Complex Lit Blog

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Boudette v. Oskerson, 2024 WL 1342613 (9th Cir. Mar. 29, 2024) (unpublished): MEMORANDUM* Plaintiff Daniel Boudette appeals from the district court’s order dismissing this case for lack of jurisdiction under

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

Behrens v. JPMorgan Chase Bank, N.A., 96 F.4th 202 (2d Cir. 2024): Five former customers (“Plaintiffs”) of Peregrine Financial Group, Inc. (“Peregrine”), the defunct futures commission merchant, appeal the dismissal of their putative class action by the United States District Court for the Southern District of New York (Broderick, J.).

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

D&T Partners, L.L.C. v. Baymark Partners Mgmt., LLC, 94 F.4th 198 (5th Cir. 2024): A group of individuals allegedly sought to steal the assets and trade secrets of an e-commerce company. They did so with shell entities, corrupt lending practices, and a fraudulent bankruptcy. The question in this case is whether the scheme, as alleged, violates the Racketeer Influenced and Co ...

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

Humana Inc. v. Biogen, Inc., 2025 WL 227530 (1st Cir. Jan. 17, 2025): *1 Humana, a major health insurance company and Medicare Part C and Part D sponsor, filed suit in the District of Massachusetts on September 24, 2021 against the drug manufacturer Biogen and a specialty pharmacy, Advanced Care Scripts, Inc. (“ACS”), alleging that each defendant engaged in ...

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

SBFO Operator No. 3 v. Onex Corp., 101 F.4th 551 (8th Cir. 2024): This appeal involves a catastrophic series of investments in the Missouri-based discount grocery chain Save-A-Lot and its independent licensee program. The Owner-Operators1 of ten licensed grocery stores and their related company, Anchor Mobile Food Markets, ...

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit): Four Categories/Types

Dvoinik v. Rolff, 2024 WL 2974475 (11th Cir. June 13, 2024): PER CURIAM: *1 Plaintiffs-Appellants Elena Dvoinik and Boris Zavadovsky, pro se, appeal the dismissal of their complaint against Defendants-Appellees Elke Rolff and Dale Webner—without prejudice and without leave to amend—as an impermissible shotgun pleading. Plaintiffs argue that t ...

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Randolph v. Best, 2024 U.S. App. LEXIS 32416 (9th Cir. Dec. 19 2024) (unpublished): Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue Randolph v. Best, 2024 U.S. App. LEXIS 32416 (9th Cir. Dec. 19 2024) (unpublished): MEMORANDUM* < ...

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

Bearbox LLC v. Lancium LLC, 2025 U.S. App. LEXIS 624 (Fed. Cir. Jan. 13, 2025): Lancium allegedly stole Austin Storms' thunder and patented it. This case centers around a conversation over cocktails and dinner at a Bitcoin mining conference, a foll ...

Bearbox LLC v. Lancium LLC, 2025 U.S. App. LEXIS 624 (Fed. Cir. Jan. 13, 2025): Lancium allegedly stole Austin Storms’ thunder and patented it. This case centers around a conversation over cocktails and dinner at a Bitcoin mining conference,…

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

ORDER AND JUDGMENT* Samuel Lopez, proceeding pro se,1 appeals the district court's order dismissing his various claims against Compa Industries, Inc., several of Compa's officers and directors, and Stratify, LLC. Because we agree with the district court that Lope ...

ORDER AND JUDGMENT* Samuel Lopez, proceeding pro se,1 appeals the district court’s order dismissing his various claims against Compa Industries, Inc., several of Compa’s officers and directors, and Stratify, LLC. Because we agree with the district court…

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

Fenner v. GM, LLC, 113 F.4th 585 (6th Cir. 2024):

Fenner v. GM, LLC, 113 F.4th 585 (6th Cir. 2024): MOORE, J., delivered the opinion of the court in which BLOOMEKATZ, J., joined in full. KETHLEDGE, J. , delivered a separate opinion concurring in the judgment in…

Commercial Litigation and Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit): Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

Recent Posts

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit): Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

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