Greg Joseph

RICO: §1965(b), Not ’65(d), Governs Personal Jurisdiction (Circuit Split) — What Are the Ends of Justice within ’65 (b)? (Circuit Split) — Not Merely Suffering Harm in Forum — [Is Hub & Spoke Enterprise Viable?]

Laurel Gardens, LLC v. McKenna, 2020 WL 202215 (3d Cir. Jan. 14, 2020): *1 Plaintiffs, Laurel Gardens, LLC (“LG”), American Winter Services, LLC (“AWS”), Laurel Garden Holdings, LLC (“LGH”), LGSM, GP (“LGSM”), and Charles P. Gaudioso, appeal from the order…

Recusal—28 U.S.C. §144 vs. §455 (w/Text): Different Procedures, Same Standards — DQ: Only Past, Present Client Has Standing to Seek Disqualification — Pleadings of Conflicted Counsel Not Void — Clerk Must Initiate Default Judgment (R. 55)

Joseph v. City of San Jose, 2020 U.S. Dist. LEXIS 37611 (N.D. Cal. Mar. 3, 2020): ORDER DENYING MOTION TO RECUSE; DENYING MOTION FOR DISQUALIFICATION; DENYING MOTION FOR DEFAULT JUDGMENT; GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS; …

Post-Judgment Inherent Power Sanctions against Party Not Subject to Personal Jurisdiction (PJD) OK — Is Defaulting Sanctionable? — Interactive Website As Basis for PJD: Factors — Purposeful Direction Still Needed

Fidrych v. Marriott Int'l, 2020 U.S. App. LEXIS 6477 (4th Cir. Mar. 2, 2020): Bud Fidrych and his wife, both South Carolina residents, sued Marriott International in South Carolina district court after Fidrych was injured at the Boscolo Milano, a …

If Plaintiff Voluntarily Dismisses Per FRCivP 41(a)(1)(A)(i) & Refiles in State Court, Fed. Ct. Can’t Award Costs of First Action Per 41(d), Even Tho It Could If 2nd Action Were Filed in Fed. Ct.—First Impression at Circuit Level—Dist. Cts. Split

Sargeant v. Hall, 2020 U.S. App. LEXIS 6438 (11th Cir. Mar. 2, 2020): Under Federal Rule of Civil Procedure 41(d), if a plaintiff who voluntarily dismissed an action files a second action against the same defendant based on or …

RICO Claim Must Be Colorable to Confer Federal Question Jurisdiction — No Association in Fact Enterprise Stated by Allegations That Are Conclusory, Fail to Connect Conduct to Enter. Or to Allege Plausibly Continuing Unit

Lynn v. Brown, 2020 U.S. App. LEXIS 3802, 2020 WL 598999 (10th Cir. Feb. 7, 2020) (unpublished): Rosemary Ann Lynn, appearing pro se, appeals from the district court’s orders dismissing her complaint against Defendant Andrew George Brown, III (No. …

Sanctions: §1927 for Filing Premature Notice of Appeal to Delay District Court Proceedings — No 37(c)(1) Preclusion Despite Failure to ID Witnesses in Initial Disclosures: Harmless Error Where All ID’ed in Trial Brief

Hannah v. Walmart Stores, Inc., 2020 WL 521848 (2d Cir. Feb. 3, 2020) (unpublished): *1 ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders and judgment of said District Court be and they hereby are AFFIRMED…

RICO Causation: Lawyer Not Directly Harmed by Competitors’ Illegal Use of Recruiters to Solicit Work Comp Clients — Direct Injury Suffered by Clients and Insurance Companies

Ozeran v. Jacobs, 2020 WL 777646 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM** *1 Robert Ozeran appeals the district court’s decision dismissing with prejudice his claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and California’s Unfair Competition…

Magistrate Judges: Motion to Appoint Receiver Is Dispositive within R. 72, Even Tho Unisted in §636(a)(1)(A), As It Requires Merits Determination — Unlike Sanctions Motion Where Non-Dispositive Penalty Imposed Or Stay of Litigation Pending Arbitration

