Inherent Power/Rules 26, 37: Even Absent Spoliation, Evasive Discovery Action Punishable by Fee Award Calibrated Per Goodyear v. Haeger & Denial of 54(b) Costs — History, Importance of Jury Trial

Edwards v. 4JLJ, LLC, 2020 WL 5229686 (5th Cir. Sept. 2, 2020): *1 4JLJ, LLC provides oil well pump and frack services. A group of its employees sued 4JLJ under the Fair Labor Standards Act, alleging that 4JLJ violated the FLSA’s overtime wage mandates. 4JLJ paid the Employees two different types of bonuses—a stage bonus and a performance bonus—and the Employees argued that both ought to have been included in ...

Electronic Spoliation: Inherent Power—Fraud on Court Requires Clear & Convincing Evidence — Factors — Dismissal Requires Willfulness, Consideration of Less Drastic Sanctions — [No Reference to 37(e), Which Governs]

ComLab Corp. v. Tire, 815 Fed.Appx. 597 (2d Cir. 2020) (unpublished): SUMMARY ORDER Plaintiff-Appellant ComLab, Corp. (“ComLab”) brings this consolidated appeal challenging two judgments of the United States District Court for the Southern District of New York. The first appeal concerns a September 11, 2018 order of the district court (Forrest, J.) granting Defendants-Appellees Kal Tire and ...

Good Faith Reliance on Information Received from In-House Counsel, Verified After Challenge Raised, Defeats Rule 11 Sanction Sought for Misrepresenting Corporate Status

Huang v. Mediatek USA, Inc.815 Fed.Appx. 521 (Fed. Cir. 2020): This appeal arises from an action for patent infringement. Xiaohua Huang accused MediaTek USA Inc., formerly known as Nephos Inc., of infringing certain claims of

Appeals: FRAP 38 Sanctions Apt If Appeal Is Wholly without Merit, There Is No Reasonable Expectation of Success — § 1927 Sanctions If Lawyer Reasonably Should Have Known Claim Is Frivolous

 T.V.S. v. Akron City Sch. Dist. Bd. of Educ., 2020 U.S. App. LEXIS 25457 (6th Cir. Aug. 11, 2020): ¶¶ ORDER Akron City School District Board of Education, Akron City School District, and its employees David W. James, Philomena Vincente, Ann Wild, Cheryl Arnold, Holly DeLisi, and Patricia Derita (collec ...

Rule 11 Sanctions Apt Where All Claims Barred by Statute of Limitations & Res Judicata [Even Though These Are Affirmative Defenses]

 Whitted v. Jordan, 2020 U.S. App. LEXIS 24942 (9th Cir. Aug. 5, 2020) (unpublished): MEMORANDUM* Stephen Whitted appeals the adverse summary judgment ruling on his claims of intentional interference with a parent-child relationship, civil co ...

Rule 11 Sanctions Are Generally Reserved for Rare and Exceptional Cases (Good Quote)

 Eurosesmillas, S.A. v. Uttarwar, 2020 U.S. App. LEXIS 25578 (9th Cir. Aug. 10, 2020) (unpublished): MEMORANDUM*  

Bankruptcy: Presumptive Sanction for Breach of § 329(a) (Fee Agreements) Is Loss of All Fees —Not Least Severe Sanction — Rule 11 Inapt — Mitigating Circumstances Must Be Compelling

SE Prop. Holdings, LLC v. Stewart (In re Stewart), 2020 U.S. App. LEXIS 25882 (10th Cir. Aug. 14, 2020): Attorney Ruston Welch received $348,404.41 in fees for representing David and Terry Stewart in their Chapter 7 bankruptcy proceedings. This appeal arises out of his failure to disclose his fee a ...

Inherent Power Sanctions for Ethical Rule Violations: Insulting Counsel, Mediator, Court Rptr; Physical Threat — Reprimand As Serious SX — Bad Faith Needed Only for Fees — Due Process: Notice of Type, Severity of Possible SX Critical

   Golden v. Clear Advantage Mktg., 2020 U.S. Dist. LEXIS 88130,2020 WL 2516671 (S.D. Iowa Mar. 30, 2020): *1 The issues now before the court present a pure credibility dispute, although not concerning the merits of the underlying copyright and trade secrets claims, which have sett ...

Spoliation Sanctions: Preclusion for Failing to Preserve Most Data-Filled Form of ESI — Alt’ve Not Reasonably Usable — Preclusion ¹ Dispositive (MJ) If Other Evid. Exists — 2d Cir. Disc’y Sxs Factors (Pro, Con)—Client Sx’d for Atty Error

 Joint Stock Co. "Channel One Russ. Worldwide" v. Infomir LLC, 2020 U.S. Dist. LEXIS 63099 (S.D.N.Y. Mar. 26, 2020): Plaintiffs, a group of Russian television broadcasters, commenced this action on February 19, 2016 against various Defendants, [*3]  including Infomir LLC ("Infomir& ...

Facebook Authentication: FB Certification of Identity of Page Owner + Circumstantial Evidence Explaining Why S/he’d Defriend 2nd ID’ed FB Subscriber Authenticatse Defriending — Rule 901(a) Test: Could Reasonable Juror Could Find Auth. by Preponderance

State v. Sample, 2020 WL 2316709 (Md. Ct. App. May 11, 2020): *1 It is axiomatic that for a trial court to admit evidence, there must be sufficient indicia that the evidence is authentic—i.e., that the evidence “is what its proponent claims.” Md. R. 5-901(a). A party can sufficiently authenticate evidence through “[c]ircumstantial evidence, such as appearance, contents, substance, internal patterns, ...

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