Can You Sue A Dead Person? No. — An Estate? No. — Can You Substitute for A Wrongly-Named Dead Person? Maybe — Dead Person Has No Citizenship, No Stake in Outcome (Case Or Controversy Implications)
LN Mgmt., LLC v. JPMorgan Chase Bank, N.A., 2020 U.S. App. LEXIS 13216 (9th Cir. April 24, 2020):
There are a number of ways to accomplish litigation regarding interests once held by a dead person. One can institute or join probate proceedings, for instance, or sue the executor of an estate in cou ...
Rule 11 Sanctions — Lack of Merit Not Enough — Must Be So Plainly Unmeritorious As to Warrant Sanction (Good Quote)
Zell v. Ricci, 2020 U.S. App. LEXIS 12573 (1st Cir. April 20, 2020):
High school is not without its unique challenges, this much [*2] we know; we also know that the same can be said for bringing a civil lawsuit and navigating the rigors associated with contentious litigation. Each of thes ...
Appeals: Not Circuit’s Role to Sift Through Record to Find Uncited Evidence (44-vols., 8,410-pp.) — Motion to Seal OK to Ensure Court Records Not Used for Improper Purpose, Including Scandalizing or Libeling for the Press
Snyder v. Acord Corp., 2020 U.S. App. LEXIS 12889 (10th ORDER AND JUDGMENT*
Seventeen Colorado homeowners ("Plaintiffs") brought an action raising federal-and state-law claims against insurance companies, trade associations, and consul ...
Rule 11 Sanctions — Timeliness — Motion for Frivolous Factual Claim in Complaint Often Appropriately Filed, Decided at Summary Judgment Stage
Estrada v. FTS United States, LLC, 2020 U.S. App. LEXIS 12543 (11th Cir. April 20, 2020) (unpublished):
PER CURIAM:
Jamie Zidell, Esq., and J.H. Zidell, P.A., appeal from the district court's orders requiring them to pay $60,000 in
RICO: Federal Courts Have Never Construed RICO’s Attorney’s Fees Provision As Barring Prevailing Defendant from Recovering Fees Authorized Elsewhere — State Fees Statute Not Preempted Where Most Claims Arise under State Law
Snyder v. Acord Corp., 2020 U.S. App. LEXIS 12889 (10th ORDER AND JUDGMENT*
Seventeen Colorado homeowners ("Plaintiffs") brought an action raising federal-and state-law claims against insurance companies, trade associations, and consul ...
Inherent Power Sanctions — Negligence for Missing Court Date OK — Court Should Hear from Before Sanctioning — Lack of Due Process If Rule Provides Only That Sanction “May” Be Imposed But No Criteria Are Given Or Known
Pimentel-Soto, 2020 U.S. App. LEXIS 13101 (1st Cir. April 23, 2020) (Kayatta, J.):
Attorney Kendys Pimentel-Soto appeals from the district court's order sanctioning her for failing to appear at a status conference. For the reasons that follow, we reverse the issuance of the sanction.
I< ...
Splitting Cause of Action: Entire Controversy Doctrine (NJ Factors) — Equitable Exception for Claims Unknown, Unaccrued Or Unable to Be Brought — State Law Res Judicata / Collateral Estoppel Rules Apply in Diversity Cases
Casser v. Twp. of Knowlton, 2020 U.S. App. LEXIS 6675 (3d Cir. Mar. 3, 2020) (unpublished):
Pro se Plaintiff Claudia Casser appeals from the order of the United States District Court for the District of New Jersey granting the motion to [*2] dismiss filed by Defendants Township of Know ...
Diversity Jurisdiction: Trustee of Deed of Trust May Be Nominal Def., Citizenship Ignored — Res Judicata, Aff’ve Def., OK on 12(b)(6) If Clear from Complaint, Judicially Noticed Facts — Sanctions: FRAP 38/IHP OSC for Twice-Sanctioned Pro Se
Anderson v. Wells Fargo Bank, N.A., 2020 U.S. App. LEXIS 7865 (5th Cir. Mar. 12, 2020):
Pro se plaintiff-appellant Eva Anderson has sued various combinations of the present defendant-appellees and their predecessors-in-interest no fewer than six times, alleging first that ...
FRAP 38, Inherent Power, § 1927 Sanctions Denied to Victorious Appellees (Defendants): “‘Unpersuasive Arguments’ Are Not Synonymous with ‘Bad Faith’” (Good Quote)
Vielma v. Gruler, 2020 WL 1672778 (11th Cir. April 6, 2020) (unpublished):
PER CURIAM:
*1 On June 12, 2016, a lone shooter, Omar Mateen, entered the Pulse nightclub in Orlando, Florida, armed with a semi-automatic rifle and a semi-automatic pistol. He ultimately shot numerous patrons in the club, killing forty-nine people and injuring fifty-three others. The police eventually entered the club, shooting and killing Mateen. Ass ...
Even Though R. 41(d)(2) Provides Only for a Stay of Proceedings until Plaintiff Pays Costs of Prior, Voluntarily Dismissed Action, 2nd Case May Be Dismissed for Want of Prosecution Or under R. 41(b) If Costs Not Paid Per Order
ORDER
Tsukerman v. W. Cmty. Unit Sch. Dist. No. 12, 2020 U.S. App. LEXIS 6881 (7th Cir. Mar. 5, 2020) (unpublished):
A year after voluntarily dismissing a discrimination case against his former employer, Mikhail Tsukerman, a Jewish man in his fifties and a former high school ...
