Complex Lit Blog

(1) Rule 37 Sanctions: Court’s Discretion Narrows As the Severity of the Sanction Increases; (2) Party Does Not Waive Personal Jurisdiction Defense by Moving to Set Aside Default

Hawkeye Gold, LLC v. China Nat'l Materials Indus. Imp. & Exp. Corp., 2023 U.S. App. LEXIS 33531 (8th Cir. Dec. 19, 2023) Appellant Hawkeye Gold, LLC, an Iowa-based seller of livestock feed, brought this action ...

Hawkeye Gold, LLC v. China Nat’l Materials Indus. Imp. & Exp. Corp., 2023 U.S. App. LEXIS 33531 (8th Cir. Dec. 19, 2023) Appellant Hawkeye Gold, LLC, an Iowa-based seller of livestock feed, brought this action against China National Materials Industry…

Good Cause Requirement of Fed. R. Civ. P. 16(b) to Modify Scheduling Order Applies to Deadlines in District Judge’s Individual Rules and Practices — Here, Untimely Challenge to Expert Testimony

Tr. for the Liquidation of Bernard L. Madoff Inv. Sec. LLC v. Rar Entrepreneurial Fund, Ltd.. (In re Bernard L. Madoff Inv. Sec. LLC), 2023 U.S. App. LEXIS 33544 (2d Cir. Dec. 19, 2023): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGE ...

Inherent Power Sanctions/Due Process/Vexatious Litigant Injunction: (1) Pro Se Status Relevant to Considering Whether Due Process Issue Waived Due to Failure to Assert; (2) Party Has a Right to Notice That a Vexatious Litigant Injunction Is Under Consideration and an Opportunity to Be Heard; (3) Prior Warnings of Frivolousness from Other Courts Does Not Afford Notice That Party Is at Risk of Sanction in Present Court (i.e., Distinguishing Notice of Frivolousness from Due Process Notice of Risk of Sanction)

Allen v. United States, 2023 U.S. App. LEXIS 33380 (Fed. Cir. Dec. 28, 2023) Per Curiam. *1 Derrick Allen filed a pro se complaint in the Court of Federal Claims alleging that the Clerk’s Office in the ...

Allen v. United States, 2023 U.S. App. LEXIS 33380 (Fed. Cir. Dec. 28, 2023) Per Curiam. *1 Derrick Allen filed a pro se complaint in the Court of Federal Claims alleging that the Clerk’s Office in the United States District…

(1) Party May Simultaneously Claim Privilege And Dispute Document’s Authenticity; (2) No Per Se Waiver Rule When Privilege Log Is Not Produced; (3) Fact Opponent Actually Possesses Challenged Documents Significantly Affects Log Analysis; (4) Inherent Power Sanctions: Ninth Circuit Factors

Mayorga v. Ronaldo, 2023 U.S. App. LEXIS 30921 (9th Cir. Nov. 21, 2023) (unpublished): MEMORANDUM* In 2010, Defendant-Appellee Cristiano Ronaldo ("Ronaldo") ...

Mayorga v. Ronaldo, 2023 U.S. App. LEXIS 30921 (9th Cir. Nov. 21, 2023) (unpublished): MEMORANDUM* In 2010, Defendant-Appellee Cristiano Ronaldo (“Ronaldo”) settled a sexual assault claim made against him by Plaintiff-Appellant Kathryn Mayorga (“Mayorga”). The matter lay dormant until…

Appeals: “When A District Court Lists Several Reasons For Taking A Certain Action, And One Of The Reasons Is Flawed, The District Court’s Decision Should Still Be Upheld If Other Reasons Support The Ruling” (Good Quote)

Baker v. Meiling, 2023 U.S. App. LEXIS 33042 (9th Cir. Dec. 14, 2023) (unpublished): MEMORANDUM* Appellants—a [*3] proposed ...

Baker v. Meiling, 2023 U.S. App. LEXIS 33042 (9th Cir. Dec. 14, 2023) (unpublished): MEMORANDUM* Appellants—a [*3] proposed class of elderly investors in a metal-coatings company—appeal from the district court’s order awarding attorneys’ fees to Appellees and sanctioning…

(1) Diversity Jurisdiction: Allegations of Residency May Be Corrected by Letter to Establish Citizenship under 28 U.S.C. § 1653; (2) Rule 37(c)(1) Sanctions Excluding Expert Report — Fifth Circuit Factors; (3) Rule of Orderliness: One Panel May Not Overturn Another’s Decision Absent Intervening Change in Law; (4) Modest Prejudice from Late Expert Disclosure Sufficient to Sustain Exclusion; (5) Defaulting Party’s Refusal to Consent to Adjournment of Expert Deadlines Properly Considered in Exclusion Analysis; (6) Good Quote: “Because Of A Trial Court’s Need To Control Its Docket, A Party’s Violation Of The Court’s Scheduling Order Should Not Routinely Justify A Continuance”

Stewart v. Gruber, 2023 U.S. App. LEXIS 33127 (5th Cir. Dec. 14, 2023) (unpublished) Per Curiam:* Plaintiffs1 a ...

