Complex Lit Blog

Rule 11 Sanctions — Vexatious Litigant Restrictions Imposed on Pro Ses Who Filed 3rd Case after 2 Dismissed as Not Properly in Federal Court — Bad Faith Not Essential — OK to Rely on Filings in Other (State) Court to Find Current Filing Sanctionable

Preston v. CitiMortgage, Inc., 2016 U.S. App. LEXIS 190 (10th Cir. Jan. 7, 2016): Isaiah Preston, Jr. and Donetta Preston appeal from the district court's dismissal of their federal lawsuit and imposition of filing restrictions. [*2] Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. ...

Judicial Notice of Internet Evidence — State Agency Regulations (Hunting Policies) from Agency Website

Safari Club Int’l v. Harris, 2016 U.S. Dist. LEXIS 1349 (E.D. Cal. Jan. 5, 2016): Plaintiff states in its FAC: "In this lawsuit, Plaintiff . . . challenges the State of California's [statutory] ban on the importation, transportation, and possession in California of mountain lions hunted outside of California" (referred ...

Should Class Certification Be Decided Before Standing? Circuit Split

Richards v. Direct Energy Servs., LLC, 2015 U.S. Dist. LEXIS 157071 (D. Conn. Nov. 20, 2015): 1 The Court notes that there appears to be a Circuit split between the Seventh and Second Circuit on the issue of whether class certification should be decided before standing. See 6803 Boulevard East, LLC v. DIRECTV, ...

Richards v. Direct Energy Servs., LLC, 2015 U.S. Dist. LEXIS 157071 (D. Conn. Nov. 20, 2015): 1 The Court notes that there appears to be a Circuit split between the Seventh and Second Circuit on the issue of whether class …

Facebook Messages Authenticated by Fact They Were Sent to/from Defendant’s Account, His Instructions to Witness to Delete Some of Them and His Acting in Accordance with Plans Exchanged in Them

People v. Holwerda, 2015 Mich. App. LEXIS 2310 (Mich. Ct. App. Dec. 10, 2015): Following a jury trial, defendant was convicted of three counts of third-degree criminal sexual conduct (CSC-III), MCL 750.520d(1)(a) (sexual penetration with a victim between 13 and 16 years of age). The trial court sentenced defendant as an habit ...

RICO — Neither Shareholder Nor Creditor Has Standing to Sue for Injuries Resulting from Injury Sustained in First Instance by Corporation

Harris v. Orange S.A., 2015 U.S. App. LEXIS 22905 (11th Cir. Dec. 30, 2015): Marcia Harris appeals the district court's dismissal of her complaint against Orange Business Services U.S., Inc. ("OBS"), a Delaware corporation located in Georgia; Orange S.A. ("Orange"), a corporation located in France; Almerys S.A. ...

Email/Texts — Texts Authenticated by Fact They Were Downloaded from Cell on Defendant’s Person (Even Though Registered to & Sometimes Use by Another), Refer to Him by First Name and Concern Drugs of Sort Possessed by Him — Texts Then = Admissions

Glispie v. State, 2015 Ga. App. LEXIS 748 (Ga. Ct. App. Nov. 20, 2015): In connection with a traffic stop, Jaylend Glispie was convicted of violating the Georgia Controlled Substances Act for possession with intent to distribute cocaine and 3, 4-methylenedioxymethcathinone (methylone) (2 counts),1 obstructi ...

Glispie v. State, 2015 Ga. App. LEXIS 748 (Ga. Ct. App. Nov. 20, 2015): In connection with a traffic stop, Jaylend Glispie was convicted of violating the Georgia Controlled Substances Act for possession with intent to distribute cocaine and 3,…

Spoliation Sanctions — Default Judgment — Calculating Reasonable Damages When Essential Evidence Has Been Spoliated — New Argument May Be Considered on Appeal If It Is Purely Legal, Requires No New Facts or Manifest Injustice Would Result

Peter Kiewit Sons’, Inc. v. Wall Street Equity Grp., Inc., 2016 U.S. App. LEXIS 52 (8th Cir. Jan. 6, 2016): This appeal arises out of a trademark infringement suit filed by Peter Kiewit Sons', Inc., in which the district court1 first entered a default against the defendants as ...

