From Newman v. State Farm Fire & Cas. Co., 2008 U.S. App. LEXIS 16690 (10th Cir. Aug. 5, 2008): Before considering the facts and issues in this appeal, we address a preliminary matter concerning State Farm's improper citation in the fact section of its brief, and throughout other parts of its brief to a lesser extent, to transcript and d ...

From Hodak v. Madison Capital Mgmt., LLC, 2008 U.S. Dist. LEXIS 57289 (N.D. Ill. July 28, 2008): Advice of counsel is not placed “in issue” during litigation simply because it is mentioned by a party. Advice is not in issue merely because it is relevant, and does not necessarily become in issue merely because the ...

From Florio v. City of New York, 2008 U.S. Dist. LEXIS 59022 (S.D.N.Y. Aug. 5, 2008) (Scheindlin, J.): It is a "basic tenet of federal law to delay appellate review until a final judgment has been entered." However, a court, in its discretion, may certify an interlocutory order for appeal if the order "[1] involves a controlling questi ...

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 ...

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 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 ...

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 ...

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 ...

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 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 ...