Commercial Litigation and Arbitration

Complex Lit Blog

Zavala v. Wal-Mart Stores, Inc., 2012 U.S. App. LEXIS 16610 (3d Cir. Aug. 9, 2012): This suit was brought in the U.S. District Court for the District of New Jersey by Wal-Mart cleaning crew members who are seeking compensation for unpaid overtime and certification of a collective action under the Fair Labor Standards Act (FLSA), civil d ...
Zavala v. Wal-Mart Stores, Inc., 2012 U.S. App. LEXIS 16610 (3d Cir. Aug. 9, 2012): This suit was brought in the U.S. District Court for the District of New Jersey by Wal-Mart cleaning crew members who are seeking compensation for…
Gilster v. Primebank, 2012 U.S. Dist. LEXIS 114447 (N.D. Iowa Aug. 14, 2012): Footnote 8. The defendants ... maintain that I erred when I permitted Elizabeth Pratt to offer expert opinion testimony on whether Gilster would experience anxiety and stress in the future because Gilster failed to disclose Pratt's expert opinion on this s ...
Gilster v. Primebank, 2012 U.S. Dist. LEXIS 114447 (N.D. Iowa Aug. 14, 2012): Footnote 8. The defendants … maintain that I erred when I permitted Elizabeth Pratt to offer expert opinion testimony on whether Gilster would experience anxiety and stress…
Acticon AG v. China NE Petroleum Holdings Ltd., 2012 WL 3104589 (2d Cir. Aug. 1, 2012): This case requires us to consider whether the fact that a stock’s share price recovered soon after the fraud became known defeats an inference of economic loss in a securities fraud suit. Plaintiff–Appellant Acticon AG (“Acticon”) is t ...
Acticon AG v. China NE Petroleum Holdings Ltd., 2012 WL 3104589 (2d Cir. Aug. 1, 2012): This case requires us to consider whether the fact that a stock’s share price recovered soon after the fraud became known defeats an inference…
Braunstein v. Ariz. Dep’t of Transportation, 2012 U.S. App. LEXIS 13150 (9th Cir. June 27, 2012): Under § 1927, an attorney who unreasonably and vexatiously "multiplies the proceedings" in a case may be required to pay the excess fees and costs caused by such conduct. Unlike an award of attorneys' fees under § 1988, an award of sanc ...
Braunstein v. Ariz. Dep’t of Transportation, 2012 U.S. App. LEXIS 13150 (9th Cir. June 27, 2012): Under § 1927, an attorney who unreasonably and vexatiously “multiplies the proceedings” in a case may be required to pay the excess fees and…
Edwards-Brown v. Crete-Monee 201 U School Dist., 2012 U.S. App. LEXIS 16358 (7th Cir. Aug. 7, 2012): We note first that the district court properly construed Brown's "motion" for voluntary dismissal as a notice of voluntary dismissal under Rule 41(a)(1). That she incorrectly called it a "motion to dismiss" is irrelevant. See S ...
Edwards-Brown v. Crete-Monee 201 U School Dist., 2012 U.S. App. LEXIS 16358 (7th Cir. Aug. 7, 2012): We note first that the district court properly construed Brown’s “motion” for voluntary dismissal as a notice of voluntary dismissal under Rule 41(a)(1).…
In re Halo Wireless, Inc., 2012 U.S. App. LEXIS 12284 (5th Cir. June 18, 2012): [I]n Alpern v. Lieb, 11 F.3d 689 (7th Cir. 1993), the Seventh Circuit held that a proceeding to impose sanctions under Rule 11 was exempt from the automatic stay. The court stated: [t]he Rule 11 sanction is meted out by a gov ...
In re Halo Wireless, Inc., 2012 U.S. App. LEXIS 12284 (5th Cir. June 18, 2012): [I]n Alpern v. Lieb, 11 F.3d 689 (7th Cir. 1993), the Seventh Circuit held that a proceeding to impose sanctions under Rule 11 was exempt…
Lanier v. Syncreon Holdings, Ltd., 2012 U.S. Dist. LEXIS 114117 (E.D. Mich. Aug. 14, 2012): Whether a motion to dismiss based on the existence of a valid forum selection clause is properly granted pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction, Rule 12(b)(3) for improper venue, or Rule 12(b)(6) for failure to stat ...
Lanier v. Syncreon Holdings, Ltd., 2012 U.S. Dist. LEXIS 114117 (E.D. Mich. Aug. 14, 2012): Whether a motion to dismiss based on the existence of a valid forum selection clause is properly granted pursuant to Rule 12(b)(1) for lack of…
Halasa v. ITT Educational Servs., 2012 U.S. App. LEXIS 16930 (7th Cir. Aug. 14, 2012): ITT Educational Services is a for-profit corporation that runs "ITT Technical Institutes" in several locations throughout the United States, including Lathrop, California. Plaintiff Jason Halasa was the Lathrop Campus's College Director for six months ...
Halasa v. ITT Educational Servs., 2012 U.S. App. LEXIS 16930 (7th Cir. Aug. 14, 2012): ITT Educational Services is a for-profit corporation that runs “ITT Technical Institutes” in several locations throughout the United States, including Lathrop, California. Plaintiff Jason Halasa…
Am. Int’l Grp. v. Bank of Am., 2012 U.S. Dist. LEXIS 106072 (S.D.N.Y. July 29, 2012): Plaintiffs initiated this action in New York State Court in August 2011. Defendants removed the action to federal court, and Plaintiffs then filed a motion in this Court to remand the case to state court. On October 20, 2011, the Court denied Plainti ...
Am. Int’l Grp. v. Bank of Am., 2012 U.S. Dist. LEXIS 106072 (S.D.N.Y. July 29, 2012): Plaintiffs initiated this action in New York State Court in August 2011. Defendants removed the action to federal court, and Plaintiffs then filed a…
Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., 2012 U.S. App. LEXIS 16450 (Fed Cir. Aug. 7, 2012): Allcare Health Management Systems, Inc. ("Allcare") appeals from an order of the United States District Court for the Northern District of Texas finding this case exceptional under 35 U.S.C. § 285 and awarding attorneys' fees and cost ...
Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., 2012 U.S. App. LEXIS 16450 (Fed Cir. Aug. 7, 2012): Allcare Health Management Systems, Inc. (“Allcare”) appeals from an order of the United States District Court for the Northern District of Texas…

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