Complex Lit Blog

Wayback Machine: Court Declines to Take Judicial Notice Because of Wayback Machine’s Disclaimer of Warranty of Accuracy — Res Judicata: Prior Judgment Bars More Detailed Allegations of Prejudgment Misconduct, But Not Post-Judgment Incidents

Nassar v. Nassar, 2017 U.S. Dist. LEXIS 456 (M.D. Fla. Jan. 3, 2017): THIS CAUSE is before the Court on (1) Defendant's Motion to Dismiss Amended Complaint and Memorandum in Support (Doc. 63; "Defendant's Motion to Dismiss"), filed on March 30, 2016; (2) Plaintiff's Motion to [sic] Judicial Notic ...

Nassar v. Nassar, 2017 U.S. Dist. LEXIS 456 (M.D. Fla. Jan. 3, 2017): THIS CAUSE is before the Court on (1) Defendant's Motion to Dismiss Amended Complaint and Memorandum in Support (Doc. 63; "Defendant's Motion to Dismiss"), filed on March…

Sanctions: Rule 37/Inherent Power Dismissal for Bribing Witness — Rule 37 Extends to Hiding Evidence, Lying, Soliciting Lies — 7th Circuit Reverses Clear & Convincing Standard for Dismissal under Rule 37 (Circuit Split) — Gross Negligence May=Fault

Ramirez v. T&H Lemont, Inc., 2016 U.S. App. LEXIS 23404 (7th Cir. Dec. 30, 2016): Upon finding that plaintiff Armando Ramirez had offered a witness money in exchange for his favorable testimony, the district court dismissed Ramirez's suit with prejudice. Ramirez appeals, contending that the district court erred in ...

Ramirez v. T&H Lemont, Inc., 2016 U.S. App. LEXIS 23404 (7th Cir. Dec. 30, 2016): Upon finding that plaintiff Armando Ramirez had offered a witness money in exchange for his favorable testimony, the district court dismissed Ramirez's suit with prejudice. …

RICO: Res Judicata Based on State Court Mandamus Action — Dismissal without Prejudice of Some Claims Doesn’t Bar Appeal If They’re Time-Barred — Order Stipulated As to Form Concedes Only That Order Embodies Ruling — Undeveloped Arguments Waived

Scott v. Reif, 2016 U.S. App. LEXIS 16311 (6th Cir. Sept. 2, 2016): James and Helen Scott, owners of Best Way Auto Sales (Best Way), brought this action against a number of parties, alleging violations of 42 U.S.C. § 1983, the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. § 1962, and Michigan law. Defendants C ...

Removal: Does Filing a Voluntary Cross Claim in State Court Waive Right to Remove? — Circuit Split — Letter from Plaintiff Forwarding Unsigned, Unfiled Stip Dismissing Only Non-Diverse Defendant Triggers 30-Day Removal Period

Boggs v. Harris, 2016 U.S. Dist. LEXIS 177154 (W.D. Pa. Dec. 22, 2016): I. Introduction Pending before the court is a motion to remand filed by plaintiffs Roy Boggs and Annette Boggs ("plaintiffs"). (ECF No. 5.) On June 28, 2016, Defendants Darwin Harris ("Harris") and Gateway Tours, Inc. (& ...

Boggs v. Harris, 2016 U.S. Dist. LEXIS 177154 (W.D. Pa. Dec. 22, 2016): I. Introduction Pending before the court is a motion to remand filed by plaintiffs Roy Boggs and Annette Boggs ("plaintiffs"). (ECF No. 5.) On June 28, 2016,…

Rule 11 Sanctions—Even If Making Argument for Change in Law Is Futile Because Same Judge Has Rejected It in the Past, You Must Do So—Not Enough to Say You Plan to Appeal the Issue—No Duty to Anticipate/Respond to Affirmative Defense in Complaint

Foreman v. Wadsworth, 2016 U.S. App. LEXIS 22598 (7th Cir. Dec. 20, 2016): Anthony Foreman, who used to own a restaurant in Rockford, Illinois, brought this suit under 42 U.S.C. § 1983 and Illinois tort law. He alleged that a state prosecutor and four Rockford police officers conspired to push him out of business by bringing ...

Internet Evidence — Delaware Sup. Ct. Takes Judicial Notice Internet Searches Can Generate Reliable Info for Pleading Purposes (“As with Any Source of Information…The Internet Should Be Used with Care”) (Good Quote) — Derivative Pleading Rules

Sandys v. Pincus, 2016 Del. LEXIS 627 (Del. Sup. Ct. Dec. 5, 2016): I. This appeal in a derivative suit brought by a stockholder of Zynga, Inc. turns on whether the Court of Chancery correctly found that a majority of the Zynga board could impartially consider a demand and thus correctly dismissed the c ...

