From Saadi v. Maroun, 2009 U.S. Dist. LEXIS 102879 (M.D. Fla. Nov. 4, 2009): Federal Rule of Evidence 901 requires that before a court may admit evidence in trial, a party must present evidence sufficient to show "that the matter in question is what its proponent claims." Fed. R. Evid. 901(a). A party can authenticate evidence in several ...

Plaintiffs do not contest that this court has original jurisdiction over the instant action on the bases of both complete diversity between the parties and the federal questions presented by the Lanham Act and ACCPA [Anticybersquatting Consumer Protection Act] claims. Nevertheless, plaintiffs argue that the instant case should be remanded because, first, the forum- ...

From Smith v. Regions Bank, 2009 U.S. Dist. LEXIS 103586 (S.D. Ga. Nov. 6, 2009): Withdrawal of the reference to the bankruptcy court may be either permissive or mandatory. The statute provides: The district court may withdraw, in whole or in part, any case or proceeding referred under this section, on its own mo ...

From Dockery v. Dockery, 2009 Tenn. App. LEXIS 717 (Tenn. App. Oct. 29, 2009) (note: Tennessee Rule of Evidence 901(a) = Federal Rule of Evidence 901(a)): Husband was found guilty of two counts of criminal contempt based on the content of communications he had with Ms. Lowe. Ms. Lowe was called as a witness at trial. Ms. Lowe testified ...

From NFC Acquisition, LLC v. Comerica Bank, 640 F. Supp. 2d 964 (N.D. Ohio 2009): Under 28 U.S.C. § 1441(b), federal courts have authority to exercise diversity jurisdiction if "none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." Referred to a ...

From Alamar Ranch, LLC v. County of Boise, 2009 U.S. Dist. LEXIS 101866 (D. Idaho Nov. 2, 2009): Does use of work e-mail waive any privilege? Although there are no Ninth Circuit cases on-point, cases from other jurisdictions have developed a four factor test to balance the expectation of privacy against the lack of confidentiality: (1 ...

From De Lage Landen Fin. Servs. V. Rasa Floors, LP, 2009 U.S. Dist. LEXIS 19994 (E.D. Pa. Mar. 5, 2009): [Defendant and Counterclaimant] Rasa also brings a claim against [Plaintiff and Counterclaim Defendant] DLL under the Racketeer Influenced Corrupt Organization Act ("RICO"), 18 U.S.C. § 1961 et seq. Rasa alleges that DLL and Defenda ...

From In re Sadia, S.A. Secs. Litig., 2009 U.S. Dist. LEXIS 66998 (S.D.N.Y., July 29, 2009): Sadia further argues that even if plaintiffs could establish that it had entered into currency hedging contracts in violation of its internal hedging policy, allegations that a corporation violated its own internal policy "amount to nothing more t ...

From the sanctions decision of the magistrate judge in Brigham Young Univ. v. Pfizer, Inc., 2009 U.S. Dist. LEXIS 101052 (D. Utah Oct. 28, 2009): Having concluded that fees and expenses are appropriate, the Court now turns to the reasonableness of BYU's request. At the outset the Court notes that it has reviewed the rates charged by comp ...

From Mainstay High Yield Corporate Bond Fund v. Heartland Industrial Partners, LP, 2009 U.S. Dist. LEXIS 100475 (E.D. Mich. Oct. 28, 2009): Following the failure of Collins & Aikman, the United States Attorney for the Southern District of New York commenced a criminal investigation in which Defendant McCallum was a target. Mr. McCallum ...