Complex Lit Blog

RICO: Perjury, Obstruction, Evidence Tampering Are Predicates Only If in Connection with Federal Proceedings — State Prisoner Can’t Pursue §1983 Action If Win Would Imply Invalidity of Conviction (Heck Bar)

Pro se Plaintiff John Garrett Smith, an inmate at Stafford Creek Corrections Center in Washington, filed this action against Defendant Sandra Aldridge claiming violations of the Racketeer Influenced and Corrupt Organizations Act, the Americans with Disabilities Act, and the Computer Fraud and Abuse Act. Defendant moves to dismiss this case for failure to state a ...

Supreme Court: FRCP 42(a): Judgment Entered in Each of Consolidated Cases Is Immediately Appealable — Neither Congress Nor Advisory Committee Alters “the Fundamental Details of an Existing Scheme with Vague Terms and Subtle Devices” (Good Quote)

Hall v. Hall, 138 S.Ct. 1118 (2018): Three Terms ago, we held [**6] that one of multiple cases consolidated for multidistrict litigation under 28 U. S. C. §1407 is immediate ...

Hall v. Hall, 138 S.Ct. 1118 (2018): Three Terms ago, we held [**6] that one of multiple cases consolidated for multidistrict litigation under 28 U. S. C. §1407 is immediately appealable upon an order disposing of that case, regardless of…

Rule 45: Is a Subpoena Issued to a Non-Party Government Agency Subject to Review under the Administrative Procedure Act or Rules 45 and 26? — Circuit Split

Quiles v. Union Pac. R.R. Co., 2018 U.S. Dist. LEXIS 19244 (D. Neb. Feb. 6, 2018): This matter is before the Court on the United States' Motion to Quash Subpoenas (Filing No. 104). Upon consideration, the ...

Neither Rule 11 Sanctions Nor Separate Referral to Disciplinary Committee May Be Certified for Appeal under Rule 54(b) Because They Are Not Claims for Relief (1292(b) Possible; Not Collateral Order; Markwell Highly Unlikely)

Nogess v. Poydras Ctr., LLC, 2018 WL 1614216 (5th Cir. Apr. 3, 2018): *1 This is an appeal of an order of sanctions under Rule 11 and a referral of attorney conduct to a lawyers’ disciplinary committee with findings of misco ...

Nogess v. Poydras Ctr., LLC, 2018 WL 1614216 (5th Cir. Apr. 3, 2018): *1 This is an appeal of an order of sanctions under Rule 11 and a referral of attorney conduct to a lawyers’ disciplinary committee with findings of …

Forum Selection Clauses: In Diversity Case, Federal Law Determines Enforceability, But Forum State’s Choice of Law Rules Determine Which State’s Substantive Law Governs Interpretation

Blue Racer Midstream, LLC v. Kelchner, Inc., 2018 U.S. Dist. LEXIS 27911, 2018 WL 993781 (N.D. Tex. Feb. 21, 2018): Before the Court is Defendant Kelchner, Inc.'s Motion to Transfer Venue ...

Blue Racer Midstream, LLC v. Kelchner, Inc., 2018 U.S. Dist. LEXIS 27911, 2018 WL 993781 (N.D. Tex. Feb. 21, 2018): Before the Court is Defendant Kelchner, Inc.'s Motion to Transfer Venue (Doc. No. 27). After carefully considering the motion,…

Privilege/Work Product — Public Relations Firm: Absent Privilege Log or In Camera Review, Ruling Unappealable — Waiver by Failure to Log — Party Still Bears Burden of Proving Privilege Even If Documents Held by Third Party

Tex. Brine Co., LLC v. Occidental Chem. Corp., 2018 U.S. App. LEXIS 1286 (5th Cir. Jan. 19, 2018): I. Defendant Texas Brine Company, LLC (Texas Brine) operates brine wells on land owned ...

Tex. Brine Co., LLC v. Occidental Chem. Corp., 2018 U.S. App. LEXIS 1286 (5th Cir. Jan. 19, 2018): I. Defendant Texas Brine Company, LLC (Texas Brine) operates brine wells on land owned by Co-Defendant Occidental Chemical Corporation (Oxy) in…

RICO: Rimless Hub & Spoke Enterprise Not Enough, Rimmed OK — If Defendants Band Together to Commit Violations They Can’t Achieve Alone, Associated-in-Fact Enter. Stated — Rule 16(b) vs. 15(a) for Complaint Amendment

Sheet Metal Workers Local No. 20 Welfare & Benefit Fund v. CVS Pharmacy, Inc., 2018 WL 1631300 (D. R.I. Mar. 31, 2018): Presently before the Court is Plaintiffs’ Motion for Leave to File First Amended Complaint (ECF No. 56), in which they ask permission to update their story about alleged fraud spearheaded by Defendant CVS Pharmacy, ...

