James E. Pennington and Stephen E. Csajaghy, former counsel for plaintiff
Sun River Energy, Inc. (Sun River) in the underlying proceedings, appeal from a
judgment of the district court sanctioning them, jointly and severally, in the amount
of $20,345 for discovery abuse under Fed. R. Civ. P. 37. They raise several legal,
factual, and procedural challenges to the sanction. Exercisin

This case involves an attempt
by a Chapter 13 debtor to avoid foreclosure on her residential
mortgage through a lender liability suit in an adversary proceeding
within her bankruptcy case. Agreeing with the bankruptcy court, we
find all claims to be either time-barred or without merit, and
therefore affirm its grant of summary judgment in favor of the
creditors.
I. Back

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First
State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC
(“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank
(“IDB”). That case, which the parties have referred to as the “Related Action,” involved
the mishandling of collateral—rare c

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First
State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC
(“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank
(“IDB”). That case, which the parties have referred to as the “Related Action,” involved
the mishandling of collateral—rare c

The underlying case arose out of the claims of several men who joined Boy Scout troops when they were children and were allegedly sexually abused by their scout leaders. The Church of Jesus Christ of Latter Day Saints (LDS Church) sponsored some of the troops at issue in this case. On June 24, 2013, Does I–IV1 filed a complaint—which was later amended—against Boy Scouts of America and the LDS Chur

For thousands of years,
humanity has looked to the sky and dreamt of flying. Philosophers
and poets have had much to say on the subject, leaving in their
wake a bevy of quotes and sayings about the beauty of flight.1 The
Federal Rules of Civil Procedure, although elegant in their own
way, have so far failed to inspire such devotion.
Though this case arises out of a helicopt

Linda Arneson worked for Pacific Mortgage, partly on salary, partly on commission. After she left Pacific in February 2013, she claimed she was owed commissions for, among other things, certain work done by a fellow employee as part of her team. Representing herself, she filed a wage claim with the state Labor Commissioner, and, in October 2013, obtained an award of approximately $29,500. Paci

Benson purchased a used Infiniti from SCAS on October 1, 2011. He alleged that he subsequently learned the car had a damaged frame. He also alleged the car’s price on the contract he signed was $1,496 higher than the advertised price ($24,995) and the contract falsely stated he did not make a deferred down payment, when he actually did.
Benson’s counsel sent SCAS two letters, both dated

Tribeca is a California limited liability company formed in October 2005 by William Faidi, its sole shareholder. It is a San Francisco-based private equity investment firm that makes investments in “distressed” real estate by purchasing and foreclosing on defaulted mortgage loans. Sky Pacific Holdings I, LLC (Sky Pacific) is another California limited liability company also formed by Faidi, who

Plaintiffs Alamo Recycling, LLC (Alamo) and Chino Valley Recycling, LLC (Chino) operate “recycling center[s]” where beverage containers sold in California may be redeemed for their “California Redemption Value.” In this action, plaintiffs sued defendant Anheuser Busch Inbev Worldwide, Inc. and other companies that sell or distribute beverages containers in California (the Beverage Companies or de

The plaintiff, First Bostonview Management, LLC (First Bostonview), appeals from the judgment entered pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), after the allowance of the summary judgment motion by the defendant, Bostonview Corporation (Bostonview), a charitable corporation, on First Bostonview's claims stemming from its attempt to purchase substantially all of Bostonview's real prope

Mike and Beverly Birnbaum purchased a penthouse condominium unit in San Antonio in 2007. They had it remodeled and moved in two years later. Soon after they moved in, a rainstorm occurred and they discovered numerous water leaks throughout the unit.
The Birnbaums brought suit against the seller, Gena Atwell, Atwell’s realtor, Phyllis Browning, Browning’s company, and their own realtor, Mimi We

IEVM filed the instant action against UEG and Mueller in Texas state court. UEG removed the action to federal court, and the original state court petition was never amended. The facts, recited almost verbatim from the complaint, are as follows. In July 2010, British Petroleum (“BP”) announced that it wished to sell its Pakistani subsidiaries that owned oil and gas fields in Pakistan (“BP Pakist

This case arises from the failed Black Rock North Development project undertaken by BRN in Coeur d’Alene. BRN was formed by Marshall Chesrown, who served as CEO, to develop a high-end 325-unit residential and golf course community on the west side of Lake Coeur d’Alene. The project was known as Black Rock North. American Bank was the lender for this project. The project required that BRN obtain

Plaintiffs appeal the district court’s dismissal of a securities class action against
ZAGG, Inc. and its former CEO and Chairman, Robert Pedersen, alleging violations
of the antifraud provisions of the securities laws. The plaintiffs allege Pedersen failed
to disclose in several of ZAGG’s SEC filings the fact that he had pledged nearly half
of his ZAGG shares, amounting to approxim

In this appeal, we must determine whether defendant’s
repeated requests to speak with a family member during
interrogation was sufficient to invoke the right to remain
silent and, if so, whether defendant’s subsequent statements and
2
physical evidence recovered as a result of those statements
should be suppressed.
We conclude that defendant, Michael Maltese,

We review Referee Daniel L. Icenogle's recommendation that the court suspend the Wisconsin law license of Attorney Joseph M. Capistrant for a period of 90 days for professional misconduct. The referee also recommended that Attorney Capistrant pay the costs of the proceeding, which total $574.94 as of June 1, 2015.

¶2 Because no appeal has been filed, we review the referee's repor

Grady Allen Davis is a Texas inmate who claims in this case that jail staff used excessive force against him, causing him injury and violating his constitutional rights. The district court granted summary judgment to the defendants because Davis failed to satisfy the statutory prerequisite under the Prison Litigation Reform Act of exhausting available administrative remedies prior to filing suit.

The jail in Dallas County, Texas, where Davis was detained during the time relevant to this case, sets out its grievance procedures in an inmate handbook, which is in the record. According to the handbook, there are two steps in the grievance process. First, an inmate must file a written grievance with jail staff. Second, if the initial decision is adverse to the inmate, he is afforded an appea

The record before us reveals the following. On October 11,
2008, a relative attempted to contact defendant’s mother, but
was unable to do so. That relative notified defendant’s sister,
Leela Parent, who unsuccessfully attempted to contact her
parents. Subsequently, Parent called defendant, other family
members, hospitals, and police stations in an attempt to locate

In this case, we are called upon to decide whether a Rule 60(b) motion to provide relief from a final judgment was timely. Concluding it was not, we reverse.
I.
A.
From the mid-1980s through the early-1990s, Luis Sensat headed a drug trafficking enterprise that shipped thousands of kilograms of cocaine from Colombia into the United States. Rolando Fernandez, the defendant, was a member

In this appeal we consider whether the issuer of a basic
automobile insurance policy, voided due to a fraudulent
application, must pay the liability claims of innocent third
parties. The insurer takes the position that it should not be
required to pay any claims to injured third parties because
N.J.S.A. 39:6A-3.1 does not mandate a minimum amount of
liability coverag

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy

Our court previously remanded this case to the district court after reversing one of Matthew Simpson’s convictions.1 Simpson was resentenced and now appeals that sentence on several grounds, asserting, among other claims, that 18 U.S.C. § 3581(b)(3) imposes a statutory maximum sentence of twelve years for a Class C felony and that the district court accordingly erred in imposing 240 months of impr