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Evidence — Admissibility Issues in Diversity Action Governed by Federal, Not State, Law “So Long As They Can Rationally Be Viewed As Procedural”

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Mahmood v. Narciso, 2013 U.S. App. LEXIS 24945 (3d Cir. Dec. 17, 2013):

Sania Mahmood ("Mahmood" or "Appellant") appeals the judgment of the District Court 1 entering a jury verdict and denying a motion for a new trial. ***

On May 11, 2009, Mahmood filed a complaint in the Superior Court of New Jersey, naming Joseph Narciso Jr., Mayflower Transit, LLC, XYZ Corporation, and Vantage Blue Solutions, Inc. as Defendants (collectively, "Appellees" or "Defendants"). Defendants removed the matter to the United States District Court for the District of New Jersey based on diversity of citizenship.

Magistrate Judge Arpert presided over the five day jury trial. Since the parties had stipulated to the liability of Defendants, the sole issue at trial was damages. The jury awarded Mahmood $25,000 in compensatory damages. Mahmood moved for a new trial. In her moving papers, Mahmood argued that the damages award: (1) did not reflect the extent of her injuries and is manifestly unjust; and (2) that the jury had information that may have impermissibly influenced its decision. Judge Arpert denied the motion.

Now Appellant argues that Judge Arpert made several errors at trial. First, he improperly excluded evidence regarding the mechanics of the accident; second, he improperly curtailed the expert testimony of Dr. Skolnick; and third, he denied a motion seeking a new trial based on a damages award that was manifestly unjust. None of these claims have merit.***

A. Exclusion of Evidence Concerning the "Mechanics of the Accident"

Appellant contends that the District Court abused its discretion and committed reversible error when it excluded evidence relating to the nature and severity of the automobile collision. (Appellant Br. 2.)

Footnote 3.     Appellant also argues that New Jersey law governing admission of evidence applies to this action by the application of the Erie doctrine. Federal courts in diversity cases are bound to apply federal rules "so long as they can rationally be viewed as procedural." Salas by Salas v. Wang, 846 F.2d 897, 906 (3d Cir. 1988). We find the evidentiary rulings here to be largely procedural, and therefore review the District Court's rulings under federal rules. Cf. In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 761 n. 31 (3d Cir. 1994) (declining to apply state procedural law reasoning that "Pennsylvania substantive law does not change  the federal standard for the admissibility of expert testimony").

 

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Criminal Spoliation Can Be A Due Process Violation — Defendant Must Show That (1) The Evidence Had Exculpatory Value Before It Was Destroyed, (2) Defendant Is Unable to Obtain Comparable Evidence by Reasonable Means, and (3) Bad Faith Failure to Preserve

1) Rule 11 Sanctions: “No First Amendment Exception to a Rule 11 Violation” — “[T]he First Amendment Covers Novel, Nonfrivolous Arguments, But Many Frivolous Arguments Are Also Novel” (Good Quotes) — Frivolous To Continue To Make Rejected Novel Arguments; (2) FRAP 38 Sanctions: District Court In Best Position to Set Sanctions, Attorney’s Fees and Costs

3 Prerequisites for Inherent Power and § 1927 Sanctions in Second Circuit: (1) Bad Faith, (2) Conduct That Is Entirely Without Color [Thus, An Ill-Motivated Colorable Position Appears to Be Protected in the Second Circuit], and (3) Improper Purpose— “To Gain A Strategic Advantage” Is An Improper Purpose — Due Process Satisfied by Opponent’s Motion and Multiple Court Conferences, After Which Target Was Allowed to Submit Additional Letters

Inherent Power Sanctions — Untimeliness as Laches — Laches Properly Applied to Deny Sanctions Motion — Note Waived Defenses to Laches

Rule 37(c)(1) Sanctions: Substantial Justification or Harmless Error (Ninth Circuit Factors) — Erie: When State Supreme Court Has Not Squarely Addressed an Issue, Circuit Must Predict How It Would Rule, Using Intermediate Appellate Decisions, Decisions from Other Jurisdictions, Statutes, Treatises And Restatements for Guidance

(1) Appellate Review of Inherent Power Sanctions (7th Circuit): Factual Findings Reviewed for Clear Error, Choice of Sanction for Abuse of Discretion — 4-Element Test for Reversal; (2) Sanctions and Class Actions: Monetary Sanctions Properly Imposed on Defendants for Improper Communications with Class Members (Represented Parties) — “[I]f The Class And The Class Opponent Are Involved In An Ongoing Business Relationship, Communications From The Class Opponent To The Class May Be Coercive” (Good Quote); (3) Monetary Sanctions under Goodyear v. Haeger: If Same Fact-Gathering Would Have Been Conducted Absent The Misconduct, No But-For Causation — But Only “Rough Justice” Required, “Not Accountant-Like Precision” (Good Quote) — Once Misconduct Is Clear, Time Spent Ferreting It Out Compensable under Goodyear; (4) Goodyear Did Not Overrule Long-Standing Rule That Courts May Impose Modest Civil Monetary Sanctions to Curb Litigation Abuse; (5) Appellate Jurisdiction Lacking Where Sanctioned Attorney Fails to File Notice of Appeal and Lawyer’s Intent to Appeal Not Apparent from Client’s Notice; (5) Rule 11 Improper Purpose — Party May Have Many Purposes for Pursuing Claim — As Long As Claim Is Supported by Good Faith Belief in the Merits, “A Parallel Reason Does Not Violate Rule 11” — To Deny A Motion for Sanctions, The District Court Need Not Address Every Argument: “Arguments Clearly Without Merit Can, And For The Sake Of Judicial Economy Should, Be Passed Over In Silence” (Good Quote); Non-Monetary Sanction on Counsel: Complete Twice The Required Amount Of Professional Responsibility Hours For Her Next Continuing Legal Education Cycle Imposed By The State Bar

(1) Spoliation: Sanctions Are Warranted Only If the Movant Establishes That A Reasonable Trier of Fact Could Find That The Destroyed Evidence Would Support A Claim Or Defense — § 1927 Sanctions: “Courts Often Refuse to Award Sanctions When Both Parties Contributed to the Waste of Judicial Resources” (Good Quote)

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(1) FRAP 38 Sanctions Inapt for Appeal That Is Weak — “Borderline Frivolous” — Test Is Whether Appellant Should Have Known the Appeal Had Absolutely No Chance of Success — (2) Lay Opinion Testimony under Rule 701: Nub of Helpfulness Requirement Is to Exclude Testimony When the Witness Is No Better Suited Than the Jury to Assess the Issue; (3) Appeals: No Appeal from Denial of Motion for Judgment As a Matter of Law Unless Appellant Made That Motion Before Case Was Submitted to Jury

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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