Complex Lit Blog - Joseph Hage Aaronson

Court Rarely Finds Plain Error on Matters of First Impression

United States v. Cooper, 2020 U.S. App. LEXIS 13873 (7th Cir. April 30, 2020): *** On appeal, Cooper argues for the first time that he was entitled to a full, plenary resentencing hearing and that he ...

Circuit Split Elsewhere Precludes Finding of Plain Error, As Does A Lack of Binding Precedent in the Circuit

United States v. Abrams, 2020 U.S. App. LEXIS 14090 (6th Cir. May 1, 2020): *** We cannot declare an error to be "plain" "unless the error is clear under current law."

United States v. Abrams, 2020 U.S. App. LEXIS 14090 (6th Cir. May 1, 2020): *** We cannot declare an error to be "plain" "unless the error is clear under current law." United States v. Olano , 507 U.S. 725, 734, …

Attorney-Client Privilege: Crime-Fraud Exception Applies Even If Crime Or Fraud Is Only Counsel’s (Circuit Split) — Rule 11 Sanctions: Successor Counsel Not Liable for Predecessor’s Misconduct — Noerr Pennington No Defense to Discovery

Navient Sols., LLC v. Law Offices of Jeffrey Lohman, 2020 U.S. Dist. LEXIS 69846 (E.D. Va. April 20, 2020): Before the Court is defendants The Law Offices of Jeffrey Lohman's and Jeffrey Lohman's (col ...

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

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 ...

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. ...

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 …

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 bri ...

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 …

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 act ...

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 consulting firms ("Defendants"). The district court dismissed the complaint,…

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 cour ...

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 Rule 11…

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 act ...

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 ...

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 ...

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 ...

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 f ...

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 a ...

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 …

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 ...

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 …

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

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 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)…

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 im ...

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 so ...

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 ...

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 …

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 di ...

Commercial Litigation and Arbitration