Gregory P. Joseph

Gregory P. Joseph http://josephnyc.com/blog/ Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules. en-us Copyright © 2007 Gregory P. Joseph Law Offices LLC. All rights reserved. Mon, 20 May 2013 06:05:58 +0100 Mon, 20 May 2013 06:05:58 +0100 “RICO Was Intended to Combat Organized Crime, Not to Provide a Federal Cause of Action and Treble Damages to Every Tort Plaintiff” — Good Quote http://josephnyc.com/blog/?blogID=2428 Boar, Inc. v. County of Nye, 499 Fed. Appâ€™x 713 (9th Cir. 2012): In 2007, Karl and Maverick Snowdon purchased a parcel of land located on 3271 S. Homestead Road in Pahrump, Nevada that they intended to commercially develop. Over the following years, however, the Snowdons would repeatedl... Sat, 18 May 2013 00:00:00 +0100 Sanctions — Hyde Amendment — Criminal Defendants May Seek Fees for Vexatious, Frivolous or Bad Faith Prosecution — Court http://josephnyc.com/blog/?blogID=2431 United States v. Manzo, 712 F.3d 805 (3d Cir. 2013): Under a statutory provision known as the "Hyde Amendment," a district court in criminal cases "may award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the co... Fri, 17 May 2013 00:00:00 +0100 Is a National Bank a Citizen Only of the State Housing Its “Main Office” or Also of the State Where Its Principal Place of Business Is Located? Caselaw Split http://josephnyc.com/blog/?blogID=2432 Adams v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 65353 (N.D. Cal. May 7, 2013): Plaintiffs, Christopher D. Adams and Sheila K. Adams, brought this action in state court seeking redress for several statutory and common law violations arising from the origination of their residential mortgage... Thu, 16 May 2013 00:00:00 +0100 Negligent Spoliation — Sanctions — Deeming Certain Facts Admitted and Precluding Certain Arguments Does Not Prevent Summary Judgment in Favor of Spoliator — Bad Faith Required for Adverse Inference in Seventh Circuit http://josephnyc.com/blog/?blogID=2429 Northington v. H & M Intâ€™l, 712 F.3d 1062 (7th Cir. 2013): This is a Title VII case involving two issues on appeal: whether in a grant of summary judgment there was any relevant issue of material fact and whether a discovery sanction was properly applied and adhered to by the distri... Wed, 15 May 2013 00:00:00 +0100 <I> Mohawk </I> Bars Collateral Order Review of Adverse Privilege Decision Entered against Non-Party as Well as Party — <I> Perlman </I> Review Also Unavailable to Parties Where Subpoenas Served on Counsel Who Gave the Advice Parties Rely on as Defense http://josephnyc.com/blog/?blogID=2427 United States v. Copar Pumice Co., Inc., 2013 U.S. App. LEXIS 9148 (10th Cir. May 6, 2013): This is an interlocutory appeal arising out of an action filed by the United States against Defendants Kelly Armstrong, Debbie Cantrup, Richard Cook, Shirley Cook (collectively "the Cooks"), and ... Tue, 14 May 2013 00:00:00 +0100 If 30(b)(6) Witness Adequately Prepared, Others May Testify at Trial on Subjects the 30(b)(6) Lacked Knowledge of — Experts Designated for Non-Trial Purposes (e.g., Class Cert) But Not Trial May Testify on Rebuttal at Trial http://josephnyc.com/blog/?blogID=2416 Abu Dhabi Commercial Bank v. Morgan Stanley & Co., 2013 U.S. Dist. LEXIS 38787 (S.D.N.Y. Mar. 20, 2013): A. Testimony of Plaintiffs' Witnesses on Subjects About Which Their 30(b)(6) Designees Disclaimed Knowledge Defendants argue that plaintiffs should be precluded from calling witnesses to... Mon, 13 May 2013 00:00:00 +0100 Sanctions — Standards for Award on Appeal under Fed.R.App.P. 38 and 28 U.S.C. § 1912 http://josephnyc.com/blog/?blogID=2423 Bridgeport Music, Inc. v. Smith, 2013 U.S. App. LEXIS 8869 (6th Cir. May 1, 2013): Also before this court is Plaintiffs' motion for damages and costs pursuant to Fed. R. App. P. 38 and 28 U.S.C. Â§ 1912. Section 1912 provides that, "[w]here a judgment is affirmed by the Supreme Co... Sat, 11 May 2013 00:00:00 +0100 Despite Bankruptcy Court’s Inability to Impose Criminal Contempt for Acts Outside Its Presence, Injunction of State Court Case Upheld — Elements of Civil Contempt — Civil vs. Criminal Contempt http://josephnyc.com/blog/?blogID=2425 In the Matter of Lothian Oil, Inc. (Grossman v. Belridge Grp.), 2013 U.S. App. LEXIS 9353 (5th Cir. May 8, 2013): Appellants/Cross-Appellees-the Anti-Lothian Bankruptcy Fraud Committee, Israel Grossman, and other individuals and entities-challenge a bankruptcy court's order enjoining their prosec... Fri, 10 May 2013 00:00:00 +0100 26(a)(2)(B) Expert Reports — Permissible Supplementation or Clarification v. Impermissible Sandbagging — Point of Rule Is to Eliminate Need for Deposition and Risk of Ambush http://josephnyc.com/blog/?blogID=2419 Eiben v. Gorilla Ladder Co., 2013 U.S. Dist. LEXIS 59961 (E.D. Mich. April 22, 2013): The Sixth Circuit has held that "[u]nder Rule 26(a), a 'report must be complete such that opposing counsel is not forced to depose an expert in order to avoid an ambush at trial; and moreover the report mu... Thu, 09 May 2013 00:00:00 +0100 Inherent Power Sanctions — No Bad Faith in Deciding to Dismiss Case, After Bad Result, for Purposes of Appellate “Panel Shopping” for Future Disputes (Good Quote) http://josephnyc.com/blog/?blogID=2360 Tex. Med. Providers Performing Abortion Servs. v. Lakey, 2013 U.S. App. LEXIS 3971 (5th Cir. Feb. 26, 2013): Pursuant to this panel's order that all subsequent appeals in this litigation be referred to us, the State of Texas here challenges the district court's denial of its motion to recover abo... Wed, 08 May 2013 00:00:00 +0100