Stewart v. Gruber, 2023 U.S. App. LEXIS 33127 (5th Cir. Dec. 14, 2023) (unpublished) Per Curiam:* Plaintiffs1 appeal from two interrelated district court orders: (1) the exclusion of their expert’s reports and testimony, [*2] and (2) the grant…

Rule 37/Contempt/Dismissal Discovery Sanctions: (1) Magistrate Judge Must Refer Contempt Charges to District Court Except When Exercising Consent Jurisdiction; (2) Dismissal Requires Willfulness, Bad Faith or Fault; (3) Dismissal Factors (10th Circuit); (4) Fees And Expenses For Entire Deposition OK Where Party So Obstructed Deposition As To Render It Entirely Useless Because Case Dismissed — District Judge Not Required to Further Apportion Fees and Expenses for Obstructed Part

Xingfei Luo v. Paul Wang, 2023 U.S. App. LEXIS 32882 (10th Cir. Dec. 13, 2023): ORDER AND JUDGMENT*

Xingfei Luo v. Paul Wang, 2023 U.S. App. LEXIS 32882 (10th Cir. Dec. 13, 2023): ORDER AND JUDGMENT* Paul J. Kelly, Jr. Circuit Judge *1 Xingfei Luo brought this action against Paul Wang asserting various defamation-related claims. After a magistrate …

Rule 11 & The PSLRA: (1) Sanctions Order Is Not Appealable Until The Award Amount of the Award (The Relief) Is Finalized; (2) Issue Abandoned on Appeal by Failing to Provide Supporting Arguments Explaining Error; (3) Rule 11 Sanctions Under PSLRA Reviewed for Abuse of Discretion; (4) PSLRA Requires District Court to Make Findings As to Each Party’s and Each Attorney’s Compliance with Rule 11(b); (5) PSLRA Mandates Presumptive Award of Attorney’s Fees If Complaint Fails to Comply with Rule 11(b); (6) Presumption Rebutted by Proof the Award (a) Would Impose Unreasonable Burden on Plaintiff, (b) Would Be Unjust; (c) If Not Entered, Would Not Impose A Greater Burden on the Aggrieved Party; or (d) The Violation of Rule 11(b) Was De Minimis; (7) Even If Presumption Rebutted, Court Must Award Other Appropriate Sanctions

Meide v. Pulse Evolution Corp., 2023 U.S. App. LEXIS 32938 (11th Cir. Dec. 13, 2023): PER CURIAM: Plaintiff Scott Meide, proceeding pro se, appeals the district court's orders imposing sanctions under the

Meide v. Pulse Evolution Corp., 2023 U.S. App. LEXIS 32938 (11th Cir. Dec. 13, 2023): PER CURIAM: Plaintiff Scott Meide, proceeding pro se, appeals the district court’s orders imposing sanctions under the Private Securities Litigation Reform Act (“PSLRA”), 15 U.S.C. …

Under FRAP 38, Counsel Alone May Be Sanctioned for a Frivolous Appeal — Knowledge of Frivolousness Properly Imputed from Prior Cases Handled by Counsel — $5,000 Financial Sanction Ordered Paid to Opponent (No Discussion of Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101 (2017))

Uyanik v. Wawanesa Gen. Ins. Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023) (unpublished) MEMORANDUM* Appellant Ali Uyanik appeals1 fro ...

Uyanik v. Wawanesa Gen. Ins. Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023) (unpublished) MEMORANDUM* Appellant Ali Uyanik appeals1 from the district court’s order dismissing his First Amended Complaint against Appellee Wawanesa General Insurance Company…

Rule 16(f) Sanctions: (1) Party Is Entitled to Notice of the Sanctions Power Under Consideration, Reasons Sanctions Are Being Considered, and the Form of Potential Sanctions; (2) Nonetheless, Sanctions Will Be Upheld Absent Explicit Notice of the Precise Legal Authority Relied On Where The Record Shows There Was Notice of The Sanctionable Conduct and The Factors The Court Would Consider — Here, Effectively Notice of the Precise Power under Consideration; (3) Attendance at CLE Courses Is A Permissible Sanction

Med. Tech. Assocs. II Inc. v. Rausch, 2023 WL 8451222 (3d Cir. Dec. 6, 2023) (unpublished) OPINION* Jonathan G. Graves appeals the District Court’s orders imposing sanctions against him. For the following reasons, we will affirm the District Court’s orders. I Graves represented Plaintiff Medical Tec ...

Commercial Litigation and Arbitration

(1) Rule 37 Sanctions: Court’s Discretion Narrows As the Severity of the Sanction Increases; (2) Party Does Not Waive Personal Jurisdiction Defense by Moving to Set Aside Default

Good Cause Requirement of Fed. R. Civ. P. 16(b) to Modify Scheduling Order Applies to Deadlines in District Judge’s Individual Rules and Practices — Here, Untimely Challenge to Expert Testimony

(1) Party May Simultaneously Claim Privilege And Dispute Document’s Authenticity; (2) No Per Se Waiver Rule When Privilege Log Is Not Produced; (3) Fact Opponent Actually Possesses Challenged Documents Significantly Affects Log Analysis; (4) Inherent Power Sanctions: Ninth Circuit Factors

Appeals: “When A District Court Lists Several Reasons For Taking A Certain Action, And One Of The Reasons Is Flawed, The District Court’s Decision Should Still Be Upheld If Other Reasons Support The Ruling” (Good Quote)

Under FRAP 38, Counsel Alone May Be Sanctioned for a Frivolous Appeal — Knowledge of Frivolousness Properly Imputed from Prior Cases Handled by Counsel — $5,000 Financial Sanction Ordered Paid to Opponent (No Discussion of Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101 (2017))

Recent Posts

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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