Greg Joseph

Disqualification: “Questionable at Best” Whether Party Has Standing to Raise a Conflict between Opposing Parties & Their Counsel (Good Quote) — Speculation That Adversay “Knew” a Lawsuit Was Coming Not Enough for Spoliation Sanctions

Plouffe v. Cevallos, 2019 U.S. App. LEXIS 17603 (3d Cir. June 12, 2019) (unpublished): This is a [*5] consolidated appeal of two employment-related civil actions stemming from William C. Plouffe, Jr.'s firing by Kutztown University. The first action was against…

Non-Signatory May Not Compel Arbitration under NY Convention (NYC) — While FAA Permits This If State Law Allows, If the FAA Allows What the NYC Prohibits, the NYC Controls

Setty v. Shrinivas Sugandhalaya (BNG) LLP, 2019 U.S. App. LEXIS 17071 (9th Cir. June 6, 2019) (unpublished): MEMORANDUM* Shrinivas Sugandhalaya LLP ("SS LLP"), an incense manufacturing company based in Mumbai, appeals the district court's order denying its motion to…

28 U.S.C. § 1782 — Foreign Recognition, Enforcement, Attachment & Garnishment Proceedings after Merits Decided Are Not “Adjudicative” & Thus Not “Proceedings” within §1782 — No Discovery Permitted

In re Galaxy Energy & Res. Co. Pte. Ltd., 2019 U.S. Dist. LEXIS 109718 (S.D.N.Y. July 1, 2019): Before the Court is the ex parte Petition of Galaxy Energy and Resources Co. Pte. Ltd. ("Galaxy" or "Petitioner") seeking permission to …

§1927 Sanctions — Failure to Withdraw Claim Despite Letter Identifying Flaws But Later Seeking to Do So When Same Flaws Are Identified to Court in Dismissal Motion Is Unreasonable and Vexatious within §1927

Coleman v. Oasis Outsourcing, Inc., 2019 WL 2913718 (11th Cir. July 8, 2019) (unpublished): PER CURIAM: Brandon Coleman appeals the district court’s award of sanctions and grant of summary judgment to Oasis Outsourcing, Inc. (Oasis). Coleman asserts the district court…

Daubert: Court Properly Excluded Testimony from Expert Whose Report Was Researched, Drafted by Counsel with Only Minimally Revisions by Expert — That Process “Substantially Detracts from His Testimony’s Reliability and Usefulness” (Good Quote)

Puppolo v. Welch, 2019 U.S. App. LEXIS 18493, 2019 WL 2537526 (2d Cir. June 20, 2019) (unpublished): *1 UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby…

Arbitration: Denial without Prejudice of Motion to Compel Arbitration Is Reviewable under the FAA, 9 U.S.C. § 16(a)(1)(B) — Striking Such a Motion on Technical Grounds, Maybe Not

Griggs v. Kenworth of Montgomery, Inc., 2019 U.S. App. LEXIS 16786 (11th Cir. June 4, 2019) (unpublished): PER CURIAM: Kenworth of Montgomery Inc. brings this interlocutory appeal under the Federal Arbitration Act (FAA), 9 U.S.C. § 16, contending …

Sanctions: Dismissal for Evading Answers at Dep (“Deliberate Obtuseness”), = Lying to Avoid Giving Evidence, “Essentially Falsified Testimony” — Inherent Power, R. 37, R. 30(d): “Sanctions … Must Be Proportionate” (Good Quotes)

Donelson v. Hardy, 2019 WL 2949473 (7th Cir. July 9, 2019) (unpublished): ORDER *1 Charles Donelson sued a nurse and Wexford Health Sources, Inc., for allegedly providing him with constitutionally deficient medical care in prison and retaliating against him for…

Class Action Fairness Act If Federal Jurisdiction Is Based Only on CAFA, Which Provides Jurisdiction Only for “Class Action[s],” Does Denial of Class Certification Divest Court of Jurisdiction? — No

Coba v. Ford Motor Co., 2019 U.S. App. LEXIS 20183 (3d Cir. July 8, 2019): Problematic as a lemon of a vehicle may be, the problem becomes more complex when it is peeling. This appeal involves a putative consumer class …

Text Authentication OK Via Non-Participant Witness Who Observed Exchange of Texts and Knows Contents, Coupled with Alleged Recipient’s Acting in Accordance with Contents

State v. Bitner, 2019 Wash. App. LEXIS 1661 (Wash. Ct. App. June 25, 2019): James Bitner appeals his conviction for delivery of a controlled substance — methamphetamine. The State charged Bitner after law enforcement directed a confidential informant (CI) to …

Failure to File Written Objection to Magistrate Judge R&R Waives Review of Dist. Ct’s Judgment Is Not Jurisdictional & May Be Disregarded — Especially When Dist. Ct. Has Disregarded It, Too — Sanctions: Vexatious Litigant Injunction

Bonds v. Daley, 2019 WL 2647494 (6th Cir. May 17, 2019): ORDER *1 Todd Bonds, a pro se litigant, appeals the district court’s judgment denying his motion for summary judgment, granting the defendants’ motion for summary judgment, and granting the …

Commercial Litigation and Arbitration

Disqualification: “Questionable at Best” Whether Party Has Standing to Raise a Conflict between Opposing Parties & Their Counsel (Good Quote) — Speculation That Adversay “Knew” a Lawsuit Was Coming Not Enough for Spoliation Sanctions

Non-Signatory May Not Compel Arbitration under NY Convention (NYC) — While FAA Permits This If State Law Allows, If the FAA Allows What the NYC Prohibits, the NYC Controls

28 U.S.C. § 1782 — Foreign Recognition, Enforcement, Attachment & Garnishment Proceedings after Merits Decided Are Not “Adjudicative” & Thus Not “Proceedings” within §1782 — No Discovery Permitted

§1927 Sanctions — Failure to Withdraw Claim Despite Letter Identifying Flaws But Later Seeking to Do So When Same Flaws Are Identified to Court in Dismissal Motion Is Unreasonable and Vexatious within §1927

Daubert: Court Properly Excluded Testimony from Expert Whose Report Was Researched, Drafted by Counsel with Only Minimally Revisions by Expert — That Process “Substantially Detracts from His Testimony’s Reliability and Usefulness” (Good Quote)

Arbitration: Denial without Prejudice of Motion to Compel Arbitration Is Reviewable under the FAA, 9 U.S.C. § 16(a)(1)(B) — Striking Such a Motion on Technical Grounds, Maybe Not

Sanctions: Dismissal for Evading Answers at Dep (“Deliberate Obtuseness”), = Lying to Avoid Giving Evidence, “Essentially Falsified Testimony” — Inherent Power, R. 37, R. 30(d): “Sanctions … Must Be Proportionate” (Good Quotes)

Class Action Fairness Act If Federal Jurisdiction Is Based Only on CAFA, Which Provides Jurisdiction Only for “Class Action[s],” Does Denial of Class Certification Divest Court of Jurisdiction? — No

Text Authentication OK Via Non-Participant Witness Who Observed Exchange of Texts and Knows Contents, Coupled with Alleged Recipient’s Acting in Accordance with Contents

Failure to File Written Objection to Magistrate Judge R&R Waives Review of Dist. Ct’s Judgment Is Not Jurisdictional & May Be Disregarded — Especially When Dist. Ct. Has Disregarded It, Too — Sanctions: Vexatious Litigant Injunction

Recent Articles

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

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