Complex Lit Blog

Rule 11 Sanctions Must Be Sought by Motion, Not as a Claim for Relief

Rosier v. Strobel, 2017 U.S. App. LEXIS 2834 (9th Cir. Feb. 15, 2017): * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The contract and tort claims alleged by Gail Rosier in this diversity action arise out of the attempts by her ex-husband, Jeffrey St ...

Rule 37 Sanctions — Preclusion for Willful Violation of Discovery Order — “It Is Appropriate to Reject Lesser Sanctions Where Court Anticipates Continued Deceptive Misconduct” (Good Quote)

Amtrust Bank v. Lewis, 2017 U.S. App. LEXIS 7024 (9th Cir. April 21, 2017): * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rex Lewis appeals the district court's order (1) denying his motion for relief from judgment pur ...

Instagram/Text Admissibility — Posts Sent to and Received by Third Parties Offered for the Truth = Hearsay — Once Posts Read into Evidence and Authenticated, Additionally Testimony about Them Is Cumulative

Commonwealth v. Colon, 2017 Pa. Super. Unpub. LEXIS 2067 (Pa. Super. Ct. May 25, 2017): Appellant Wilmer Colon appeals from the August 5, 2015 judgment of sentence entered in the Court of Common Pleas of Philadelphia County ("trial court"), following his jury convictions for third degree murder, possession of an instrument o ...

Supreme Court: Statute Providing (1) Where Suit “May Be Brought” Is Venue Provision & (2) Where Process May Be Served Is Personal Jurisdiction Statute — Daimler’s Demanding General Jurisdiction Test Reaffirmed

BNSF Rwy. v Tyrell, 2017 U.S. LEXIS 3395 (U.S. May 30, 2017): The two cases we decide today arise under the Federal Employers' Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §51 et seq., which makes railroads liable in money damages to their employees for on-the-job injuries. Both sui ...

BNSF Rwy. v Tyrell, 2017 U.S. LEXIS 3395 (U.S. May 30, 2017): The two cases we decide today arise under the Federal Employers' Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §51 et seq.,…

Rule 37 Sanctions: Default Judgment Requires Willful or Bad Faith Disobedience of Discovery Order — Rule 56(d) Request for Additional Discovery to Defend Summary Judgment Requires Motion; Request in Brief Insufficient

Tobinick v. Novella, 2017 U.S. App. LEXIS 2637 (11th Cir. Feb. 15, 2017): Appellants Edward Lewis Tobinick, MD ("INR CA"), INR PLLC ("INR FL"), and M.D. Edward Tobinick ("Dr. Tobinick") (collectively, the "Tobinick Appellants") appeal the district court's orders striking INR CA's ...

Tobinick v. Novella, 2017 U.S. App. LEXIS 2637 (11th Cir. Feb. 15, 2017): Appellants Edward Lewis Tobinick, MD ("INR CA"), INR PLLC ("INR FL"), and M.D. Edward Tobinick ("Dr. Tobinick") (collectively, the "Tobinick Appellants") appeal the district court's orders striking …

YouTube Admissibility — Video of Defendant Using Gang Hand Signals, Stating Name of His Gang, and Uttering Same Words Allegedly Used at Time of Shooting Relevant to Identification and Motive, Not Cumulative or Unduly Prejudicial

Ross v Santoro, 2017 U.S. Dist. LEXIS 74564 (C.D. Cal. Mar. 31, 2017), adopted, 2017 U.S. Dist. LEXIS 74548 (C.D. Cal. May 15, 2017): REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Background1 1 The following summary is taken from the opi ...

Ross v Santoro, 2017 U.S. Dist. LEXIS 74564 (C.D. Cal. Mar. 31, 2017), adopted, 2017 U.S. Dist. LEXIS 74548 (C.D. Cal. May 15, 2017): REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Background1 1 The following summary is taken from the…

Attorney-Client Privilege: Use of Corporate Email System to Communicate with Counsel = Waiver Where Employee on Notice That Company May Monitor Emails — Whether Employee Has Legitimate Expectation of Privacy Is Highly Fact-Dependent (Good Quote)

United States v. Finazzo, 2017 U.S. App. LEXIS 3972 (2d Cir. Mar. 7, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments of the district court are AFFIRMED in part and VACATED and REMANDED ...

