Complex Lit Blog

Rule 37 Sanctions — Default Judgment Drastic But Useful If Confronted with “Obstructionist Adversary” — Abuse of Discretion Standard “Not Appellant-Friendly” (Good Quotes) — 1st Circuit Rule 37 Factors

Angiodynamics, Inc. v. Biolitec AG, 2015 U.S. App. LEXIS 3802 (1st Cir. Mar. 11, 2015): In this appeal, Defendants challenge the district court's exercise of personal jurisdiction over certain defendants, the denial of their motions to dismiss, and the entry of default judgment and a damages award against them as a sanction for di ...

Facebook: Defendant’s Posting Communications to Victim, Not a Facebook Friend, on His Own Public Notes Page = Stalking, Witness Tampering, Violated TRO Barring Contact with Victim — Fact Victim Voluntarily Accessed Notes No Defense

State v. Craig, 2015 N.H. LEXIS 13 (N.H. Sup. Ct. Feb. 12, 2015): Following a jury trial in Superior Court (Delker, J.), the defendant, Brian Craig, was convicted on one count of criminal threatening, RSA 631:4 (Supp. 2014); one count of witness tampering, RSA 641:5 (2007); and one count of stalking, RSA ...

State v. Craig, 2015 N.H. LEXIS 13 (N.H. Sup. Ct. Feb. 12, 2015): Following a jury trial in Superior Court (Delker, J.), the defendant, Brian Craig, was convicted on one count of criminal threatening, RSA 631:4 (Supp. 2014); one count …

Instant Message Authenticated by Proof of Person’s Screen Name and Reply Letter Doctrine, Plus No Evidence Anyone Had Motive or Opportunity to Impersonate — Voicemail Authenticated by Witness Who Recognizes Voice

People v. Pierre, 41 A.D.3d 289,; 838 N.Y.S.2d 546 (1st Dept.), appeal denied, 9 NY3d 880, 874 NE2d 759, 842 NYS2d 792 (2007): Judgment, Supreme Court, New York County (James A. Yates, J.), rendered May 12, 2005, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 year ...

Wayback Machine — Authenticating Affidavit from Internet Archive Employee Sufficient to Raise Genuine Issue of Material Fact as to When Image First Published

Foster v. Rodriguez, 2015 U.S. Dist. LEXIS 22590 (S.D.N.Y. Feb. 25, 2016): The question, then, is whether there is a genuine dispute of material fact as to when the photograph was first published. Defendants offer Lee's declaration and a supplemental internet search as evidence that the photograph appeared on one of Lashp ...

Foster v. Rodriguez, 2015 U.S. Dist. LEXIS 22590 (S.D.N.Y. Feb. 25, 2016): The question, then, is whether there is a genuine dispute of material fact as to when the photograph was first published. Defendants offer Lee's declaration and a supplemental …

Rule 68 Offer of Judgment — In Second Circuit, Offer Moots Case If Court Enters Judgment in Plaintiff’s Favor Per Offer or Otherwise Enforces Offer’s Terms — Defendant Can Move to Enter Mooting Judgment over Plaintiff’s Objection

Nicholson v. Allied Interstate, LLC, 2015 U.S. Dist. LEXIS 29043 (E.D.N.Y. Mar. 10, 2015): Plaintiff Richard Nicholson ("plaintiff") brings this action against Allied Interstate, LLC ("Allied") and iQor, Inc. ("iQor") (collectively, "defendants"), asserting claims under the Fair Debt Collection ...

Inherent Power Sanctions — Failure to Prepare 3d Party 30(b)(6) Witness to Testify Fully at Trial after All Employees Assert 5th= Bad Faith — Waiver by Adversary Irrelevant to Sua Sponte Sanctions — Meaning of Abuse of Discretion (11th Circuit)

Sciarretta v. Lincoln Nat’l Life Ins. Co., 2015 U.S. App. LEXIS 2864 (11th Cir. Feb. 26, 2015): J. Alfred Prufrock saw the moment of his greatness flicker and the eternal footman hold his coat and snicker.1 If there had been an insurance policy on his life like the one that gave rise to this case, Prufrock might have seen ...

Judicial Notice of Internet Evidence — Admissions — Court Takes Notice of Website of Firm Seeking Attorney’s Fees For Biographical Information to Assess Reasonableness of Hourly Rates Sought

In re Reynolds, 2015 Bankr. LEXIS 732 (Bankr. C.D. Cal. Mar. 9, 2015): Hourly Rate Charged Reynolds seeks an award of reasonable attorneys' fees based on an hourly rate of $400 per hour. Raymond Rengo ("Rengo") testified in support of the request: ...

