Greg Joseph

Commercial Litigation and Arbitration

For Rooker-Feldman (RF) to Bar Claim, Source of Injury Must Be State Court Judgment, Not Ministerial Act of Clerk Or Post-Judgment Conduct of Counsel — Concurrence: “Here’s to Urging [Supreme] Court to Give 1 Last Requiem to RF”

Vanderkodde v. Mary Jane M. Elliott, P.C., 2020 U.S. App. LEXIS 5838 (6th Cir. Feb. 26, 2020): In Exxon Mobil Corp. v. Saudi Basic Industries Corp., the Supreme Court made clear that the Rooker-Feldman doctrine—which prohibits the lower federal courts …

Social Media Photo: Page Ownership Irrelevant If Photo Independently Authenticated — Presence of Depicted Persons in Court Allows Jury to Determine Identity, Evidence of Hair Color, Clothing, Happy New Year Filter Allows Determination of Date

Holmes v. State, 2020 Md. App. LEXIS 104 (Md. Ct. Spec. App. Feb. 3, 2020): Appellant Jamar Lee Holmes was convicted by a jury in the Circuit Court for Harford County of attempted first-degree murder, attempted second-degree murder, first-degree assault,…

Even Though There Is No Safe Harbor in § 1927, Court Did Not Abuse Its Discretion in Declining to Sanction Party Who Withdrew One Challenged Claim, and Attempted to Withdraw the Other, Before Opponent Filed Sanctions Motion

Alcantra v. Coyote Valley Band of Pomo Indians, 2020 U.S. App. LEXIS 5829 (9th Cir. Feb. 25, 2020) (unpublished): Defendants appeal the denial of sanctions against Plaintiff Correy Alcantra's counsel under Federal Rule of Civil Procedure 11 and 28 U.S.C. …

Disqualification — Trial Taint—Meaning of Substantially Related —Subst’l Relationship Raises Presumption Confidences Shared — Lack of Recollection Irrelevant — Malleability of Memory — Pre-Indictment Delay in Moving Not Counted in Waiver Ana

United States v. Huawei Techs. Co., 2020 U.S. Dist. LEXIS 32144 (Feb. 25, 2020): On May 2, 2019, the Government moved to disqualify one of the defendants' attorneys, James M. Cole of Sidley Austin LLP. Mr. Cole was Deputy [*2] …

Arbitration Clause Doesn’t Strip Fed. Ct. of Jurisdiction — Meaning of “Pursuant to” — Sanctions: Inherent Power (IHP) to Revoke Pro Hac Vice, R. 11 Improper Purpose for Determined Indifference to Merits, §1927 $ to Adversary & Ct. (IHP?)

Royce v. Michael R. Needle P.C., 2020 U.S. App. LEXIS 5233 (7th Cir. Feb. 20, 2020): This dispute over attorney's fees has a long, tortured history. Not because it is unduly complex or involves novel legal issues, but because one…

Arbitration: Appropriate for Arbitrator to Apply Fed. Ct. Standards for Reconsideration & Arguments Not Timely Raised, Including First Raised on Reply — Doing So ≠ “Misbehavior in Any Sense” (Good Quote)

Anderson v. Am. Gen. Life Ins. Co., 2020 U.S. App. LEXIS 5031 (11th Cir. Feb. 19, 2020) (unpublished): PER CURIAM: William Anderson, a plaintiff proceeding pro se, appeals the district court's denial of his motion to vacate his arbitration award…

Rule 11 Sanctions Rejected for Reciting Correct Standard for Retaliation Claim But Mistakenly Citing Title VII, Not ADA (& Then Correcting Error) — Movant “Essentially Seeks $100,000 for An Inconsequential Typographical Error” (Good Quote)

Alston v. Miss. DOT, 2020 U.S. App. LEXIS 4783 (5th Cir. Feb. 12, 2020) (unpublished): PER CURIAM:* In this pro se employment-discrimination case, Jason D. Alston appeals the district court's grant of summary judgment to the Mississippi Department of…

Disqualification: Motion to Dismiss for Lack of Subject Matter Jurisdiction Is Decided before Motion to Disqualify, Moots DQ Motion If Jurisdiction Lacking

Washington-St. Tammany Elec. Coop., Inc. v. La. Generating, LLC, 2020 U.S. Dist. LEXIS 27177 (M.D. La. Feb. 20, 2020): 1 At oral argument, the Court also heard argument on Louisiana Generating LLC's Motion to Disqualify Counsel for Plaintiffs. (Doc. 203.) …

Sanctions: Dismissal for Shotgun Pleading (Defined), Dismissal Factors (11th Circuit) — Must Give 1 Amendment — Dismissal for Disregarding Order ≠ Abuse of Discretion, Especially If Warned — Pro Se Must Comply with Rules

Sarhan v. Miami Dade College, 2020 WL 428926 (11th Cir. Jan. 28, 2020) (unpublished): PER CURIAM: *1 Robert Sarhan, an adjunct professor at Miami-Dade College, filed several complaints in the underlying case against the College’s Board of Trustees, alleging violations…

Facebook Message Authenticated by Admission of Authorship, Distinctive Characteristics Manifest in Other Writing by Alleged Author (AA), Contents Known Only to AA & Statements Someone in AA’s Position Would Make

State v. Serrano, 2019 N.M. App. Unpub. LEXIS 499 (N.M. Ct. App. Dec. 13, 2019): P1 Defendant Sade Serrano appeals his convictions for two counts of criminal sexual penetration of a minor (CSPM), contrary to NMSA 1978, Section 30-9-11(G)(1) (2009)…

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Recent Articles

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

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

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

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