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United States of America v. Wells Fargo Bank, N.A.

MEMORANDUM OF LAW in Opposition re: 259 MOTION to Reopen Fact Discovery for a Limited Purpose and to Compel the Production of Documents from Wells Fargo Bank, N.A.. ,dated June 2, 2015 [REDACTED]. Document

20 Cited authorities

  1. United States v. Olano

    507 U.S. 725 (1993)   Cited 11,238 times   25 Legal Analyses
    Holding that plain error review requires a reviewing court to refrain from correcting an error unless it is plain and affects "substantial rights," such that the error "seriously affect the fairness, integrity or public reputation of judicial proceedings"

  2. Upjohn Co. v. United States

    449 U.S. 383 (1981)   Cited 4,202 times   128 Legal Analyses
    Holding that communications between corporate counsel and a corporation's employees made for the purpose of rendering legal advice are protected by the attorney-client privilege

  3. Lindsey v. Normet

    405 U.S. 56 (1972)   Cited 784 times   2 Legal Analyses
    Holding that the state has no obligation to provide adequate housing

  4. U.S. v. Bilzerian

    926 F.2d 1285 (2d Cir. 1991)   Cited 872 times   3 Legal Analyses
    Holding that while expert "may opine on an issue of fact within the jury's province," he "may not give testimony stating ultimate legal conclusions based on those facts"

  5. American Surety Co. v. Baldwin

    287 U.S. 156 (1932)   Cited 292 times
    Applying res judicata to action seeking to set aside judgment for lack of jurisdiction

  6. U.S. ex Rel. Hochman v. Nackman

    145 F.3d 1069 (9th Cir. 1998)   Cited 83 times   1 Legal Analyses
    Holding that recusal is not required when judge has "minimal alumni contacts" with a defendant university

  7. U.S. v. W.R. Grace

    439 F. Supp. 2d 1125 (D. Mont. 2006)   Cited 17 times
    Holding that a company's attorney-client privilege must "yield where its invocation is incompatible with a criminal defendants' Sixth Amendment right[]" to present a defense

  8. U.S. ex Rel. Mikes v. Straus

    84 F. Supp. 2d 427 (S.D.N.Y. 1999)   Cited 22 times
    Rejecting implied certification and holding that defendant physicians did not submit false or fraudulent claims for Medicare reimbursement where medical equipment failed to meet professionally recognized standards allegedly required by the government

  9. In re Residential Capital, LLC

    491 B.R. 63 (Bankr. S.D.N.Y. 2013)   Cited 1 times

    No. 12–12020 (MG). 2013-04-12 In re RESIDENTIAL CAPITAL, LLC, et al., Debtors. Kramer Levin Naftalis & Frankel LLP, By: Kenneth H. Eckstein, Esq., Philip S. Kaufman, Esq., Adina C. Levine, Esq., Arielle Warshall Katz, Esq., New York, NY, for the Official Committee of Unsecured Creditors. Morrison & Foerster LLP, By: Gary S. Lee, Esq., Anthony Princi, Esq., Darryl P. Rains, Esq., New York, NY, for the Debtors and Debtors in Possession. MARTIN GLENN Kramer Levin Naftalis & Frankel LLP, By: Kenneth

  10. United States v. Mix

    CRIMINAL ACTION NO. 12-171 (E.D. La. Jun. 26, 2012)

    CRIMINAL ACTION NO. 12-171 06-26-2012 UNITED STATES OF AMERICA v. KURT E. MIX STANWOOD R. DUVAL ORDER AND REASONS Before the Court is Defendant's Motion for a Protective Order (Doc. 26) filed by Kurt Mix ("Mix) who was a drilling engineer for BP plc ("BP") at the time of the Deepwater Horizon blowout on April 20, 2010. Mix worked on a number of efforts by BP to stop the resultant oil flow from the Macondo well. As part of his work, he allegedly generated and had access to BP internal data regarding

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,399 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,405 times   647 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,374 times   102 Legal Analyses
    Relating to mail fraud

  14. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,883 times   167 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  15. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,311 times   299 Legal Analyses
    Making false statements

  16. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,702 times   624 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  17. Section 1014 - Loan and credit applications generally; renewals and discounts; crop insurance

    18 U.S.C. § 1014   Cited 1,778 times   106 Legal Analyses
    Penalizing false statement to influence federal loan or credit agency

  18. Section 1006 - Federal credit institution entries, reports and transactions

    18 U.S.C. § 1006   Cited 191 times   1 Legal Analyses
    Defrauding federal credit institutions