Complex Lit Blog

Facebook Messages Authenticated by Testimony That Sender Gave Recipient His Screen Name; Icon on That Facebook Page Resembles Sender; and Messages’ Contents Describing Events Known to Both

J.B. v. State, 2015 Ind. App. Unpub. LEXIS 736 (Ind. Ct. App. July 1, 2015): P1 J.B. appeals an adjudication that would constitute Theft, a class D felony,1 and Dangerous Possession of a Firearm, a class A misdemeanor2 if committed by an ...

J.B. v. State, 2015 Ind. App. Unpub. LEXIS 736 (Ind. Ct. App. July 1, 2015): P1 J.B. appeals an adjudication that would constitute Theft, a class D felony,1 and Dangerous Possession of a Firearm, a class A misdemeanor2…

Attorney’s Fees — Because Rule 54 Requires a Motion No Later Than 14 Days after Entry of Judgment, Motion May Be Filed Prior to Judgment — § 1927 Sanctions Require Conduct Akin to Bad Faith in 2d Circuit

16 Casa Duse, LLC v.Merkin, 2015 U.S. App. LEXIS 11053 (2d Cir. June 29, 2015): V. Fees and Sanctions Merkin and Reichman argue that the district court made legal errors in awarding fees and costs to Casa Duse under the Copyright Act, 17 U.S.C. § 505, and imposing sanctions against Reichman in the form of fees and costs under ...

Rule 12(g) Doesn’t Bar Defense Available on Earlier MTD If Court Didn’t Reach Merits — Failure to Perform Contract= RICO Injury — Corp + Subs ≠ Enterprise — Providing Services & Knowledge ≠ Operation & Mgmt. — Reliance, Good Quotes

In re Aetna UCR Litig., 2015 U.S. Dist. LEXIS 84600 (D.N.J. June 30, 2015): This matter comes before the Court on three separate motions: (1) plaintiffs' motion for leave to file a third amended consolidated complaint; (2) defendant Aetna's motion to dismiss the second and third amended consolidated complaint; and (3) the moti ...

Judicial Notice of Internet Evidence — Wayback Machine Credited over Party’s Submitted Evidence

Erickson v. Neb. Machinery Co., 2015 U.S. Dist. LEXIS 87417 (N.D. Cal. July 6, 2015): In this copyright infringement suit, plaintiffs Jim Erickson and his production company allege that defendant Nebraska Machinery Company displayed ten of his photos on its website without permission. *** 1

Sanctions — Summary Judgment Granting Inherent Power Sanctions Reversed — Factual Issues as to Whether There Was Bad Faith or Willful Misconduct Required Evidentiary Hearing — Improper to Make Factual Findings on SJ Where Facts Disputed

Konop v. BMK Hawaiian Airlines, Inc., 2015 U.S. App. LEXIS 11772 (9th Cir. July 8, 2015): Robert Konop appeals the district court's order affirming in part and vacating in part the bankruptcy court's award of sanctions against him. We have jurisdiction pursuant to 28 U.S.C. § 158(d)(1), see Congrejo Invs., LLC v. Mann ( ...

Text Authentication by Absence of Messages at Times Alleged Sender Is Indisposed, Name & Phone Number on Messages, Consistency of Content with Events in Alleged Sender’s Life

Matter of Detention of H.N., 2015 Wash. App. LEXIS 1433 (Wash. Ct. App. July 6, 2015): H.N. appeals the order committing her to involuntary treatment. The trial court did not abuse its discretion when it admitted as substantive evidence e-mailed screenshots of text messages that a medical expert used as part of her opinion testimony. ...

Privilege — Common Interest/Joint Defense — Existing Litigation Unnecessary — Party Asserting Privilege Need Not Put Forward Evidence Establishing the Details of a Joint Legal Strategy

Hanwha Azdel, Inc. v. C&D Zodiac, Inc., 2015 U.S. App. LEXIS 9602 (4th Cir. June 9, 2015): Finally, Azdel appeals the [*39] district court's denial of Azdel's motion to compel certain Crane documents that the district court deemed protected under the common interest privilege. We review factual findi ...

