Commercial Litigation and Arbitration

Complex Lit Blog

From SEC v. Johnson, 2011 U.S. App. LEXIS 13123 (D.C. Cir. June 28, 2011): Venue for a civil action under the securities laws lies "in the district wherein the defendant is found or is an inhabitant or transacts business," or "in the district wherein any act or transaction constituting the violation occurred." § 78aa. By the reference ...
From SEC v. Johnson, 2011 U.S. App. LEXIS 13123 (D.C. Cir. June 28, 2011): Venue for a civil action under the securities laws lies “in the district wherein the defendant is found or is an inhabitant or transacts business,” or…
From Centrix HR, LLC v. On-Site Staff Mgmt., Inc., 2011 U.S. App. LEXIS 13001 (3d Cir. June 23, 2011): "[W]hether the district court properly interpreted and applied . . . our [remand] mandate . . . [is an] issue . . . of law, subject to plenary review[.] . . . A trial court must implement both the letter and spirit of the mandate, taki ...
From Centrix HR, LLC v. On-Site Staff Mgmt., Inc., 2011 U.S. App. LEXIS 13001 (3d Cir. June 23, 2011): “[W]hether the district court properly interpreted and applied . . . our [remand] mandate . . . [is an] issue .…
From In re Enron Creditors Recovery Corp. v. Alfa, S.A.B., 2011 U.S. App. LEXIS 13177 (2d Cir. June 28, 2011): This appeal raises an issue of first impression in the courts of appeals: whether 11 U.S.C. § 546(e), which shields "settlement payments" from avoidance actions in bankruptcy, extends to an issuer's payments to redeem its comm ...
From In re Enron Creditors Recovery Corp. v. Alfa, S.A.B., 2011 U.S. App. LEXIS 13177 (2d Cir. June 28, 2011): This appeal raises an issue of first impression in the courts of appeals: whether 11 U.S.C. § 546(e), which shields…
From Griffin v. Maryland, 419 Md. 343, 19 A.3d 415 (Ct. App. 2011) (reversing the decision of the Court of Special Appeals excerpted in our post of June 2, 2010): We ... hold that the pages allegedly printed from [Defendant] Griffin's girlfriend's MySpace profile were not properly authenticated.... Griffin was charged in numerous ...
From Griffin v. Maryland, 419 Md. 343, 19 A.3d 415 (Ct. App. 2011) (reversing the decision of the Court of Special Appeals excerpted in our post of June 2, 2010): We … hold that the pages allegedly printed from [Defendant]…
From MLSMK Inv. Co. v. JPMorgan Chase & Co., 2011 U.S. App. LEXIS 13822 (2d Cir. July 7, 2011): This case arises out of the massive and now infamous Ponzi scheme perpetrated by Bernard L. Madoff ***. Between October and December 2008, the plaintiff, MLSMK Investment Company ("MLSMK"), invested $12.8 million with Madoff's inv ...
From MLSMK Inv. Co. v. JPMorgan Chase & Co., 2011 U.S. App. LEXIS 13822 (2d Cir. July 7, 2011): This case arises out of the massive and now infamous Ponzi scheme perpetrated by Bernard L. Madoff ***. Between October and…
From Yurimindi v. Fuqua School of Business, 2011 U.S. App. LEXIS 13482 (3d Cir. July 1, 2011): In his 119-page third amended complaint, Vamsidhar Vurimindi sued Duke University's Fuqua School of Business ("Duke"), his fellow students in a Duke weekend MBA program, and corporations that employed or allegedly employed those students. ***< ...
From Yurimindi v. Fuqua School of Business, 2011 U.S. App. LEXIS 13482 (3d Cir. July 1, 2011): In his 119-page third amended complaint, Vamsidhar Vurimindi sued Duke University’s Fuqua School of Business (“Duke”), his fellow students in a Duke weekend…
Courts recognize that newspaper or other periodical stories posted on websites are self-authenticating under Federal Rule of Evidence 902(6) (Newspapers and Periodicals). See the article Internet and Email Evidence 2011 posted here. Although the cases have ...
Courts recognize that newspaper or other periodical stories posted on websites are self-authenticating under Federal Rule of Evidence 902(6) (Newspapers and Periodicals). See the article Internet and Email Evidence 2011 posted here. Although the cases have not found it…
From Ideal Steel Supply Corp. v. Anza, 2011 U.S. App. LEXIS 13176 (2d Cir. 2011) (2-1 decision): This case returns to us from the United States District Court for the Southern District of New York, Richard M. Berman, Judge, following the entry of a final judgment dismissing the third amended complaint (or "Complaint") of plaintiff Ideal ...
From Ideal Steel Supply Corp. v. Anza, 2011 U.S. App. LEXIS 13176 (2d Cir. 2011) (2-1 decision): This case returns to us from the United States District Court for the Southern District of New York, Richard M. Berman, Judge, following…
From Petersen v. Daimler Chrysler Corp., 2011 U.S. Dist. LEXIS 66862 (D. Utah June 22, 2011): Under Utah law, an heir is entitled to assign any interest he or she might have in the recovery from a wrongful death action. In re Behm's Estate, 213 P.2d 657, 662 (Utah 1950). In allowing such an assignment, the Utah Supreme Court drew a dist ...
From Petersen v. Daimler Chrysler Corp., 2011 U.S. Dist. LEXIS 66862 (D. Utah June 22, 2011): Under Utah law, an heir is entitled to assign any interest he or she might have in the recovery from a wrongful death action.…
From DeLauro v. Porto (In re Porto), 2011 U.S. App. LEXIS 13941 (11th Cir. July 8, 2011): Under Federal Rule of Appellate Procedure 4(a)(1), DeLauro had 30 days to file a notice of appeal from the final order resolving the matter. See Fed. R. App. P. 4(a)(1); see also 28 U.S.C. §§ 158(d)(1) and 1291 (giving the courts of appeals juris ...
From DeLauro v. Porto (In re Porto), 2011 U.S. App. LEXIS 13941 (11th Cir. July 8, 2011): Under Federal Rule of Appellate Procedure 4(a)(1), DeLauro had 30 days to file a notice of appeal from the final order resolving the…

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