Gregory P. Joseph

Gregory P. Joseph http://www.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. Sun, 05 Feb 2012 05:52:11 +0000 Sun, 05 Feb 2012 05:52:11 +0000 Standards for Deposing Opposing Counsel — Claim for Attorney’s Fees Does Not Open Door to Deposition http://www.josephnyc.com/blog/?blogID=1962 United States Liab. Ins. Co. v. Goldin Metals, Inc., 2012 U.S. Dist. LEXIS 4881 (S.D. Miss. Jan. 17, 2011): The Goldins are defendants in a related civil suit filed in the United States District Court for the Northern District of Georgia. *** The Goldins tendered defense of the NCI lawsuit to Pla... Sun, 05 Feb 2012 00:00:00 +0000 Impact of Daubert at Class Certification — Conflicting Circuit Views http://www.josephnyc.com/blog/?blogID=1977 Third Circuit: â€œ[The district court] need not turn class certification into a mini-trial.... We understand the Courtâ€™s observation [i.e., the Supreme Courtâ€™s observation in Dukes] to require a district court to evaluate whether an expert is presenting a model which... Sat, 04 Feb 2012 00:00:00 +0000 Extraterritorial Reach of RICO — Is Test Location of Enterprise or of Pattern? — No Proximate Cause between Money Laundering Predicate and Pretextual Firing http://www.josephnyc.com/blog/?blogID=1971 CedeÃ±o v. Castillo, 2012 U.S. App. LEXIS 1469 (2d Cir. Jan. 25, 2012) (affirming the decision excerpted in our post of October 10, 2010): On appeal, CedeÃ±o ... [f]irst ... contends that his claim fits within the scope of RICO's domestic application because it alleges... Fri, 03 Feb 2012 00:00:00 +0000 Inherent Power Sanction Imposed on Attorney for Failure to Monitor ECF and Missing a Hearing That Was Noticed Only Electronically and Just Two Days before the Hearing Date http://www.josephnyc.com/blog/?blogID=1949 United States v. Romero-Lopez, 2011 U.S. App. LEXIS 22897 (1st Cir. Nov. 16, 2011): Attorney ... was sanctioned by the district court, under its inherent powers, in the amount of $1,500 for failing to appear at the rescheduled sentencing hearing for his client, a criminal defendant. We affirm the ... Thu, 02 Feb 2012 00:00:00 +0000 Class Actions — Rule 23(c)(1)(B) Requires a Readily Discernible, Clear and Precise (1) Statement of the Parameters Defining the Class and (2) Complete List of Claims, Issues or Defenses http://www.josephnyc.com/blog/?blogID=1972 Ross v. RBS Citizens, N.A., 2012 U.S. App. LEXIS 1478 (7th Cir. Jan. 27, 2012): Charter One appealed the district court's certification order, and this interlocutory appeal is now before us on (1) the very narrow issue of whether the district court judge's certification order complied with Rule 2... Wed, 01 Feb 2012 00:00:00 +0000 Cunningham Dictates that Inherent Power Sanctions, Like Discovery Sanctions, Are Not Appealable on Interlocutory Basis under Collateral Order Doctrine http://www.josephnyc.com/blog/?blogID=1969 Douglas v. Merck & Co., 2012 U.S. App. LEXIS 1288 (2d Cir. Jan. 23, 2012): Attorney Gary Douglas, counsel to plaintiff Shirley Boles during the trial of her products liability action against defendant Merck & Co., Inc. ("Merck"), appeals the district court's October 4, 2010 order... Tue, 31 Jan 2012 00:00:00 +0000 May Court Grant Rule 60(b) Relief Sua Sponte? Circuit Split http://www.josephnyc.com/blog/?blogID=1960 Reich v. Hallet (In re Hallet), 2011 Bankr. LEXIS 4992 (Bankr. D. Mass. Dec. 19, 2011): Pursuant to Fed. R. Civ. P. 60(b), made applicable to bankruptcy cases by Fed. R. Bankr. P. 9024, "[o]n motion and just terms, the court may relieve a party or its legal representative from a final judgm... Mon, 30 Jan 2012 00:00:00 +0000 RICO: Owners of Free Floating Vessels Not Subject to RICO Liability via Outer Continental Shelf Lands Act’s Provisions Extending US Law to Seabed and Permanently or Temporarily Attached Installations http://www.josephnyc.com/blog/?blogID=1957 Brown v. Offshore Specialty Fabricators, 663 F.3d 759 (5th Cir. 2011): This appeal involves a putative class action brought against several oil and gas companies and several companies that provide labor for offshore oil and gas projects. The plaintiffs allege violations of the Racketeer Influence... Sun, 29 Jan 2012 00:00:00 +0000 Securities — 10b-5 Liability for Breach of Contract — Shingle Theory of Broker-Dealer Liability http://www.josephnyc.com/blog/?blogID=1950 Capital Management Select Fund v. Bennett, 2012 U.S. App. LEXIS 471 (2d Cir. Jan. 10, 2012): Former customers ("RCM Customers") of Refco Capital Markets, Ltd. ("RCM"), a subsidiary of the now-bankrupt Refco, Inc., appeal from Judge Lynch's dismissal of their Section 10(b) sec... Sat, 28 Jan 2012 00:00:00 +0000 Arbitration: § 5 of FAA Authorizes Court to Name Substitute Arbitrator when Contractually-Designated One Is Unavailable and Not “Integral” — Circuit Split on Interpretation of § 5 http://www.josephnyc.com/blog/?blogID=1967 Khan v. Dell, Inc., 2012 U.S. App. LEXIS 1167 (3d Cir. Jan. 20, 2012): This appeal involves a matter of first impression for this Circuit â€” whether Section 5 of the Federal Arbitration Act (FAA) requires the appointment of a substitute arbitrator when the arbitrator designated by the pa... Fri, 27 Jan 2012 00:00:00 +0000