Complex Lit Blog

Twitter & Facebook Authentication: Circumstantial Evidence — Selfies, Corroboration of Contents (Rival Gangs, Animus), Community Awareness, Use of Phone to Log in — Rule 403: Prejudice Unfair If to Elicit Bias, Sympathy, Hatred, Contempt, Retribution

Stat v. Alias, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): *1 This case arose after a shooting occurred at Walter P. Taylor Homes apartment complex (Walter P.) on October 3, 2014, resulting in the death of the victim, Dominique Johnson. Devonte Blair was sitting next to the victim on an apartment porch when ...

CAFA Local Controversy Exception: Court Is Bound by Complaint, Can’t Look to Other Evidence (Internet) — Factors for Judging If Local Defendants Can Provide “Significant Relief” or Their Conduct Is a “Significant Basis” for Suit

Christmas v. Union Pac. R.R., 2017 U.S. App. LEXIS 11724 (9th Cir. June 30, 2017): Plaintiff-Appellant Elon Christmas ("Christmas") filed a class action complaint in the Superior Court of California on February 5, 2015 alleging that Defendant Union Pacific Railroad ("Union Pacific") required certain employees to wo ...

RICO—Is Any Act of Criminal Copyright Infringement a Predicate Or Only Egregious Ones?—Enterprise: Affiliated Corps: Need “Something More”? (2 Case Law Splits)—Conspiracy: Agreement Inferable—Pattern Extends Thru Era of Violations

Synopsys, Inc. v. Ubiquiti Networks, Inc., 2017 U.S. Dist. LEXIS 130070 (N.D. Cal. Aug. 15, 2017): This case stems from the purported interest of defendants Ubiquiti Network Inc., UNIL, and Ching-Han Tsai to review and evaluate for licensing plaintiff Snyopsys, Inc.'s high-value [*2] semiconductor electronic design a ...

Spoliation — No Abuse of Discretion to Rescind Default Judgment and Adverse Inference Instruction and Instead Impose Lesser, Monetary Sanctions

Day v. LSI Corp., 2017 U.S. App. LEXIS 15231 (9th Cir. Aug. 15, 2017): * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff Kenneth Day appeals from the district court's grant of summary judgment to Day's former employer, Defendant LSI C ...

Blog Admissibility — Third-Party Blog Posts Reiterating Alleged Defamation = Publication; Affidavit of Counsel Sufficient to Authenticate on Summary Judgment — Posts and Comments on Posts Admissible for Effect on Listener (Damages)

Knitting Fever, Inc. v. Eisaku Noro & Co., Ltd., 2012 WL 3235108 (E.D. Pa. Aug. 8, 2102): *1 Currently pending before the Court are Plaintiff The Knit With’s (“TKW”) Motion for Summary Judgment on the Counterclaims of Knitting Fever, Inc. and Defendant Knitting Fever, Inc.’s (“KFI”) Motion for Summary Judg ...

Blog Posts Admissible as Admissions of a Party Opponent — Founder’s Testimony about Nature of the Business Presumably Admissible as Expert Opinion under Rule 702, Not Lay Opinion under 701

Lavoholo v. Apple, Inc., 232 F.Supp.3d 513 (S.D.N.Y. Fb. 10, 2106): Lavoho, LLC, the successor in interest to Diesel eBooks, LLC (hereinafter, “Diesel”) brings this action against five book publishers, Hachette Book Group, Inc. (“Hachette”), HarperCollins Publishers, LLC (“HarperCollins”), Macmillan Publishers Inc. ...

Sanctions — If a Party Has Good Reason to Believe a Fact Is True or False But Needs Discovery, Formal or Informal, from Others to Confirm It, the Party Is Not Subject to Rule 11 Sanctions — Prompt Filing Is Encouraged

Max Oil Co., Inc. v. Range Production Co., LLC, 681 Fed.Appx. 710 (10th Cir. Mar. 14, 2017): Max Oil Company and Max, Rebecca, and Joe Hawkins (Hawkins Family) sued Range Production Company LLC and Range Resources-Midcontinent LLC (collectively Range), alleging Range’s oil and gas drilling operations permanently damaged thei ...

