LexisNexis® Legal Newsroom
2 Subprime Suit Dismissal Motion Rulings

In two separate decisions, two courts issued opinions in cases that each related in different ways to Credit-Based Asset Servicing and Securitization, LLC , also known as C-Bass. As discussed below, Judge Rakoff has issued an opinion substantiating his prior dismissal motion rulings in the C-Bass subprime...

Lawsuit Filed Against Deutsche Bank Claims Las Vegas Condo Buyers Deceived

LOS ANGELES - A lawsuit was filed July 19 in Los Angeles County Superior Court by the law firm Lurie & Park LLC on behalf of three people who placed deposits towards condominiums at the Cosmopolitan of Las Vegas ( Wendy Na, et al. v. Deutsche Bank, et al. , No. BC441872, Calif. Super., Los Angeles...

Oregon Federal Jury Returns Defense Verdict In 3 Shoulder Pain Pump Cases

PORTLAND, Ore. -- An Oregon federal jury on Oct. 15 returned three defense verdicts in a trial against the manufacturer of a drug infusion pump and a distributor ( Christina McClellan v. I-Flow Corporation , et al,, No. 07-1309, Juan Huerta v. I-Flow Inc., et al. , No. 07-1310-AA, Danny Arvidson v. DJO...

Challenging Plaintiff's Proof Of Reasonable Alternative Design

By William A. Ruskin In the majority of jurisdictions, to establish a claim for design defect in a product liability action, the plaintiff must present some proof of a "feasible alternative design" or "reasonable alternative design." In an article published in the IADC Product...

Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me Why You Shouldn't

Years ago, humorous writer Fran Lebowitz was asked about criticism of a judge overseeing one of the highest profile murder trials of all time. The jurist was taking heat for what people viewed as a laid back or merely observant role in the courtroom, allegedly enthralled by the performances of the legendary...

William A. Ruskin: Frye Decision In BMW Case Results In Exclusion Of Plaintiff's Experts

By William A. Ruskin In a thoughtful decision handed down in Reeps v. BMW of North America, LLC , 2012 N.Y. Slip Op.33030(u) [ enhanced version available to lexis.com subscribers ], on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the expert testimony of plaintiff's...

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice...

Chief Justice Denies Request To Shut Down NLRB

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the...

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia

By Roger D. Winston, Shelah F. Lynn and Timothy P. Martin A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar consumer protection...

Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading

On June 12, 2014, the United States Supreme Court decided the case of POM Wonderful LLC v. Coca-Cola Co., 189 L. Ed. 2d 141 (U.S. 2014) . POM Wonderful, LLC (POM) filed its initial action against Coca-Cola asserting that the labeling, marketing, and advertising for one of Coca-Cola’s juice blends...

Cadwalader Clients & Friends Memo: FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western energy crisis from 2000 to 2002 were precluded by the Natural Gas Act (“...

Supreme Court To Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 2 agreed to decide whether the U.S. Bankruptcy Code gives bankruptcy courts discretion to award lawyers their fees for successfully defending applications for enhanced attorney fees ( Baker Botts, LLP, et al. v. ASARCO, LLC , No...

Payment Of Attorneys For Defending Fee Requests Debated In Supreme Court

WASHINGTON, D.C. — (Mealey’s) There is no basis in the law for categorically denying payment to lawyers for successfully defending their fee applications in bankruptcy cases, attorney Aaron M. Streett of Texas law firm Baker Botts LLP told the U.S. Supreme Court Feb. 25 in a case in which...

Legislative Damage Caps Found Unconstitutional In Tennessee

On March 9, 2015, Judge W. Neil Thomas, III of the Circuit Court of Hamilton County, Tenn., found the statutory caps for noneconomic damages in Tenn. Code Ann. § 29-39-102 to be unconstitutional. The statute, enacted in 2011, added a cap for recovery of noneconomic damages of $750,000 per injured...