“Inferences about the intent or motive of parties or others lie outside the bounds of expert testimony.” Highland Capital Mgmt., L.P. v. Schneider, 551 F. Supp.2d 173, 182 (S.D.N.Y. 2008) (excluding an expert’s testimony regarding various individuals’ beliefs as to, inter alia, the value of the securities at issue in that case, and holding that “ ...

From Smith v. United States, 2009 U.S. App. LEXIS 14736 (10th Cir. July 6, 2009): We dismiss the matter for Mr. Smith's failure to pay the sanctions we imposed in Smith v. C.I.R., 160 Fed. Appx. 666, 670 (10th Cir. 2005). *** This court ... previously imposed sanctions for Mr. Smith's "blatant waste of judicial time a ...

From Schaghticoke Tribal Nation v. Kempthorne, 2008 WL 4000179, at *3 (D. Conn. Aug. 26, 2008) :Petitioner's Exhibit 31, the press release issued by Representative Christopher Shays on March 12, 2004, may also be considered self-authenticating. Press releases by government authorities may be self-authenticating under Rule 902(5) as offic ...

From Goodman v. Praxair Servs., Inc., 2009 U.S. Dist. LEXIS 58263 (D. Md. July 7, 2009): [Trigger Date.] The mere existence of a dispute does not necessarily mean that parties should reasonably anticipate litigation or that the duty to preserve arises. See Treppel v. Biovail Corp., 233 F.R.D. 363, 371 (S.D.N. ...

From Stuart v. RadioShack Corp., 2009 U.S. Dist. LEXIS 57963 (N.D. Cal. June 25, 2009): [T]here are three factors that a trial court considers in determining whether certification of an interlocutory appeal is appropriate [under 28 U.S.C. § 1292(b)]: (1) whether the moving party seeks to appeal an order involving a controlling question ...

From Ideal Steel Supply Corp. v. Anza, 2009 U.S. Dist. LEXIS 55233 (S.D.N.Y. June 30, 2009): When factors other than the defendant's alleged misconduct are an intervening direct cause of a plaintiff's injury, that injury cannot be said to have occurred by reason of the defendant's actions. See McLaughlin v. Am. Tobacco Co., 522 F. ...

From Wells Fargo Bank, N.A. v. LaSalle Bank N.A., 2009 U.S. Dist. LEXIS 57812 (S.D. Ohio July 7, 2009): Although both parties have moved for summary judgment, these are not true cross-motions. See Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d §2720 (1998), on the situation where parties make cross-motions for summary j ...

Updating our post of December 28, 2007 (reporting the intermediate appellate court's decision): From Wyly v. Milberg Weiss Bershad & Schulman, LLP, 12 N.Y.3d 400 (N.Y. Ct. App. 2009): Petitioner Sam Wyly was an absent class member in a federal securities class action lawsuit; an absent class member is a member of a putative or certified ...

From QSI Holdings, Inc. v. Alford, 2009 U.S. App. LEXIS 14744 (6th Cir. July 6, 2009): In this appeal, we must determine whether § 546(e) of the Bankruptcy Code applies to privately traded securities. If that is indeed the case, then the settlement payments made to defendant shareholders are exempt from avoidance. This is an issue of ...

From Adams v. Monumental Gen. Cas. Co., 2009 U.S. Dist. LEXIS 55194 (M.D. Ga. June 30, 2009), a Class Action Fairness Act (“CAFA”) action in which class certification was denied and the Court declined to exercise supplemental jurisdiction: Presently pending before the Court is Plaintiff's Motion to Strike Defendant's Bill of Costs.... ...