Complex Lit Blog

Sua Sponte Dismissal without Prejudice Failure to File RICO Case Statement, Even If Erroneous, Not Reversible If Plaintiff Had Time to Refile within SOL — Inherent Power Dismissal for Failure to Prosecute Reviewed with an Eye on Rule 41(b) Standards

Moskovits v Aldridge Pite, LLP, 2017 U.S. App. LEXIS 1199 (11th Cir. Jan. 24, 2017): Pro se plaintiff Alexander Moskovits filed a putative class-action suit in the Southern District of Florida against twenty-three defendants, alleging that defendants engaged in a widespread conspiracy to fraudulently ...

Moskovits v Aldridge Pite, LLP, 2017 U.S. App. LEXIS 1199 (11th Cir. Jan. 24, 2017): Pro se plaintiff Alexander Moskovits filed a putative class-action suit in the Southern District of Florida against twenty-three defendants, alleging that defendants engaged in a …

Inherent Power Sanctions — Frivolousness Alone Not Enough — Bad Faith Required, May Be Inferred — Disobedience to Court Is Key — Nightmare of Diversity Jurisdiction with LLCs (Good Quotes)

Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 U.S. App. LEXIS 4918 (11th Cir. Mar. 20, 2017): This case demonstrates the difficulty of applying established diversity jurisdiction principles to 21st-century business organizations. When determining citizenship of the parties for diversity jurisdiction purposes, a limited ...

Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 U.S. App. LEXIS 4918 (11th Cir. Mar. 20, 2017): This case demonstrates the difficulty of applying established diversity jurisdiction principles to 21st-century business organizations. When determining citizenship of the parties for diversity …

Supreme Court: Inherent Power Sanctions — Only Attorney’s Fees and Costs Incurred As a Result of the Misconduct Are Awardable — But-For Test — Substantial Discretion to Do “Rough Justice”

Goodyear Tire & Rubber Co. v. Haeger, 2017 U.S. LEXIS 2613 (U.S. April 18, 2017): In this case, we consider a federal court's inherent authority to sanction a litigant for bad-faith conduct by ordering it to pay the other side's legal fees. We hold that such an order is limited to the fees the innocent party incurred s ...

Goodyear Tire & Rubber Co. v. Haeger, 2017 U.S. LEXIS 2613 (U.S. April 18, 2017): In this case, we consider a federal court's inherent authority to sanction a litigant for bad-faith conduct by ordering it to pay the other side's …

Rule 37 Sanctions: How Mandatory Is the Mandate That the Court Must Order a Party Who Violates a Discovery Order to Pay the Fees and Expenses Incurred by the Other Side? — Sixth Circuit Splits on Issue

Lim v. Terumo Corp., 2015 U.S. App. LEXIS 23233 (6th Cir. April 2, 2015): Chang Lim, proceeding pro se, appeals the district court's grant of summary judgment in favor of the defendants in his action raising claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000-2000e-17 ("Title VII"), and variou ...

Spoliation of Tangible Evidence — 11th Circuit Factors (Unchanged Post-37(e)), Available Sanctions — State Law Guidance — Ignoring Opponent’s Request to Inspect + Failing to Preserve on While Notice of Claim = Bad Faith

Oil Equipment Co., Inc. v. Modern Welding Co., Inc., 2016 U.S. App. LEXIS 17632 (11th Cir. Sept. 29, 2016): PER CURIAM: This is a products-liability case about an allegedly defective underground storage tank that began to leak. Plaintiff-Appellant Oil Equipment Company Inc. ("OEC") purchased the tank from the manufact ...

What Is Conduct Unbecoming a Member of the Bar within FRAP 46(b)(1)(B)? — Standards — Factors Relevant to Deciding Whether Sanctions Apt — Range of Sanctions (Discipline) Available — The Vice of Misrepresentation to the Court

Greene v. Exec. Coach & Carriage, 2015 U.S. App. LEXIS 23218 (9th Cir. July 22, 2015): JUDGES: Before: Peter L. Shaw, Appellate Commissioner. OPINION ORDER On February 12, 2015, the court identified a false statement in the answering brief of Defendant-App ...

Greene v. Exec. Coach & Carriage, 2015 U.S. App. LEXIS 23218 (9th Cir. July 22, 2015): JUDGES: Before: Peter L. Shaw, Appellate Commissioner. OPINION ORDER On February 12, 2015, the court identified a false statement in the answering brief of …

§ 1927 Sanctions Require More Than Negligence, Not Bad Faith (Circuit Split) — Repeating on Rule 59 Motion Args Previously Rejected Sanctionable — Discretion Means Range of Choices — That Other Courts Decided Differenrtly Irrelevant

U.S. ex rel. Hirt v. Walgreen Co., 2017 U.S. App. LEXIS 5245 (6th Cir. Mar. 23, 2017): PER CURIAM. After losing his qui tam lawsuit at the district court, Andrew Hirt, owner of Andy's Pharmacies, filed a Rule 59 motion to vacate or amend the judgment. Hirt failed to persuade the court, and defendant Walgree ...

