“Claim Splitting Is The Same As Res Judicata But With A Presumption Of A Final Judgment Instead Of An Actual Final Judgment” — No Rule 11 or Section 1927 Sanctions Where Law Complex (Does Denial Of A Motion For Leave To Amend A Complaint Constitute A Final Judgment On The Merits?) And Prior Decision Allowed Suit to Proceed
- Joseph Hage Aaronson
- March 6, 2021
- Complex Lit Blog
Church Joint Venture, L.P. v. Blasingame, 817 Fed.Appx. 142 (6th Cir. 2020):
This appeal is the latest installment in the decade-long saga of the Blasingame family bankruptcy, which has involved two proceedings in the bankruptcy courts, two proceedings in the district court, an appeal to the Bankruptcy Appellate Panel, and two appeals to the Sixth Circuit. The Blasingames filed for bankruptcy in 2008. Church Joint Venture, a creditor in the original bankruptcy action, purchased all of ...
Rule 37: Dismissal “Is A Drastic Remedy That Should Be Imposed Only In Extreme Circumstances, Usually After Consideration Of Alternative, Less Drastic Sanctions” (2d Circuit)
- Joseph Hage Aaronson
- March 6, 2021
- Complex Lit Blog
Emamian v. Rockefeller Univ., 2020 U.S. App. LEXIS 26788 (2d Cir. Aug. 19, 2020) (unpublished):
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Plaintiff-App ...
Mere Lack of Merit Not Enough – R. 11 Not Substitute for 12(b)(6)/56 — Court Needs Evidence Outside Complaint to Determine Factual Baselessness — Failure of Complaint to Put Defendant on Notice Not R 11 Violation — Forum Shopping/Improper Venue Not Enough for Dismissal, Just $
- Joseph Hage Aaronson
- March 6, 2021
- Complex Lit Blog
James v. Caterpillar, Inc., 2020 U.S. App. LEXIS 26593 (6th Cir. Aug. 20, 2020) (unpublished):
Courts typically reserve the "death penalty" sanction of dismissal with prejudice for the mo ...
R 37/Inherent Power (IHP): Decision Not to Sanction Reviewed for Abuse of Discretion — Clear and Convincing Evid for IHP — Rules 26/37 Primary Tools for Discovery Abuse, Not IHP — Fraud on Court: Judge May Leave Credibility Issue to Jury, Deny Sanction
- Joseph Hage Aaronson
- March 4, 2021
- Complex Lit Blog
Yukos Capital S.A.R.L. v. Feldman, 2020 U.S. App. LEXIS 31909, 2020 WL 5948910 (2d Cir. Oct. 8, 2020):*1 This is a case about a disloyal employee, Daniel Feldman, the Defendant.
“Summary Judgment Is the Put Up or Shut Up Moment in a Lawsuit”
- Joseph Hage Aaronson
- March 4, 2021
- Complex Lit Blog
In re Delta Phones, Inc., 2005 WL 3542667 (N.D. Ill. Dec. 23, 2005):
Summary judgment is the “put up or shut up moment in a lawsuit, when a party must show what evidence it has that would convince a trier of fact to accept its version of events.”
...
R. 11 Sanctions: Dismissal with Prejudice and Attorney’s Fees for Pro Ses’ Persisting in Frivolous Venue and Service Arguments Despite Warnings from Court — No Protection from 41(b)
- Joseph Hage Aaronson
- September 12, 2020
- Complex Lit Blog
Khan v. Hemosphere Inc., 2020 U.S. App. LEXIS 25726 (Fed. Cir. Aug. 13, 2020):
These appeals arise from an action for patent infringement. Drs. Nazir Khan and Iftikhar Khan accused Hemosphere Inc., CryoLife Inc., and Merit Medical Systems, Inc., along with over 300 hospitals and individual physic ...
R. 37 & Inherent Power (IHP) Sanctions: Permissive Adverse Inference OK Not Disclosing Witness After Reliance on Wit. Required (26(a)(1), (e)) —Plain Error Rare in Civil Case — IHP: Narrow Exception to Bad Faith Requirement
- Joseph Hage Aaronson
- September 11, 2020
- Complex Lit Blog
Higgs v. Costa Crociere S.P.A. Co., 2020 U.S. App. LEXIS 25793 (11th Cir. Aug. 14, 2020):
On Christmas Eve, 2014, Joyce Higgs tripped over a bucket in a dining area of the cruise ship Costa Luminosa and sustained serious injuries to her left shoulder. She sued the cruise company, defendant ...
Rule 37 Sanctions: Until Amount of Attorney’s Fees Is Set, No Final Order Or Appellate Jurisdiction Exists, Even If Fee Award Is Only One Part of Larger Award, Including Default Judgment and Dismissal of Counterclaims
- Joseph Hage Aaronson
- September 10, 2020
- Complex Lit Blog
People for the Ethical Treatment of Animals, Inc. v. Dade City's Wild Things, Inc., 2020 U.S. App. LEXIS 26042 (11th Cir. Aug. 17, 2020):
BY THE COURT:
The People for the Ethical Treatment of Animals, Inc.'s ("PETA") motion to dismiss this appeal for lack of jurisdiction is GRANTE ...
Common Core Doctrine: Fees Awardable for Claims Involving Common Facts Or Related Legal Theories, Even If Only One Triggers Fee-Shifting — Noncompliance with Bankruptcy Court Order Sanctionable via Striking Pleading on Analogy to Rule 37(b)
- Joseph Hage Aaronson
- September 9, 2020
- Complex Lit Blog
Ridgeway v. Stryker Corp. (Matter of Ridgeway), 2020 WL 5226553 (5th Cir. Sept. 2, 2020):
*1 For the last seven years, Christopher Martin Ridgeway and his former employer have waged scorched-earth lawfare against one another. Ridgeway has lost every battle and incurred millions of dollars in damages, sanctions, and attorney’s fees along the way. In this appeal, Ridgeway asks us to void one part of his li ...
R. 11 Sanctions: Due Process—Flexible Notice, Substantial Compliance — OK to Issue OSC in 1 of 15 Cases & Dismiss All — Prisoner’s Knowledge of Own Conduct = Notice — Order Must State Specific Basis of Sxs — Types of Vexatious Lit Injn
- Joseph Hage Aaronson
- September 8, 2020
- Complex Lit Blog
Cobble v. U.S. Government, 816 Fed.Appx. 355 (11th Cir. 2020) (unpublished):
PER CURIAM:
In these consolidated appeals, Petitioner/Appellant Daniel Cobble1 (“Cobble”) appeals the district court’s order dismissing with prejudice, as a sanction, his pro se actions, filed pursuant to
