Commercial Litigation and Arbitration

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The plaintiff in Jericho Group, Ltd. v. Midtown Development, LP, 2008 U.S. Dist. LEXIS 52706 (S.D.N.Y. May 22, 2008), prevailed on a motion to remand but waited 81 days after the case was remanded to seek attorneys' fees, moving under 28 U.S.C. §§ 1447(c) and 1927. The Court ruled that a motion for attorneys' fees under § 1447(c) must be made within 14 da ...
The plaintiff in Jericho Group, Ltd. v. Midtown Development, LP, 2008 U.S. Dist. LEXIS 52706 (S.D.N.Y. May 22, 2008), prevailed on a motion to remand but waited 81 days after the case was remanded to seek attorneys’ fees, moving under…
The issue in O’Neill v. City of Shoreline, 2008 Wash. App. LEXIS 1740 (Wash. Ct. App. July 21, 2008), was whether metadata in the electronic version of email subject to production under the Public Records Act of the State of Washington (PRA) were, like the email, subject to disclosure under the PRA. A "public record" is:
The issue in O’Neill v. City of Shoreline, 2008 Wash. App. LEXIS 1740 (Wash. Ct. App. July 21, 2008), was whether metadata in the electronic version of email subject to production under the Public Records Act of the State of…
Following up on yesterday’s posting discussing the proposed amendments to Federal Rule of Civil Procedure 26(b)(2), my thoughts about the Advisory Committee's proposed amendments to Rule 56 (summary judgment) follow. The text of the proposal is available at our posting of July 4, 2008: The version going out for public comments is a distinct improvement o ...
Following up on yesterday’s posting discussing the proposed amendments to Federal Rule of Civil Procedure 26(b)(2), my thoughts about the Advisory Committee’s proposed amendments to Rule 56 (summary judgment) follow. The text of the proposal is available at our posting…
The Advisory Committee's proposed amendments to Rule 26 concerning expert discovery and disclosure are posted at the blog entry for July 4, 2008. My thoughts: The Rule 26 amendments extremely well done. I like the balances struck, the language and particularly the new summary of opinions of Rule 26(a)(2)(A) witnesses. There are two practical problems that ...
The Advisory Committee’s proposed amendments to Rule 26 concerning expert discovery and disclosure are posted at the blog entry for July 4, 2008. My thoughts: The Rule 26 amendments extremely well done. I like the balances struck, the language and…
From In re Monster Worldwide, Inc. Secs. Litig., 2008 U.S. Dist. LEXIS 53466 (S.D.N.Y. July 14, 2008): Here, as part of class certification discovery, defendants deposed STA-ILA [Steamship Trade Association-International Longshoremen's Association Pension Fund] witness Horace Alston, Co-Chairman of the fund, who testified that he was the ...
From In re Monster Worldwide, Inc. Secs. Litig., 2008 U.S. Dist. LEXIS 53466 (S.D.N.Y. July 14, 2008): Here, as part of class certification discovery, defendants deposed STA-ILA [Steamship Trade Association-International Longshoremen’s Association Pension Fund] witness Horace Alston, Co-Chairman of the…
The defendant in Neville v. Value City Dep’t Stores, LLC, 2008 U.S. Dist. LEXIS 55284 (S.D. Ill. July 18, 2008), removed this trip and fall case based on diversity jurisdiction. More than a year later, the plaintiff filed a motion to remand, claiming that the amount in controversy did not exceed $75,000: Although § 1447(c) provides no ...
The defendant in Neville v. Value City Dep’t Stores, LLC, 2008 U.S. Dist. LEXIS 55284 (S.D. Ill. July 18, 2008), removed this trip and fall case based on diversity jurisdiction. More than a year later, the plaintiff filed a motion…
It is well settled that governmental entities cannot be sued under RICO because they lack the necessary mens rea to commit the predicate crimes on which RICO liability depends. Joseph, Civil RICO: A Definitive Guide § 11 (2d ed. 2000). From this premise, the Ninth Circuit reasoned in Pesnell v. Arsenaut, 2008 U.S. App. LEXIS 13834 (9th Cir. ...
It is well settled that governmental entities cannot be sued under RICO because they lack the necessary mens rea to commit the predicate crimes on which RICO liability depends. Joseph, Civil RICO: A Definitive Guide § 11 (2d ed. 2000).…
The Second Circuit affirmed Judge Denny Chin’s judgment of acquittal of New York Stock Exchange specialist David Finnerty in United States v. Finnerty, 2008 U.S. App. LEXIS 15296 (2d Cir. July 18, 2008). Finnerty was charged with a criminal violation of § 10(b) and Rule 10b-5 by “interpositioning,” which the Court defined as arbitraging the spread bet ...
The Second Circuit affirmed Judge Denny Chin’s judgment of acquittal of New York Stock Exchange specialist David Finnerty in United States v. Finnerty, 2008 U.S. App. LEXIS 15296 (2d Cir. July 18, 2008). Finnerty was charged with a criminal violation…
The plaintiff’s expert in Betts v. General Motors Corp., 2008 U.S. Dist. LEXIS 54350 (N.D. Miss. July 16, 2008), made material changes to his deposition testimony in his errata sheet but gave no reason for the changes. Held, changes barred and no amended errata sheet permitted: Rule 30(e) of the Federal Rules of Civil Procedure provide ...
The plaintiff’s expert in Betts v. General Motors Corp., 2008 U.S. Dist. LEXIS 54350 (N.D. Miss. July 16, 2008), made material changes to his deposition testimony in his errata sheet but gave no reason for the changes. Held, changes barred…
From Wallace v. UAW Local 1639, 2008 U.S. Dist. LEXIS 52750 (S.D. Ala. July 9, 2008), a pro se action by a union member against a union alleging civil rights violations in connection with her employment: The Court understands that Wallace has suggested in passing that she is impoverished and unable to pay the $1,754.05 sanction imposed ...
From Wallace v. UAW Local 1639, 2008 U.S. Dist. LEXIS 52750 (S.D. Ala. July 9, 2008), a pro se action by a union member against a union alleging civil rights violations in connection with her employment: The Court understands that…

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