The issue in FMC Techs., Inc. v. Edwards, 2007 U.S. Dist. LEXIS 42512 (W.D. Wash. June 12, 2007) was whether a no-reliance clause embedded in a merger/integration clause operated to foreclose a claim of fraud in the inducement. The clause in question read as follows: Full Integration/Amendments in Writing. This Agreement is the ...

Kidnapping led to the suit in Khan v. Parsons Global Servs., 480 F. Supp. 2d 327 (D.D.C. 2007). Plaintiff Azhar Ali Khan worked for defendant Parsons Global abroad. While in the Philippines, he was kidnapped. Following his release, he and his wife sued Parsons Global and affiliated entities in connection with the kidnapping, including counts of negligence ...

How much corroborative evidence do you need to be able to introduce the admission of an apparent agent? If you have enough, is the entire statement necessarily admissible against the principal? Federal Rule of Evidence 801(d)(2) provides that an extrajudicial statement is not hearsay if: The statement is offered against a party and is . ...

The District Court in S. Freedman & Co., Inc. v. Raab, 2007 U.S. Dist. LEXIS 44532 (D.N.J. June 18, 2007), had originally dismissed the plaintiff’s complaint without prejudice under Rule 12(h)(3) because the complaint lacked adequate jurisdictional allegations. Rather than correcting the allegations, plaintiff appealed the dismissal to the Third Circuit c ...

The interesting issue in Kominar v. Health Mgmt. Assocs. of W. VA., Inc., 2007 W. Va. LEXIS 51 (W. Va. Sup. Ct. June 7, 2007) was whether each party aligned in interest (here, each defendant) had an absolute right to cross-examine expert witnesses put on the stand by a co-party (another defendant), or whether the court was vested with the discretion to limit ...

An American plaintiff obtained a $35 million jury verdict against a Japanese defendant under the Antidumping Act of 1916, 15 U.S.C. § 72 (repealed 2004). During the pendency of the Japanese entity’s appeal, Congress prospectively repealed the Act. Shortly thereafter, the Japanese government enacted a clawback statute allowing Japanese nationals to sue for the r ...

The plaintiff in Hall Steel Co. v. Metalloyd, Ltd., 2007 U.S. Dist. LEXIS 41366 (E.D. Mich. June 7, 2007), commenced an action in federal court which, on the defendant’s motion to compel arbitration, was ‛remanded ... for arbitration in London, England in accordance with the parties' agreement.“ The defendant then sought and obtained from the arbitrat ...

Experts gild their credentials in many ways. It is not always a blessing for the proponent of the witness. The defense won a jury verdict in In re Vioxx Prods. Liab. Litig., 2007 U.S. Dist. LEXIS 40612 (E.D. La. May 29, 2007), after the first trial had resulted in a hung jury. On the way to the jury verdict, the well-credentialed defense medical expert cou ...

Download associated file: Hallmark 1782 Order.pdf  Following up on our post of January 23, 2007, the District of Minnesota has ordered § 1782 discovery in aid of an international arbitration abroad. In an unreported decision, which is attached, Magistrate Judge Susan Ri ...

28 U.S.C. § 1448(b) provides a seemingly absolute one-year time limit on removal of non-CAFA cases that were not initially removable but become so later: If the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant ... of a copy of [a] ... paper from which it may ...