Complex Lit Blog

Supreme Court — Prudential Standing Doctrine Largely Abandoned — Statutory Standing Label Misleading, Too

Lexmark Int’l, Inc. v. Static Control Components, Inc., 134 S. Ct. 1377; 188 L. Ed. 2d 392 (2014): This case requires us to decide whether respondent, Static Control Components, Inc., may sue petitioner, Lexmark International, Inc., for false advertising under the Lanham Act, 15 U.S.C. §1125(a). I. Backgroun ...

§ 1927 Sanctions May Not Be Awarded Based on Counsel’s “Misunderstanding, Bad Judgment, or Well-Intentioned Zeal” (Good Quote)

Morgan v. Covington Township, 2014 U.S. App. LEXIS 7105 (3d Cir. April 16, 2014): 2 The Township seeks sanctions under 28 U.S.C. § 1927 and 42 U.S.C. § 1988(b) as well as Rule 38. Sanctions under § 1927 may only be awarded upon "a finding that counsel's conduct resulted from bad faith, rather t ...

Morgan v. Covington Township, 2014 U.S. App. LEXIS 7105 (3d Cir. April 16, 2014): 2 The Township seeks sanctions under 28 U.S.C. § 1927 and 42 U.S.C. § 1988(b) as well as Rule 38. Sanctions under § 1927 may only …

Class Actions — Rule 23(f) — If Damages Are So Huge That Defendants May Be Forced to Settle, Careful Consideration Given to Request to Appeal — Unethical for Plaintiff’s Counsel to Send Class Notice to Defendant to Enlist It as a Class Member

Chapman v. Wagener Equities, Inc., 2014 U.S. App. LEXIS 5962 (7th Cir. Mar. 31, 2014): The defendants in this class action suit under the Telephone Consumer Protection Act, 47 U.S.C. § 227, seek our leave to appeal from the district court's order certifying the class. Fed. R. Civ. P. 23(f). The defenda ...

Sua Sponte Rule 11 Sanctions — Second Circuit Standards — Seeking Extensions of Time to Respond to Summary Judgment Motion “Substantive[ly]” Sufficient to Support Finding of Bad Faith When No Substantive Response Ever Filed

Rankin v. City of Niagara Falls, 2014 U.S. App. LEXIS 10903 (2d Cir. June 12, 2014): Appellant Christina A. Agola, an attorney proceeding pro se, appeals from an order of the United States District Court for the Western District of New York (Arcara, J.; McCarthy, M.J.) imposing monetary sanctions and reprima ...

Circumstantial Authentication of Email Evidence — Illinois

People v. Diomedes, 2014 IL App (2d) 121080; 2014 Ill. App. LEXIS 403 (Ill. Ct. App. June 16, 2014): [*P1] After a bench trial, defendant, Daniel T. Diomedes, was convicted of disorderly conduct for knowingly transmitting by e-mail a threat of violence directed against a high school dean. ... On September 27, 2012, ...

People v. Diomedes, 2014 IL App (2d) 121080; 2014 Ill. App. LEXIS 403 (Ill. Ct. App. June 16, 2014): [*P1] After a bench trial, defendant, Daniel T. Diomedes, was convicted of disorderly conduct for knowingly transmitting by e-mail a threat…

$1 Million Sanction for Contempt, Bad Faith, § 1927, Despite Inability to Determine Precisely What Excess Litigation Was Caused (Good Quotes)

Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel, 979 F. Supp. 2d 1270 (M.D. Fla. 2013): This action between Odyssey Marine Exploration and the Kingdom of Spain adjudicates the right to possession and ownership of more than $600,000,000.00 in silver specie.1 This action presented from the ...

Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel, 979 F. Supp. 2d 1270 (M.D. Fla. 2013): This action between Odyssey Marine Exploration and the Kingdom of Spain adjudicates the right to possession and ownership of more than $600,000,000.00 in silver …

Statement of Fact Made During Settlement Discussions via Email Admissible as Admission of Party Opponent and Not Precluded by Settlement-Negotiating Context

Ride, Inc. v. APS Tech., Inc., 2014 U.S. Dist. LEXIS 44484 (D. Conn. Mar. 31, 2014): 11 Plaintiffs assert that defendants' Ex. J is inadmissible evidence because it is a "statement[ ] made during compromise negotiations about the claim." Pls.' L.R. 56(a)2 Stmt. at § I, ¶ 14. While " ...

