Complex Lit Blog

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…

Judicial Notice of Internet Evidence — Wayback Machine

Tompkins v. 23andMe, Inc.,2014 U.S. Dist. LEXIS 88068 (N.D. Cal. June 25, 2014): This case involves putative class action claims related to Defendant 23andMe, Inc.'s ("23andMe") advertising and marketing of its Personal Genome Service. 23andMe filed an Omnibus Motion to Compel Arbitration and to Dismiss or Alternatively ...

Arbitration — Stay vs. Dismissal of Action upon Granting of Motion to Compel (Circuit Split as to What FAA § 3 Mandates) — Dispositive Difference for Appellate Jurisdiction Purposes

Johnmohammadi v. Bloomingdale’s, Inc., 2014 U.S. App. LEXIS 11743 (9th Cir. June 23, 2014): This is a class action brought by plaintiff Fatemeh Johnmohammadi to recover unpaid overtime wages from defendant Bloomingdale's, Inc., her former employer. All of Johnmohammadi's claims arise under state law and are asserted on behal ...

Wayback Machine — Accuracy Cannot Reasonably Be Questioned — Judicial Notice Appropriate

The Pond Guy, Inc. v. Aquascape Designs, Inc., 2014 U.S. Dist. LEXIS 85504 (E.D. Mich. June 24, 2014): Currently before the Court is Plaintiffs' motion for a preliminary injunction. A hearing was held on this matter on May 29, 2014, which was continued to and completed on June 9, 2014. For the reasons set forth below, the Court DE ...

Mediators Subject to Same § 455 Recusal Standards as Judges — Must Disclose a Potential Conflict Whenever Impartiality Might Reasonably Be Questioned — Liljeberg Standards Govern

CEATS, Inc. v. Continental Airlines, Inc., 2014 U.S. App. LEXIS 11843 (Fed. Cir. June 24, 2014): b. Rule 60(b)(6) Rule 60(b)(6) gives federal courts authority to relieve a party from a final judgment "upon such terms as are just." Liljeberg, 486 U.S. at 863-64; see ...

CEATS, Inc. v. Continental Airlines, Inc., 2014 U.S. App. LEXIS 11843 (Fed. Cir. June 24, 2014): b. Rule 60(b)(6) Rule 60(b)(6) gives federal courts authority to relieve a party from a final judgment "upon such terms as are just." Liljeberg,…

Spoliation — Sixth Circuit Standards — Relevance = More Than Rule 401 — Definition of Abuse of Discretion — Back-Up Tapes Used Only for Disaster Recovery May Be Recycled — Intentional Destruction after Duty Attaches Is Willful

Automated Solutions Corp. v. Paragon Data Sys., 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014): "A federal court's inherent powers include broad discretion to craft proper sanctions for spoliated evidence." Adkins v. Wolever, 554 F.3d 650, 651 (6th Cir. 2009) (en banc) (hereinafter, "Adkin ...

Commercial Litigation and Arbitration

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)

Judicial Notice of Internet Evidence — Wayback Machine

Arbitration — Stay vs. Dismissal of Action upon Granting of Motion to Compel (Circuit Split as to What FAA § 3 Mandates) — Dispositive Difference for Appellate Jurisdiction Purposes

Wayback Machine — Accuracy Cannot Reasonably Be Questioned — Judicial Notice Appropriate

Mediators Subject to Same § 455 Recusal Standards as Judges — Must Disclose a Potential Conflict Whenever Impartiality Might Reasonably Be Questioned — Liljeberg Standards Govern

Spoliation — Sixth Circuit Standards — Relevance = More Than Rule 401 — Definition of Abuse of Discretion — Back-Up Tapes Used Only for Disaster Recovery May Be Recycled — Intentional Destruction after Duty Attaches Is Willful

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