Complex Lit Blog

Inherent Power Sanctions — Barring Victim Who Defrauded Court-Supervised Settlement Fund from Collecting More and Ordering Return of All Received — Opportunity to Respond in Writing Satisfies Due Process — Implicit Inherent Power Sanction

In re Deepwater Horizon, 2016 U.S. App. LEXIS 6468 (5th Cir. Apr. 8, 2016): In 2014, Special Master Louis J. Freeh filed a motion with the district court overseeing the Deepwater Horizon settlement fund to have Capt Jay, LLC, and Jason Zirlott remit monetary amounts that they collected from the fund. Freeh argued that Capt Ja ...

RICO: Pyramid Scheme Is Per Se a Predicate Act — Foreseeability & Inference-Based Causation Theories — Class Actions: Plaintiff Needn’t Show Reliance on Mail Fraud, So No Individual Issues Preclude Finding Predominance

Torres v. S.G.E. Mgmt., LLC, 2016 U.S. App. LEXIS 17746 (5th Cir. Sept. 30, 2016) (en banc): The Plaintiffs-Appellees brought a civil action under the Racketeer Influenced [*3] and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, alleging that Stream Energy, through its multi-level marketing program, Ig ...

Judicial Notice of Internet Evidence — Postings on FDA Website: Materials Submitted to FDA as Required by Law, FDA Approval, Studies Cited in Complaint — Consideration Doesn’t Convert 12(b)(6) into Summary Judgment Motion

Caton v. Stryker Sustainability Solutions, Inc., 2015 U.S. Dist. LEXIS 181033 (C.D. Cal. May 12, 2015): Proceedings (In Chambers): Order GRANTING IN PART and DENYING IN PART Motion to Dismiss Before the Court is Defendants Corin Group PLC and Corin USA Limited's (collectively, "Corin Defendants ...

Caton v. Stryker Sustainability Solutions, Inc., 2015 U.S. Dist. LEXIS 181033 (C.D. Cal. May 12, 2015): Proceedings (In Chambers): Order GRANTING IN PART and DENYING IN PART Motion to Dismiss Before the Court is Defendants Corin Group PLC and Corin …

Circuit Splits — Good Quote: Circuit Split Perhaps Does Not Fully Describe the … State of Affairs. It Is More Like We Have Spun out of the Known Legal Universe…

Or. Restaurant & Lodging Ass’n v. Perez, 2016 U.S. App. LEXIS 16361 (9th Cir. Sept. 6, 2016) (8 judges dissenting from denial of rehearing en banc): Our court today rejects the most elemental teaching of administrative law: agencies exercise whatever powers they possess because--and only because--such powers have been delegated to t ...

Yelp Admissibility — Reviews Are Hearsay and Not Present Sense Impressions, But They Are Usable to Show Effect on Future Customers

Mathew Enter., Inc. v. Chrysler Grp. LLC, 2016 U.S. Dist. LEXIS 129925 (N.D. Cal. Sept. 21, 2016): Plaintiff Mathew Enterprise, Inc., a Chrysler, Jeep, Dodge, and Ram ("CJDR") dealer operating at Stevens Creek CJDR ("Stevens Creek") brings this action alleging that Defendant Chrysler Group LLC ("Chrysl ...

Mathew Enter., Inc. v. Chrysler Grp. LLC, 2016 U.S. Dist. LEXIS 129925 (N.D. Cal. Sept. 21, 2016): Plaintiff Mathew Enterprise, Inc., a Chrysler, Jeep, Dodge, and Ram ("CJDR") dealer operating at Stevens Creek CJDR ("Stevens Creek") brings this action alleging …

§ 1927 & Inherent Power Sanctions for Challenging Authenticity of Contract Counsel Has Copy Of — Bad Faith Silence to Admit Possession — Misconduct Aggravated Where Contract Electronic — $ Sanctions Not Limited to Loss

Dillon v. BMO Harris Bank, N.A., 2016 U.S. Dist. LEXIS 135219 (M.D.N.C. Sept. 30, 2016): This is a civil RICO lawsuit arising out of online loans the plaintiff, James Dillon, received at predatory interest rates. One of the defendants, Generations Community Federal Credit Union, has moved to sanction plaintiff's counsel pursuant t ...

