Complex Lit Blog

Rule 11 Sanctions May Be Sought for Successfully Opposing Sanctionable Rule 11 Motion without Filing Cross-Motion — Filing Unauthorized Substantive Reply Disguised as Sanctions Motion = Improper Purpose Violation

Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014): Smith next argues that the district court erred in awarding Appellees attorneys' fees for the expenses they incurred opposing her Rule 11 motion. When a party moves for sanctions under Rule 11, the court "may awar ...

Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014): Smith next argues that the district court erred in awarding Appellees attorneys' fees for the expenses they incurred opposing her Rule 11 motion. When …

FAA Doesn’t Preempt Longer State-Law Period to Enforce a Judgment Entered by a Secondary Jurisdiction on Award Over 3 Years Old — Elements of Hines Preemption — Presumption against Preemption in Fields Traditionally Occupied by States

Commissions Import Export v. Republic of Congo, 2014 U.S. App. LEXIS 13158 (D.C. Cir. July 11, 2014): Commissions Import Export S.A. ("the Company") prevailed in 2000 in an arbitration in Paris, France against the Republic of the Congo and Caisse Congolaise d'Amortissement (collectively "the Congo"). Fo ...

Commissions Import Export v. Republic of Congo, 2014 U.S. App. LEXIS 13158 (D.C. Cir. July 11, 2014): Commissions Import Export S.A. ("the Company") prevailed in 2000 in an arbitration in Paris, France against the Republic of the Congo and Caisse …

Rules 26, 34, 37 — Document Production: Party Has Control of Documents If It Has the Right or Ability to Obtain Them on Demand — Sanctions: Contempt Power Shouldn’t Generally Be Used to Award Non-Coercive, Compensatory, $ Sanctions (Good Quote)

Claude Worthington Benedum Foundation v. Harley, 2014 U.S. Dist. LEXIS 99019 (W.D. Pa. July 22, 2014): Plaintiff seeks sanctions based on Federal Rule of Civil Procedure 37(b)-(c). (Docket No. 71). Generally, Rule 37 governs sanctions imposed against a party that fails to provide discovery as required by the discovery rules or a court ...

Erie—State Statute Requiring Verification of Complaint Doesn’t Apply in Federal Court Despite Rule 11’s Exception for “a Rule or Statute” Requiring Verification—Means Only Fed. Rules & Stats—Other Anti-SLAPP Cases Distinguished

Royalty Network, Inc. v. Harris, 2014 U.S. App. LEXIS 13222 (11th Cir. July 10, 2014): Appellants Carl Harris and his company, Phat Groov Music, appeal the district court's order denying their motion to dismiss a complaint filed by Appellees The Royalty Network, Frank Liwall, and Steven Weber. Harris sought to dismiss the complain ...

Inherent Power Sanctions — Vacatur of Order Procured by False Court Filings within Court’s Discretion — Abuse of Discretion Defined (5th Cir.)

Wilson v. Novartis Pharm. Corp., 2014 U.S. App. LEXIS 13234 (5th Cir. July 11, 2014): Appellants Billy and Caroline Wilson appeal the district court's orders vacating a prior substitution order, dismissing the case pursuant to Rule 25(a), and denying Appellants' Rule 59(e) motion to alter or amend the judgment. For the followi ...

Other Lessons of Halliburton 2—Overturning Long-Settled Precedent Requires Special Justification—Mere Error Not Enough—Stare Decisis Has Special Force in Statutory Interpretation (Good Quotes)

Halliburton Co. v. Erica P. John Fund, Inc., 2014 U.S. LEXIS 4305 (U.S. June 23, 2014): Investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to buy or sell a company's stock. In Basic Inc. v. Levinson, 485 U. S. 224, 108 S. C ...

RICO — Continuity: If Enterprise Is Legit Business, Evidence Must Permit Inference Predicate Acts = Regular Way of Doing Business or Imply Threat of Continued Criminal Activity — Multiple Acts of Mail Fraud in Furtherance of Single Fraud ≠ Pattern

Crawford v. Franklin Credit Mgmt. Corp., 2014 U.S. App. LEXIS 13179 (2d Cir. July 11, 2014): Plaintiff Linda D. Crawford appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, Judge, dismissing her amended complaint ("Complaint") which alleged that defendants ...

