From Kode v. Carlson, 2010 U.S. App. LEXIS 3936 (9th Cir. Feb. 25, 2010): Whether we may rule on the merits of a Rule 59 motion for a new trial based on the weight of the evidence where the district court has not yet done so because it found the motion waived appears to present an issue of first impression in this court. Assuming, withou ...

From Walsh v. Boston Univ., 661 F. Supp. 2d 91 (D. Mass. 2009): The motion raises an issue of first impression in this circuit regarding whether plaintiff, who obtained a Rule 68, Fed. R. Civ. P. ("Rule 68"), judgment in the amount of $15,000 in his favor, is a "prevailing party" within the meaning of the American Disabilities Act, 42 U.S. ...

From Naylor v. Rotech Healthcare, Inc., 2009 U.S. Dist. LEXIS 120142 (D. Vt. Dec. 23, 2009): The main issue is whether or not spoliation of evidence constitutes an independent cause of action. Federal courts look to state law to define the substantive claims in diversity cases such as this one. *** States are split on whether spoliation ...

From Terra Secs. v. Citigroup, Inc., 2010 U.S. Dist. LEXIS 14378 (S.D.N.Y. Feb. 16, 2010): The inquiry on a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) concerns whether the district court has the statutory or constitutional power to adjudicate the case. See Makarova, 201 F.3d at 113. "[J]urisdict ...

From WebXchange Inc. v. Dell Inc., 2010 U.S. Dist. LEXIS 12954 (D. Del. Feb. 16, 2010): The clergy-communicant privilege "protect[s] communications made (1) to a clergyperson (2) in his or her spiritual capacity (3) with a reasonable expectation of confidentiality." In re Grand Jury Investigation, 918 F.2d 374, 384 (1990). "The p ...

From United States v. Lewis, 2010 U.S. App. LEXIS 2897 (10th Cir. Feb. 12, 2010): Using the bank records, the government created a computer database detailing the activity in some 170 accounts. The database of checks, wire transfers, deposits, and the like contained over 15,500 items. By making queries of the database, government agents ...

From Thomas v. Euro RSCG Life, 2010 U.S. Dist. LEXIS 14305 (S.D.N.Y. Feb. 18, 2010): At plaintiff's deposition on January 20, 2010, plaintiff testified that she had looked at notes in preparation for her deposition that recounted the dates and substance of conversations plaintiff had had with former in-house counsel for defendant Euro RSC ...

From Alford v. Wachovia Bank/World Sav. Bank, 2010 U.S. Dist. LEXIS 14060 (E.D. Cal. Jan. 26, 2010): *** [A] limitations defense may be raised by a F.R.Civ.P. 12(b)(6) motion to dismiss. Jablon v. Dean Witter & Co., 614 F.2d 677, 682 (9th Cir. 1980); see Avco Corp. v. Precision Air Parts, Inc., 676 F.2d 494, 495 (11th Cir. ...

From Guimaraes v. NORS, 2010 U.S. App. LEXIS 2953 (11th Cir. Feb. 16, 2010): Under Rule 16(f), a court may impose sanctions if a party or its attorney violates a scheduling or other pretrial order, including a discovery order. Fed.R.Civ.P. 16(f)(1)(C). We have upheld the denial of sanctions where the non-moving party had not timely p ...

From Operating Local 649 Annuity Trust fund v. Smith Barney Fund Mgmt., LLC, 2010 U.S. App. LEXIS 2954 (2d Cir. Feb. 16, 2010): The veracity of a statement or omission is measured not by its literal truth, but by its ability to accurately inform rather than mislead prospective buyers. Cf. Greenapple v. Detroit Edison Co., 6 ...