Complex Lit Blog

RICO — Neither Filing a Complaint Nor Issuing a Press Release Constitutes Wire Fraud — Litigation Privilege Is Absolute and Bars All Tort Claims Other Than Malicious Prosecution — Abuse of Process Claim Barred (California Law)

Mosafer, Inc. v. Broidy, 2023 WL 8295921 (9th Cir. Dec. 1, 2023) (unpublished): Before:

Mosafer, Inc. v. Broidy, 2023 WL 8295921 (9th Cir. Dec. 1, 2023) (unpublished): Before: PAEZ and H.A. THOMAS, Circuit Judges, and R. COLLINS,** District Judge. MEMORANDUM* *1 Plaintiffs Mosafer Inc., Mosafer E-Com, Inc., and GoMosafer (collectively,…

RICO Statute of Limitations: (1) Under Separate Accrual Rule, Plaintiff May Recover Only for Additional Damages Suffered as a Result of the New Predicate Act and Not for Earlier Predicates Outside the 4-Year Limitations Period — (2) No Equitable Tolling Absent Diligence in Filing Suit — 3.25 Year Delay between Indictment and Filing Suit Too Long (Even 9 Months May Be Too Long) — “Equity Favors Those Who Diligently Pursue Their Known Rights” (Good Quote)

Baltrusaitis v. Int’l Union, UAAAIW of Am., 86 F.4th 1168 (6th Cir. 2023): Plaintiffs are current and former engineers employed by automaker FCA US LLC (now Stellantis). In 2011, FCA transferred the work that plaintiffs had previously performed at FCA’s company headquarters to a new location. Plaintiffs were unhappy with the transfer, and in 2015 they filed a grievance with ...

Sanctions: Rule 41(b) Overlaps with Inherent Power to the Extent It Authorizes Dismissal for Failure to Prosecute or Comply with a Court Order — Rule 41(b) Dismissal OK for Failure to Comply with Court Order on Notice of the Drastic Ramifications and When Predicated on a Protracted Course of Dilatory Or Otherwise Improper Behavior — Dismissal Sanction May Be Upheld When Point of Noncompliance with Order Is to Accelerate Appeal

Assassination Archives v. United States DOJ, 2024 U.S. App. LEXIS 14873 (D.C. Cir. June 18, 2024) (unpublished): This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and ora ...

RICO and Constitutional Standing — Concrete Injury Required for Constitutional Standing (And, Thus, for Standing in RICO Case, Notwithstanding a Disagreement Among the Circuits as to Whether Concrete Injury Is Required for RICO Standing) — At the Pleading Stage, General Factual Allegations of Injury May Suffice, But They Must Be Plausible and May Not Be Conclusory

Cooper v. US Dominion, Inc., 2023 WL 8613526 (10th Cir. Dec. 13, 2023) (unpublished): ORDER AND JUDGMENT* Plaintiffs Jennifer Cooper, Eugene Dixon, Francis Cizmar, Anna Pennala, Kathleen Daavettila, Cynthia Brunell, Karyn Chopjian, and Abbie Helminen filed this action against US Dominion, Inc., Dominion Voting Systems, Inc., Dominion Voting Sys ...

(1) RICO and Securities Fraud: Conviction Exception — Caselaw Not Uniform as to Whether Plaintiff’s Damages Must Result from Securities Fraud Directed at Plaintiff — Appeals: 4 Factors Court of Appeals Considers in Deciding Whether to Entertain Arguments Newly Raised on Appeal

Buck v. Compton, 2023 WL 8812472 (6th Cir. Dec. 20, 2023) (unpublished): OPINION *1 Thomas Buck, a former financial advisor, defrauded several of his clients, including Janice Compton. Following Buck’s criminal conviction for fraud, Compton sued Buck, and the parties submitted their dispute to binding arbitration through the Financial Industry Regulator ...

RICO Statute of Limitations — Accrual: Actual or Inquiry Notice — Equitable Tolling — Courts Have Inherent Flexibility to Choose Grounds for Disposing of a Case without Reaching the Merits

Garrasi v. Wells Fargo Bank, N.A., 2024 WL 191802 (2d Cir. Jan. 18, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Robert Garrasi appeals from a judgment of the United States District Court for the Northern District ...