U.S. ex rel. Hirt v. Walgreen Co., 2017 U.S. App. LEXIS 5245 (6th Cir. Mar. 23, 2017): PER CURIAM. After losing his qui tam lawsuit at the district court, Andrew Hirt, owner of Andy's Pharmacies, filed a Rule 59 motion …

Pleading: May a Complaint Rely on Allegations in Another Complaint That Has Been Dismissed, Settled or Otherwise Not Resolved? — Case Law Split — (Does It Matter If the Govt. Filed It?) — Settlement Suggests Position at Least Colorable

In re Forcefield Energy Sec. Litig., 2017 U.S. Dist. LEXIS 54606, *29-30 (S.D.N.Y. Mar. 29, 2017): This putative securities class action is brought by shareholders of ForceField Energy Inc. ("ForceField") alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Ex ...

Sanctions: Knowingly Pursuing Frivolous Claim = Bad Faith — Inherent Power OK If Rule 11 Procedurally Barred — No Due Process If Fee Records Kept under Seal, Away from Offender — Disqualification Appeal Fails If Substitute Counsel Equally Good

Miccosukee Tribe of Indians of Fla. v. Cypress, 2017 U.S. App. LEXIS 7519 (11th Cir. April 28, 2017): PER CURIAM: Appellees Guy A. Lewis, Michael R. Tein, and their law firm, Lewis Tein P.L., move to correct our panel opinion, which Appellants Bernardo Roman III, and Bernardo Roman III, P.A., do not oppose. We grant the motion ...

Rooker-Feldman Bars Federal Claim If Relief Sought Is Vacatur of State Court Judgment (Here, Claim RICO Fraud Perpetrated on State Court) — There Must Be Independent Injury — Dismissal Must Be without Prejudice (No Jurisdiction)

Mains v. Citibank, N.A., 2017 U.S. App. LEXIS 5429 (7th Cir. Mar. 29, 2017): Eric Mains has been battling the impending foreclosure of his home for quite some time. Most recently, he brought an action in federal court raising various state and federal law theories, related primarily to alleged fraudulent activity by the defendants ...

Commercial Litigation and Arbitration

Sua Sponte Dismissal without Prejudice Failure to File RICO Case Statement, Even If Erroneous, Not Reversible If Plaintiff Had Time to Refile within SOL — Inherent Power Dismissal for Failure to Prosecute Reviewed with an Eye on Rule 41(b) Standards

Inherent Power Sanctions — Frivolousness Alone Not Enough — Bad Faith Required, May Be Inferred — Disobedience to Court Is Key — Nightmare of Diversity Jurisdiction with LLCs (Good Quotes)

Supreme Court: Inherent Power Sanctions — Only Attorney’s Fees and Costs Incurred As a Result of the Misconduct Are Awardable — But-For Test — Substantial Discretion to Do “Rough Justice”

Rule 37 Sanctions: How Mandatory Is the Mandate That the Court Must Order a Party Who Violates a Discovery Order to Pay the Fees and Expenses Incurred by the Other Side? — Sixth Circuit Splits on Issue

Spoliation of Tangible Evidence — 11th Circuit Factors (Unchanged Post-37(e)), Available Sanctions — State Law Guidance — Ignoring Opponent’s Request to Inspect + Failing to Preserve on While Notice of Claim = Bad Faith

What Is Conduct Unbecoming a Member of the Bar within FRAP 46(b)(1)(B)? — Standards — Factors Relevant to Deciding Whether Sanctions Apt — Range of Sanctions (Discipline) Available — The Vice of Misrepresentation to the Court

§ 1927 Sanctions Require More Than Negligence, Not Bad Faith (Circuit Split) — Repeating on Rule 59 Motion Args Previously Rejected Sanctionable — Discretion Means Range of Choices — That Other Courts Decided Differenrtly Irrelevant

Pleading: May a Complaint Rely on Allegations in Another Complaint That Has Been Dismissed, Settled or Otherwise Not Resolved? — Case Law Split — (Does It Matter If the Govt. Filed It?) — Settlement Suggests Position at Least Colorable

Sanctions: Knowingly Pursuing Frivolous Claim = Bad Faith — Inherent Power OK If Rule 11 Procedurally Barred — No Due Process If Fee Records Kept under Seal, Away from Offender — Disqualification Appeal Fails If Substitute Counsel Equally Good

Rooker-Feldman Bars Federal Claim If Relief Sought Is Vacatur of State Court Judgment (Here, Claim RICO Fraud Perpetrated on State Court) — There Must Be Independent Injury — Dismissal Must Be without Prejudice (No Jurisdiction)

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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