Sanctions Certiorari Grant by Supreme Court

On September 29, 2016, the Supreme Court granted cert on the following question: Is a federal court required to tailor compensatory civil sanctions imposed under inherent powers to harm directly caused by sanctionable misconduct when the court does not afford sanctioned parties the protections of criminal due process? No.

28 USC § 1782 — A Foreign Bankruptcy Proceeding Is Within The Scope of § 1782

SUMMARY ORDER In re Ex Parte Application of Gissin, 2016 U.S. App. LEXIS 9131 (2d Cir. May 17, 2016): ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby is AFFIRMED. Alan Freedman, Moore Capital Ma ...

SUMMARY ORDER In re Ex Parte Application of Gissin, 2016 U.S. App. LEXIS 9131 (2d Cir. May 17, 2016): ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby…

Deposition Errata Sheets — May Deponent Change Substance of Testimony or Make Only Non-Substantive Corrections? — Circuit Split

Maynard v. Stonington Community Ctr., 2016 U.S. Dist. LEXIS 64982 (D. Conn. May 17, 2016): "The circuits are split as to the scope [*2] of permissible changes that may be made to a deposition transcript under Rule 30(e) . . . . Some courts have held that the only changes permitted by Rule 30(e) are non-substantive in na ...

Maynard v. Stonington Community Ctr., 2016 U.S. Dist. LEXIS 64982 (D. Conn. May 17, 2016): "The circuits are split as to the scope [*2] of permissible changes that may be made to a deposition transcript under Rule 30(e) . . …

Judicial Notice of Internet Evidence — Judicial Notice of Non-Governmental Internet Publications Limited to Their Existence — Statements Not Considered for Their Truth

Platt v. Bd. of Comm’rs on Grievances and Discipline, 2016 U.S. Dist. LEXIS 131423 (S.D. Ohio Sept. 26, 2016): This matter is before the Court upon Plaintiffs' Motion for Partial Summary Judgment (Doc. 50) and Defendants' Cross Motion for Partial Summary Judgment (Doc. 56). These motions have been fully briefed. (Docs. 55, 6 ...

Commercial Litigation and Arbitration

Inherent Power Sanctions — Barring Victim Who Defrauded Court-Supervised Settlement Fund from Collecting More and Ordering Return of All Received — Opportunity to Respond in Writing Satisfies Due Process — Implicit Inherent Power Sanction

RICO: Pyramid Scheme Is Per Se a Predicate Act — Foreseeability & Inference-Based Causation Theories — Class Actions: Plaintiff Needn’t Show Reliance on Mail Fraud, So No Individual Issues Preclude Finding Predominance

Judicial Notice of Internet Evidence — Postings on FDA Website: Materials Submitted to FDA as Required by Law, FDA Approval, Studies Cited in Complaint — Consideration Doesn’t Convert 12(b)(6) into Summary Judgment Motion

Circuit Splits — Good Quote: Circuit Split Perhaps Does Not Fully Describe the … State of Affairs. It Is More Like We Have Spun out of the Known Legal Universe…

Yelp Admissibility — Reviews Are Hearsay and Not Present Sense Impressions, But They Are Usable to Show Effect on Future Customers

§ 1927 & Inherent Power Sanctions for Challenging Authenticity of Contract Counsel Has Copy Of — Bad Faith Silence to Admit Possession — Misconduct Aggravated Where Contract Electronic — $ Sanctions Not Limited to Loss

Sanctions Certiorari Grant by Supreme Court

28 USC § 1782 — A Foreign Bankruptcy Proceeding Is Within The Scope of § 1782

Deposition Errata Sheets — May Deponent Change Substance of Testimony or Make Only Non-Substantive Corrections? — Circuit Split

Judicial Notice of Internet Evidence — Judicial Notice of Non-Governmental Internet Publications Limited to Their Existence — Statements Not Considered for Their Truth

Recent Posts

RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

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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