From Byrum v. Landreth, 2009 U.S. App. LEXIS 8312 (5th Cir. April 22, 2009): In this commercial speech case, the appellants would prevent Texas from enforcing its interior design "titling" law, which prohibits unlicensed practitioners from using the terms "interior designer" or "interior design" to describe their trade and the services ...

From Rattray v. Lippmann-Milwaukee, Inc., 2009 U.S. Dist. LEXIS 18045 (E.D. Wis. Mar. 5, 2009), an employment discrimination action brought by an African American: The main focus of Rattray's harassment claim is the note stating "dirty n****r" that was placed on his locker at work. This racial epithet is unambiguously serious and offensiv ...

From Jonathan H. v. Souderton Area School Dist., 2009 U.S. App. LEXIS 7794 (3d Cir. April 14, 2009): This appeal presents a question of first impression concerning the timing of a compulsory counterclaim under the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 ...

From Affiliated Computer Servs., Inc. v. Wilmington Trust Co., 2009 U.S. App. LEXIS 8011 (5th Cir. April 16, 2009): Section 314(a) of the TIA [Turst Indenture Act] requires an issuer of bonds to file with the trustee copies of the annual reports which it is "required to file" with the SEC. See 15 U.S.C. § 77nnn(a). The Indentur ...

From Longmont United Hosp. v. St. Barnabas Corp., 2009 U.S. App. LEXIS 63 (3d Cir. Jan. 5, 2009): This case arises out of a purported scheme to defraud the federal government through the practice of "turbocharging." At its simplest level, the Saint Barnabas Corporation ("SBC"), through a consortium of hospitals that it owned and operated ...

From Sentis Group, Inc. v. Shell Oil Co., 559 F.3d 888 (8th Cir. 2009): [Appellate Review of Ultimate Sanction] "[A]lthough we review the district court's discovery decisions for an abuse of discretion, we more closely scrutinize dismissal imposed as a discovery sanction because 'the opportunity to be heard is a litigant' ...

From Phillip M. Adams & Assocs., LLC v. Dell, Inc., 2009 U.S. Dist. LEXIS 26964 (D. Utah Mar. 27, 2009)): As to the emails, ASUS says "Plaintiff has not submitted a sworn testimony that the emails attached as Exhibits A through D to its memorandum are authentic under Fed. R. Evid. 901, which requires a witness with "knowledge . . . that ...

From United States v. Thompson, 2009 U.S. App. LEXIS 8087 (D.C. Cir. April 17, 2009): This is a third-party appeal of a discovery order in a criminal case compelling the government to produce "all materials disclosed" by the third party pursuant to its cooperation with federal investigators during a criminal investigation of the third par ...

From Vacanti v. Sunset Fin. Servs., Inc., 2009 U.S. Dist. LEXIS 23173 (D. Neb. Mar. 23, 2009): In deciding the issues raised by the Motion to Dismiss, the Court is "not precluded in [its] review of the complaint from taking notice of items in the public record." Papasan v. Allain, 478 U.S. 265, 269 n. 1, 106 S. Ct. 2932, 92 L. Ed ...

From Casana Furniture Co. v. Coaster Co. of Am., 2009 U.S. Dist. LEXIS 23141 (M.D.N.C. Mar. 24, 2009): [T]he location of relevant permanent records or other evidence has not yet been determined. But regardless of their location, any files, records, and documents that Coaster apparently keeps in California can be easily copied and transp ...