United States v. Finazzo, 2017 U.S. App. LEXIS 3972 (2d Cir. Mar. 7, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments of the district court are AFFIRMED in part and VACATED and…

Texts Authenticated by Testimony from Recipient, Content and Timing — Cellebrite Tool Is the Industry Standard to Extract Texts

Appellant Richard Michael Kelso appeals his conviction of three counts of communicating with a minor with the intent to commit a sexual offense, two counts of committing a lewd and lascivious act on a minor, and one count of inducing a minor to engage in a lewd act. Appellant contends: (1) the court lacked territorial jurisdiction over the latter three offenses ...

RICO Conspiracy — Not Enough to Show Defendant’s Association with Conspirators, Knowledge of Conspiracy, Presence during Conspiratorial Discussions — Must Show Awareness of Scope of Enterprise & Objective Manifestation of Intent to Participate in It

Rosemann v. St. Louis Bank, 2017 U.S. App. LEXIS 9075 (8th Cir. May 24, 2017): This case continues to chronicle the legal consequences flowing from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). See, e.g., Aguilar v. PNC Bank, N.A., 853 F.3d 390 (8th Cir. 2017); United Sta ...

Rosemann v. St. Louis Bank, 2017 U.S. App. LEXIS 9075 (8th Cir. May 24, 2017): This case continues to chronicle the legal consequences flowing from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). See, e.g., Aguilar v.…

§ 1927 Sanctions — Filing a Heavily-Redacted, Misleading Transcript of a Relevant Prior Proceeding That Prolonged the Case Constitutes Bad Faith

Agnew v. United Leasing Corp., 2017 U.S. App. LEXIS 3140 (4th Cir. Feb. 22, 2017): Plaintiffs appeal a district court order related to a forbearance agreement between Barbara and Michael Agnew and United Leasing [“ULC”]. For the reasons that follow, we affirm. I. On June 2, 2000, Barbara and Michael Agnew, their comp ...

Commercial Litigation and Arbitration

Rule 11 Sanctions Must Be Sought by Motion, Not as a Claim for Relief

Rule 37 Sanctions — Preclusion for Willful Violation of Discovery Order — “It Is Appropriate to Reject Lesser Sanctions Where Court Anticipates Continued Deceptive Misconduct” (Good Quote)

Instagram/Text Admissibility — Posts Sent to and Received by Third Parties Offered for the Truth = Hearsay — Once Posts Read into Evidence and Authenticated, Additionally Testimony about Them Is Cumulative

Supreme Court: Statute Providing (1) Where Suit “May Be Brought” Is Venue Provision & (2) Where Process May Be Served Is Personal Jurisdiction Statute — Daimler’s Demanding General Jurisdiction Test Reaffirmed

Rule 37 Sanctions: Default Judgment Requires Willful or Bad Faith Disobedience of Discovery Order — Rule 56(d) Request for Additional Discovery to Defend Summary Judgment Requires Motion; Request in Brief Insufficient

YouTube Admissibility — Video of Defendant Using Gang Hand Signals, Stating Name of His Gang, and Uttering Same Words Allegedly Used at Time of Shooting Relevant to Identification and Motive, Not Cumulative or Unduly Prejudicial

Attorney-Client Privilege: Use of Corporate Email System to Communicate with Counsel = Waiver Where Employee on Notice That Company May Monitor Emails — Whether Employee Has Legitimate Expectation of Privacy Is Highly Fact-Dependent (Good Quote)

Texts Authenticated by Testimony from Recipient, Content and Timing — Cellebrite Tool Is the Industry Standard to Extract Texts

RICO Conspiracy — Not Enough to Show Defendant’s Association with Conspirators, Knowledge of Conspiracy, Presence during Conspiratorial Discussions — Must Show Awareness of Scope of Enterprise & Objective Manifestation of Intent to Participate in It

§ 1927 Sanctions — Filing a Heavily-Redacted, Misleading Transcript of a Relevant Prior Proceeding That Prolonged the Case Constitutes Bad Faith

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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