Skip to content
Commercial Litigation and Arbitration
Attorneys
Recognition
Practice
Articles
Publications
Complex Lit Blog
Menu
Attorneys
Recognition
Practice
Articles
Publications
Complex Lit Blog
Commercial Litigation and Arbitration
« Back to Complex Lit Blog
One Score
Greg Joseph
March 17, 2021
Complex Lit Blog
Download PDF
March 17, 2021 marks the 20th anniversary of the Firm
Share this article:
Facebook
Twitter
LinkedIn
Email
Search
Recent Posts
23rd Anniversary of Firm
FRAP 38 Sanctions: Sixth Circuit Requires That A Party Seeking FRAP 38 Sanctions Must Show Both That An Appeal Lacks Merit And That The Appellant Took The Appeal For An Improper Purpose
(1) Agreements to Agree — Good Quote: “A Non-Binding Agreement To Negotiate Is Not A Binding Agreement To Close A Deal. When Negotiating Parties Cannot Agree And A Deal Falls Apart, They May Be Disappointed, But There Is No Breach Of Contract.” — (2) Damages for Breach of Covenant Not to Sue = Attorney’s Fees and Costs in Defending — (3) Does the Duty of Good Faith and Fair Dealing Apply to Letters of Intent? Undecided
Civil Contempt —Purposes: Compliance or Compensation — Clear and Convincing Evidence — Factors (6th Cir.): Court Order, Respondent’s Knowledge, Violation — Respondent’s Burden: Prove Present Inability to Comply — Spoliation of Tangible Evidence; Burden of Proof: Elements (6th Cir.) — Types of Sanctions — Severity Corresponds to Fault
Rule 37(c)(1) Sanctions: (1) Factors for Determining Whether Nondisclosure in Violation of Rule 26(a)(1) Was “Substantially Justified” or “Harmless” (Sixth Circuit Factors); (2) Nondisclosure in Violation of Rule 26(a) Causes No Surprise Where Evidence Consists of “Basic Math” Calculation Applied to Data in Documents in Movant’s Possession
(1) Rule 26(a) Disclosure Violation — Even If Non-Disclosure of Witness Was Neither Substantially Justified Or Harmless, Court Can Render It Harmless by Reopening Discovery to Allow Deposition; (2) “Good Cause” for Modification of Rule 16(b) Scheduling Order Provided by Nondisclosure of Witness in Violation of Rule 26(a); (3) Court Has Inherent Authority to Modify Scheduling Order Even in the Absence of “Good Cause”
Rule 11 Sanctions Reversed Under Demanding Plain Error Standard Where (1) Sanctions Motion Was Filed After the District Court Issued Its Decision, In Violation of Rule 11’s Safe Harbor (Rule 11(c)(2)) and (2) The District Court Failed to Describe The Offending Conduct And Furnish An Explanation for the Sanctions As Required by Rule 11(c)(6); (3) Good Quote: “Once an action is dismissed, a party may no longer move for sanctions under Rule 11”
(1) Sanctions for Nonexistent Case (Generated by Artificial Intelligence) Cited to Court of Appeals: Referral to Grievance Panel and Disclosure of Opinion to Foreign Client, Translated; (2) Second Circuit Mistakenly Relies on Rule 11, Which Does Not Apply in Courts of Appeal, Rather Than FRAP 38, Inherent Power of the Court or Other Applicable Sanctions Power; (3) Rule 37 and Rule 41(b) Dismissal Factors (2d Cir.); (4) Collecting Local Rules Pertaining to Use of Artificial Intelligence in Court Proceedings
Rule 41(b) Sanctions: Dismissal for Single Failure to Attend Pretrial Conference Reversed — Pattern of Contumacious Conduct, Consideration of Lesser Sanctions, Warning Or, At Least<A Record Showing Relevant Factors Weight Required
Pro Se Litigant Sanctioned $10,000 For Filing Brief (Prepared by a “Consultant”) Containing AI-Generated Fictitious Cases
Archives
Archives
Select Month
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
April 2023
March 2023
February 2023
October 2022
August 2022
February 2022
September 2021
August 2021
May 2021
April 2021
March 2021
September 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
November 2005
October 2005
August 2005
July 2005
November 2004
August 2004
March 2004
January 2004
December 2003
November 2003
October 2003
September 2003
February 2003
January 2001
December 2000
January 2000
November 1999
July 1999
June 1999