Spoliation: Another Circuit (D.C.) Questions, in Dicta, Whether The Doctrine of Spoliation Applies in Criminal Cases
In re Baluchi, 2020 U.S. App. LEXIS 8064 (D.C. Cir. Mar. 13, 2020):
Guantanamo detainee Ammar al Baluchi is one of five co-defendants facing capital charges related to the planning of the September 11 attacks. Al Baluchi alleges that prior to his transfer to Guantanamo Bay and his prosecution befo ...
Sanctions: Tangible Spoliation Requires Bad Faith — Eighth Circuit Has Still Never Applied Doctrine of Spoliation in Criminal Case
United States v. Warren, 2020 U.S. App. LEXIS 6901 (8th Cir. Mar. 5, 2020):
A jury found Bruce Zachary Pugh and Darren Lamont Warren guilty of conspiracy to distribute cocaine base, in violation of
Inherent Power Sanctions: Disbarment Appropriate for Intentional Dishonesty, Fraud, Deceit or Misrepresentation — Failure to Provide Requested Financial Info Justifies Court’s Not Exploring Lesser, Financial Sanctions
In re Ray, 2020 U.S. App. LEXIS 6710 (5th Cir. Mar. 3, 2020):
Attorney Ryan Eugene Ray appeals his permanent disbarment from the U.S. District Court for the Northern District of Texas. The district court imposed this sanction after determining that Ray engaged in fraudulent and other misconduct in a wrong ...
Sanctions Award Limited to Compensation — 37(e) Spoliation Award Reduced by Amount of Fees for Anticipated Deposition That Never Occurred
Spencer v. Lunada Bay Boys, 2020 WL 1490922 (9th Cir. 2020) (unpublished):
MEMORANDUM*
Cory Spencer, Diana Reed, and the Coastal Protection Rangers (CPR) appeal the district court’s grant of summary judgment in favor of City of Palos Verdes Estates and its former police chief. We affirm in part, reverse in part, and remand solely for the court to reduce the sanctions award against Brant Blakeman.
1. Spencer a ...
Sanctions: Clearly Time-Barred Claim Violates Both R. 11 & §1927 — Appeals: Clock Starts When Claims & Sanctions Decided — Not Restarted by Motion for Fees on Fees — No FRAP 38 without Separate Motion
Faulkner v. Shelby Cty. Sch. Sys., 2020 U.S. App. LEXIS 8008 (6th Cir. Mar. 12, 2020) (unpublished):
These appeals are less complicated than the caption implies. The Shelby County, Tennessee School System terminated its contract with Katoria Williams in December 2013, and Williams sued the school ...
Sanctions: No Appellate Jurisdiction Until Amount of Sanction Is Set — No Final Order Exists Until Then
Sanctions: No Appellate Jurisdiction Until Amount of Sanction Is Set United States v. Carter, 2019 WL 8231644 (10th Cir. Dec. 5, 2019):
ORDER *1 Appellants in these related appeals are Assistant United States Attorneys (AUSAs) working in the District of Kansas. Following receipt of their docketing statements and review of the district order the AUSAs seek to appeal, this court entered a jurisdictional show cause order, directi ...
Sanctions: Rule 11 Requires Substantiation, §1927 Bars Waste of Judicial Resources, Multiplication of Proceedings & Causing Unfair Delay, Inherent Power Bars Pursuing Claim to Harass — Persisting in Arg in Face of Contrary Reg & Case Law Violates All 3
Collar v. Abalux, Inc., 2020 U.S. App. LEXIS 9967, 2020 WL 1528072 (11th Cir. March 31, 2020) (unpublished):
PER CURIAM:
*1 K. David Kelly, an attorney, appeals a sanction against him and his law firm, J.H. Zidell, P.A., for misconduct while representing Jesus Collar, in an actio ...
Procedural Due Process Requires Notice of Grounds For, And Potential Types Of, Sanctions — Abuse of Discretion to Impose Inherent Power Sanction Requiring Warning Paragraph On First Page Of Complaint Without Notice
Malem Med., Ltd. v. Theos Med. Sys., Inc., 2020 WL 1028062 (9th Cir. Mar. 3, 2020) (unpublished):
MEMORANDUM**
*1 Appellants Theos Medical Systems, Inc. and Saket Bhatia (collectively “Theos”) appeal the district court’s order requiring Theos to include a warning paragraph in the complaint it plans to file with the Food and Drug Administrat ...
Party’s Social Media Account = 801(d)(2) Admission If Authenticated — Evidence That Account Holder Used Name Based on Party’s & Sent Messages to Party’s Friend, Plus Photos of Party on Page, Suffice
State v. Durr, 2020 Ariz. App. Unpub. LEXIS 127 (Ariz. Ct. App. Feb. 6, 2020) (unpublished):P1 Devar Antonio Durr appeals from his convictions and sentences for armed robbery, kidnapping, aggravated assault, and first-degree burglary. Durr contends that the superior court erred by not ordering severance, by admitting ...
While Statute of Limitations May Be Raised on 12(b)(6), Complaint Needn’t Plead Around It — Burden on Def. — Rule 3.7 Disqualification (Advocate-Witness) Generally Triggered by Jury — Issue Is Trial Taint, Necessity of Testimony — Rule Violation
Hirsch v. Rehs Galleries, 2020 U.S. Dist. LEXIS 32926 (S.D.N.Y. Feb. 26, 2020):
Plaintiff Steven Hirsch ("Plaintiff") brings this action against Defendant Rehs Galleries, Inc. ("Defendant"), asserting claims under the Copyright Act,
