Commercial Litigation and Arbitration

Complex Lit Blog

Deciding what it described as an issue of first impression in the Circuit, the Ninth Circuit held in In re Hanford Nuclear Reservation Lit., 2008 U.S. App. LEXIS 16479 (9th Cir. July 29, 2008), that Am. Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974) tolls the statute of limitations for a plaintiff who files a separate action pending class certificatio ...
Deciding what it described as an issue of first impression in the Circuit, the Ninth Circuit held in In re Hanford Nuclear Reservation Lit., 2008 U.S. App. LEXIS 16479 (9th Cir. July 29, 2008), that Am. Pipe & Constr. Co.…
In California Dept. of Water Resources v. Powerex Corp., 2008 U.S. App. LEXIS 16252 (9th Cir. July 22, 2008), the Ninth Circuit held that 28 U.S.C. § 1447(d) does not foreclose appellate review of a district court's decision to decline to exercise supplemental jurisdiction under § 1367(c). The Powerex Court held that the right to appeal lie ...
In California Dept. of Water Resources v. Powerex Corp., 2008 U.S. App. LEXIS 16252 (9th Cir. July 22, 2008), the Ninth Circuit held that 28 U.S.C. § 1447(d) does not foreclose appellate review of a district court’s decision to decline…
In In re Hanford Nuclear Reservation Lit., 2008 U.S. App. LEXIS 16479 (9th Cir. July 29, 2008), the defendants succeeded in barring expert 1 (Dr. Ruttenber) from testifying. Plaintiffs instead called expert 2 (Dr. Davies), who never read the report or deposition of expert 1, but did rely on expert 1’s dosage estimates. At trial, defense counsel on cross-e ...
In In re Hanford Nuclear Reservation Lit., 2008 U.S. App. LEXIS 16479 (9th Cir. July 29, 2008), the defendants succeeded in barring expert 1 (Dr. Ruttenber) from testifying. Plaintiffs instead called expert 2 (Dr. Davies), who never read the report…
It used to be the case that there was no duty to withdraw a position From Fabriko Acquisition Corp. v. Prokos, , 2008 U.S. App. LEXIS 16074 (7th Cir. July 29, 2008): Although Sorenson informed Fabriko of the causation problem in a letter and subsequently in a formal motion for sanctions, Fabriko did not take advantage of the 21-day windo ...
It used to be the case that there was no duty to withdraw a position From Fabriko Acquisition Corp. v. Prokos, , 2008 U.S. App. LEXIS 16074 (7th Cir. July 29, 2008): Although Sorenson informed Fabriko of the causation problem…
The defendant in Singh v. Duane Morris LLP, 2008 U.S. App. LEXIS 16191 (5th Cir. July 30, 2008), had unsuccessfully represented the plaintiff in a trademark action. The plaintiff, in this action, sued in Texas state court for malpractice, alleging that the defendant was negligent in failing to offer available proof of secondary meaning, leading to the loss ...
The defendant in Singh v. Duane Morris LLP, 2008 U.S. App. LEXIS 16191 (5th Cir. July 30, 2008), had unsuccessfully represented the plaintiff in a trademark action. The plaintiff, in this action, sued in Texas state court for malpractice, alleging…
From Judge Shira A. Scheindlin’s opinion in In re Methyl Tertiary Butyl Ether ("Mtbe") Products Liability Litigation, 2008 U.S. Dist. LEXIS 57504 (S.D.N.Y. July 29, 2008): ExxonMobil's objections to a determination of a good faith settlement are relatively limited. It concedes that the settling parties have defined a "ballpark" for cla ...
From Judge Shira A. Scheindlin’s opinion in In re Methyl Tertiary Butyl Ether (“Mtbe”) Products Liability Litigation, 2008 U.S. Dist. LEXIS 57504 (S.D.N.Y. July 29, 2008): ExxonMobil’s objections to a determination of a good faith settlement are relatively limited. It…
From Mullarkey v. Tamboer, 2008 U.S. App. LEXIS 16238 (3d Cir. July 31, 2008): Furthermore, while Mullarkey asserted in his opening brief that he could seek a civil remedy for the Tamboers' violation of the federal RICO statute, he failed to present any argument in support. Thus, we deem this claim to be waived. Laborers' Intern. Un ...
From Mullarkey v. Tamboer, 2008 U.S. App. LEXIS 16238 (3d Cir. July 31, 2008): Furthermore, while Mullarkey asserted in his opening brief that he could seek a civil remedy for the Tamboers’ violation of the federal RICO statute, he failed…
From Judge Mark R. Kravitz’s opinion in Hernandez v. Carbone, 2008 U.S. Dist. LEXIS 57264(D. Conn. July 29, 2008): Having dismissed all of Mr. Hernandez's federal claims against Mr. Carbone, the Court declines to exercise supplemental jurisdiction over his state constitutional claims under 28 U.S.C. § 1367(c)(3). The Second Circuit ha ...
From Judge Mark R. Kravitz’s opinion in Hernandez v. Carbone, 2008 U.S. Dist. LEXIS 57264(D. Conn. July 29, 2008): Having dismissed all of Mr. Hernandez’s federal claims against Mr. Carbone, the Court declines to exercise supplemental jurisdiction over his state…
From Bailey v. Janssen Pharmaceutica, Inc., 2008 U.S. App. LEXIS 16042 (11th Cir. July 29, 2008): The action was originally filed in state court and removed under 28 U.S.C. § 1441(a), pursuant to § 1446(b), by the last-served defendant more than thirty days after service on the other defendants. *** This case presents an issu ...
From Bailey v. Janssen Pharmaceutica, Inc., 2008 U.S. App. LEXIS 16042 (11th Cir. July 29, 2008): The action was originally filed in state court and removed under 28 U.S.C. § 1441(a), pursuant to § 1446(b), by the last-served defendant more…
After the district judge denied class certification in Dungan v. Academy at Ivy Ridge, 2008 U.S. Dist. LEXIS 56757 (N.D.N.Y. July 21, 2008), the plaintiffs sought reconsideration on the ground that the Supreme Court’s June 9, 2008 decision in Bridge v. Phoenix Bond & Indem. Co., 128 S. Ct. 2131 (2008), constituted a material change in controlling law ...
After the district judge denied class certification in Dungan v. Academy at Ivy Ridge, 2008 U.S. Dist. LEXIS 56757 (N.D.N.Y. July 21, 2008), the plaintiffs sought reconsideration on the ground that the Supreme Court’s June 9, 2008 decision in Bridge…

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