From Berry v Dillon, 2008 U.S. App. LEXIS 13898 (9th Cir. June 27, 2008): Any arguments related to Berry's claims for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), violations of the Sherman Act, conspiracy to commit copyright infringement, and contributory infringement were made in passing, and are not sup ...

The source of power to issue a writ of prohibition or mandamus is 28 U.S.C. § 1651(a), which provides: The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. "Although a writ of ...

Download associated file: Proposed Amedments to Rules 26_&_56.pdf  Attached are the proposed amendments to Federal Rules of Civil Procedure 26 and 56 that will be circulated for public comment beginning Augus 15. The Rule 26 amendment focuses on expert witness reports an ...

Plaintiff Johnson in Johnson v. Bon-Ton Dep’t Stores, Inc., 2008 U.S. App. LEXIS 10920 (2d Cir. May 21, 2008) appealed from an order denying her motion to strike Defendant Bon-Ton's defenses as a sanction pursuant to Federal Rule of Civil Procedure 26(g) for submitting an allegedly false expert report. Reliance on Rule 26(g) was important to the plaintiff ...

A fire in the insured’s mobile home caused damage to the plaintiff’s equipment that was in the adjacent space, in Coleman Constr., Inc. v. Diamond State Ins. Co., 2008 U.S. Dist. LEXIS 44735 (D. Mont. June 5, 2008). After adjusting its insured’s loss, the insurer promptly paid to have the fire-damaged property restored. The plaintiff, who did not fil ...

Kashner Davidson Securities Corp. v. Mscisz, 2008 U.S. App. LEXIS 13562 (1st Cir. June 28, 2008) must have been briefed and argued before the Supreme Court’s March 25, 2008 decision in Hall Street Assocs. LLC v. Mattel, Inc., 128 S.Ct. 1396 (2008), given that the Supreme Court jettisoned the “manifest disregard of law” standard of review for arb ...

Rule 33(a)(1) of the Federal Rules of Civil Procedure provides that "[u]nless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts." The question is what constitutes just “one” interrogatory. From Mitchell Co. v. Campus, 2008 U.S. Dist. LEXIS 47505 (S. ...

From Judge Sloviter’s dissent (on the issue of sanctions only) in Brubaker Kitchens Inc. v. Brown, 2008 U.S. App. LEXIS 11046 (3d Cir. May 21, 2008): I do not disagree with the majority that our standard of review of the District Court's imposition of sanctions is abuse of discretion. But that standard does not emasculate the courts o ...

In the past 24 hours I’ve received two calls, one from a friend at a preeminent Manhattan law firm and the other from an expert consulting firm that everyone uses, with the same message: Many academic and other experts that are retained through the blue chip consulting firms (Analysis Group, Charles River, Cornerstone, FTI, NERA, etc.) receive a percentage of the ...

From Cordero v. St. Vincent's Hospital and Medical Center of N.Y., 2008 N.Y. Misc. LEXIS 3315, 239 N.Y.L.J. 102 (Sup. Ct. N.Y. County May 7, 2008): Spoliation of evidence occurs when "a party alters, loses, or destroys key evidence before it can be examined by the other party's expert..." Squitieri v. City of New York, 248 A.D.2 ...