Commercial Litigation and Arbitration

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From Winters v. Stemberg, 2008 U.S. Dist. LEXIS 778, at *36 n.7 (D. Mass. Jan. 4, 2008): *** See generally Gregory P. Joseph, Federal Litigation — Where Did It Go Off Track? (forthcoming 2008) (brief but brilliant synopsis noting the PSLRA as one reason why "today, plaintiffs with non-federal causes of action flee federal ...
From Winters v. Stemberg, 2008 U.S. Dist. LEXIS 778, at *36 n.7 (D. Mass. Jan. 4, 2008): *** See generally Gregory P. Joseph, Federal Litigation — Where Did It Go Off Track? (forthcoming 2008) (brief but brilliant synopsis noting the…
The Fifth Circuit upheld the imposition of § 1927 sanctions more than a year after the frivolous lawsuit had been dismissed (the plaintiff sued the wrong doctor) in Ratliff v. Gibson, 2007 U.S. App. LEXIS 28664 (5th Cir. Nov. 13, 2007). Looking to Rule 11 precedent, Circuit Judge Jerry E. Smith wrote for the Court that: “Requests for attorneys' fees and ...
The Fifth Circuit upheld the imposition of § 1927 sanctions more than a year after the frivolous lawsuit had been dismissed (the plaintiff sued the wrong doctor) in Ratliff v. Gibson, 2007 U.S. App. LEXIS 28664 (5th Cir. Nov. 13,…
A substantial body of law addresses the extent to which a securities fraud complaint may rest on allegations based on the plaintiffs’ confidential informants (see our post of July 29, 2007, discussing Higgingotham v. Baxter Int’l, Inc., 2007 U.S. App. LEXIS 17918 (7th Cir. July 27, 2007)). What if the confidential informants are not those of the plaintiffs but, ...
A substantial body of law addresses the extent to which a securities fraud complaint may rest on allegations based on the plaintiffs’ confidential informants (see our post of July 29, 2007, discussing Higgingotham v. Baxter Int’l, Inc., 2007 U.S. App.…
One of the largest monetary sanctions in U.S. history was imposed on the plaintiff in Qualcomm Inc. v. Broadcom Corp., 2008 U.S. Dist. LEXIS 911 (S.D. Cal. Jan. 7, 2008). Several, but not all, of plaintiffs’ counsel were held to have committed sanctionable acts (or inaction) and referred to the California State Bar for investigation of possible ethical vio ...
One of the largest monetary sanctions in U.S. history was imposed on the plaintiff in Qualcomm Inc. v. Broadcom Corp., 2008 U.S. Dist. LEXIS 911 (S.D. Cal. Jan. 7, 2008). Several, but not all, of plaintiffs’ counsel were held to…
The plaintiff in Frett-Smith v. Vanterpool, 2008 U.S. App. LEXIS 31 (3d Cir. Jan. 3, 2008), held dual citizenship in the U.S. and the British Virgin Islands. Her domicile was in the BVI. She filed a personal injury action against United States citizens domiciled in the Virgin Islands in federal court in the District of the Virgin Islands alleging alienage jurisdic ...
The plaintiff in Frett-Smith v. Vanterpool, 2008 U.S. App. LEXIS 31 (3d Cir. Jan. 3, 2008), held dual citizenship in the U.S. and the British Virgin Islands. Her domicile was in the BVI. She filed a personal injury action against…
Chapman v. Journal Concepts, Inc., 2007 U.S. Dist. LEXIS 91621 (D. Haw. Dec. 12, 2007): 1. Standards. “Courts have established only three grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the discovery of new evidence not previously available; and (3) the need to correct clear or manifest error in l ...
Chapman v. Journal Concepts, Inc., 2007 U.S. Dist. LEXIS 91621 (D. Haw. Dec. 12, 2007): 1. Standards. “Courts have established only three grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the discovery of new evidence not previously…
Federal Rule of Civil Procedure 26(b)(4)(C) (as restyled) provides: 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). Does the time “spent” by an expert “in resp ...
Federal Rule of Civil Procedure 26(b)(4)(C) (as restyled) provides: 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)…
The defendant in United States v. Gagliardi, 506 F.3d 140 (2d Cir. 2007), used email and instant messaging to attempt to entice a minor into prohibited activity. Appealing his conviction, he contended that the electronic communications were inadequately authenticated by testimony of an informant and government agent. Rejecting the contention, the Second Circuit st ...
The defendant in United States v. Gagliardi, 506 F.3d 140 (2d Cir. 2007), used email and instant messaging to attempt to entice a minor into prohibited activity. Appealing his conviction, he contended that the electronic communications were inadequately authenticated by…
To be sanctionable under 28 U.S.C. § 1927, counsel's conduct must multiply the proceedings both ``unreasonably and vexatiously.'' What is “reasonabl[e]” in the context of a question of first impression? A plausible position. Under Lira v Arrow Air, Inc., 2007 U.S. Dist. LEXIS 88751 (S.D. Fla. Nov. 28, 2007), § 1927 sanctions are inappropriate for a ...
To be sanctionable under 28 U.S.C. § 1927, counsel’s conduct must multiply the proceedings both “unreasonably and vexatiously.” What is “reasonabl[e]” in the context of a question of first impression? A plausible position. Under Lira v Arrow Air, Inc., 2007…
Disqualification is contagious. On December 13, 2007, the California Supreme Court upheld disqualification of the attorneys and experts for the plaintiff in RICO v. Mitsubishi Motors Corp, No. S123808, 2007 Cal. LEXIS 13892 (Cal. Dec. 13, 2007) because plaintiffs’ counsel reviewed, used (in deposition) and shared with plaintiffs’ experts a document containing t ...
Disqualification is contagious. On December 13, 2007, the California Supreme Court upheld disqualification of the attorneys and experts for the plaintiff in RICO v. Mitsubishi Motors Corp, No. S123808, 2007 Cal. LEXIS 13892 (Cal. Dec. 13, 2007) because plaintiffs’ counsel…

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