Garrasi v. Wells Fargo Bank, N.A., 2024 WL 191802 (2d Cir. Jan. 18, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Robert Garrasi appeals…

Colorado River Abstention — Factors

Taveras v. Bank of Am., NA, 89 F.4th 1279 (11th Cir. 2024): *** I. Abstention Under

Taveras v. Bank of Am., NA, 89 F.4th 1279 (11th Cir. 2024): *** I. Abstention Under Colorado River *** Abstention is a determination that the district court “should abstain from exercising their jurisdiction.” Ambrosia Coal & Constr. Co. v. Morales, …

RICO: (1) Concrete Financial Loss Requirement — (2) 9(b) Requirements for Mail/Wire Fraud — (3) An Instruction ≠ A Representation and Cannot Constitute Mail/Wire Fraud — (4) Allegations of Frivolous, Fraudulent or Baseless Litigation Activities, Without More, ≠ A RICO Predicate Act

UMB Bank, NA v. Guerin, 89 F.4th 1047 (8th Cir. 2024): Famous American Regionalist artist Thomas Hart Benton and his wife passed away in 1975, leaving behind a family trust (the “Trust”) that included hundreds of works of art by Thomas Hart Benton, real estate, and various personal effects. The primary Trust beneficiary is their daughter Jessie Benton (to av ...

UMB Bank, NA v. Guerin, 89 F.4th 1047 (8th Cir. 2024): Famous American Regionalist artist Thomas Hart Benton and his wife passed away in 1975, leaving behind a family trust (the “Trust”) that included hundreds of works of…

RICO Pleading — 9(b) Requirements for Alleging Mail/Wire Fraud

Wayne Johnson for Cong., Inc. v. Hunt, 2024 U.S. App. LEXIS 2850, 2024 WL 471938 (11th Cir. Feb. 7, 2024) (unpublished): *** When a complaint “is based on an alleged pattern of racketeering consisting entirely of ...

Wayne Johnson for Cong., Inc. v. Hunt, 2024 U.S. App. LEXIS 2850, 2024 WL 471938 (11th Cir. Feb. 7, 2024) (unpublished): *** When a complaint “is based on an alleged pattern of racketeering consisting entirely of the predicate acts …

While Law-of-the-Case Doctrine Does Not Bind Court of Appeals with the Same Rigidity as the District Court, It Should Be Departed From Only Sparingly — Factors

United States v. Aquart, 92 F.4th 77 (2d Cir. 2024): *** While the law-of-the-case doctrine does not bind this court with the same “rigidity” that the mandate rule binds the district court,

United States v. Aquart, 92 F.4th 77 (2d Cir. 2024): *** While the law-of-the-case doctrine does not bind this court with the same “rigidity” that the mandate rule binds the district court, United States v. Tenzer, 213 F.3d 34, 40 …

Commercial Litigation and Arbitration

RICO — Neither Filing a Complaint Nor Issuing a Press Release Constitutes Wire Fraud — Litigation Privilege Is Absolute and Bars All Tort Claims Other Than Malicious Prosecution — Abuse of Process Claim Barred (California Law)

(1) RICO and Securities Fraud: Conviction Exception — Caselaw Not Uniform as to Whether Plaintiff’s Damages Must Result from Securities Fraud Directed at Plaintiff — Appeals: 4 Factors Court of Appeals Considers in Deciding Whether to Entertain Arguments Newly Raised on Appeal

RICO Statute of Limitations — Accrual: Actual or Inquiry Notice — Equitable Tolling — Courts Have Inherent Flexibility to Choose Grounds for Disposing of a Case without Reaching the Merits

Colorado River Abstention — Factors

RICO: (1) Concrete Financial Loss Requirement — (2) 9(b) Requirements for Mail/Wire Fraud — (3) An Instruction ≠ A Representation and Cannot Constitute Mail/Wire Fraud — (4) Allegations of Frivolous, Fraudulent or Baseless Litigation Activities, Without More, ≠ A RICO Predicate Act

RICO Pleading — 9(b) Requirements for Alleging Mail/Wire Fraud

While Law-of-the-Case Doctrine Does Not Bind Court of Appeals with the Same Rigidity as the District Court, It Should Be Departed From Only Sparingly — Factors

Recent Posts

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

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