Rule 11: Court Can’t Compel Party to Make Settlement Offer — Any Settlement Void — Denial of SJ Motion = Not Frivolous — Failure to Settle Not Sanctionable — Generally No Improper Purpose Sanction If Position Grounded in Fact, Law
- Joseph Hage Aaronson
- May 7, 2020
- Complex Lit Blog
Tejero v. Portfolio Recovery Assocs., L.L.C., 2020 U.S. App. LEXIS 10711Luis Tejero sued Portfolio Recovery Associates, L.L.C. under the federal Fair Debt Collection Practices Act and a parallel state law. The parties eventually reached a settlement that forgave Tejero's debt and awarded him $1,000 in damages. As ...
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)
- Joseph Hage Aaronson
- May 6, 2020
- Complex Lit Blog
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)
- Joseph Hage Aaronson
- May 5, 2020
- Complex Lit Blog
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
- Joseph Hage Aaronson
- May 4, 2020
- Complex Lit Blog
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
- Joseph Hage Aaronson
- May 3, 2020
- Complex Lit Blog
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 LEXIS 12543 (11th Cir. April 20, 2020) (unpublished):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
- Joseph Hage Aaronson
- May 2, 2020
- Complex Lit Blog
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
- Joseph Hage Aaronson
- May 1, 2020
- Complex Lit Blog
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
- Joseph Hage Aaronson
- April 11, 2020
- Complex Lit Blog
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
- Joseph Hage Aaronson
- April 10, 2020
- Complex Lit Blog
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)
- Joseph Hage Aaronson
- April 9, 2020
- Complex Lit Blog
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 ...
