From CI Int’l Fuels, Ltda. V. Helm Bank, S.A., 707 F. Supp. 2d 1351 (S.D. Fla. 2010): On March 5, 2010, the Plaintiffs moved to remand this action to state court "on an issue of first impression in Florida and the Eleventh Circuit." (Mot. 1). According to the Plaintiffs, the removal is ineffective because Regions failed to comply with ...

From In re Fosamax Prods. Liab. Litig., 2010 U.S. Dist. LEXIS 105769 (S.D.N.Y. Oct. 4, 2010): The quoted passages from Mr. Douglas' summation demonstrated that he was arguing punitive damages and because of the Court's August 5, 2009 Opinion, he had ample notice that exemplary or punitive damages were not before the jury. Mr. Ross' argum ...

From Estate of Schneider v. Finmann, 15 N.Y.3d 306 (2010): At issue in this appeal is whether an attorney may be held liable for damages resulting from negligent representation in estate tax planning that causes enhanced estate tax liability. We hold that a personal representative of an estate may maintain a legal malpractice claim for ...

From Mike Hooks Dredging Co. v. Eckstein Marine Serv., 2010 U.S. Dist. LEXIS 101724 (E.D. La. Sept. 27, 2010): Eckstein opposes Longman's motion, arguing that a genuine issue of material fact exists as to whether Longman's was a broker or a charterer. *** It argues that an email sent by Longman's related to the litigation admitted that L ...

From McElgunn v. CUNA Mut. Ins. Soc., 700 F. Supp. 2d 1141 (D.S.D. 2010): Defendant argues that the court erred in allowing the jury to observe defendant's numerous objections found throughout the designated portions of JoAnn Schonasky's videotaped deposition. Defendant also argues that the jury should not have been allowed to observe the ...

From Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D. Md. Sept. 9, 2010): Court papers formerly were cited as "Paper No." or "Doc. No." The recently-published Nineteenth Edition of The Bluebook provides that electronically-filed documents should be cited as "ECF No."

From Norex Petroleum Ltd. v. Access Indus., 2010 U.S. App. LEXIS 19982 (2d Cir. Sept. 28, 2010): The issue before us is whether a United States federal court can properly hear a claim under the Racketeer Influenced and Corrupt Organization Act ("RICO"), 18 U.S.C. § 1961 et seq., arising from allegations of a conspiracy which primarily i ...

From Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D. Md. Sept. 9, 2010): Through four years of discovery, during which Defendant Mark Pappas, President of Defendant CPI, had actual knowledge of his duty to preserve relevant information, Defendants delayed their electronically stored information ("ESI") produ ...

The Court ordered the parties to arbitration pursuant to contract, on defendant’s motion, in Positive Software Solutions, Inc. v. New Century Mortgage Corp., 2010 U.S. App. LEXIS 19072 (5th Cir. Sept. 13, 2010): During arbitration, [Attorney] Camina advised [Defendant] New Century on various discovery matters. In September 2004, the dis ...

From McKissick v. Gemstar-TV Guide Int’l, Inc., 2010 U.S. App. LEXIS 18753 (10th Cir. Sept. 8, 2010): The *** "No Actions Clause" [provides]: 17. No Actions. Employee represents and warrants that she has not filed any complaints or charges or lawsuits against the Company with any governmental agency or any court, ...