Complex Lit Blog

Arbitration: Party That Frustrates Arbitration by Failing to Comply with Designated Arbitral Forum’s Policies Is Subject to Suit in Court

Bedgood v. Wyndham Vacation Resorts, Inc., 2023 U.S. App. LEXIS 33600 (11th Cir. Dec. 19, 2023): This is an odd case. The lead defendant here, Wyndham Vacation Resorts—which, to distinguish it from other Wyndham-related entities, we'll ju ...

Bedgood v. Wyndham Vacation Resorts, Inc., 2023 U.S. App. LEXIS 33600 (11th Cir. Dec. 19, 2023): This is an odd case. The lead defendant here, Wyndham Vacation Resorts—which, to distinguish it from other Wyndham-related entities, we’ll just call “Resorts”—entered into …

(1) Rule 37 Sanctions: Court’s Discretion Narrows As the Severity of the Sanction Increases; (2) Party Does Not Waive Personal Jurisdiction Defense by Moving to Set Aside Default

Hawkeye Gold, LLC v. China Nat'l Materials Indus. Imp. & Exp. Corp., 2023 U.S. App. LEXIS 33531 (8th Cir. Dec. 19, 2023) Appellant Hawkeye Gold, LLC, an Iowa-based seller of livestock feed, brought this action ...

Hawkeye Gold, LLC v. China Nat’l Materials Indus. Imp. & Exp. Corp., 2023 U.S. App. LEXIS 33531 (8th Cir. Dec. 19, 2023) Appellant Hawkeye Gold, LLC, an Iowa-based seller of livestock feed, brought this action against China National Materials Industry…

Good Cause Requirement of Fed. R. Civ. P. 16(b) to Modify Scheduling Order Applies to Deadlines in District Judge’s Individual Rules and Practices — Here, Untimely Challenge to Expert Testimony

Tr. for the Liquidation of Bernard L. Madoff Inv. Sec. LLC v. Rar Entrepreneurial Fund, Ltd.. (In re Bernard L. Madoff Inv. Sec. LLC), 2023 U.S. App. LEXIS 33544 (2d Cir. Dec. 19, 2023): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGE ...

Inherent Power Sanctions/Due Process/Vexatious Litigant Injunction: (1) Pro Se Status Relevant to Considering Whether Due Process Issue Waived Due to Failure to Assert; (2) Party Has a Right to Notice That a Vexatious Litigant Injunction Is Under Consideration and an Opportunity to Be Heard; (3) Prior Warnings of Frivolousness from Other Courts Does Not Afford Notice That Party Is at Risk of Sanction in Present Court (i.e., Distinguishing Notice of Frivolousness from Due Process Notice of Risk of Sanction)

Allen v. United States, 2023 U.S. App. LEXIS 33380 (Fed. Cir. Dec. 28, 2023) Per Curiam. *1 Derrick Allen filed a pro se complaint in the Court of Federal Claims alleging that the Clerk’s Office in the ...

Allen v. United States, 2023 U.S. App. LEXIS 33380 (Fed. Cir. Dec. 28, 2023) Per Curiam. *1 Derrick Allen filed a pro se complaint in the Court of Federal Claims alleging that the Clerk’s Office in the United States District…

(1) Party May Simultaneously Claim Privilege And Dispute Document’s Authenticity; (2) No Per Se Waiver Rule When Privilege Log Is Not Produced; (3) Fact Opponent Actually Possesses Challenged Documents Significantly Affects Log Analysis; (4) Inherent Power Sanctions: Ninth Circuit Factors

Mayorga v. Ronaldo, 2023 U.S. App. LEXIS 30921 (9th Cir. Nov. 21, 2023) (unpublished): MEMORANDUM* In 2010, Defendant-Appellee Cristiano Ronaldo ("Ronaldo") ...

Mayorga v. Ronaldo, 2023 U.S. App. LEXIS 30921 (9th Cir. Nov. 21, 2023) (unpublished): MEMORANDUM* In 2010, Defendant-Appellee Cristiano Ronaldo (“Ronaldo”) settled a sexual assault claim made against him by Plaintiff-Appellant Kathryn Mayorga (“Mayorga”). The matter lay dormant until…

Appeals: “When A District Court Lists Several Reasons For Taking A Certain Action, And One Of The Reasons Is Flawed, The District Court’s Decision Should Still Be Upheld If Other Reasons Support The Ruling” (Good Quote)

Baker v. Meiling, 2023 U.S. App. LEXIS 33042 (9th Cir. Dec. 14, 2023) (unpublished): MEMORANDUM* Appellants—a [*3] proposed ...

Baker v. Meiling, 2023 U.S. App. LEXIS 33042 (9th Cir. Dec. 14, 2023) (unpublished): MEMORANDUM* Appellants—a [*3] proposed class of elderly investors in a metal-coatings company—appeal from the district court’s order awarding attorneys’ fees to Appellees and sanctioning…

(1) Diversity Jurisdiction: Allegations of Residency May Be Corrected by Letter to Establish Citizenship under 28 U.S.C. § 1653; (2) Rule 37(c)(1) Sanctions Excluding Expert Report — Fifth Circuit Factors; (3) Rule of Orderliness: One Panel May Not Overturn Another’s Decision Absent Intervening Change in Law; (4) Modest Prejudice from Late Expert Disclosure Sufficient to Sustain Exclusion; (5) Defaulting Party’s Refusal to Consent to Adjournment of Expert Deadlines Properly Considered in Exclusion Analysis; (6) Good Quote: “Because Of A Trial Court’s Need To Control Its Docket, A Party’s Violation Of The Court’s Scheduling Order Should Not Routinely Justify A Continuance”

Stewart v. Gruber, 2023 U.S. App. LEXIS 33127 (5th Cir. Dec. 14, 2023) (unpublished) Per Curiam:* Plaintiffs1 a ...

