Complex Lit Blog

Sanctions — Sixth Circuit Standards for Sanctions under § 1927 (Something Less Than Bad faith But More Than Negligence) and Inherent Power (Bad Faith — Three-Pronged Test)

Jordan v. City of Detroit, 2014 U.S. App. LEXIS 23468 (6th Cir. Dec. 11, 2014): Under 28 U.S.C. § 1927, an attorney who "multiplies the proceedings in any case unreasonably and vexatiously" may be sanctioned by the court. Such sanctions are appropriate when counsel "objectively falls short of the obligations o ...

Does the Anti-Injunction Act Permit an Injunction That Is Sought before the Initiation of State Court Proceedings But Wouldn’t Issue until after the State Court Suit Is Filed? (Circuit Split)

Monster Beverage Corp. v. Herrera, 2013 U.S. Dist. LEXIS 189315 (C.D. Cal. Dec. 16, 2013): The Anti-Injunction Act does not prohibit injunctions that prevent the initiation of a state court proceeding. Dombrowski v. Pfister, 380 U.S. 479, 485 (1965); Bank One Delaware, 2003 WL 21703627, at *2. There is a circ ...

Monster Beverage Corp. v. Herrera, 2013 U.S. Dist. LEXIS 189315 (C.D. Cal. Dec. 16, 2013): The Anti-Injunction Act does not prohibit injunctions that prevent the initiation of a state court proceeding. Dombrowski v. Pfister, 380 U.S. 479, 485 (1965); Bank…

Facebook Authentication — Colorado Adopts Circumstantial Evidence Approach —Both Page and Posts Must Be Linked to Author — Mere Ownership of Page Insufficient — Contents ≠ Hearsay (Admissions, Intent, Plan, Motive, State of Mind)

People v. Glover, 2015 Colo. App. LEXIS 295 (Colo. Ct. App. Feb. 26, 2015): [*1] Defendant, Roger Julius Glover, appeals the judgment of conviction entered on a jury verdict finding him guilty of first degree (after deliberation) murder. We affirm. I. Background [*2] Defen ...

People v. Glover, 2015 Colo. App. LEXIS 295 (Colo. Ct. App. Feb. 26, 2015): [*1] Defendant, Roger Julius Glover, appeals the judgment of conviction entered on a jury verdict finding him guilty of first degree (after deliberation) murder. We affirm.…

RICO/Res Judicata — Arbitration Ruling That RICO Claim Is Barred as Extraterritorial Is a Merits Ruling, Bars Relitigation — Fact Panel Said Ruling Was Without Prejudice to Statutory Rights to Sue in Court Irrelevant — Futility=De Novo Review

V Cars LLC v. Chery Auto. Co., 2015 U.S. App. LEXIS 3469 (6th Cir. Mar. 2, 2015): Plaintiff V Cars, LLC, appeals the district court judgment denying its motion for leave to file a second amended complaint in the plaintiff's suit against defendants Chery Automobile Company, Ltd., Yin Tongyao, and Kan Lei. Because well-established < ...

Does Rooker-Feldman Divest Federal Court of Jurisdiction to Undo State Judgment Procured by Fraud? Circuit Split — Can Sue for Fraud in Procuring Judgment — Res Judicata / Compulsory Counterclaim Hurdle — One Circuit Panel Can’t Overrule Another

Iqbal v. Patel, 2015 U.S. App. LEXIS 3241 (7th Cir. Mar. 2, 2015): Through a closely held corporation, Mir Iqbal bought a gasoline service station. (He also guaranteed its debts, so we need not mention the corporation again.) Iqbal contracted with S-Mart Petroleum for gasoline. Iqbal then hired Tejaskumar Pat ...

Iqbal v. Patel, 2015 U.S. App. LEXIS 3241 (7th Cir. Mar. 2, 2015): Through a closely held corporation, Mir Iqbal bought a gasoline service station. (He also guaranteed its debts, so we need not mention the corporation again.) Iqbal contracted …

Email Authentication — Alabama Adopts Circumstantial Evidence Approach of Texas, Delaware, Idaho, Kansas, Mississippi, Indiana

Culp v. State, 2014 Ala. Crim. App. LEXIS 102 (Ala. Crim. App. Nov. 21, 2014): Robert N. Culp, Jr., appeals his conviction for domestic violence in the second degree, a violation of § 13A-6-131, Ala. Code 1975, and his resulting sentence of five years' imprisonment. The circuit court suspended the term of imprisonment and placed Culp on proba ...

Pleading Loss Causation — Does Fed. R. Civ. P. 8(a) or 9(b) Apply? Circuit Split

In re Fairway Grp. Holding Corp. Secs. Litig., 2015 U.S. Dist. LEXIS 5999 (S.D.N.Y. Jan. 20, 2015): Loss causation is an essential element of a Section 10(b) and Rule 10b-5 claim, but the pleading requirement is not meant to impose a great burden on plaintiffs. See Dura Pharm., Inc. v. Broudo, 5 ...

