Complex Lit Blog

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

Thomas v. Bartholomew, 2025 U.S. App. LEXIS 9696, 2025 WL 1179583 (11th Cir. April 23, 2025): PER CURIAM: Appellant Derek Thomas was living in a house that his deceased mother had rented. When he missed a rent payment, the landlor ...

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

Cunningham v. Cornell Univ., 2025 U.S. LEXIS 1458 (U.S. April 17, 2025): The Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended,

Cunningham v. Cornell Univ., 2025 U.S. LEXIS 1458 (U.S. April 17, 2025): The Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. §1001 et seq ., prohibits ERISA plan fiduciaries …

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

Gilmore-Bey v. Meltser, 2025 U.S. App. LEXIS 7319 (6th Cir. Mar. 28, 2025) (unpublished): ORDER ...

Gilmore-Bey v. Meltser, 2025 U.S. App. LEXIS 7319 (6th Cir. Mar. 28, 2025) (unpublished): ORDER Pro se Michigan plaintiff Nintu Xi Gilmore-Bey appeals the district court’s judgment dismissing her employment-discrimination and defamation complaint under Federal Rule of Civil Procedure 12(b)(6)…

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

Aim Immunotech, Inc. v. Tudor, 2025 U.S. App. LEXIS 7566 (11th Cir. April 1, 2025) (unpublished): PER CURIAM: Plaintiff-Appellant AIM Immunotech, Inc. (AIM) appeals the dismissal of its Amended Complaint against Defendants-Appellees Franz

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

Saninocencio v. Pierce & Mandell, P.C., 2025 U.S. App. LEXIS 8100 (1st Cir. Mar. 31, 2025) (unpublished): JUDGMENT Gary Dolan ("Dolan"), an attorney, appeals from the district court's entry of a January 14, 2022 ...

Saninocencio v. Pierce & Mandell, P.C., 2025 U.S. App. LEXIS 8100 (1st Cir. Mar. 31, 2025) (unpublished): JUDGMENT Gary Dolan (“Dolan”), an attorney, appeals from the district court’s entry of a January 14, 2022 order on sanctions that, inter alia…

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 ...

Commercial Litigation and Arbitration

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

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

Recent Posts

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

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

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