Complex Lit Blog

Rule 38 Sanctions — Timeliness — Motion Must Be Filed within Time Allotted for Attorney’s Fees Application by Local Circuit Rule (9th Cir.) — If Double Costs Sought, Bill of Costs Must Be Timely Filed under FRAP and Circuit Rule

In re Westwood Plaza N., 2018 U.S. App. Lexis 11176 (May 1, 2018) (amended opinion): PER CURIAM: The court’s October 11, 2017 order dismissed in part this appeal for lack of jurisdiction, and summarily affirmed in part the district court’s post-judgment orders. Now before the court is appellees’ motion for an award of san ...

Inherent Power Sanctions: Fee Award That “Approximated a Reasonable Rate for the Time Spent in Defending” Bad Faith Litigation Satisfies Goodyear’s Mandate That Award Can’t Exceed Actual Cost Imposed by Misconduct

Regions Bank v. Gateway Hous. Found., 2018 U.S. App. LEXIS 10991 (6th Cir. Apr. 30, 2018): Gateway Housing Foundation and Terry McNellis appeal the district court's award of sanctions to R ...

Regions Bank v. Gateway Hous. Found., 2018 U.S. App. LEXIS 10991 (6th Cir. Apr. 30, 2018): Gateway Housing Foundation and Terry McNellis appeal the district court's award of sanctions to Regions Bank. All agree that the award should be…

Hearsay: Texts Defining Scope/Terms of Conspiracy = Verbal Acts That Can Form the Requisite Non-Hearsay Evidence of Conspiracy Needed to Trigger the Exception for Other, Hearsay Texts of Conspirators

State v. Bollig, 2018 Kan. App. Unpub. LEXIS 312 (Kan. Ct. App. Apr. 27, 2018): A jury in Trego County District Court convicted Defendant Scott Robert Bollig of conspiracy to commit first-degree mu ...

State v. Bollig, 2018 Kan. App. Unpub. LEXIS 312 (Kan. Ct. App. Apr. 27, 2018): A jury in Trego County District Court convicted Defendant Scott Robert Bollig of conspiracy to commit first-degree murder for his principal role in a …

Vexatious Litigant: 3 Suits for Same Grievance, Alone, Enough — Finding Claims Colorable for In Forma Pauperis Status Doesn’t Bar Later Sanctions — Appeals: Denial of Rule 59 Motion Unappealable, Court Treats Notice as Appeal of Underlying Order

Mitchell v. Taylor, 2018 U.S. App. LEXIS 9651 (6th Cir. Apr. 16, 2018) (unpublished): Dwight Mitchell, a pro se litigant, appeals the district court's order granting in part and denying in ...

Mitchell v. Taylor, 2018 U.S. App. LEXIS 9651 (6th Cir. Apr. 16, 2018) (unpublished): Dwight Mitchell, a pro se litigant, appeals the district court's order granting in part and denying in part the motion of Guardian Home Care Holdings,…

Removal: Unserved Forum Defendant May Not Remove Diversity Action (Case Law Split — See Our Post of January 8, 2017)

Higgins v. City of Savannah, 2018 U.S. Dist. LEXIS 21045, 2018 WL 777164 (S.D. Ga. Feb. 8, 2018): ORDER Pro se plaintiff Janet Higgins fell and was injured while crossing River Street in Savannah, Georgia. Doc. 1-2 at 12, ¶ 12. She contends that the City of Savannah and various individual defen ...

Higgins v. City of Savannah, 2018 U.S. Dist. LEXIS 21045, 2018 WL 777164 (S.D. Ga. Feb. 8, 2018): ORDER Pro se plaintiff Janet Higgins fell and was injured while crossing River Street in Savannah, Georgia. Doc. 1-2 at 12, ¶…

Inherent Power: Bankruptcy Court Power to Sanction for Violation of Order Entered under Title 11 Unaffected by Stern v. Marshall — Due Process: Hearing Required Where Factual Issue Exists As to Whether Misrepresentation Was Made

In re Reed (Critique Servs., LLC v. Reed), 2018 WL 1939732 (8th Cir. Apr. 25, 2018): *1 The bankruptcy court1 sanctioned Ross H. Briggs for contempt of an order and for misleading the court. The district court2< ...

Supreme Court: Foreign Corporations Are Not Subject to Liability under the Alien Tort Statute

Jesner v. Arab Bank, 2018 U.S. LEXIS 2631 (U.S. Apr. 24, 2018) (Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-B-1, and II-C, in which Robert ...

