Complex Lit Blog

Judicial Notice of Internet Evidence — Inappropriate Ex Parte Factual Investigation by the Court vs. Sensible Recognition of Indisputable Facts

Jacko v. State, 2015 Alas. LEXIS 75 (Alaska Sup. Ct. July 17, 2015): I. INTRODUCTION Lake and Peninsula Borough voters passed an initiative prohibiting large-scale mining activities that have a "significant adverse impact" on anadromous waters within the Borough. Pebble Limited Partnership and [*2] ...

Jacko v. State, 2015 Alas. LEXIS 75 (Alaska Sup. Ct. July 17, 2015): I. INTRODUCTION Lake and Peninsula Borough voters passed an initiative prohibiting large-scale mining activities that have a "significant adverse impact" on anadromous waters within the Borough. Pebble…

Declaration Filed on Summary Judgment Is Work Product until Filed & Not a Discoverable “Document” But Contents Must Have Been Disclosed in Discovery

Chelan Cnty., Wash. v. Bank of Am., 2015 U.S. Dist. LEXIS 89414 (E.D. Wash. July 9, 2015): II. Evidentiary Issues A. Motion to Strike Declaration Plaintiff moves to strike the declaration of Lisa Stensgaard as a sanction for Defendant's alleged violation of discovery obligations. EC ...

Chelan Cnty., Wash. v. Bank of Am., 2015 U.S. Dist. LEXIS 89414 (E.D. Wash. July 9, 2015): II. Evidentiary Issues A. Motion to Strike Declaration Plaintiff moves to strike the declaration of Lisa Stensgaard as a sanction for Defendant's alleged…

Sanctions — Dismissal with Prejudice for Failure to Amend Complaint in Compliance with Judicial Instructions — Implicit Finding Lesser Sanctions Wouldn’t Suffice — Good Quotes on Need for Clear Pleadings, Seriousness of Filing Suit

Nurse v Sheraton Atlanta Hotel, 2015 U.S. App. LEXIS 11912 (11th Cir. July 10, 2015): Ronald A. Nurse, proceeding pro se, appeals the district court's sua sponte dismissal with prejudice of his amended complaint, which asserted 21 claims against the Sheraton Atlanta Hotel, Walden University, and two university em ...

Internet Chats — Party’s Statements Are Admissions and Unidentified Counterparties’ Statements Not Hearsay when Admitted to Provide Context for Party’s Statements

United States v. Beckman, 2015 U.S. App. LEXIS 12238 (6th Cir. July 13, 2015): III. Admission of Chats with Unidentified Individuals *** Beckman also claims that the chats with unidentified persons constituted inadmissible hearsay. But Beckman concedes he is jimmyab2010; thus hi ...

United States v. Beckman, 2015 U.S. App. LEXIS 12238 (6th Cir. July 13, 2015): III. Admission of Chats with Unidentified Individuals *** Beckman also claims that the chats with unidentified persons constituted inadmissible hearsay. But Beckman concedes he is jimmyab2010; …

Internet Evidence & Residual Hearsay Exception — Reliability — Wikipedia (No), Blogs (Not These) — “Considering the Trustworthiness of a Document Cannot Be Punted when Analyzing Admissibility” (Good Quotes)

Kagen v. Kagen, 2015 Mich. App. LEXIS 1385 (Mich. Ct. App. July 14, 2015): We previously remanded this matter to the circuit court for reconsideration of whether securing vaccinations for the parties' minor children was in the children's best interests. Kagen v Kagen, unpublished opinion per curiam of the Co ...

Kagen v. Kagen, 2015 Mich. App. LEXIS 1385 (Mich. Ct. App. July 14, 2015): We previously remanded this matter to the circuit court for reconsideration of whether securing vaccinations for the parties' minor children was in the children's best interests. …

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 ( ...

Commercial Litigation and Arbitration

Judicial Notice of Internet Evidence — Inappropriate Ex Parte Factual Investigation by the Court vs. Sensible Recognition of Indisputable Facts

Declaration Filed on Summary Judgment Is Work Product until Filed & Not a Discoverable “Document” But Contents Must Have Been Disclosed in Discovery

Sanctions — Dismissal with Prejudice for Failure to Amend Complaint in Compliance with Judicial Instructions — Implicit Finding Lesser Sanctions Wouldn’t Suffice — Good Quotes on Need for Clear Pleadings, Seriousness of Filing Suit

Internet Chats — Party’s Statements Are Admissions and Unidentified Counterparties’ Statements Not Hearsay when Admitted to Provide Context for Party’s Statements

Internet Evidence & Residual Hearsay Exception — Reliability — Wikipedia (No), Blogs (Not These) — “Considering the Trustworthiness of a Document Cannot Be Punted when Analyzing Admissibility” (Good Quotes)

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

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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