Complex Lit Blog

Sanctions — Due Process Satisfied Despite Lack of Notice Where Sanctioned Party, in Briefing Amount of Penalty, Argued Merits to Newly-Assigned Judge and Sought Reconsideration — Irrelevance No Defense to Noncompliance with Valid Discovery Order

McLaughlin v. Phelan Hallinan & Schmieg, LLP, 2014 U.S. App. LEXIS 12028 (3d Cir. June 26, 2014): Timothy McLaughlin had a mortgage. As a result of an error, the mortgage company believed that he was in default and referred the matter to the law firm Phelan Hallinan & Shmieg, LLP, whose lawyers include Lawrence T. Phelan, Fr ...

Following § 1404(a) Transfer, Does Transferee Court Apply Its Own Circuit’s Interpretation of Federal Law or That of Transferor Circuit? — Circuit Split

Klatte v. Buckman, Buckman & Reid, Inc., 2014 U.S. Dist. LEXIS 92286 (D.N.J. July 8, 2014): Because this action was transferred to this Court from a district court in another circuit, an additional [*13] preliminary layer of analysis is required before the Court may reach the question of who determines arbitrability ...

Klatte v. Buckman, Buckman & Reid, Inc., 2014 U.S. Dist. LEXIS 92286 (D.N.J. July 8, 2014): Because this action was transferred to this Court from a district court in another circuit, an additional [*13] preliminary layer of analysis is required…

Internet Evidence — Medical Article Pulled from Web by Author Who Has Not Examined Plaintiff Inadmissible to Prove Incurability of Plaintiff’s Medical Condition

Debbie Flo, Inc. v. Shuman, 2014 U.S. Dist. LEXIS 14526; 2014 AMC 840 (D.N.J. Feb. 5, 2014): This matter comes before the Court on the motion of Debbie Flo, Inc. ("Plaintiff") to terminate maintenance and cure, or in the alternative to suspend maintenance until advances are recouped. For the reasons expressed herein, Plainti ...

Disclosure of Work Product to Adversary during Settlement Talks Waives Protection Despite Common Goal of Reaching Quick Settlement — No Common Law Privilege for Plea Negotiations — Presumption against Creating New Privileges

Doe v. United States, 749 F.3d 999 (11th Cir. 2014): 2. The Intervenors Waived Any Work-Product Privilege. The intervenors next contend that the correspondence falls under the work-product privilege, but the finding of the district court that the intervenors waived any privilege when they voluntarily sent the ...

Doe v. United States, 749 F.3d 999 (11th Cir. 2014): 2. The Intervenors Waived Any Work-Product Privilege. The intervenors next contend that the correspondence falls under the work-product privilege, but the finding of the district court that the intervenors waived…

When Is Mandamus Available to Review Order Denying Attorney-Client Privilege? — Factors — Error Must Be “Clear and Indisputable” and Review “Appropriate” — Mandamus Not Precluded by Mohawk

In re Kellogg, Brown & Root, Inc., 2014 U.S. App. LEXIS 12115 (D.C. Cir. June 27, 2014) (Note: The Court’s privilege analysis was excerpted in our post of July 3, 2014): Having concluded that the District Court's privilege ruling constituted error, we still must decide whether that error justifies a writ of ma ...

In re Kellogg, Brown & Root, Inc., 2014 U.S. App. LEXIS 12115 (D.C. Cir. June 27, 2014) (Note: The Court’s privilege analysis was excerpted in our post of July 3, 2014): Having concluded that the District Court's privilege…

Rule 11 — Including Improper Plaintiff in Action for Purpose of Securing Venue Is a Sanctionable Improper Purpose

Grant v. Nat’l College for DUI Defense, 2014 U.S. App. LEXIS 11456 (9th Cir. June 18, 2014): Okorie Okorocha, an attorney representing plaintiff Deandra Grant, appeals pro se from the district court's order imposing sanctions on Okorocha under Rule 11 of the Federal Rules of Civil Procedure. We have jurisdiction under 28 U.S.C. ...

Shareholder/Officer Lacks Standing to Sue for RICO Harm to Corporation — High Standard to Prove Tortious Interference with Prospective Contractual Relationship — Creditor Typically Owes No Fiduciary Duties to Debtor — Appeals: Briefing Failure

Infanti v. Scharpf, 2014 U.S. App. LEXIS 11833 (2d Cir. June 24, 2014): In 1996, plaintiff-appellant Vittorio Infanti ("Infanti") and the Infanti Chair Manufacturing Company ("Infanti Chair") were found liable for trade dress infringement and a $15 million judgment was entered against them. Infanti filed fo ...

