From Logan v. U.S. Bank N.A., 2010 U.S. Dist. LEXIS 46314 (C.D. Cal. April 12, 2010): A statute explicitly creates a private right of action when the statute contains language that defines a cause of action. *** Statutes that expressly provide for a private right of action identify the person(s) able to bring suit, those that are potentia ...

From Leader Techs., Inc. v. Facebook, Inc., 2010 U.S. Dist. LEXIS 21100 (D. Del. Mar. 9, 2010): Claim construction is a question of law. Markman v. Westview Instruments, Inc., 52 F.3d 967, 977-78 (Fed. Cir. 1995), aff'd, 517 U.S. 370, 388-90, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996). When construing the claims of a patent ...

From Am. Honda Motor Co. v. Allen, 600 F.3d 813 (7th Cir. 2010): We hold that when an expert's report or testimony is critical to class certification, as it is here, ... a district court must conclusively rule on any challenge to the expert's qualifications or submissions prior to ruling on a class certification motion. That is, the dist ...

From Kashner Davidson Securities Corp. v. Mscisz, 601 F.3d 19 (1st Cir. 2010): Kashner Davidson argues that a recent Supreme Court decision, Hall Street Assocs. v. Mattel, Inc., 552 U.S. 576, 128 S. Ct. 1396, 170 L. Ed. 2d 254 (2008), undermines our earlier mandate in this case. In Hall Street, the Supreme Court held that ...

From Gifford v. Meda, 2010 U.S. Dist. LEXIS 45322 (E.D. Mich. May 10, 2010): Under the Rooker-Feldman doctrine, "lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments." Lance v. Dennis, 546 U.S. 459, 463 (2006). The Supreme Court in Lance, and in its prior term in ...

Download associated file: Elements of a Preservation Rule.pdf  The Advisory Committee on the Federal Rules of Civil Procedure and the Standing Committee on Rules of Practice and Procedure sponsored the Duke Conference on Civil Litigation on Monday and Tuesday of this wee ...

From BDT Prods., Inc. v. Lexmark Int’l, Inc., 2010 U.S. App. LEXIS 8203 (6th Cir. April 21, 2010): Meisenheimer's first argument is that the district court erred to the extent that it imposed sanctions under 28 U.S.C. § 1927, as § 1927 permits the imposition of sanctions against individual lawyers, but not against law firms. ...

From Weingartner Lumber & Supply Co. v. Kadant Composites, LLC, 2010 U.S. Dist. LEXIS 24918 (E.D. Ky. Mar. 10, 2010): In this internet, tech-savvy age, accessing official records from government websites is commonplace. Publicly maintained records downloaded from a government website would likely be self-authenticating under Fed. R. Evid. ...

From Global Naps, Inc. v. Verizon New England Inc., 2010 U.S. App. LEXIS 8929 (1st Cir. April 29, 2010): In an issue of first impression for this court, we hold that 28 U.S.C. § 1367, enacted in 1990, gives federal courts supplemental jurisdiction over both compulsory and at least some permissive counterclaims. This alters this circuit ...

From Baja Developments LLC v. TSD Loreto Partners, S. en C., 2010 U.S. Dist. LEXIS 42551 (D. Ariz. April 30, 2010): Following entry of default, Rule 55(b)(2), FED.R.CIV.P., permits a district court to enter final judgment in a case. Entry of default judgment, however, is not a matter of right. *** Entry of default judgment is entirely w ...