Peter Kiewit Sons’, Inc. v. Wall Street Equity Grp., Inc., 2016 U.S. App. LEXIS 52 (8th Cir. Jan. 6, 2016): This appeal arises out of a trademark infringement suit filed by Peter Kiewit Sons', Inc., in which the district court…

Email Admissibility — Read Receipt Probably Not Statement But, If So, Is An Admission — Reliability Not at Issue Where Issuer Admits Receipt of Underlying Email and Recipient Testifies She Received Receipt from Issuer’s Address

Fox v. Leland Volunteer Fire/Rescue Dept., Inc., 2015 U.S. Dist. LEXIS 30583 (E.D.N.C. Mar. 11, 2015): Plaintiff, formerly a paid lieutenant with defendant Leland Volunteer Fire and Rescue Department ("Leland") from June 2008, until January 2011, commenced this action by complaint dated December 21, 2012. Plaintiff sues defe ...

Judicial Notice of Internet Evidence — Court Records as Reflected on Westlaw

Uncapher v. Berghuis, 2015 U.S. Dist. LEXIS 21696 (E.D. Mich. Feb. 24, 2015): 1 Although neither party informed this Court of petitioner's 2008 habeas petition in the Western District of Michigan, the Court learned about the case while searching Westlaw's website to obtain citations for petitioner's state court app ...

Uncapher v. Berghuis, 2015 U.S. Dist. LEXIS 21696 (E.D. Mich. Feb. 24, 2015): 1 Although neither party informed this Court of petitioner's 2008 habeas petition in the Western District of Michigan, the Court learned about the case while searching Westlaw's …

Email Evidence — Circumstantial Authentication (7th Circuit)

Finnegan v. Myers, 2015 U.S. Dist. LEXIS 119517 (N.D. Ind. Sept. 8, 2015): This matter is before the Court on Defendant Laskey's Motion for Summary Judgment, filed by Defendant, Antoinette Laskey, on October 6, 2014 (DE #195), and Defendant Laskey's Motion to Strike Inadmissible Testimony and Documents from Plaintiffs' Des ...

Commercial Litigation and Arbitration

Rule 11 Sanctions — Vexatious Litigant Restrictions Imposed on Pro Ses Who Filed 3rd Case after 2 Dismissed as Not Properly in Federal Court — Bad Faith Not Essential — OK to Rely on Filings in Other (State) Court to Find Current Filing Sanctionable

Judicial Notice of Internet Evidence — State Agency Regulations (Hunting Policies) from Agency Website

Should Class Certification Be Decided Before Standing? Circuit Split

Facebook Messages Authenticated by Fact They Were Sent to/from Defendant’s Account, His Instructions to Witness to Delete Some of Them and His Acting in Accordance with Plans Exchanged in Them

RICO — Neither Shareholder Nor Creditor Has Standing to Sue for Injuries Resulting from Injury Sustained in First Instance by Corporation

Email/Texts — Texts Authenticated by Fact They Were Downloaded from Cell on Defendant’s Person (Even Though Registered to & Sometimes Use by Another), Refer to Him by First Name and Concern Drugs of Sort Possessed by Him — Texts Then = Admissions

Spoliation Sanctions — Default Judgment — Calculating Reasonable Damages When Essential Evidence Has Been Spoliated — New Argument May Be Considered on Appeal If It Is Purely Legal, Requires No New Facts or Manifest Injustice Would Result

Email Admissibility — Read Receipt Probably Not Statement But, If So, Is An Admission — Reliability Not at Issue Where Issuer Admits Receipt of Underlying Email and Recipient Testifies She Received Receipt from Issuer’s Address

Judicial Notice of Internet Evidence — Court Records as Reflected on Westlaw

Email Evidence — Circumstantial Authentication (7th Circuit)

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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