From Aponte v. City of N.Y. Dep’t of Corrections, 377 Fed. Appx. 99 (2d Cir. 2010): Rule 60(b)(2) provides, in relevant part, that a motion for relief from a judgment or order may be granted based on "newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b ...

From Am. Gen. Life Ins. Co. v. Billard, 2010 U.S. Dist. LEXIS 114961 (N.D. Iowa Oct. 28, 2010): [Scope of 30(b)(6) Deposition] The deposition of Nancy Yasso was taken in accordance with Federal Rule of Civil Procedure 30(b)(6), pursuant to a first amended notice served on AGLIC. In his notice, Billard stated that he w ...

From In re Beers, 2010 U.S. App. LEXIS 22475 (3d Cir. Oct. 29, 2010): Beers contends that the District Court erred in concluding that the legal standard for 28 U.S.C. § 1927 sanctions includes a required element of bad faith. We find no such error. Both the District Court and the Bankruptcy Court thoroughly reviewed the applicable law ...

From Shaw Constructors, Inc. v. HPD, LLC, 2010 U.S. Dist. LEXIS 114598 (E.D. La. Oct. 25, 2010): In 2008, the Supreme Court decided Hall Street Associates v. Mattel, Inc., in which it held that the statutory grounds contained in the FAA are the exclusive means by which an arbitral award may be vacated. 552 U.S. at 584. The Court d ...

From Poptech, LP v. Stewardship Inv. Advisors, LLC, 2010 U.S. Dist. LEXIS 114711 (D. Conn. Oct. 28, 2010): Currently pending before the Court is Plaintiff Poptech, LP's ("Poptech's") Motion for Appointment as Lead Plaintiff and to Approve Its Selection of Lead Counsel . . . . In the motion, Poptech seeks to be appointed as co-Lead Plainti ...

From Mezu v. Morgan St. Univ., 2010 U.S. Dist. LEXIS 113817 (D. Md. Oct. 22, 2010): Fed. R. Civ. P. 33(a)(1) provides that "a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts." *** Probably the best test of whether subsequent questions, within a ...

From Marianist Province of U.S., Inc. v. Century Indem. Co., 2010 U.S. Dist. LEXIS 110888 (D. Colo. Oct. 5, 2010): In Colorado, the joint defense (or common interest) doctrine is an exception to the general rule that the attorney-client privilege is waived when privileged information is disclosed to third parties. Black v. Southwester ...

From Calabro & Assocs. v. Katz, 26 Misc. 3d 137A, 907 N.Y.S.2d 99 (1st Dept. 2010): The counterclaim for sanctions under 22 NYCRR 130-1.1 should have been dismissed, since no independent cause of action for such sanctions exists (see Siegel, NY Practice § 414A [4th ed]; see also 22 NYCRR 130-1.1[d]). In any event, construed as a motion ...

From Kelly v. U.S. Bank, 2010 U.S. Dist. LEXIS 110127 (D. Or. July 30, 2010): U.S. Bank objects that this declaration is inadmissible because it was unsworn. The court agrees that the declaration is inadmissible.... An affidavit is, by definition, a statement taken under oath. See Black's Law Dictionary 66 (9th ed. 2009) (defining ...

From Bone Care Int’l LLC v. Pentech Pharmaceuticals, Inc., 2010 U.S. Dist. LEXIS 105118 (N.D. Ill. Oct. 1, 2010): Plaintiffs *** submit that Mr. Sofocleous should be barred from testifying regarding the area in which they concede Mr. Sofocleous has professional experience: patent law. *** The Court agrees that any testimony Mr. ...