Complex Lit Blog

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Kendrick v. Amazon.Com Servs., LLC, 2024 U.S. App. LEXIS 27411 (6th Cir. Oct. 28, 2 ...

Kendrick v. Amazon.Com Servs., LLC, 2024 U.S. App. LEXIS 27411 (6th Cir. Oct. 28, 2024) (unpublished): ORDER Rome Kendrick, Jr., proceeding pro se, appeals the district court’s dismissal of his employment-discrimination case against his former employer, Amazon.com Services, LLC (Amazon),…

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

Keyes Law Firm, LLC v. Napoli, 120 F.4th 139 (4th Cir. 2024): *141 Na ...

Keyes Law Firm, LLC v. Napoli, 120 F.4th 139 (4th Cir. 2024): *141 Napoli Law contests the sanctions award that the District Court of Maryland imposed in light of the Napoli firm’s abuse of process in two lawsuits filed in …

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

Curtis v. Greenberg, 2023 WL 6324324 (2d Cir. Sept. 29, 2023) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Wilfred Robert Curtis, an attorney proceeding pro se, sued various attorneys and law firms unde ...

Curtis v. Greenberg, 2023 WL 6324324 (2d Cir. Sept. 29, 2023) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Wilfred Robert Curtis, an attorney proceeding …

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

Roe v. Healey, 78 F.4th 11 (1st Cir. 2023): Three children with disabilities and their parents sued the Governor of Massachusetts, the Commissioner of Schools for Massachusetts, the Massachusetts Department of Elementary and Secondary Education (DESE), and several school districts and their superintendents on behalf of a putative class, over the closure of in-person educ ...

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Romano v. Laskowski, 2024 WL 4635227 (2d Cir. Oct. 31, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED, and the case is REMANDED for further proceedings. Plaintiff-Appellant Anthony Romano (“Romano”) appeals ...

Romano v. Laskowski, 2024 WL 4635227 (2d Cir. Oct. 31, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED, and the case is REMANDED for further proceedings.…

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Aquino v. Alexander Cap. LP, 2024 U.S. App. LEXIS 27660 (2d Cir. Oct. 31, 2024) (unpublished):

Aquino v. Alexander Cap. LP, 2024 U.S. App. LEXIS 27660 (2d Cir. Oct. 31, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Counter-Defendant-Appellant John J. …

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

Stansell v. Revolutionary Armed Forces of Colombia, 2024 WL 4614859, 2024 U.S. App. LEXIS 27556 (11th Cir. Oct. 30, 2024): *1 This appeal is yet another chapter in a decade-long attempt by a number of plaintiffs to satisfy a 2010 default judgment in the sum of $318 million against the Revolutionary Armed Forces of Colombia, colloquially referred to as th ...

Stansell v. Revolutionary Armed Forces of Colombia, 2024 WL 4614859, 2024 U.S. App. LEXIS 27556 (11th Cir. Oct. 30, 2024): *1 This appeal is yet another chapter in a decade-long attempt by a number of plaintiffs to satisfy a 2010 …

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

State Farm Mut. Auto. Ins. Co. v. Tri-Borough NY Med. Prac. P.C., 2024 WL 4559452, 2024 U.S. App. LEXIS 26888 (2d Cir. Oct. 24, 2024): *1 Plaintiffs State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Insurance Company (collectively, “State Farm”) provide automobile insurance coverage in New York and are required under New York’ ...

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Dodson v. Nichols, 2024 WL 4648157 (5th Cir. Nov. 1, 2024) (unpublished): PER CURIAM:* Plaintiff-appellant Jacques Dodson, Sr., appeals from the district court’s sua sponte dismissal of his civil action asserting Racketeer Influenced and Corrupt Organizations Act (RICO

Dodson v. Nichols, 2024 WL 4648157 (5th Cir. Nov. 1, 2024) (unpublished): PER CURIAM:* Plaintiff-appellant Jacques Dodson, Sr., appeals from the district court’s sua sponte dismissal of his civil action asserting Racketeer Influenced and Corrupt Organizations Act (RICO…

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

Hornady v. Outokumpu Stainless USA, LLC, 2024 U.S. App. LEXIS 25712 (11th Cir. Oct. 11, 2024):

Hornady v. Outokumpu Stainless USA, LLC, 2024 U.S. App. LEXIS 25712 (11th Cir. Oct. 11, 2024): *1 In this labor dispute, the district court ordered defendant Outokumpu Stainless to produce key time and pay records. For more than two years, …

Commercial Litigation and Arbitration

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Recent Posts

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

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