Stewart v. Gruber, 2023 U.S. App. LEXIS 33127 (5th Cir. Dec. 14, 2023) (unpublished) Per Curiam:* Plaintiffs1 appeal from two interrelated district court orders: (1) the exclusion of their expert’s reports and testimony, [*2] and (2) the grant…

Rule 37/Contempt/Dismissal Discovery Sanctions: (1) Magistrate Judge Must Refer Contempt Charges to District Court Except When Exercising Consent Jurisdiction; (2) Dismissal Requires Willfulness, Bad Faith or Fault; (3) Dismissal Factors (10th Circuit); (4) Fees And Expenses For Entire Deposition OK Where Party So Obstructed Deposition As To Render It Entirely Useless Because Case Dismissed — District Judge Not Required to Further Apportion Fees and Expenses for Obstructed Part

Xingfei Luo v. Paul Wang, 2023 U.S. App. LEXIS 32882 (10th Cir. Dec. 13, 2023): ORDER AND JUDGMENT*

Xingfei Luo v. Paul Wang, 2023 U.S. App. LEXIS 32882 (10th Cir. Dec. 13, 2023): ORDER AND JUDGMENT* Paul J. Kelly, Jr. Circuit Judge *1 Xingfei Luo brought this action against Paul Wang asserting various defamation-related claims. After a magistrate …

Rule 11 & The PSLRA: (1) Sanctions Order Is Not Appealable Until The Award Amount of the Award (The Relief) Is Finalized; (2) Issue Abandoned on Appeal by Failing to Provide Supporting Arguments Explaining Error; (3) Rule 11 Sanctions Under PSLRA Reviewed for Abuse of Discretion; (4) PSLRA Requires District Court to Make Findings As to Each Party’s and Each Attorney’s Compliance with Rule 11(b); (5) PSLRA Mandates Presumptive Award of Attorney’s Fees If Complaint Fails to Comply with Rule 11(b); (6) Presumption Rebutted by Proof the Award (a) Would Impose Unreasonable Burden on Plaintiff, (b) Would Be Unjust; (c) If Not Entered, Would Not Impose A Greater Burden on the Aggrieved Party; or (d) The Violation of Rule 11(b) Was De Minimis; (7) Even If Presumption Rebutted, Court Must Award Other Appropriate Sanctions

Meide v. Pulse Evolution Corp., 2023 U.S. App. LEXIS 32938 (11th Cir. Dec. 13, 2023): PER CURIAM: Plaintiff Scott Meide, proceeding pro se, appeals the district court's orders imposing sanctions under the

Meide v. Pulse Evolution Corp., 2023 U.S. App. LEXIS 32938 (11th Cir. Dec. 13, 2023): PER CURIAM: Plaintiff Scott Meide, proceeding pro se, appeals the district court’s orders imposing sanctions under the Private Securities Litigation Reform Act (“PSLRA”), 15 U.S.C. …

Under FRAP 38, Counsel Alone May Be Sanctioned for a Frivolous Appeal — Knowledge of Frivolousness Properly Imputed from Prior Cases Handled by Counsel — $5,000 Financial Sanction Ordered Paid to Opponent (No Discussion of Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101 (2017))

Uyanik v. Wawanesa Gen. Ins. Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023) (unpublished) MEMORANDUM* Appellant Ali Uyanik appeals1 fro ...

Uyanik v. Wawanesa Gen. Ins. Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023) (unpublished) MEMORANDUM* Appellant Ali Uyanik appeals1 from the district court’s order dismissing his First Amended Complaint against Appellee Wawanesa General Insurance Company…

Commercial Litigation and Arbitration

Arbitration: Party That Frustrates Arbitration by Failing to Comply with Designated Arbitral Forum’s Policies Is Subject to Suit in Court

(1) Rule 37 Sanctions: Court’s Discretion Narrows As the Severity of the Sanction Increases; (2) Party Does Not Waive Personal Jurisdiction Defense by Moving to Set Aside Default

Good Cause Requirement of Fed. R. Civ. P. 16(b) to Modify Scheduling Order Applies to Deadlines in District Judge’s Individual Rules and Practices — Here, Untimely Challenge to Expert Testimony

(1) Party May Simultaneously Claim Privilege And Dispute Document’s Authenticity; (2) No Per Se Waiver Rule When Privilege Log Is Not Produced; (3) Fact Opponent Actually Possesses Challenged Documents Significantly Affects Log Analysis; (4) Inherent Power Sanctions: Ninth Circuit Factors

Appeals: “When A District Court Lists Several Reasons For Taking A Certain Action, And One Of The Reasons Is Flawed, The District Court’s Decision Should Still Be Upheld If Other Reasons Support The Ruling” (Good Quote)

Under FRAP 38, Counsel Alone May Be Sanctioned for a Frivolous Appeal — Knowledge of Frivolousness Properly Imputed from Prior Cases Handled by Counsel — $5,000 Financial Sanction Ordered Paid to Opponent (No Discussion of Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101 (2017))

Recent Posts

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

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