In re Fairway Grp. Holding Corp. Secs. Litig., 2015 U.S. Dist. LEXIS 5999 (S.D.N.Y. Jan. 20, 2015): Loss causation is an essential element of a Section 10(b) and Rule 10b-5 claim, but the pleading requirement is not meant to impose …

Deposition Sanctions — Rules 30(c), (d) — Goal: Stop Winning Thru Obstruction — Conduct Banned at Trial Banned at Dep (Good Quotes) — Both Asking for Apology, Demanding Yes or No Unprofessional — Sanctions: CLE, Show Client Sanctions Order

Tajonera v. Black Elk Energy Offshore Operations, LLC, 2015 U.S. Dist. LEXIS 26025 (E.D. La. Mar. 3, 2015): Before the Court is Black Elk's Motion for Protective Orders or Alternatively, an Order Establishing Deposition Limitations. (Rec. doc. 583). The motion seeks certain protections concerning the length and scope of questionin ...

Rule 68 Offer of Judgment Moots Action Only If It Is Unequivocal and Unconditional in Offering Complete Relief to the Plaintiff

Fariasantos v. Rosenberg & Assocs., LLC, 2015 U.S. Dist. LEXIS 24179 (E.D. Va. Feb. 27, 2015): This case arises from debt-collection letters sent by Defendant Rosenberg & Associates, LLC ("R&A") that include disclosures in alleged violation of the Fair Debt Collections Practices Act (the "FDCPA"). Plaintiff Claud ...

Section 1927 Sanctions Do Not Require Bad Faith in Sixth Circuit — Sufficient If Lawyer Knows or Should Know That Claim Is Frivolous or That Litigation Tactics Will Needlessly Obstruct the Litigation of Nonfrivolous Claims

JPMorgan Chase Bank, N.A. v. Winget, 2015 U.S. App. LEXIS 2620 (6th Cir. Feb. 20, 2015): [A] court may sanction an attorney under § 1927 for unreasonably and vexatiously multiplying the proceedings even in the absence of any "conscious impropriety." Rentz v. Dynasty Apparel Indus., Inc., 556 F.3d 3 ...

JPMorgan Chase Bank, N.A. v. Winget, 2015 U.S. App. LEXIS 2620 (6th Cir. Feb. 20, 2015): [A] court may sanction an attorney under § 1927 for unreasonably and vexatiously multiplying the proceedings even in the absence of any "conscious impropriety."…

Commercial Litigation and Arbitration

Sanctions — Sixth Circuit Standards for Sanctions under § 1927 (Something Less Than Bad faith But More Than Negligence) and Inherent Power (Bad Faith — Three-Pronged Test)

Does the Anti-Injunction Act Permit an Injunction That Is Sought before the Initiation of State Court Proceedings But Wouldn’t Issue until after the State Court Suit Is Filed? (Circuit Split)

Facebook Authentication — Colorado Adopts Circumstantial Evidence Approach —Both Page and Posts Must Be Linked to Author — Mere Ownership of Page Insufficient — Contents ≠ Hearsay (Admissions, Intent, Plan, Motive, State of Mind)

RICO/Res Judicata — Arbitration Ruling That RICO Claim Is Barred as Extraterritorial Is a Merits Ruling, Bars Relitigation — Fact Panel Said Ruling Was Without Prejudice to Statutory Rights to Sue in Court Irrelevant — Futility=De Novo Review

Does Rooker-Feldman Divest Federal Court of Jurisdiction to Undo State Judgment Procured by Fraud? Circuit Split — Can Sue for Fraud in Procuring Judgment — Res Judicata / Compulsory Counterclaim Hurdle — One Circuit Panel Can’t Overrule Another

Email Authentication — Alabama Adopts Circumstantial Evidence Approach of Texas, Delaware, Idaho, Kansas, Mississippi, Indiana

Pleading Loss Causation — Does Fed. R. Civ. P. 8(a) or 9(b) Apply? Circuit Split

Deposition Sanctions — Rules 30(c), (d) — Goal: Stop Winning Thru Obstruction — Conduct Banned at Trial Banned at Dep (Good Quotes) — Both Asking for Apology, Demanding Yes or No Unprofessional — Sanctions: CLE, Show Client Sanctions Order

Rule 68 Offer of Judgment Moots Action Only If It Is Unequivocal and Unconditional in Offering Complete Relief to the Plaintiff

Section 1927 Sanctions Do Not Require Bad Faith in Sixth Circuit — Sufficient If Lawyer Knows or Should Know That Claim Is Frivolous or That Litigation Tactics Will Needlessly Obstruct the Litigation of Nonfrivolous Claims

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)

Archives

New York Office