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In Main Drug, Inc. v. Aetna U.S. Healthcare, Inc., ___ F.3d ___ (11th Cir. Jan. 16, 2007), the plaintiffs filed suit in state court, the defendants removed the action under CAFA, the district court denied the ... jurisdiction, holding that it would be "too much of a stretch" to interpret a notice of appeal as a petition for permission to appeal under CAFA (28 U.S.C. §1453(c)(1)), which is the required procedure for seeking appellate review of a CAFA remand order. One judge on the ...

... ., et al. v. Good et al., --S.Ct.-- (Dec. 15, 2008). The Supreme Court was a 5-4 decision, with Justice Stevens writing the majority opinion and Justice Thomas writing the dissent. The case involves a group of plaintiffs from Maine who smoked "light" cigarettes for over 15 years that were manufactured by Philip Morris USA, ... §1334(b). Relying primarily on the decision in Cipollone v. Liggett Group, Inc., 505 U. S. 504 (1992), the Supreme Court explained that the phrase "based on smoking ...

... ") against Riverstone Networks, Inc. ("RNI") and its directors and officers. [T]his Court has authority under 28 U.S.C. § 1334(c)(1 ... 1334. In addition, factors (9), (10) and (11) are inapplicable because this Court's docket is not burdened, there is no evidence of forum shopping and there ... factor does not favor abstention. (6) The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. Consideration of the Amended Settlement through the 9019 Motion is a core proceeding ...

... , options, swaps, and futures. Bear Stearns Asset Management, Inc. ("BSAM") was the investment manager of the funds. Following volatility in the U.S. subprime lending market in early 2007, the funds began to suffer a ... a "foreign main proceeding" or a "foreign nonmain proceeding." This is based on a determination by the court whether the debtor's "center of main interests" ("COMI") is in the jurisdiction where the foreign proceeding was commenced. There is a presumption that a debtor's COMI is its ...

... nor others had a reason to design, test or warrant conventional vehicles (intended for the U.S. market) for use with higher ethanol blends. As a result, the public and private data ... fuels across the country." Access a release from AIAM (click here). Access AIAM's 35-page comment submission (click here). Access the detailed 76-page ... s website (click here).Waste Information & Management Services, Inc. (WIMS) Publishers of Michigan Waste Report, REGTrak, WIMS Daily & eNewsUSA Jeff Dauphin, ...

... a check for $85,000. The check was from Pelican Management, Inc., in New York. She deposited the check in her account at U.S. Bank and began disbursing the funds to ... withdrew all the remaining funds when the hold was lifted. U.S. Bank filed suit. Talbert's main argument was that U.S. Bank agreed to assume the risk of loss. ... of such an agreement, much less the terms. The trial court granted summary judgment to U.S. Bank. On appeal, the supreme court observed that Arkansas law prohibits anyone from ...

... Happy New Year! Washington D.C. based hotel conglomerate Marriott International, Inc. announced a few days ago that their time-share operations firm Marriott Vacation ... . They have been missing since mid-November, but the firm informed the U.S. Secret Service only two weeks ago. This incident is only the latest in ... DSW Shoe Warehouse. The main problem arising from these cases is that the data may be used for criminal "identity theft". As a political reaction to this, U.S. Senators Schumer and Nelson ...

... wrapping up its Term. Yesterday, the Court issued two significant decisions regarding retaliation. In CBOCS West, Inc. v. Humphries, the Court ruled 7-2, that employees may sue for retaliation under 42 U.S.C. section 1981. Section 1981 is ... VII of the Civil Rights Act. California employees have the Fair Employment and Housing Act. The main benefit of section 1981 is its longer statute of limitations and the lack of an exhaustion requirement. Justices Thomas and ...

... and a convicted felon, had created and used the fund through his company, Manhattan Capital Management Inc., to engage in fraud-an action that led to a number of regulatory and criminal actions. The SEC had even filed a securities fraud ... Bear Stearns closed out any remaining short positions in the account, using money in the accounting to complete the process. In acting as the fund's main broker, said Judge Borton Lifland last January, Bear Stearns had facilitated short-selling activities over ...

Order Signed April 25, 2006--Judge Catherine C. Blake. Not approved for publication. Metro Ready Mix, Inc. claims damages in a case arising out of contracts for the supply of cement. Metro initially filed a complaint in this court ... complaint included claims for intentional misrepresentation, intentional concealment, negligence, and negligent misrepresentation. Metro alleged that Essroc's two main plants were experiencing severe maintenance and quality control problems in the spring of 2005, which ...