In re Reynolds, 2015 Bankr. LEXIS 732 (Bankr. C.D. Cal. Mar. 9, 2015): Hourly Rate Charged Reynolds seeks an award of reasonable attorneys' fees based on an hourly rate of $400 per hour. Raymond Rengo ("Rengo") testified in support of …

14th Anniversary of Firm

March 17, 2015, marks the 14th anniversary of the Firm's opening in New York. The London office was formed as Hage Aaronson on March 4, 2013. ...

March 17, 2015, marks the 14th anniversary of the Firm's opening in New York. The London office was formed as Hage Aaronson on March 4, 2013.

RICO — Personal Jurisdiction — Conspiracy Theory of Jurisdiction: Minimum Contacts Required — Conspirator in Forum May Suffice — § 1965(a) Requires Ends of Justice Plus One Defendant in Forum; Generalities Not Enough

Hart v. Salois, 2015 U.S. App. LEXIS 3696 (10th Cir. Mar. 10, 2015): William Michael Hart, appearing pro se, appeals the district court's dismissal of his Amended Complaint ("Complaint"). The district court dismissed the complaint for lack of personal jurisdiction over all but one of the defendants, and alternatively gra ...

Text Authentication: Phone in Person’s Possession; Contains Texts Sent to and Signed with Her First Name, Including Texts from Boyfriend Professing Love and Other Texts Whose Content Links them to Her = Sufficient Evidence

United States v. Mebrtatu, 543 Fed. Appx. 137, 140-41 (3d Cir. 2013): Promise Mebrtatu appeals from the District Court's final judgment of conviction and sentence and requests a new trial. Mebrtatu raises two issues on appeal: (1) whether the District Court properly denied Mebrtatu's motion to suppress physica ...

United States v. Mebrtatu, 543 Fed. Appx. 137, 140-41 (3d Cir. 2013): Promise Mebrtatu appeals from the District Court's final judgment of conviction and sentence and requests a new trial. Mebrtatu raises two issues on appeal: (1) whether the District…

Commercial Litigation and Arbitration

Rule 37 Sanctions — Default Judgment Drastic But Useful If Confronted with “Obstructionist Adversary” — Abuse of Discretion Standard “Not Appellant-Friendly” (Good Quotes) — 1st Circuit Rule 37 Factors

Facebook: Defendant’s Posting Communications to Victim, Not a Facebook Friend, on His Own Public Notes Page = Stalking, Witness Tampering, Violated TRO Barring Contact with Victim — Fact Victim Voluntarily Accessed Notes No Defense

Instant Message Authenticated by Proof of Person’s Screen Name and Reply Letter Doctrine, Plus No Evidence Anyone Had Motive or Opportunity to Impersonate — Voicemail Authenticated by Witness Who Recognizes Voice

Wayback Machine — Authenticating Affidavit from Internet Archive Employee Sufficient to Raise Genuine Issue of Material Fact as to When Image First Published

Rule 68 Offer of Judgment — In Second Circuit, Offer Moots Case If Court Enters Judgment in Plaintiff’s Favor Per Offer or Otherwise Enforces Offer’s Terms — Defendant Can Move to Enter Mooting Judgment over Plaintiff’s Objection

Inherent Power Sanctions — Failure to Prepare 3d Party 30(b)(6) Witness to Testify Fully at Trial after All Employees Assert 5th= Bad Faith — Waiver by Adversary Irrelevant to Sua Sponte Sanctions — Meaning of Abuse of Discretion (11th Circuit)

Judicial Notice of Internet Evidence — Admissions — Court Takes Notice of Website of Firm Seeking Attorney’s Fees For Biographical Information to Assess Reasonableness of Hourly Rates Sought

14th Anniversary of Firm

RICO — Personal Jurisdiction — Conspiracy Theory of Jurisdiction: Minimum Contacts Required — Conspirator in Forum May Suffice — § 1965(a) Requires Ends of Justice Plus One Defendant in Forum; Generalities Not Enough

Text Authentication: Phone in Person’s Possession; Contains Texts Sent to and Signed with Her First Name, Including Texts from Boyfriend Professing Love and Other Texts Whose Content Links them to Her = Sufficient Evidence

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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