Ride, Inc. v. APS Tech., Inc., 2014 U.S. Dist. LEXIS 44484 (D. Conn. Mar. 31, 2014): 11 Plaintiffs assert that defendants' Ex. J is inadmissible evidence because it is a "statement[ ] made during compromise negotiations about the claim."…

Federal Court May Take Judicial Notice of State and Federal Dockets Available on the Internet

Barger v. Warden, 2014 U.S. Dist. LEXIS 26416 (C.D. Cal. Feb. 28, 2014): Petitioner's relevant state court records 1 establish the following facts. He was sentenced for the above offenses on July 2, 2007. On December 23, 2008, the California Court of Appeal affirmed the judgment (case no. B200472). The California Suprem ...

Rule 11 — Finding of Factual Frivolousness Requires that No Evidence, or Only Patently Frivolous Evidence, Is Offered to Support a Claim — Any Evidence, Even If Weak or Self-Serving, Precludes Sanctions

Lawson v. Sec’y, Dep’t of Corr., 2014 U.S. App. LEXIS 7199 (11th Cir. April 17, 2014): Ross Lawson, proceeding pro se, has filed a motion to reconsider this court's order dated November 14, 2013, denying his motion for an injunction pending appeal.1 He also appeals the district court's dismissal of his 42 U.S.C. ...

RICO — Closed-End Continuity = at Least 2 Years — Open-End Not Shown by Fact the Enterprise Primarily Conducts a Legitimate Business Where the Nature of the Predicate Acts Do Not Imply a Continuing Threat Because All Are Directed at a Finite Goal

W&D Imports, Inc. v. Lia, 2014 U.S. App. LEXIS 7038 (2d Cir. April 16, 2014): Plaintiffs-Appellants W&D Imports, [*2] Inc. d/b/a Willis Honda and David Davis (together "Willis") appeal from the April 23, 2013 judgment of the District Court dismissing all of Willis's claims against American Honda Motor ...

W&D Imports, Inc. v. Lia, 2014 U.S. App. LEXIS 7038 (2d Cir. April 16, 2014): Plaintiffs-Appellants W&D Imports, [*2] Inc. d/b/a Willis Honda and David Davis (together "Willis") appeal from the April 23, 2013 judgment of the District Court dismissing…

Commercial Litigation and Arbitration

Supreme Court — Prudential Standing Doctrine Largely Abandoned — Statutory Standing Label Misleading, Too

§ 1927 Sanctions May Not Be Awarded Based on Counsel’s “Misunderstanding, Bad Judgment, or Well-Intentioned Zeal” (Good Quote)

Class Actions — Rule 23(f) — If Damages Are So Huge That Defendants May Be Forced to Settle, Careful Consideration Given to Request to Appeal — Unethical for Plaintiff’s Counsel to Send Class Notice to Defendant to Enlist It as a Class Member

Sua Sponte Rule 11 Sanctions — Second Circuit Standards — Seeking Extensions of Time to Respond to Summary Judgment Motion “Substantive[ly]” Sufficient to Support Finding of Bad Faith When No Substantive Response Ever Filed

Circumstantial Authentication of Email Evidence — Illinois

$1 Million Sanction for Contempt, Bad Faith, § 1927, Despite Inability to Determine Precisely What Excess Litigation Was Caused (Good Quotes)

Statement of Fact Made During Settlement Discussions via Email Admissible as Admission of Party Opponent and Not Precluded by Settlement-Negotiating Context

Federal Court May Take Judicial Notice of State and Federal Dockets Available on the Internet

Rule 11 — Finding of Factual Frivolousness Requires that No Evidence, or Only Patently Frivolous Evidence, Is Offered to Support a Claim — Any Evidence, Even If Weak or Self-Serving, Precludes Sanctions

RICO — Closed-End Continuity = at Least 2 Years — Open-End Not Shown by Fact the Enterprise Primarily Conducts a Legitimate Business Where the Nature of the Predicate Acts Do Not Imply a Continuing Threat Because All Are Directed at a Finite Goal

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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