Commercial Litigation and Arbitration

Complex Lit Blog

Kornhauser v. Comm’r of Social Security, 2012 U.S. App. LEXIS 13504 (11th Cir. July 2, 2012): Valinda S. Kornhauser brought this lawsuit to challenge the decision of the Commissioner of Social Security denying her claim for disability benefits. The District Court referred the case to a Magistrate Judge for a report and recommendation ...
Kornhauser v. Comm’r of Social Security, 2012 U.S. App. LEXIS 13504 (11th Cir. July 2, 2012): Valinda S. Kornhauser brought this lawsuit to challenge the decision of the Commissioner of Social Security denying her claim for disability benefits. The District…
Fuerst v. Fuerst, 832 F. Supp. 2d 210 (E.D.N.Y. 2011): As an initial matter, the Defendant's contention that sanctions are warranted relies on the presumption that the Settlement effectuated a release of the Plaintiff's claims. A review of the Settlement supports this presumption. The Settlement explicitly provides that the parties agree ...
Fuerst v. Fuerst, 832 F. Supp. 2d 210 (E.D.N.Y. 2011): As an initial matter, the Defendant’s contention that sanctions are warranted relies on the presumption that the Settlement effectuated a release of the Plaintiff’s claims. A review of the Settlement…
United States v. Little, 2012 U.S. Dist. LEXIS 90812 (N.D. Cal. June 18, 2012): C. Motion in Limine to Exclude Government Exhibit 109 Lastly, Little moves for an in limine order to exclude Government Exhibit 109, which consists of an email and an attached letter sent on July 1, 2003 by Little to Williams, with a copy to ...
United States v. Little, 2012 U.S. Dist. LEXIS 90812 (N.D. Cal. June 18, 2012): C. Motion in Limine to Exclude Government Exhibit 109 Lastly, Little moves for an in limine order to exclude Government Exhibit 109, which consists of an…
WMS Motor Sales v. Reese (In re Reese), 2012 U.S. App. LEXIS 12134 (6th Cir. June 13, 2012): Attorney-Appellant Irene K. M*** appeals the Bankruptcy Appellate Panel's ("BAP") imposition of sanctions for filing a frivolous appeal in bankruptcy proceedings involving WMS Motor Sales ("WMS"). After concluding that M***'s conduct was egregi ...
WMS Motor Sales v. Reese (In re Reese), 2012 U.S. App. LEXIS 12134 (6th Cir. June 13, 2012): Attorney-Appellant Irene K. M*** appeals the Bankruptcy Appellate Panel’s (“BAP”) imposition of sanctions for filing a frivolous appeal in bankruptcy proceedings involving…
Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545 (3d Cir. June 20, 2012): Generally, spoliation refers to situations where a party has altered, destroyed, or failed to produce evidence "relevant to an issue in a case." Bull v. United Parcel Serv., Inc., 665 F.3d 68, 73 (3d Cir. 2012) (quoting Brewer v. Quaker State Oil Refining Corp., 72 F ...
Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545 (3d Cir. June 20, 2012): Generally, spoliation refers to situations where a party has altered, destroyed, or failed to produce evidence “relevant to an issue in a case.” Bull v. United Parcel…
RSM Production Corp. v. Freshfields Bruckhaus Deringer US LLP, 2012 U.S. App. LEXIS 12784 (D.C. Cir. June 22, 2012): RSM Production Corporation ("RSM") appeals the dismissal of its complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), against the law firm Freshfields Bruckhaus Deringer U.S. LLP, and two of its partners, Jan P ...
RSM Production Corp. v. Freshfields Bruckhaus Deringer US LLP, 2012 U.S. App. LEXIS 12784 (D.C. Cir. June 22, 2012): RSM Production Corporation (“RSM”) appeals the dismissal of its complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), against the law…
Segal v. Strausser Enters., Inc., 2012 U.S. App. LEXIS 13228 (3d Cir. June 28, 2012): Appellees (collectively, "Segal") entered a real estate deal with Strausser Enterprises, Inc. ("SEI") that contained a mandatory arbitration clause. After the parties entered the contract, SEI believed that one of Segal's impending commercial transacti ...
Segal v. Strausser Enters., Inc., 2012 U.S. App. LEXIS 13228 (3d Cir. June 28, 2012): Appellees (collectively, “Segal”) entered a real estate deal with Strausser Enterprises, Inc. (“SEI”) that contained a mandatory arbitration clause. After the parties entered the contract,…
Greer v. Richardson Independent School Dist., 2012 U.S. App. LEXIS 11990 (5th Cir. June 13, 2012): On November 24, 2010, RISD moved for attorneys' fees pursuant to Federal Rule of Civil Procedure 54 and 28 U.S.C. § 1927, and it filed an Amended Motion for Attorney Fees on February 17, 2011. RISD sought the recovery of fees incurred as ...
Greer v. Richardson Independent School Dist., 2012 U.S. App. LEXIS 11990 (5th Cir. June 13, 2012): On November 24, 2010, RISD moved for attorneys’ fees pursuant to Federal Rule of Civil Procedure 54 and 28 U.S.C. § 1927, and it…
Wescott Agri-Products, Inc. v. Sterling State Bank, Inc., 2012 U.S. App. LEXIS 13214 (8th Cir. June 28, 2012): The district court granted summary1 judgment to Wescott Agri-Products, Inc. on Wescott's claim that Sterling State Bank, Inc. (bank) violated the Perishable Agricultural Commodities Act, 1930 (PACA), 7 U.S.C. § 499a et seq., b ...
Wescott Agri-Products, Inc. v. Sterling State Bank, Inc., 2012 U.S. App. LEXIS 13214 (8th Cir. June 28, 2012): The district court granted summary1 judgment to Wescott Agri-Products, Inc. on Wescott’s claim that Sterling State Bank, Inc. (bank) violated the Perishable…
Application of Consorcio Ecuatoriano de Telecomunicaciones S.A., Pursuant to 28 USC 1782, 2012 U.S. App. LEXIS 12949 (11th Cir. June 25, 2012) (NOTE: THIS OPINION WAS WITHDRAWN SUA SPONTE ON 1/10/14 -- see Application of Consorcio Ecuatoriano de Telecoms. S.A., 2014 U.S. App. LEXIS 531 (11th Cir. Jan. 10, 2014):
Application of Consorcio Ecuatoriano de Telecomunicaciones S.A., Pursuant to 28 USC 1782, 2012 U.S. App. LEXIS 12949 (11th Cir. June 25, 2012) (NOTE: THIS OPINION WAS WITHDRAWN SUA SPONTE ON 1/10/14 — see Application of Consorcio Ecuatoriano de Telecoms.…

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