Lloyd's of London v. Ill. Nat’l Ins. Co., 2012 U.S. Dist. LEXIS 141798 (S.D.N.Y. Sept. 24, 2012) (Preska, Ch. J.): Certain Underwriters at Lloyd's of London ("Underwriters"), Aspen Insurance UK Ltd. ("Aspen"), and Arch Insurance Company (Europe) Ltd. ("Arch-Europe") (collectively, "Plaintiffs") commenced this d ...
Certain Underwriters at Lloyd’s of London v. Ill. Nat’l Ins. Co., 2012 U.S. Dist. LEXIS 141798 (S.D.N.Y. Sept. 24, 2012) (Preska, Ch. J.): Certain Underwriters at Lloyd’s of London (“Underwriters”), Aspen Insurance UK Ltd. (“Aspen”), and Arch Insurance Company (Europe)…
Joseph DelGreco & Co. v. DLA Piper LLP, 2012 U.S. Dist. LEXIS 142017 (S.D.N.Y. Oct. 1, 2012) (Engelmayer, J.): Defendant DLA Piper LLP ("DLA"), a law firm, moves for summary judgment against the Complaint of plaintiffs Joseph DelGreco and DelGreco & Co. (collectively, "DelGreco" or "plaintiffs"), which alleges that DLA committed various ...
Joseph DelGreco & Co. v. DLA Piper LLP, 2012 U.S. Dist. LEXIS 142017 (S.D.N.Y. Oct. 1, 2012) (Engelmayer, J.): Defendant DLA Piper LLP (“DLA”), a law firm, moves for summary judgment against the Complaint of plaintiffs Joseph DelGreco and DelGreco…
Oliva v. Nat’l City Mortgage Co., 2012 U.S. App. LEXIS 16129 (9th Cir. Aug 3, 2012): The district court did not abuse its discretion by declining to award defendants attorney's fees. Defendants were not entitled to attorney's fees under Nev. Rev. Stat. §§ 7.085 and 18.010 because plaintiffs' alleged misconduct was procedural in n ...
Oliva v. Nat’l City Mortgage Co., 2012 U.S. App. LEXIS 16129 (9th Cir. Aug 3, 2012): The district court did not abuse its discretion by declining to award defendants attorney’s fees. Defendants were not entitled to attorney’s fees under Nev.…
United States v. Vallone, 2012 U.S. App. LEXIS 20308 (7th Cir. Sept. 28, 2012): At the conclusion of an eleven week trial, a jury convicted defendants *** of conspiring to defraud the United States by impeding and impairing the functions of the Internal Revenue Service ("IRS") and to commit offenses against the United States, along wit ...
United States v. Vallone, 2012 U.S. App. LEXIS 20308 (7th Cir. Sept. 28, 2012): At the conclusion of an eleven week trial, a jury convicted defendants *** of conspiring to defraud the United States by impeding and impairing the functions…
ZF Meritor, LLC v. Eaton Corp., 2012 U.S. App. LEXIS 20342 (3d Cir. Sept. 28, 2012): 2. Expert Testimony on Damages In their cross-appeal, Plaintiffs argue that the District Court erred in excluding DeRamus's testimony on the issue of damages. The core of DeRamus's damages analysis was one page (titled "Five Year Pr ...
ZF Meritor, LLC v. Eaton Corp., 2012 U.S. App. LEXIS 20342 (3d Cir. Sept. 28, 2012): 2. Expert Testimony on Damages In their cross-appeal, Plaintiffs argue that the District Court erred in excluding DeRamus’s testimony on the issue of damages.…
Silver v. Countrywide Home Loans, Inc., 2012 U.S. App. LEXIS 11620 (11th Cir. June 8, 2012): Silver contends that the district court abused its discretion by not imposing sanctions and by not finding an inference of spoliation against Countrywide for failing to turn over emails relevant to the case and for failing to have a proper liti ...
Silver v. Countrywide Home Loans, Inc., 2012 U.S. App. LEXIS 11620 (11th Cir. June 8, 2012): Silver contends that the district court abused its discretion by not imposing sanctions and by not finding an inference of spoliation against Countrywide for…

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