Downey v. Bob’s Discount Furniture Holdings, Inc., 633 F.3d 1 (1st Cir. 2011): In 2005, the plaintiffs, Yvette Downey and her daughter, Ashley Celester, were living in Randolph, Massachusetts. Early that year they began to experience skin irritation, which they originally attributed to allergies or infections. In the crepuscular hours ...

Credit Suisse Secs. (USA) LLC v. Simmonds, 2012 WL 986812 (U.S. Mar. 26, 2012): In 2007, respondent Vanessa Simmonds filed 55 nearly identical actions under §16(b) against financial institutions that had underwritten various initial public offerings (IPOs) in the late 1990’s and 2000, including these petitioners. In a representative ...

From Gordon v. Pete’s Auto Serv. Of Denbigh, Inc., 2012 U.S. Dist. LEXIS 32262 (E.D. Va. Mar. 12, 2012): As the Fourth Circuit has previously noted in this case, "[retroactivity is not favored in the law." Gordon, 637 F.3d at 458 (quoting Bowen v. Georgetown Hosp., 488 U.S. 204, 208 (1988)). "This maxim is reflected in a presumption ...

Nelson v. Levy Home Entm’t, LLC, 2012 U.S. Dist. LEXIS 15320 (N.D. Ill. Feb. 8, 2012): Nelson testified that in her e-mail to Donohue, she wrote at the end that she "did not want to end up in jail like AMS employees or Adam Zoldan and his employees or something to that [e]ffect." Def. Ex. 3 at 42. Nelson also notes that Donohue stated ...

In re Application of Republic of Ecuador, 2012 U.S. Dist. LEXIS 32135 (N.D. Cal. Mar. 9, 2012) (magistrate judge's decision): Respondents label certain third party consultants (e.g., Golder Associates, NewFields, CH2M Hill, ENTRIX, Quantum Informe, GSI Environmental, Inc., Doug Reagan & Associates) as Chevron's "agents," seeking prot ...

Carpenter v. Donegan, 2012 U.S. Dist. LEXIS 35176 (N.D.N.Y. Mar. 15, 2012): The permissible number of Interrogatories is controlled by Rule 33(a) which reads in part, "[u]nless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts [.]" ...

SIPC v. Bernard L. Madoff Inv. Secs., 460 B.R. 106 (Bankr. S.D.N.Y. 2011): The Second Circuit has indicated that entering into a contract with a New York choice of law clause is "a significant factor in a personal jurisdiction analysis because the parties . . . invoke the benefits and protections of New York law." Sunward Elect ...

From Roland v. Green, 2012 U.S. App. LEXIS 5672 (5th Cir. Mar. 19, 2012): Since Dabit, six of our sister circuit courts have tried to give dimension to the "coincide" requirement announced in SEC v. Zandford and brought into the SLUSA scheme in Dabit. Romano v. Kazacos, 609 F.3d 512 (2d Cir. 2010); Segal v. Fifth Third Bank, N.A., 581 ...

In re Motor Fuel Temperature Sales Practices Litig., 2012 U.S. Dist. LEXIS 6433 (D. Kan. Jan. 19, 2012): III. Rule 23 Requirements Rule 23, Fed. R. Civ. P., governs class certification. Under Rule 23(a), the party seeking class certification must first demonstrate that: (1) the class is ...

Dierig v. Lees Leisure Indus., 2012 U.S. Dist. LEXIS 26181 (E.D. Ky. Feb. 28, 2012): Defendant Lees Leisure, a business entity organized under the laws of Canada, asserts that service was not made in accordance with the Hague Convention and is therefore ineffective, meriting dismissal. (Doc. # 11-1 at 16).*** Footn ...