Sandys v. Pincus, 2016 Del. LEXIS 627 (Del. Sup. Ct. Dec. 5, 2016): I. This appeal in a derivative suit brought by a stockholder of Zynga, Inc. turns on whether the Court of Chancery correctly found that a majority …

Rule 16(f)/37 Sanctions — Default for Lack of Preparation for Pretrial Conference & Failure to Pay Prior 16(f) Sanction — Discretion Narrows as Severity Increases — No Testimony Needed for Default — Absent Prejudice, Due Process Violation Harmless

RDLG, LLC v. Leonard, 2016 U.S. App. LEXIS 9390 (4th Cir. May 23, 2016): RDLG, LLC ("RDLG") sued Fred M. Leonard, Jr. ("Leonard"), raising state law fraud claims. The district court1 entered default judgment in RDLG's favor as a sanction for Leonard's mis ...

RDLG, LLC v. Leonard, 2016 U.S. App. LEXIS 9390 (4th Cir. May 23, 2016): RDLG, LLC ("RDLG") sued Fred M. Leonard, Jr. ("Leonard"), raising state law fraud claims. The district court1 entered default judgment in RDLG's favor as a …

Texts Authenticated by Fact They Were Sent to / from Person with Unusual Name Very Similar to Defendant’s and by Contents — Do You Have to Be An Expert to Testify as to the Meaning of Abbreviations/Slang Used in Texts?

Jones v. State, 2016 Md. App. LEXIS 806 (Ct. Spec. App. Sept. 16, 2016): After a jury trial held in October 2014 in the Circuit Court for Kent County, Aredelle Jones ("Jones") was convicted of robbery, second-degree assault, theft, first-degree burglary, and nine counts of reckless endangerment. In addition, he was convicted ...

§ 1927 Sanctions — While A Complaint Is Not Sanctionable in Some Circuits under 1927 Because It Initiates the Proceedings, An Amended Complaint Is

R. Prasad Indus. v. Douglas, 2016 U.S. App. LEXIS 22388 (9th Cir. Dec. 16, 2016): MEMORANDUM* * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Frederic M. Douglas appeals the order of the distric ...

Does Rule 15(b)(2), Which Provides for Constructive Amendment of Complaint by Trying Issues Not Pled, Apply at Summary Judgment Stage? — Circuit Split

In re Vertis Holdings, Inc. (Riverside Acquisition Grp. LLC v. Vertis Holdings, Inc.), 2016 U.S. Dist. LEXIS 164745: 20. Riverside also invokes Fed. R. Civ. P. 15(b)(2),11 which permits constructive amendment of a complaint during and after trial when an issue not raised by ...

Commercial Litigation and Arbitration

Wayback Machine: Court Declines to Take Judicial Notice Because of Wayback Machine’s Disclaimer of Warranty of Accuracy — Res Judicata: Prior Judgment Bars More Detailed Allegations of Prejudgment Misconduct, But Not Post-Judgment Incidents

Sanctions: Rule 37/Inherent Power Dismissal for Bribing Witness — Rule 37 Extends to Hiding Evidence, Lying, Soliciting Lies — 7th Circuit Reverses Clear & Convincing Standard for Dismissal under Rule 37 (Circuit Split) — Gross Negligence May=Fault

RICO: Res Judicata Based on State Court Mandamus Action — Dismissal without Prejudice of Some Claims Doesn’t Bar Appeal If They’re Time-Barred — Order Stipulated As to Form Concedes Only That Order Embodies Ruling — Undeveloped Arguments Waived

Removal: Does Filing a Voluntary Cross Claim in State Court Waive Right to Remove? — Circuit Split — Letter from Plaintiff Forwarding Unsigned, Unfiled Stip Dismissing Only Non-Diverse Defendant Triggers 30-Day Removal Period

Rule 11 Sanctions—Even If Making Argument for Change in Law Is Futile Because Same Judge Has Rejected It in the Past, You Must Do So—Not Enough to Say You Plan to Appeal the Issue—No Duty to Anticipate/Respond to Affirmative Defense in Complaint

Internet Evidence — Delaware Sup. Ct. Takes Judicial Notice Internet Searches Can Generate Reliable Info for Pleading Purposes (“As with Any Source of Information…The Internet Should Be Used with Care”) (Good Quote) — Derivative Pleading Rules

Rule 16(f)/37 Sanctions — Default for Lack of Preparation for Pretrial Conference & Failure to Pay Prior 16(f) Sanction — Discretion Narrows as Severity Increases — No Testimony Needed for Default — Absent Prejudice, Due Process Violation Harmless

Texts Authenticated by Fact They Were Sent to / from Person with Unusual Name Very Similar to Defendant’s and by Contents — Do You Have to Be An Expert to Testify as to the Meaning of Abbreviations/Slang Used in Texts?

§ 1927 Sanctions — While A Complaint Is Not Sanctionable in Some Circuits under 1927 Because It Initiates the Proceedings, An Amended Complaint Is

Does Rule 15(b)(2), Which Provides for Constructive Amendment of Complaint by Trying Issues Not Pled, Apply at Summary Judgment Stage? — Circuit Split

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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