Crawford v. Franklin Credit Mgmt. Corp., 2014 U.S. App. LEXIS 13179 (2d Cir. July 11, 2014): Plaintiff Linda D. Crawford appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, …

Appeals — “Though We Do Not Lightly Create a Circuit Split, We Are Obliged to Follow Supreme Court Precedent Even When It Might Be Viewed As Inequitable or as Form Over Substance” (Good Quote)

Jewell v. United States, 749 F.3d 1295 (10th Cir. 2014): Though we do not lightly create a circuit split, we are obliged to follow Supreme Court precedent, even when it might be viewed as "inequitable" or as "form over substance." In Powell, the Supreme Court expressed itself cle ...

Jewell v. United States, 749 F.3d 1295 (10th Cir. 2014): Though we do not lightly create a circuit split, we are obliged to follow Supreme Court precedent, even when it might be viewed as "inequitable" or as "form over substance."…

Judicial Notice of Internet Evidence — Fact That Certain Gambling Websites Are Owned by Foreign Entities, Which Is Ascertainable from Factual Documents Found on Reliable Sources on Internet, May Be Judicially Noticed

United States v. Hom, 2014 U.S. Dist. LEXIS 77489 (N.D. Cal. June 4, 2014): The following facts are uncontested. During 2006, pro se defendant John Hom gambled online through internet accounts with PokerStars.com and PartyPoker.com (Hendon Decl., Exh. 5 at 1-2). In 2007, defendant continued to gamble online through his PokerS ...

Rule 37 Sanctions — Purposes — Factors — Prejudice as Prerequisite to Obtaining Sanctions More Severe Than Fees — Categories of Prejudice

Paice, LLC v. Hyundai Motor Co., 2014 U.S. Dist. LEXIS 95043 (D. Md. June 27, 2014): B. Sanctions The Court now turns to consider whether discovery sanctions are appropriate for Defendants' discovery conduct to-date.5 Courts have broad discretion to impose punitive measures on any party who fai ...

Paice, LLC v. Hyundai Motor Co., 2014 U.S. Dist. LEXIS 95043 (D. Md. June 27, 2014): B. Sanctions The Court now turns to consider whether discovery sanctions are appropriate for Defendants' discovery conduct to-date.5 Courts have broad discretion to impose…

Commercial Litigation and Arbitration

Rule 11 Sanctions May Be Sought for Successfully Opposing Sanctionable Rule 11 Motion without Filing Cross-Motion — Filing Unauthorized Substantive Reply Disguised as Sanctions Motion = Improper Purpose Violation

FAA Doesn’t Preempt Longer State-Law Period to Enforce a Judgment Entered by a Secondary Jurisdiction on Award Over 3 Years Old — Elements of Hines Preemption — Presumption against Preemption in Fields Traditionally Occupied by States

Rules 26, 34, 37 — Document Production: Party Has Control of Documents If It Has the Right or Ability to Obtain Them on Demand — Sanctions: Contempt Power Shouldn’t Generally Be Used to Award Non-Coercive, Compensatory, $ Sanctions (Good Quote)

Erie—State Statute Requiring Verification of Complaint Doesn’t Apply in Federal Court Despite Rule 11’s Exception for “a Rule or Statute” Requiring Verification—Means Only Fed. Rules & Stats—Other Anti-SLAPP Cases Distinguished

Inherent Power Sanctions — Vacatur of Order Procured by False Court Filings within Court’s Discretion — Abuse of Discretion Defined (5th Cir.)

Other Lessons of Halliburton 2—Overturning Long-Settled Precedent Requires Special Justification—Mere Error Not Enough—Stare Decisis Has Special Force in Statutory Interpretation (Good Quotes)

RICO — Continuity: If Enterprise Is Legit Business, Evidence Must Permit Inference Predicate Acts = Regular Way of Doing Business or Imply Threat of Continued Criminal Activity — Multiple Acts of Mail Fraud in Furtherance of Single Fraud ≠ Pattern

Appeals — “Though We Do Not Lightly Create a Circuit Split, We Are Obliged to Follow Supreme Court Precedent Even When It Might Be Viewed As Inequitable or as Form Over Substance” (Good Quote)

Judicial Notice of Internet Evidence — Fact That Certain Gambling Websites Are Owned by Foreign Entities, Which Is Ascertainable from Factual Documents Found on Reliable Sources on Internet, May Be Judicially Noticed

Rule 37 Sanctions — Purposes — Factors — Prejudice as Prerequisite to Obtaining Sanctions More Severe Than Fees — Categories of Prejudice

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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