http://jnyc.6stops.com/blog/Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.en-usCopyright © 2007 Gregory P. Joseph Law Offices LLC. All rights reserved.Fri, 03 Jul 2009 03:27:33 +0100Fri, 03 Jul 2009 03:27:33 +0100http://jnyc.6stops.com/blog/?blogID=588From Pandozy v. Robert J. Gumenick, P.C., 2008 U.S. Dist. LEXIS 41440 (S.D.N.Y. May 23, 2008): [B]ecause the initial representation with respect to the apartment sale involved a different subject matter than the appeal of the specific performance action, the continuous representation doctrine is no...Fri, 30 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=587The statistical expert (Dr. Siskin) retained by the defendant Employees Committed for Justice v. Eastman Kodak Co., 2008 U.S. Dist. LEXIS 39694 (W.D.N.Y. May 15, 2008) originally performed a study in 1999 that the defendant wanted to use in this employment discrimination case, so he was designated a...Thu, 29 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=586From United States v. Qualls, 2008 U.S. Dist. LEXIS 40375 (E.D.N.Y. May 19, 2008): Defendant specifically raises a Crawford challenge to the proposed method of authenticating the IG records--by certification of an IG employee pursuant to 18 U.S.C. § 3505. This statute permits the government to a...Wed, 28 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=585In Roger Clemens’ defamation action against his former trainer, Brian McNamee, Clemens v. McNamee, 2008 U.S. Dist. LEXIS 36916 (S.D. Tex. May 6, 2008), McNamee moved to disqualify Clemens’ lawyer, Rusty Hardin, on the theory that Hardin's prior joint representation of both Clemens and Andy Pett...Tue, 27 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=584From Regan-Touhy v. Walgreen Co., 2008 U.S. App. LEXIS 10704 (10th Cir. May 20, 2008): [T]he burdens and costs associated with electronic discovery, such as those seeking "all email," are by now well known, and district courts are properly encouraged to weigh the expected benefits and burdens posed...Mon, 26 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=582Attached is the March 2008 draft of the proposal to amend the Expert Witness Rule, Fed. R. Civ. P. 26(b). The draft would protect against disclosure of draft reports and most communications between counsel and expert. The Standing Committee on Rules of Practice and Procedure of the U.S. Judicial C...Sun, 25 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=581The individual who verified plaintiff State Farm’s interrogatory answers in State Farm Mut. Auto. Ins. Co. v. New Horizon, Inc., 2008 U.S. Dist. LEXIS 37571 (E.D. Pa. May 7, 2008), did little or nothing to insure their accuracy. The defendants moved for sanctions under Rule 26(g), which provides...Sat, 24 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=580From Phillips v. E.I. Dupont de Nemours & Co., 521 F.3d 1028 (9th Cir. 2008): The Sixth Circuit... [has] held that the purposes of class action tolling under American Pipe "are not furthered when plaintiffs file independent actions before decision on the issue of class certification." Wyser-Pratt...Fri, 23 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=579The Second Circuit held in Estate of Pew v. Cardarelli, 2008 U.S. App. LEXIS 10269 (2d Cir. May 13, 2008), that federal jurisdiction exists under CAFA (28 U.S.C. §§ 1332(d)(9) (C) and 1453(d)(3)) over a class action alleging that officers of an issuer — abetted by the issuer's auditor — faile...Thu, 22 May 2008 00:00:00 +0100http://jnyc.6stops.com/blog/?blogID=578An individual defendant in SEC v. AmeriFirst Funding, Inc., 2008 U.S. Dist. LEXIS 36782 (N.D. Tex. May 5, 2008) committed violations involving fraud or deceit under both the Securities Act and the Securities Exchange Act. The SEC requested that the final judgment against him (Bruteyn) include third...Wed, 21 May 2008 00:00:00 +0100