Commercial Litigation and Arbitration

Complex Lit Blog

From Foreman v. Am. Road Lines, Inc., 2008 U.S. Dist. LEXIS 102278 (S.D. Ala. Dec. 16, 2008): Unquestionably, it was incumbent on defendants to comply fully and timely with the disclosure requirements of Rule 26(a)(2), including specifically providing plaintiffs with a list of other cases in which Dr. Davis has testified in the last four ...
From Foreman v. Am. Road Lines, Inc., 2008 U.S. Dist. LEXIS 102278 (S.D. Ala. Dec. 16, 2008): Unquestionably, it was incumbent on defendants to comply fully and timely with the disclosure requirements of Rule 26(a)(2), including specifically providing plaintiffs with…
From Pineda v. Saxon Mortg. Servs., 2008 U.S. Dist. LEXIS 102439 (C.D. Cal. Dec. 10, 2008) (Selna, J.): First, Pineda does not state a claim under Rule 8(a), which is subject to the pleading requirements set forth in Twombly. "The elements of a civil RICO claim are as follows: (1) conduct (2) of an enterprise (3) through a patter ...
From Pineda v. Saxon Mortg. Servs., 2008 U.S. Dist. LEXIS 102439 (C.D. Cal. Dec. 10, 2008) (Selna, J.): First, Pineda does not state a claim under Rule 8(a), which is subject to the pleading requirements set forth in Twombly. “The…
From Peschel v. City of Missoula, 2008 U.S. Dist. LEXIS 98651 (D. Mont. Dec. 5, 2008): The Montana Supreme Court has recognized the torts of negligent and intentional spoliation as viable independent causes of action. Oliver v. Stimson Lumber Co., 1999 MT 328, P40, 297 Mont. 336, 993 P.2d 11. These torts, however, are cognizable ...
From Peschel v. City of Missoula, 2008 U.S. Dist. LEXIS 98651 (D. Mont. Dec. 5, 2008): The Montana Supreme Court has recognized the torts of negligent and intentional spoliation as viable independent causes of action. Oliver v. Stimson Lumber Co.,…
On Wednesday, January 14, 2008, the Supreme Court will hear argument in Boyle v. United States, No. 07-1309, to address the Circuit split as to whether the enterprise requirement of RICO requires the existence of an ascertainable structure (and, if so, what that structure must consist of). See our posts of March 10, 2008; July 6, 2007; and May 8, 2007. < ...
On Wednesday, January 14, 2008, the Supreme Court will hear argument in Boyle v. United States, No. 07-1309, to address the Circuit split as to whether the enterprise requirement of RICO requires the existence of an ascertainable structure (and, if…
The plaintiffs in Post v. St. Paul Travelers Ins. Co., 2009 U.S. Dist. LEXIS 641 (E.D. Pa. Jan. 7, 2009), were lawyers who had represented Mercy Hospital in a medical malpractice case. Mercy Hospital put the lawyers on notice that it intended to pursue a legal malpractice claim against them, contending that counsel’s discovery abuse forced it to settle the ...
The plaintiffs in Post v. St. Paul Travelers Ins. Co., 2009 U.S. Dist. LEXIS 641 (E.D. Pa. Jan. 7, 2009), were lawyers who had represented Mercy Hospital in a medical malpractice case. Mercy Hospital put the lawyers on notice that…
From Junk v. Terminix Intl. Co., 2008 U.S. Dist. LEXIS 102161 (S.D. Iowa Aug. 15, 2008): "When a party fails to provide information or identify a witness in compliance with Rule 26(a) or (e), the district court has wide discretion to fashion a remedy or sanction as appropriate for the particular circumstances of the case. Wegener v. J ...
From Junk v. Terminix Intl. Co., 2008 U.S. Dist. LEXIS 102161 (S.D. Iowa Aug. 15, 2008): “When a party fails to provide information or identify a witness in compliance with Rule 26(a) or (e), the district court has wide discretion…
From Superior Prod. P’ship v. Gordon Auto Body Parts, 2008 U.S. Dist. LEXIS 97535 (S.D. Ohio Dec. 2, 2008): The first issue raised by the motion to compel is whether Gordon should be required to produce documents in their native electronic format. The parties agree that Gordon keeps information in electronic format, but it has produce ...
From Superior Prod. P’ship v. Gordon Auto Body Parts, 2008 U.S. Dist. LEXIS 97535 (S.D. Ohio Dec. 2, 2008): The first issue raised by the motion to compel is whether Gordon should be required to produce documents in their native…
The lawsuit in Nilssen v. General Electric Co., 2008 U.S. Dist. LEXIS 94448 (N.D. Ill. Nov. 12, 2008), was stayed at the plaintiff’s request pending the appeal of another action deciding that the plaintiff’s patents were unenforceable. Plaintiffs also take issue with four letters that GE sent to Plaintiffs' counsel, either threatenin ...
The lawsuit in Nilssen v. General Electric Co., 2008 U.S. Dist. LEXIS 94448 (N.D. Ill. Nov. 12, 2008), was stayed at the plaintiff’s request pending the appeal of another action deciding that the plaintiff’s patents were unenforceable. Plaintiffs also take…
From Basso v. Boston Scientific Corp., 2008 Conn. Super. LEXIS 3020 (Conn. Super. Ct. Nov. 21, 2008): The hospital ... moves to strike counts seven and eight on the grounds that Connecticut does not recognize the tort of negligent spoliation of evidence. Although at least two Superior Court judges have ruled that a plaintiff cannot proc ...
From Basso v. Boston Scientific Corp., 2008 Conn. Super. LEXIS 3020 (Conn. Super. Ct. Nov. 21, 2008): The hospital … moves to strike counts seven and eight on the grounds that Connecticut does not recognize the tort of negligent spoliation…
From Zendejas v. Shell Oil Co., 2008 U.S. Dist. LEXIS 104462 (D. Ariz. Dec. 10, 2008): The Ninth Circuit has not yet addressed whether the one-year time limit in § 1446(b) may be equitably extended. Defendants ask the Court to follow the Fifth Circuit's approach and hold that the one-year deadline may be equitably extended in the even ...
From Zendejas v. Shell Oil Co., 2008 U.S. Dist. LEXIS 104462 (D. Ariz. Dec. 10, 2008): The Ninth Circuit has not yet addressed whether the one-year time limit in § 1446(b) may be equitably extended. Defendants ask the Court to…

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