Hanwha Azdel, Inc. v. C&D Zodiac, Inc., 2015 U.S. App. LEXIS 9602 (4th Cir. June 9, 2015): Finally, Azdel appeals the [*39] district court's denial of Azdel's motion to compel certain Crane documents that the district court deemed protected under…

Rule 37 Sanctions — If Preclusion of Evidence in Practice Amounts to Dismissal of Claim, Willfulness, Bad Faith or Fault, and Other Prerequisites to Dismissal, Must Be Found

Toyrrific v. Karapetian, 2015 U.S. App. LEXIS 9170 (9th Cir. June 2, 2015): 2. However, the district court erred as a matter of law by excluding the damages evidence under Rule 37(c)(1). See R & R Sails, 673 F.3d at 1247. Here, excluding damages evidence was fatal to Toyrrific's claim. Appellees moved for summary ...

Inherent Power/§ 1927 Sanctions for Refusal to Sign Settlement & Prolonging Case — Attorney’s Fees Not Barred by Contract Provision — Abuse of Discretion (10th Cir.) — Good Quotes (Incl. Party’s “Diatribe”) — No Recusal for Judge’s Anger

Farmer v. Banco Popular of N. Am., 2015 U.S. App. LEXIS 11273 (10th Cir. June 30, 2015): This matter was previously before the Court on Plaintiff George Farmer's appeal from a district court order, in the nature of a mandatory injunction, directing Farmer to perform under the terms of a settlement agreement he reached with ...

Farmer v. Banco Popular of N. Am., 2015 U.S. App. LEXIS 11273 (10th Cir. June 30, 2015): This matter was previously before the Court on Plaintiff George Farmer's appeal from a district court order, in the nature of a mandatory …

Rule 11 — Suspension from Practice = “Nonmonetary” Sanction within 11(c)(4) — Bankruptcy Court Can Suspend — “Typical Federal Court Disposes of Hundreds of Cases Each Year—A Bankruptcy Court Disposes of Thousands” — Honesty Essential

In re Young (Young v Young), 2015 U.S. App. LEXIS 10158 (8th Cir. June 17, 2015): The bankruptcy court sanctioned attorney Kathy Cruz under Rule 9011 of the Federal Rules of Bankruptcy Procedure during her representation of a client, Jonathan Young. Cruz appeals the imposition of sanctions. For the reasons stated belo ...

In re Young (Young v Young), 2015 U.S. App. LEXIS 10158 (8th Cir. June 17, 2015): The bankruptcy court sanctioned attorney Kathy Cruz under Rule 9011 of the Federal Rules of Bankruptcy Procedure during her representation of a client, Jonathan …

Commercial Litigation and Arbitration

Facebook Messages Authenticated by Testimony That Sender Gave Recipient His Screen Name; Icon on That Facebook Page Resembles Sender; and Messages’ Contents Describing Events Known to Both

Attorney’s Fees — Because Rule 54 Requires a Motion No Later Than 14 Days after Entry of Judgment, Motion May Be Filed Prior to Judgment — § 1927 Sanctions Require Conduct Akin to Bad Faith in 2d Circuit

Rule 12(g) Doesn’t Bar Defense Available on Earlier MTD If Court Didn’t Reach Merits — Failure to Perform Contract= RICO Injury — Corp + Subs ≠ Enterprise — Providing Services & Knowledge ≠ Operation & Mgmt. — Reliance, Good Quotes

Judicial Notice of Internet Evidence — Wayback Machine Credited over Party’s Submitted Evidence

Sanctions — Summary Judgment Granting Inherent Power Sanctions Reversed — Factual Issues as to Whether There Was Bad Faith or Willful Misconduct Required Evidentiary Hearing — Improper to Make Factual Findings on SJ Where Facts Disputed

Text Authentication by Absence of Messages at Times Alleged Sender Is Indisposed, Name & Phone Number on Messages, Consistency of Content with Events in Alleged Sender’s Life

Privilege — Common Interest/Joint Defense — Existing Litigation Unnecessary — Party Asserting Privilege Need Not Put Forward Evidence Establishing the Details of a Joint Legal Strategy

Rule 37 Sanctions — If Preclusion of Evidence in Practice Amounts to Dismissal of Claim, Willfulness, Bad Faith or Fault, and Other Prerequisites to Dismissal, Must Be Found

Inherent Power/§ 1927 Sanctions for Refusal to Sign Settlement & Prolonging Case — Attorney’s Fees Not Barred by Contract Provision — Abuse of Discretion (10th Cir.) — Good Quotes (Incl. Party’s “Diatribe”) — No Recusal for Judge’s Anger

Rule 11 — Suspension from Practice = “Nonmonetary” Sanction within 11(c)(4) — Bankruptcy Court Can Suspend — “Typical Federal Court Disposes of Hundreds of Cases Each Year—A Bankruptcy Court Disposes of Thousands” — Honesty Essential

Recent Posts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

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