Judicial Notice of Internet Evidence — Google Maps: Distances May Be Judicially Noticed, But Are Estimated Travel Times Hearsay?

Guzman v. Mel S. Harris & Assocs., 2018 U.S. Dist. LEXIS 49622 (S.D.N.Y. Mar. 22, 2018): 9 Plaintiff cites Google Maps webpages that show the distances bet ...

Guzman v. Mel S. Harris & Assocs., 2018 U.S. Dist. LEXIS 49622 (S.D.N.Y. Mar. 22, 2018): 9 Plaintiff cites Google Maps webpages that show the distances between locations listed, of which courts may take judicial notice. See In re …

Text Authentication: Two Recipients Had Programmed Sender’s Name/No. into Their Cells & Shared with Each Other Identical Texts He Sent, One Then Conversed by Text with Him — Party’s Texts=Admissions — 403 If Improper Basis for Verdict Suggested

State v. Lopez, 2018 Ariz. App. Unpub. LEXIS 445 (Ariz. Ct. App. Mar. 22, 2018): P1 Macario Lopez appeals his convictions and sentences for first-degree murder and burglary in the first degree. For the following reasons, we affirm. BACKGROUND1

State v. Lopez, 2018 Ariz. App. Unpub. LEXIS 445 (Ariz. Ct. App. Mar. 22, 2018): P1 Macario Lopez appeals his convictions and sentences for first-degree murder and burglary in the first degree. For the following reasons, we affirm. BACKGROUND…

RICO Extraterritoriality — While Injury Involving Tangible Property Is Suffered at Location of Property (2d Cir.), Injury Involving Intangible Property Is Suffered at Residence of Plaintiff (7th Cir.)

Armada Sing. PTE v. Amcol Int'l Corp., 2018 U.S. App. LEXIS 7537 (7th Cir. Mar. 26, 2018): The plaintiff in this case is a Singaporean shipping company. It entered into shipping contracts ...

Armada Sing. PTE v. Amcol Int'l Corp., 2018 U.S. App. LEXIS 7537 (7th Cir. Mar. 26, 2018): The plaintiff in this case is a Singaporean shipping company. It entered into shipping contracts with an Indian mining company, but the…

Commercial Litigation and Arbitration

RICO: Perjury, Obstruction, Evidence Tampering Are Predicates Only If in Connection with Federal Proceedings — State Prisoner Can’t Pursue §1983 Action If Win Would Imply Invalidity of Conviction (Heck Bar)

Supreme Court: FRCP 42(a): Judgment Entered in Each of Consolidated Cases Is Immediately Appealable — Neither Congress Nor Advisory Committee Alters “the Fundamental Details of an Existing Scheme with Vague Terms and Subtle Devices” (Good Quote)

Rule 45: Is a Subpoena Issued to a Non-Party Government Agency Subject to Review under the Administrative Procedure Act or Rules 45 and 26? — Circuit Split

Neither Rule 11 Sanctions Nor Separate Referral to Disciplinary Committee May Be Certified for Appeal under Rule 54(b) Because They Are Not Claims for Relief (1292(b) Possible; Not Collateral Order; Markwell Highly Unlikely)

Forum Selection Clauses: In Diversity Case, Federal Law Determines Enforceability, But Forum State’s Choice of Law Rules Determine Which State’s Substantive Law Governs Interpretation

Privilege/Work Product — Public Relations Firm: Absent Privilege Log or In Camera Review, Ruling Unappealable — Waiver by Failure to Log — Party Still Bears Burden of Proving Privilege Even If Documents Held by Third Party

RICO: Rimless Hub & Spoke Enterprise Not Enough, Rimmed OK — If Defendants Band Together to Commit Violations They Can’t Achieve Alone, Associated-in-Fact Enter. Stated — Rule 16(b) vs. 15(a) for Complaint Amendment

Judicial Notice of Internet Evidence — Google Maps: Distances May Be Judicially Noticed, But Are Estimated Travel Times Hearsay?

Text Authentication: Two Recipients Had Programmed Sender’s Name/No. into Their Cells & Shared with Each Other Identical Texts He Sent, One Then Conversed by Text with Him — Party’s Texts=Admissions — 403 If Improper Basis for Verdict Suggested

RICO Extraterritoriality — While Injury Involving Tangible Property Is Suffered at Location of Property (2d Cir.), Injury Involving Intangible Property Is Suffered at Residence of Plaintiff (7th Cir.)

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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