Ml-Cfc 2007-6 P.R. Props. v. Bpp Retail Props., 2020 U.S. App. LEXIS 6217 (1st Cir. Feb. 28, 2020): This appeal arises from a federal district court's designation of a magistrate judge to "hear and determine" — pursuant to 28 U.S.C. …

Appropriate Remedy for Scant R. 26(a)(1)(A)(iii) Damages Disclosure Is Motion to Compel, Not R. 37 Motion for Sanctions — Absent Showing of Harm, No Abuse of Discretion to Deny Sanctions [Despite Non-Discloser’s Burden to Show Harmless Error]

Finato v. Fink, 2020 U.S. App. LEXIS 5140 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM* Joaquim Finato appeals the district court's decisions on a series of claims he brought against Keith A. Fink & Associates ("KFA") based on KFA's …

Trial Time Limits May Be Imposed But Court’s Power “Not Unbounded” — Trial Efficiency Can Undermine Fairness (Good Quotes) — Importance of Objecting —Sanctions (R. 37): Attorney’s Fees Needn’t Be Calculated with “Exacting Specificity”

Raynor v. G4S Solutins (USA), Inc., 2020 WL 917060 (4th Cir. Feb. 26, 2020) (unpublished): *1 After 15 years of employment, G4S Secure Solutions, Inc. (“G4S”), fired E. Ray Raynor. He brings a host of federal and state law claims…

Commercial Litigation and Arbitration

RICO: §1965(b), Not ’65(d), Governs Personal Jurisdiction (Circuit Split) — What Are the Ends of Justice within ’65 (b)? (Circuit Split) — Not Merely Suffering Harm in Forum — [Is Hub & Spoke Enterprise Viable?]

Recusal—28 U.S.C. §144 vs. §455 (w/Text): Different Procedures, Same Standards — DQ: Only Past, Present Client Has Standing to Seek Disqualification — Pleadings of Conflicted Counsel Not Void — Clerk Must Initiate Default Judgment (R. 55)

Post-Judgment Inherent Power Sanctions against Party Not Subject to Personal Jurisdiction (PJD) OK — Is Defaulting Sanctionable? — Interactive Website As Basis for PJD: Factors — Purposeful Direction Still Needed

If Plaintiff Voluntarily Dismisses Per FRCivP 41(a)(1)(A)(i) & Refiles in State Court, Fed. Ct. Can’t Award Costs of First Action Per 41(d), Even Tho It Could If 2nd Action Were Filed in Fed. Ct.—First Impression at Circuit Level—Dist. Cts. Split

RICO Claim Must Be Colorable to Confer Federal Question Jurisdiction — No Association in Fact Enterprise Stated by Allegations That Are Conclusory, Fail to Connect Conduct to Enter. Or to Allege Plausibly Continuing Unit

Sanctions: §1927 for Filing Premature Notice of Appeal to Delay District Court Proceedings — No 37(c)(1) Preclusion Despite Failure to ID Witnesses in Initial Disclosures: Harmless Error Where All ID’ed in Trial Brief

RICO Causation: Lawyer Not Directly Harmed by Competitors’ Illegal Use of Recruiters to Solicit Work Comp Clients — Direct Injury Suffered by Clients and Insurance Companies

Magistrate Judges: Motion to Appoint Receiver Is Dispositive within R. 72, Even Tho Unisted in §636(a)(1)(A), As It Requires Merits Determination — Unlike Sanctions Motion Where Non-Dispositive Penalty Imposed Or Stay of Litigation Pending Arbitration

Appropriate Remedy for Scant R. 26(a)(1)(A)(iii) Damages Disclosure Is Motion to Compel, Not R. 37 Motion for Sanctions — Absent Showing of Harm, No Abuse of Discretion to Deny Sanctions [Despite Non-Discloser’s Burden to Show Harmless Error]

Trial Time Limits May Be Imposed But Court’s Power “Not Unbounded” — Trial Efficiency Can Undermine Fairness (Good Quotes) — Importance of Objecting —Sanctions (R. 37): Attorney’s Fees Needn’t Be Calculated with “Exacting Specificity”

Recent Articles

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

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