Infanti v. Scharpf, 2014 U.S. App. LEXIS 11833 (2d Cir. June 24, 2014): In 1996, plaintiff-appellant Vittorio Infanti ("Infanti") and the Infanti Chair Manufacturing Company ("Infanti Chair") were found liable for trade dress infringement and a $15 million judgment was …

When May a District Court Decline Jurisdiction over a Mixed Claim for Declaratory and Legal Relief? 4-Way Circuit Split over Standard — Declining Jurisdiction in Absence of Parallel State Case Hits “Outer Boundary” of Court’s Discretion

Reifer v. Westport Ins. Corp., 751 F.3d 129 (3d Cir. 2014): Appellant Westport Insurance Corporation ("Westport") appeals the District Court for the Middle District of Pennsylvania's decision declining to exercise jurisdiction over the instant case and its Order dismissing the case without prejudice and remanding it to t ...

Attorney-Client Privilege — Internal Investigation Mandated by Law, Supervised by Inhouse Counsel, Conducted by Non-Lawyers Privileged Despite No Corporate Miranda Warnings — Test : Was A Primary Purpose to Obtain Legal Advice?

In re Kellogg, Brown & Root, Inc., 2014 U.S. App. LEXIS 12115 (D.C. Cir. June 27, 2014): More than three decades ago, the Supreme Court held that the attorney-client privilege protects confidential employee communications made during a business's internal investigation led by company lawyers. See Upjohn Co. v. ...

In re Kellogg, Brown & Root, Inc., 2014 U.S. App. LEXIS 12115 (D.C. Cir. June 27, 2014): More than three decades ago, the Supreme Court held that the attorney-client privilege protects confidential employee communications made during a business's internal investigation …

Removal — While Post-Removal Amendment May Cure Defective Jurisdictional Allegations, It Can’t Create Jurisdiction Where None Existed at Filing and Case Hasn’t Been Tried — Rule 12 Dismissal ≠ Trial (Good Quote)

Camsoft Data Sys., Inc. v. S. Elec. Supply, Inc., 2014 U.S. App. LEXIS 11596 (5th Cir. June 19, 2014): IV. Remand Our analysis does not end with the improper removal, however, because Appellants argue that the subsequently pleaded federal causes of action preclude remand. This court is, of course, bound by its ...

Camsoft Data Sys., Inc. v. S. Elec. Supply, Inc., 2014 U.S. App. LEXIS 11596 (5th Cir. June 19, 2014): IV. Remand Our analysis does not end with the improper removal, however, because Appellants argue that the subsequently pleaded federal causes…

Commercial Litigation and Arbitration

Sanctions — Due Process Satisfied Despite Lack of Notice Where Sanctioned Party, in Briefing Amount of Penalty, Argued Merits to Newly-Assigned Judge and Sought Reconsideration — Irrelevance No Defense to Noncompliance with Valid Discovery Order

Following § 1404(a) Transfer, Does Transferee Court Apply Its Own Circuit’s Interpretation of Federal Law or That of Transferor Circuit? — Circuit Split

Internet Evidence — Medical Article Pulled from Web by Author Who Has Not Examined Plaintiff Inadmissible to Prove Incurability of Plaintiff’s Medical Condition

Disclosure of Work Product to Adversary during Settlement Talks Waives Protection Despite Common Goal of Reaching Quick Settlement — No Common Law Privilege for Plea Negotiations — Presumption against Creating New Privileges

When Is Mandamus Available to Review Order Denying Attorney-Client Privilege? — Factors — Error Must Be “Clear and Indisputable” and Review “Appropriate” — Mandamus Not Precluded by Mohawk

Rule 11 — Including Improper Plaintiff in Action for Purpose of Securing Venue Is a Sanctionable Improper Purpose

Shareholder/Officer Lacks Standing to Sue for RICO Harm to Corporation — High Standard to Prove Tortious Interference with Prospective Contractual Relationship — Creditor Typically Owes No Fiduciary Duties to Debtor — Appeals: Briefing Failure

When May a District Court Decline Jurisdiction over a Mixed Claim for Declaratory and Legal Relief? 4-Way Circuit Split over Standard — Declining Jurisdiction in Absence of Parallel State Case Hits “Outer Boundary” of Court’s Discretion

Attorney-Client Privilege — Internal Investigation Mandated by Law, Supervised by Inhouse Counsel, Conducted by Non-Lawyers Privileged Despite No Corporate Miranda Warnings — Test : Was A Primary Purpose to Obtain Legal Advice?

Removal — While Post-Removal Amendment May Cure Defective Jurisdictional Allegations, It Can’t Create Jurisdiction Where None Existed at Filing and Case Hasn’t Been Tried — Rule 12 Dismissal ≠ Trial (Good Quote)

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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