Commercial Litigation and Arbitration

Complex Lit Blog

The 21-day safe harbor to withdraw challenged papers stated in the text of Rule is well known. (It will go undercover on December 1, when it skulks from Rule 11(c)(1)(A) into hiding in Rule 11(c)(2), evidently renumbered on the theory that research is too easy if the rule numbers remain the same.) But the 21-day safe harbor isn’t the only one adopted in 1993 — ...
The 21-day safe harbor to withdraw challenged papers stated in the text of Rule is well known. (It will go undercover on December 1, when it skulks from Rule 11(c)(1)(A) into hiding in Rule 11(c)(2), evidently renumbered on the theory…
Normally, corporate defendants sued for fraud seek, wherever possible, to have the fraud claims dismissed as redundant of contract claims, under such authorities as Bridgestone/Firestone, Inc. v. Recovery Credit Servs., Inc., 98 F.3d 13 (2d Cir. 1996) (in order to maintain a claim of fraud, a plaintiff must either ‛(i) demonstrate a legal duty separate from ...
Normally, corporate defendants sued for fraud seek, wherever possible, to have the fraud claims dismissed as redundant of contract claims, under such authorities as Bridgestone/Firestone, Inc. v. Recovery Credit Servs., Inc., 98 F.3d 13 (2d Cir. 1996) (in order to…
On November 1, 2007, I participated in a panel discussion of electronic evidence at the 51st Congress of the Union Internationale des Avocats in Paris with lawyers from Germany, Switzerland and India. Both Germany and Switzerland only allow certain means of evidence. In Germany the accepted means of evidence are: • Interrogation of ...
On November 1, 2007, I participated in a panel discussion of electronic evidence at the 51st Congress of the Union Internationale des Avocats in Paris with lawyers from Germany, Switzerland and India. Both Germany and Switzerland only allow certain means…
The pro se defendant in BidZirk, LLC v. Smith, 2007 U.S. Dist. LEXIS 78481 (D.S.C. Oct. 22, 2007), was a blogger being sued for trademark infringement for improperly placing the plaintiff’s trademark on his blog. That isn’t the interesting part (the trademark claim was dismissed on summary judgment). In the course of the litigation, the plaintiff ...
The pro se defendant in BidZirk, LLC v. Smith, 2007 U.S. Dist. LEXIS 78481 (D.S.C. Oct. 22, 2007), was a blogger being sued for trademark infringement for improperly placing the plaintiff’s trademark on his blog. That isn’t the interesting part…
Professors Steve Burbank and Tobias Wolff have put together a stellar symposium on CAFA that will be held at the University of Pennsylvania Law School on Friday afternoon, November 30 and Saturday, December 1. Six panels will discuss the Class Action Fairness Act from six perspectives, based on a series of papers prepared for the symposium. Participants include Pe ...
Professors Steve Burbank and Tobias Wolff have put together a stellar symposium on CAFA that will be held at the University of Pennsylvania Law School on Friday afternoon, November 30 and Saturday, December 1. Six panels will discuss the Class…
Defendant No. 1 in United States v. Williams, 2007 U.S. App. LEXIS 24725 (2d Cir. Oct 23, 2007), challenged on appeal the testimony of one of the government’s experts under Daubert and Fed.R.Evid. 702. He maintained, and the parties conceded, that it was he who had requested a Daubert hearing in the District Court to challenge the same expert ...
Defendant No. 1 in United States v. Williams, 2007 U.S. App. LEXIS 24725 (2d Cir. Oct 23, 2007), challenged on appeal the testimony of one of the government’s experts under Daubert and Fed.R.Evid. 702. He maintained, and the parties conceded,…
Five years ago, in Wander v. Kaus, 304 F.3d 856, 858 (9th Cir. 2002), the Ninth Circuit ruled that the answer to the question — "When a state statute incorporates a federal statute in defining a violation of state law, is a federal question thereby created?" — was ‛No.“ On October 23, 2007, the court addressed whether this answer has been changed by ...
Five years ago, in Wander v. Kaus, 304 F.3d 856, 858 (9th Cir. 2002), the Ninth Circuit ruled that the answer to the question — “When a state statute incorporates a federal statute in defining a violation of state law,…
The defense expert in Physicians Dialysis Ventures, Inc. v. Griffith, 2007 U.S. Dist. LEXIS 78879 (D.N.J. Oct. 23, 2007), destroyed her notes of conversations she had with the defendant and defense counsel. She was thereafter asked to produce them by the plaintiff and, when she couldn’t, the plaintiff sought spoliation sanctions. Judge Jerome B. Simandle ...
The defense expert in Physicians Dialysis Ventures, Inc. v. Griffith, 2007 U.S. Dist. LEXIS 78879 (D.N.J. Oct. 23, 2007), destroyed her notes of conversations she had with the defendant and defense counsel. She was thereafter asked to produce them by…
When privileged or work product information is exchanged between the relator (the original private plaintiff) and the government in an action brought under the False Claims Act, 31 U.S.C. § 3729 ff., neither privilege nor work product is waived — at least if the material is exchanged prior to a decision by the government to decline to prosecute the action ...
When privileged or work product information is exchanged between the relator (the original private plaintiff) and the government in an action brought under the False Claims Act, 31 U.S.C. § 3729 ff., neither privilege nor work product is waived —…
The issue of first impression in CitiFinancial, Inc. v. Lightner, 2007 U.S. Dist. LEXIS 78647 (N.D. W.Va. Oct. 22, 2007), was whether the Class Action Fairness Act overturned pre-CAFA precedent barring a plaintiff from removing when it becomes a counterclaim defendant where the counterclaim falls within CAFA. The Court’s answer was No. The plaint ...
The issue of first impression in CitiFinancial, Inc. v. Lightner, 2007 U.S. Dist. LEXIS 78647 (N.D. W.Va. Oct. 22, 2007), was whether the Class Action Fairness Act overturned pre-CAFA precedent barring a plaintiff from removing when it becomes a counterclaim…

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