Commercial Litigation and Arbitration

Complex Lit Blog

After losing a state court judgment, HealthNet, Inc. filed a federal action to block enforcement of that judgment. The trial judge dismissed the action and imposed sanctions on HealthNet’s counsel. The Fifth Circuit, in HealthNet, Inc. v. Wooley, 2008 U.S. App. LEXIS 14326 (5th Cir. July 8, 2008), affirmed the dismissal but overturned the sanctions:
After losing a state court judgment, HealthNet, Inc. filed a federal action to block enforcement of that judgment. The trial judge dismissed the action and imposed sanctions on HealthNet’s counsel. The Fifth Circuit, in HealthNet, Inc. v. Wooley, 2008 U.S.…
The Seventh Circuit held in Lopez de Manez v. Bridgestone Firestone N. Am. Tire, LLC, 2008 U.S. App. LEXIS 14802 (7th Cir. July 11, 2008), that an order dismissing a case on forum non conveniens grounds is appealable because it terminates the action and is denominated “without prejudice” simply to make it clear that the plaintiff may proceed in an alterna ...
The Seventh Circuit held in Lopez de Manez v. Bridgestone Firestone N. Am. Tire, LLC, 2008 U.S. App. LEXIS 14802 (7th Cir. July 11, 2008), that an order dismissing a case on forum non conveniens grounds is appealable because it…
The non-party recipient of a Rule 45 subpoena in In re Intel Corp. Microprocessor Antitrust Litig., 2007 LEXIS 97229 (D. Del. Dec. 13, 2007) was found by the Special Master to have engaged in obstruction and other misconduct in responding (or, more precisely, failing to respond) to a subpoena. The misconduct included: 1. Taking the posi ...
The non-party recipient of a Rule 45 subpoena in In re Intel Corp. Microprocessor Antitrust Litig., 2007 LEXIS 97229 (D. Del. Dec. 13, 2007) was found by the Special Master to have engaged in obstruction and other misconduct in responding…
From Sigler v. Am. Honda Motor Co., 2008 U.S. App. LEXIS 14479 (6th Cir. July 8, 2008): Sigler argues that the district court improperly relied upon three expert reports that Honda attached to its Motion for Summary Judgment. *** The district court's opinion contained substantial discussion of these reports and clearly relied on them. ** ...
From Sigler v. Am. Honda Motor Co., 2008 U.S. App. LEXIS 14479 (6th Cir. July 8, 2008): Sigler argues that the district court improperly relied upon three expert reports that Honda attached to its Motion for Summary Judgment. *** The…
From In re Pfizer Inc. Secs. Liti., 2008 U.S. Dist. LEXIS 50923 (S.D.N.Y. July 1, 2008): • No Judicial Notice of Statistical Significance. “The Court declines to take judicial notice of the meaning of statistical significance or of the data interpretations proffered by Defendants in the context of this motion practice. R ...
From In re Pfizer Inc. Secs. Liti., 2008 U.S. Dist. LEXIS 50923 (S.D.N.Y. July 1, 2008): • No Judicial Notice of Statistical Significance. “The Court declines to take judicial notice of the meaning of statistical significance or of the data…
From Fresh Meadow Food Services, LLC v. RB 175 Corp., 2008 U.S. App. LEXIS 13392 (2d Cir. June 24, 2008): As we have repeatedly observed, we have "never found a closed-ended pattern where the predicate acts spanned fewer than two years." First Capital Asset Mgmt., Inc. v. Satinwood, Inc., 385 F.3d 159, 181 (2d Cir. 2004); see ...
From Fresh Meadow Food Services, LLC v. RB 175 Corp., 2008 U.S. App. LEXIS 13392 (2d Cir. June 24, 2008): As we have repeatedly observed, we have “never found a closed-ended pattern where the predicate acts spanned fewer than two…
Download associated file: Deputy AG Filip Letter to Senators Leahy and Specter.pdf  By letter dated July 9, 2008, Deputy Attorney General Mark Filip undertook to revise the Holder/Thompson/McNulty Memo governing federal prosecutors' requests for waiver of attorney-client ...
Download associated file: Deputy AG Filip Letter to Senators Leahy and Specter.pdf  By letter dated July 9, 2008, Deputy Attorney General Mark Filip undertook to revise the Holder/Thompson/McNulty Memo governing federal prosecutors’ requests for waiver of attorney-client privilege, inter…
From Wasmanski v. T.G.I. Friday’s, Inc., 2008 U.S. Dist. LEXIS 51290 (D.N.J. July 2, 2008): Plaintiffs have brought this suit against Defendant T.G.I. Friday's ("Defendant" or "the Restaurant"), alleging that while dining at the Restaurant, Plaintiff Wasmanski discovered a mouse carcass in her mashed potatoes. *** The Complaint ...
From Wasmanski v. T.G.I. Friday’s, Inc., 2008 U.S. Dist. LEXIS 51290 (D.N.J. July 2, 2008): Plaintiffs have brought this suit against Defendant T.G.I. Friday’s (“Defendant” or “the Restaurant”), alleging that while dining at the Restaurant, Plaintiff Wasmanski discovered a mouse…
The New York State Attorney General commenced an action in state court alleging fraudulent appraisal practices in People v. First Am. Corp., 2008 U.S. Dist. LEXIS 51790 (S.D.N.Y. July 8, 2008). Because one method of proving the alleged violation of state law involved proof of violation of federal regulations, the defendants removed under Grable and 28 ...
The New York State Attorney General commenced an action in state court alleging fraudulent appraisal practices in People v. First Am. Corp., 2008 U.S. Dist. LEXIS 51790 (S.D.N.Y. July 8, 2008). Because one method of proving the alleged violation of…
The plaintiffs lost a medical malpractice action in Allen v. Brown Clinic, PLLP, 2008 U.S. App. LEXIS 14207 (8th Cir. July 2, 2008), and challenged the trial judge’s refusal to strike 6 of 10 members of the venire who had doctor/patient relationships with the defendant doctor or defendant clinic. The standards: A trial court's decisi ...
The plaintiffs lost a medical malpractice action in Allen v. Brown Clinic, PLLP, 2008 U.S. App. LEXIS 14207 (8th Cir. July 2, 2008), and challenged the trial judge’s refusal to strike 6 of 10 members of the venire who had…

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