From Keller Founds., Inc. v. Suncoast Post-Tension, LP, 2010 U.S. App. LEXIS 23838 (5th Cir. Nov. 19, 2010): Wausau *** challenges the *** holding that the policy covering Old Suncoast transferred by operation of law when the Keller Companies acquired the assets of Old Suncoast. The question of whether insurance coverage for pre-acquisit ...

From Nat’l Ass’n of Hom Builders v. OSHA, 602 F.3d 464 (D.C. Cir. 2010): A driver exceeding the speed limit runs a red light and swerves onto the opposite lane. Three violations of the law against reckless driving or one? Five punches to a victim's face without provocation. One battery or five? Same result if the punches were hou ...

From NS Holdings LLC v. Am. Int’l Group, 2010 U.S. Dist. LEXIS 125077 (C.D. Cal. Nov. 15, 2010): Having found the arbitration provision to be enforceable, the Court must now address the provision's applicability to Defendants AIG and Chartis. The policy at issue in this case was entered into between Plaintiffs and Defendant AISLIC. D ...

On Wednesday, December 1, amended federal expert witness and summary judgment rules go into effect. The principal changes are to Rule 26: 1. Communications between counsel and retained experts are generally protected from disclosure or discovery. 2. Counsel must prepare disclosures summarizing the facts and opinions of experts ...

From Terry v. Woller, 2010 U.S. Dist. LEXIS 122181 (C.D. Ill. Nov. 18, 2010): Motions to reconsider should only be presented when law or facts change significantly after an issue has been presented to the court, when the court has "patently misunderstood a party", when the court has made a decision outside the adversarial issues presente ...

From HR US LLC v. Mizco Int’l, Inc., 2010 U.S. Dist. LEXIS 103123 (E.D.N.Y. Sept. 28, 2010) (defense seeking attorney's fees arguing that the case is "exceptional" within the meaning of 35 U.S.C. § 285 but relying on sanctions precedents): Plaintiff did not engage in litigation misconduct by filing in a proper, but ultimately inconven ...

From In re Application of Chevron Corp., 2010 U.S. Dist. LEXIS 117679 (S.D.N.Y. Nov. 10, 2010): II. Deposition of Adverse Counsel "Courts have been . . . concerned about the burdens imposed on the adversary process when lawyers themselves have been the subject of discovery requests, and have resisted the idea that lawye ...

From Lawrence v. Richman Group of CT LLC, 620 F.3d 153 (2d Cir. 2010): In an order dated March 4, 2005, the district court dismissed Lawrence's first amended complaint in this case, finding that it failed to plead a contract that was legal and enforceable. Nevertheless, based on counsel's representation that this defect could be cured b ...

Download associated file: Attorney Client Privilege in Congressional Investigations.pdf  The American College of Trial Lawyers has just published an excellent white paper on the Attorney-Client Privilege in Congressional Investigations. It can be found at the link above ...

From Gollehon v. Mahoney, 2010 U.S. App. LEXIS 23944 (9th Cir. Nov. 22, 2010): As an initial matter, we address Gollehon's contention that he lacked fair notice because "no decision of the Montana Supreme Court (up until [his] case) even considered whether an offender convicted of deliberate homicide by accountability could be sentenced t ...