Max Oil Co., Inc. v. Range Production Co., LLC, 681 Fed.Appx. 710 (10th Cir. Mar. 14, 2017): Max Oil Company and Max, Rebecca, and Joe Hawkins (Hawkins Family) sued Range Production Company LLC and Range Resources-Midcontinent LLC (collectively Range), alleging …

§ 1927 Sanctions — Notice of Appeal Filed in Name of Sanctioned Party Does Not Confer Jurisdiction over Appeal by Counsel — Liberal Construction under FRAP 3 Doesn’t Excuse Complete Non-Compliance — Test Is Objective

Payne v. Univ. of S. Miss., 681 Fed.Appx. 384 (5th Cir. 2017) (limited precedent opinion): Thomas Payne filed a civil rights lawsuit against the University of Southern Mississippi (the “University”) and several University officials in their official and individual capacities, claiming that he suffered adverse employment ac ...

Payne v. Univ. of S. Miss., 681 Fed.Appx. 384 (5th Cir. 2017) (limited precedent opinion): Thomas Payne filed a civil rights lawsuit against the University of Southern Mississippi (the “University”) and several University officials in their official and individual capacities, …

Rule 11 Sanctions — If a Party Forms a Belief Based on a Reasonable Inquiry Limited by a Prospective Adversary’s Withholding of Information, Asserts That Its Position “Will Likely Have Evidentiary Support,” Party Has Satisfied Rule 11

Amgen Inc.v. Hospira, Inc., 2017 U.S. App. LEXIS 14747 (Fed. Cir. Aug. 10, 2017): Amgen Inc. ("Amgen") appeals an order of the United States District Court for the District of Delaware denying Amgen's motion to compel discovery from Hospira, Inc. ("Hospira") in a patent infringement case governed by the Biologi ...

RICO: Failure to Allege Violations of Predicate Acts Listed in § 1961(1) Dooms Claim — Judicial Recusal: Fact Judge’s Son Is Non-Partner Lawyer at Firm Before Her Doesn’t Require Recusal

Brown v. Burch, Porter & Johnson, PLLC, 2016 WL 9448027 (6th Cir. Nov. 21, 2016): *1 Pro se litigant Kim Brown appeals a district court judgment dismissing his civil action filed pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”) ...

Brown v. Burch, Porter & Johnson, PLLC, 2016 WL 9448027 (6th Cir. Nov. 21, 2016): *1 Pro se litigant Kim Brown appeals a district court judgment dismissing his civil action filed pursuant to the Racketeer Influenced and Corrupt Organizations Act…

Commercial Litigation and Arbitration

Twitter & Facebook Authentication: Circumstantial Evidence — Selfies, Corroboration of Contents (Rival Gangs, Animus), Community Awareness, Use of Phone to Log in — Rule 403: Prejudice Unfair If to Elicit Bias, Sympathy, Hatred, Contempt, Retribution

CAFA Local Controversy Exception: Court Is Bound by Complaint, Can’t Look to Other Evidence (Internet) — Factors for Judging If Local Defendants Can Provide “Significant Relief” or Their Conduct Is a “Significant Basis” for Suit

RICO—Is Any Act of Criminal Copyright Infringement a Predicate Or Only Egregious Ones?—Enterprise: Affiliated Corps: Need “Something More”? (2 Case Law Splits)—Conspiracy: Agreement Inferable—Pattern Extends Thru Era of Violations

Spoliation — No Abuse of Discretion to Rescind Default Judgment and Adverse Inference Instruction and Instead Impose Lesser, Monetary Sanctions

Blog Admissibility — Third-Party Blog Posts Reiterating Alleged Defamation = Publication; Affidavit of Counsel Sufficient to Authenticate on Summary Judgment — Posts and Comments on Posts Admissible for Effect on Listener (Damages)

Blog Posts Admissible as Admissions of a Party Opponent — Founder’s Testimony about Nature of the Business Presumably Admissible as Expert Opinion under Rule 702, Not Lay Opinion under 701

Sanctions — If a Party Has Good Reason to Believe a Fact Is True or False But Needs Discovery, Formal or Informal, from Others to Confirm It, the Party Is Not Subject to Rule 11 Sanctions — Prompt Filing Is Encouraged

§ 1927 Sanctions — Notice of Appeal Filed in Name of Sanctioned Party Does Not Confer Jurisdiction over Appeal by Counsel — Liberal Construction under FRAP 3 Doesn’t Excuse Complete Non-Compliance — Test Is Objective

Rule 11 Sanctions — If a Party Forms a Belief Based on a Reasonable Inquiry Limited by a Prospective Adversary’s Withholding of Information, Asserts That Its Position “Will Likely Have Evidentiary Support,” Party Has Satisfied Rule 11

RICO: Failure to Allege Violations of Predicate Acts Listed in § 1961(1) Dooms Claim — Judicial Recusal: Fact Judge’s Son Is Non-Partner Lawyer at Firm Before Her Doesn’t Require Recusal

Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

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