Jesner v. Arab Bank, 2018 U.S. LEXIS 2631 (U.S. Apr. 24, 2018) (Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-B-1, and II-C, in which Roberts, C.…

Hearsay: Texts Admissible under Coconspirator Exemption (801(d)(2)(E)) If Court Finds It Probable Declarant & Party Were Members of Conspiracy & Text Furthered It — Adoptive Admission of Third Party Texts by One Conspirator

United States v. Brown, 2018 U.S. Dist. LEXIS 67239 (D. R.I. Apr. 18, 2018): Before the Court are a series of pretrial motions filed by both the government and the defendant Devon Brown. The g ...

United States v. Brown, 2018 U.S. Dist. LEXIS 67239 (D. R.I. Apr. 18, 2018): Before the Court are a series of pretrial motions filed by both the government and the defendant Devon Brown. The government has charged Mr. Brown…

Rule 11: Bad Faith If Atty Knowingly or Recklessly Raises Frivolous Argument, Argues Meritorious Claim to Harass, Delays or Disrupts Case or Hampers Enforcement of Order — Meaning of Abuse of Discretion (11th Cir.)

Jackson v. Jackson (In re Jackson), 2018 U.S. App. LEXIS 9804, 2018 WL 1791991 (11th Cir. Apr. 16, 2018) (unpublished): PER CURIAM: In this consolidated appeal, Matthew and Velma Jacks ...

Jackson v. Jackson (In re Jackson), 2018 U.S. App. LEXIS 9804, 2018 WL 1791991 (11th Cir. Apr. 16, 2018) (unpublished): PER CURIAM: In this consolidated appeal, Matthew and Velma Jackson, Pennsylvania attorneys proceeding pro se, challenge several orders…

RICO: Racketeering Activity Leading to Loss of Work Comp Benefits ≠ Injury to Business or Property — While Professional Medical Provider’s Loss of Reimbursement Constitutes Injury, Romantic Partner’s Loss Does Not

Gucwa v. Lawley, 2018 U.S. App. LEXIS 9428 (6th Cir. Apr. 16, 2018): This is an appeal from the district court's dismissal of Mark Marusza's and Nancy Gucwa's complaint, which alle ...

Gucwa v. Lawley, 2018 U.S. App. LEXIS 9428 (6th Cir. Apr. 16, 2018): This is an appeal from the district court's dismissal of Mark Marusza's and Nancy Gucwa's complaint, which alleged four causes of action. Marusza suffered a serious …

Commercial Litigation and Arbitration

Rule 38 Sanctions — Timeliness — Motion Must Be Filed within Time Allotted for Attorney’s Fees Application by Local Circuit Rule (9th Cir.) — If Double Costs Sought, Bill of Costs Must Be Timely Filed under FRAP and Circuit Rule

Inherent Power Sanctions: Fee Award That “Approximated a Reasonable Rate for the Time Spent in Defending” Bad Faith Litigation Satisfies Goodyear’s Mandate That Award Can’t Exceed Actual Cost Imposed by Misconduct

Hearsay: Texts Defining Scope/Terms of Conspiracy = Verbal Acts That Can Form the Requisite Non-Hearsay Evidence of Conspiracy Needed to Trigger the Exception for Other, Hearsay Texts of Conspirators

Vexatious Litigant: 3 Suits for Same Grievance, Alone, Enough — Finding Claims Colorable for In Forma Pauperis Status Doesn’t Bar Later Sanctions — Appeals: Denial of Rule 59 Motion Unappealable, Court Treats Notice as Appeal of Underlying Order

Removal: Unserved Forum Defendant May Not Remove Diversity Action (Case Law Split — See Our Post of January 8, 2017)

Inherent Power: Bankruptcy Court Power to Sanction for Violation of Order Entered under Title 11 Unaffected by Stern v. Marshall — Due Process: Hearing Required Where Factual Issue Exists As to Whether Misrepresentation Was Made

Supreme Court: Foreign Corporations Are Not Subject to Liability under the Alien Tort Statute

Hearsay: Texts Admissible under Coconspirator Exemption (801(d)(2)(E)) If Court Finds It Probable Declarant & Party Were Members of Conspiracy & Text Furthered It — Adoptive Admission of Third Party Texts by One Conspirator

Rule 11: Bad Faith If Atty Knowingly or Recklessly Raises Frivolous Argument, Argues Meritorious Claim to Harass, Delays or Disrupts Case or Hampers Enforcement of Order — Meaning of Abuse of Discretion (11th Cir.)

RICO: Racketeering Activity Leading to Loss of Work Comp Benefits ≠ Injury to Business or Property — While Professional Medical Provider’s Loss of Reimbursement Constitutes Injury, Romantic Partner’s Loss Does Not

Recent Posts

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

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