Complex Lit Blog

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

(1) Dep't of Educ. v. California, 2025 U.S. LEXIS 1370, at *1-2 (April 4, 2025): Although the Courts of Appeals generally lack appellate jurisdiction over appeals from TROs, several factors counsel in favor of construing the District Court� ...

(1) Dep’t of Educ. v. California, 2025 U.S. LEXIS 1370, at *1-2 (April 4, 2025): Although the Courts of Appeals generally lack appellate jurisdiction over appeals from TROs, several factors counsel in favor of construing the District Court’s order …

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

E&I Global Energy Servs., Inc. v. Liberty Mut. Ins. Co., 2025 U.S. App. LEXIS 7976, 2025 WL 1007290 (8th Cir. April 4, 2025): *1 E&I Global Energy Services, Inc. and E&C Global, LCC (collectively, “Plaintiffs”) sued Liberty Mutual Insurance Company (Liberty), alleging several breach-of-contract and tort claims arising from Liberty’s promise to ...

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

Puckett v. Ain-Jeem, Inc., 2025 WL 948092 (6th Cir. Feb. 11, 2025): ORDER *1 Carl Ellen Puckett, Jr., and his wife, Marcella Puckett, both proceeding pro se, appeal a district court judgment sua sponte dismissing their complaint for lack of subject-matter jurisdiction. (No. 24-5282). Axencis, Inc. conditionally cross-appeals the same judgment. (No. ...

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Kia America, Inc. v. DMO Auto Acquisitions, LLC, 2025 U.S. Dist. LEXIS 59773, 2025 WL 968786 (D.N.H. Mar. 31, 2025): *1 Plaintiff Kia America, Inc. (“Kia”) brings this action against a collection of current and former car deale ...

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

Med. Marijuana, Inc. v. Horn, 2025 U.S. LEXIS 1369, 2025 WL 978102 (U.S. Apr. 2, 2025): Barrett, J., delivered the opinion of the Court, in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined. Jackson, J., filed a ...

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Hartigan v. Hernando Cnty., 2025 U.S. App. LEXIS 6961, *1 (11th Cir. Mar. 26, 2025) (unpublished): PER CURIAM: Kim Hartigan, proceeding pro se, filed suit in federal district court against Hernand ...

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

Lowe v. Shieldmark, Inc., 2025 U.S. App. LEXIS 6763 (Fed. Cir. Mar. 24, 2025): *1 This patent case is before us following remand proceedings in the district court. The parties have raised numerous issues on appeal. We affirm the di ...

Paul Weiss Did The Right Thing

It is easy to be critical of Paul Weiss’s deal with the Trump Administration. But moral grandstanding aside, the Firm did the right thing. Clients invest months and years, and large sums of money, in their law firms. Clients lose all of that when the firm cannot act, or act effectively, for them. Yes, there is a financial side to the deal. There is also a self-preservation aspect. ...

RICO: Unsettled Whether Legal Expenses Constitute Injury to Business or Property in Ninth Circuit — Leave to Amend Must Be Granted Unless 1 or More of 5 Factors Is Present — Request for Judicial Notice of Wikipedia Articles Fails to Satisfy The Standards Fed. R. Evid. 201

Mula v. Mula, 2025 WL 869208 (9th Cir. Mar. 20, 2025) (unpublished): MEMORANDUM* *1 Plaintiff-Appellant Paul Mula Jr. (“Mula”) appeals the district court’s dismissal of his action against remaining Defendant-Appellees Alan Mula, Terry Wallace Campbell, Kristofer Biorn (“Biorn”), and the law ...

FRAP 38 Sanctions Denied Without Prejudice for Lack of Separate Motion

MEMORANDUM* Mark Steven Boyko ("Boyko") appeals a decision by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirming a bankruptcy court's nondischargeable judgment in favor of creditors August Barizon and Sara Boroumand (collectively "Appellees"). We have jurisdiction under

MEMORANDUM* Mark Steven Boyko (“Boyko”) appeals a decision by the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) affirming a bankruptcy court’s nondischargeable judgment in favor of creditors August Barizon and Sara Boroumand (collectively “Appellees”). We have jurisdiction under 28 U.S.C. …

Commercial Litigation and Arbitration

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

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Paul Weiss Did The Right Thing

RICO: Unsettled Whether Legal Expenses Constitute Injury to Business or Property in Ninth Circuit — Leave to Amend Must Be Granted Unless 1 or More of 5 Factors Is Present — Request for Judicial Notice of Wikipedia Articles Fails to Satisfy The Standards Fed. R. Evid. 201

FRAP 38 Sanctions Denied Without Prejudice for Lack of Separate Motion

Recent Posts

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

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Paul Weiss Did The Right Thing

RICO: Unsettled Whether Legal Expenses Constitute Injury to Business or Property in Ninth Circuit — Leave to Amend Must Be Granted Unless 1 or More of 5 Factors Is Present — Request for Judicial Notice of Wikipedia Articles Fails to Satisfy The Standards Fed. R. Evid. 201

FRAP 38 Sanctions Denied Without Prejudice for Lack of Separate Motion

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