Complex Lit Blog

Court May Take Judicial Notice of Document Filed in Another Case Not for the Truth of the Matters Asserted But Only to Establish Fact of Filing and What Is Asserted — Judicial Estoppel: Factors

United States v. First Am. Title Ins. Co., 2016 U.S. Dist. LEXIS 175617 (N.D. Ill. Dec. 20, 2016): II. Judicial Estoppel Patel also argues that the doctrine of judicial estoppel bars the SBA from bringing this action. Judicial estoppel "generally prevents a party from prevailing in one phase of a c ...

United States v. First Am. Title Ins. Co., 2016 U.S. Dist. LEXIS 175617 (N.D. Ill. Dec. 20, 2016): II. Judicial Estoppel Patel also argues that the doctrine of judicial estoppel bars the SBA from bringing this action. Judicial estoppel "generally …

Arbitration — If Complaint/Supporting Docs Unclear on Agreement to Arbitrate, Motion to Compel Should Follow Discovery, Be Decided under SJ Standard — While Continuing to Work after ADR Policy May=Consent to Arbitrate, Not So If Employee Dissents

Scott v Education Mgmt. Corp., 2016 U.S. App. LEXIS 18662 (3d Cir. Oct. 18, 2016): In these consolidated appeals, two former employees of the Education Management Corporation ("EDMC") appeal from orders dismissing their separate claims of discrimination. The employees -- Michael Scott [*2] and Lamont Jones ...

RICO/9(b): Where Many Sued, Complaint Need Not Necessarily ID False Statements by Each But Conclusory Conspiracy Claim Not Enough — Each’s Role Must Be ID’ed; Collective Action OK If All Did Same Thing — Basis for Belief (Info+B) Must Be Stated

Puri v. Khalsa, 2017 U.S. App. LEXIS 287 (9th Cir. Jan. 6, 2017): * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The plaintiffs, individually and on behalf of Unto Infinity, LLC (UI), and Siri Singh Sahib Corporation (SSSC), brought claims al ...

Puri v. Khalsa, 2017 U.S. App. LEXIS 287 (9th Cir. Jan. 6, 2017): * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The plaintiffs, individually and on behalf of …

Video Evidence Should Be Reviewed by the Court In Camera before It Is Displayed to Jury — Fact That Attorney Referred Plaintiff to Physician Is Relevant, Admissible — Fact Plaintiff’s Counsel Advertises Excluded

Ernestine v. Hi-Vac LLC, 2016 U.S. Dist. LEXIS 141290 (S.D. Miss. Oct. 12, 2016): This matter is before the Court on the Motion in Limine [143] filed by Plaintiff Lionel Ernestine ("Plaintiff"), and the Motion in Limine [147] filed by Defendant [*2] Hi-Vac LLC ("Defendant"). Aft ...

Arbitration — Does the FAA Authorize Arbitrators to Issue Deposition Subpoenas Duces Tecum or Must a Hearing Be Held? — Circuit Split

McTammany v. Foundation Capital Partners LP, 2015 U.S. Dist. LEXIS 183559 (C.D. Cal. May 1, 2015): PROCEEDINGS (IN CHAMBERS): ORDER DENYING MOTION TO COMPEL DEPOSITION OF KELLY HOLOWATY [1] Before the Court is Plaintiffs' Motion to Compel Deposition of Kelly Holowaty (Dkt. 1). The Court finds this matter ap ...

McTammany v. Foundation Capital Partners LP, 2015 U.S. Dist. LEXIS 183559 (C.D. Cal. May 1, 2015): PROCEEDINGS (IN CHAMBERS): ORDER DENYING MOTION TO COMPEL DEPOSITION OF KELLY HOLOWATY [1] Before the Court is Plaintiffs' Motion to Compel Deposition of Kelly…

§ 1927 Sanctions: Once It Is Obvious An Asserted Position Has No Basis, Continuing to Assert It Exposes Counsel to Sanctions — The Court Aims To Resolve This Dispute, Not To Litigate The Same Points Ad Infinitum (Good Quotes)

Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., 2017 U.S. Dist. LEXIS 1187 (N.D. Ind. Jan. 4, 2017): Hartford Iron doesn't like the way Valley Forge has performed on its contract. After three motions to dismiss, numerous excess parties and numerous excess claims, what remains of Hartford Iron's counterclaim is an alleged ...

Removal: May a Non-Forum Defendant Remove before Service Is Effected on a Forum Defendant? — Circuit Split — Held, a Forum Defendant May Remove before It Has Been Served Even If There Are No Non-Forum Defendants

Hwang v. Gladden, 2016 U.S. Dist. LEXIS 177479 (M.D. Ala. Dec. 21, 2016): This matter is before the court on plaintiffs' motion to remand (Doc. 9), which is opposed by defendants Brent Gladden and University Real Estate Group, LLC (collectively, "defendants"). This case was initially assigned to the undersigned as presid ...

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 ...

Commercial Litigation and Arbitration

Court May Take Judicial Notice of Document Filed in Another Case Not for the Truth of the Matters Asserted But Only to Establish Fact of Filing and What Is Asserted — Judicial Estoppel: Factors

Arbitration — If Complaint/Supporting Docs Unclear on Agreement to Arbitrate, Motion to Compel Should Follow Discovery, Be Decided under SJ Standard — While Continuing to Work after ADR Policy May=Consent to Arbitrate, Not So If Employee Dissents

RICO/9(b): Where Many Sued, Complaint Need Not Necessarily ID False Statements by Each But Conclusory Conspiracy Claim Not Enough — Each’s Role Must Be ID’ed; Collective Action OK If All Did Same Thing — Basis for Belief (Info+B) Must Be Stated

Video Evidence Should Be Reviewed by the Court In Camera before It Is Displayed to Jury — Fact That Attorney Referred Plaintiff to Physician Is Relevant, Admissible — Fact Plaintiff’s Counsel Advertises Excluded

Arbitration — Does the FAA Authorize Arbitrators to Issue Deposition Subpoenas Duces Tecum or Must a Hearing Be Held? — Circuit Split

§ 1927 Sanctions: Once It Is Obvious An Asserted Position Has No Basis, Continuing to Assert It Exposes Counsel to Sanctions — The Court Aims To Resolve This Dispute, Not To Litigate The Same Points Ad Infinitum (Good Quotes)

Removal: May a Non-Forum Defendant Remove before Service Is Effected on a Forum Defendant? — Circuit Split — Held, a Forum Defendant May Remove before It Has Been Served Even If There Are No Non-Forum Defendants

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

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

Archives

New York Office