From Aikens v. County of Ventura, 2011 Cal. App. Unpub. LEXIS 4986 (Cal. App. June 30, 2011): Homeowners brought an action against local governmental entities for inverse condemnation, continuing public nuisance, and continuing dangerous condition of public property. The governmental entities are the County of Ventura (the County) and t ...

From Doca Co. v. Westinghouse Elec. Co., LLC, 2011 U.S. Dist. LEXIS 59352 (W.D. Pa. June 2, 2011): Plaintiff DOCA Company ... [i]s successor to Caldon Company (hereinafter referred to as "Caldon")*** A Caldon employee created a timeline designed to help counsel understand the background facts of the current lawsuit. This timeline ...

From Walker v. THI of New Mexico at Hobbs Ctr., 2011 U.S. Dist. LEXIS 65287 (D. N.M. May 20, 2011): The authorities have split on the question whether an abuse-of-process counterclaim is a compulsory counterclaim in the action which is allegedly abusive. See Pochiro v. Prudential Ins. Co. of Am., 827 F.2d 1246, 1252 (9th Cir. 1987).

From USF Ins. Co. v. Smith’s Food & Drug Ctr., Inc., 2011 U.S. Dist. LEXIS 63926 (D. Nev. June 16, 2011): Smith's first response to Request Nos. 5, 6 and 9-25 consisted solely of a repeated boilerplate objection. Its supplemental responses to each of these requests likewise consisted of a substantially similar, repeated response:

From Koehl v. Greene, 2011 U.S. App. LEXIS 12345 (2d Cir. June 16, 2011): The district court "has the inherent power to supervise and control its own proceedings and to sanction . . . a litigant for bad-faith conduct or for disobeying the court's orders." Mickle v. Morin, 297 F.3d 114, 125 (2d Cir. 2002). Among the sanctions available t ...

From United States v. Jicarilla Apache Nation, 2011 U.S. LEXIS 4381 (U.S. June 13, 2011) (reversing the decision excerpted in our post of January 3, 2010): The attorney-client privilege ranks among the oldest and most established evidentiary privileges known to our law. The common law, however, has recognized an exception to the privile ...

From J. McIntyre Machinery, Ltd. v. Nicastro, 2011 U.S. LEXIS 4800 (U.S. June 27, 2011) (plurality opinion of Justice Kennedy): Whether a person or entity is subject to the jurisdiction of a state court despite not having been present in the State either at the time of suit or at the time of the alleged injury, and despite not h ...

From Goodyear Dunlop Tires Operations, S.A. v. Brown, 2011 U.S. LEXIS 4801 (U.S. June 27, 2011): This case concerns the jurisdiction of state courts over corporations organized and operating abroad. We address, in particular, this question: Are foreign subsidiaries of a United States parent corporation amenable to suit in state court on ...

From Janus Capital Group, Inc. v. First Deriv. Traders, 180 L. Ed. 2d 166, 2011 U.S. LEXIS 4380 (U.S. June 13, 2011): One "makes" a statement by stating it. When "make" is paired with a noun expressing the action of a verb, the resulting phrase is "approximately equivalent in sense" to that verb. 6 Oxford English Dictionary 66 ...

From Am. Elec. Power Co. v. Connecticut, 2011 U.S. LEXIS 4565 (U.S. June 20, 2011): We address in this opinion the question whether the plaintiffs (several States, the city of New York, and three private land trusts) can maintain federal common law public nuisance claims against carbon-dioxide emitters (four private power companies and ...