A new article, Arbitration 2008, has been posted on the recent articles page (http://www.josephny_live.com/articles/viewarticle.php?56). It analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral rules of the American Arbitrati ...

Download associated file: Lerner Civility Article.pdf  Attached is an excellent article, What Goes Around Comes Around: Putting the "Civil" Back in Civil Litigation, by Jonathan J. Lerner, Esq., a senior partner at Skadden, Arps, Slate, Meagher & Flom, LLP, and on ...

From Patel v. Parnes, 2008 U.S. Dist. LEXIS 46630 (C.D. Cal. May 19, 2008): While the court agrees with plaintiffs that the analyst reports may not be judicially noticed for the truth of the matters contained therein, it is appropriate to consider them for the purpose for which defendants offer them — i.e., to show "whether and when inf ...

From Rhodes v E.I. DuPont de Nemours & Co., 2008 U.S. Dist. LEXIS 46159 (S.D. W.Va. June 11, 2008): • “This court finds the Second Circuit's review of the recent development of the law and its reasoning to be helpful in determining this matter. [In re Visa Check/MasterMoney Antitrust Lit., 192 F.R.D. 68 (E.D.N.Y. 2000) ("< ...

From 1-10 Indus. Assocs., LLC v. United States, 2008 U.S. App. LEXIS 10786 (Fed. Cir. May 21, 2008): Justice Stevens observed in Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 413, 110 S. Ct. 2447, 110 L. Ed. 2d 359 (1990), that the most precious asset of an attorney is his professional reputation. A formal order of sanction of a ...

The plaintiff sought to vacate an international arbitration award entered against him, claiming, among other things, that the tribunal’s entry of summary judgment was without legal precedent and therefore in manifest disregard of the law. Rejected: LaPine claims that the lack of legal precedent regarding summary adjudication in an internation ...

Federal Rule of Civil Procedure 26(b)(4)(C) provides: (C) Payment. Unless manifest injustice would result, the court must require that the party seeking discovery: (i) pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A) or (B); and (ii) for disc ...

From Graham v. Fleissner Law Firm, 2008 U.S. Dist. LEXIS 41523 (E.D. Tenn. May 22, 2008): [T]he Supreme Court has held that courts should liberally construe complaints filed by pro se parties, and they should not hold them to the same stringent standard required of licensed attorneys. Haines v. Kerner, 404 U.S. 519, 520, 92 ...

District Judge Garr M. King was not convinced that Government lawyers, representing the defendant in Al Haramain Islamic Foundation, Inc. v. U.S. Dept’ of Treasury, 2008 U.S. Dist. LEXIS 45675 (D. Or. June 5, 2008), were monitoring the plaintiffs’ communications with their counsel, in this challenge to the designation of on of the plaintiffs as a terroris ...

Download associated file: CSX Equity Swaps Opinion.pdf  Equity swaps confer on their owner all of the financial attributes of share ownership but not the right to vote shares. It has been received wisdom on Wall Street that these swaps do not confer beneficial ownership ...