Complex Lit Blog

Failure to Identify Sanctioning Power Pursuant to Which Attorneys’ Fees Awarded = Abuse of Discretion, Requires Remand

Arnold v. Fed. Nat’l Mortg. Ass’n, 2014 U.S. App. LEXIS 9711 (5th Cir. May 27, 2014): At the initial conference in this case, the district court explicitly warned the Arnolds and their original counsel that it believed their claims lacked any merit and that if they chose to continue to prosecute their suit they might face sanction ...

Appeals — While Pro Se Briefs Are Liberally Construed, Failure to Brief an Argument Still Waives It

Haase v. Countrywide Home Loans, Inc., 2014 U.S. App. LEXIS 6450 (5th Cir. April 8, 2014): As we begin our review, we are mindful that "we liberally construe briefs of pro se litigants and apply less stringent standards to parties proceeding pro se than parties represented by counsel." Grant v. Cuellar

Haase v. Countrywide Home Loans, Inc., 2014 U.S. App. LEXIS 6450 (5th Cir. April 8, 2014): As we begin our review, we are mindful that "we liberally construe briefs of pro se litigants and apply less stringent standards to parties …

Sanctions — Striking of All Pleadings “Is a Serious Sanction That Requires an Explicit Factual Basis from the District Court” — Willfulness May Be Inferred from Party’s “Pattern of Behavior” (Good Quotes)

Southern U.S. Trade Ass’n v. Guddh, 2014 U.S. App. LEXIS 7570 (5th Cir. April 22, 2014): The defendant, Sumit Guddh, appeals the district court's imposition of sanctions against him and the district court's grant of summary judgment to the plaintiffs -- the Southern United States Trade Association ("SUSTA"), Jerry ...

Statute of Frauds and Emails — Typing a Name at Bottom of Email Sufficient to Satisfy Statute, But “Pre-Printed” Signature Is Not

Rhodium Special Opportunity Fund, LLC v. Life Trading Holdco, LLC, 2014 N.Y. Misc. LEXIS 1525 (Sup. Ct. N.Y. Cnty. Mar. 31, 2014): Courts in New York have held that an email may constitute a writing for the purpose of the statute of frauds. See Naldi v Grunberg, 80 AD3d 1, 14, 908 N.Y.S.2d 639 (1st Dept 2010) ...

Rhodium Special Opportunity Fund, LLC v. Life Trading Holdco, LLC, 2014 N.Y. Misc. LEXIS 1525 (Sup. Ct. N.Y. Cnty. Mar. 31, 2014): Courts in New York have held that an email may constitute a writing for the purpose of the …

RICO — Particularity Requirements — Single Fraud Perpetuated over Several Years Lacks Continuity — “Injury Resulting from Mere Subdivisions of One Fraudulent Scheme Is Not Sufficient to Form a Pattern” (Good Quotes)

DeWitt Ins., Inc. v. Horton, 2014 U.S. Dist. LEXIS 72384 (E.D. Mo. May 28, 2014): Dewitt Insurance, Inc. ("Dewitt") is an insurance management company.... Horton worked for Dewitt as an independent agent and as a "producer" from March 20, 1998 through June 30, 2011..... During some periods, Horton ...

DeWitt Ins., Inc. v. Horton, 2014 U.S. Dist. LEXIS 72384 (E.D. Mo. May 28, 2014): Dewitt Insurance, Inc. ("Dewitt") is an insurance management company…. Horton worked for Dewitt as an independent agent and as a "producer" from March 20, 1998 …

§ 1927 Sanctions — Continuing to Litigate Claims after Adverse Party Offers to Provide the Only Relief to Which Claimant Is Entitled Merits Sanction

Milner v. Biggs, 2014 U.S. App. LEXIS 9075 (6th Cir. May 13, 2014): In the underlying case, plaintiffs-appellants Jason A. Milner, Natasha M. Milner, and Lexi Milner retained Jason Shugart as counsel after discovering mold in a home approximately four weeks after they purchased it. On behalf of the Milners, Shugart [*2]

Rule 37(c)(1) Sanction of Exclusion of Belatedly-Appointed Expert — Factors — Burden of Proving Justification or Excuse — “Particularly Wide” Discretion Accorded Trial Court, Which Need Not Explicitly Consider Guiding Factors

Wilkins v. Montgomery, 2014 U.S. App. LEXIS 8412 (4th Cir. May 5, 2014): We first discuss Appellant's challenge to the district court's exclusion of her expert, Dr. Voskanian. This issue implicates both the February 8 Order excluding Dr. Voskanian, and the portion of the April 11 Order denying Appellant's Rule 59 motion to ...

New Amendments to Federal Rules of Civil Procedure, As Approved by Standing Committee 29 May 2014

Download associated file: Proposed Amendments to FRCP Approved by Standing Committee 29 May 2014.pdf Attached are amendments to the Federal Rules of Civil Procedure that were approved today by the Standing Committee on Rules ...

Rule 11 — Safe Harbor for Surviving Summary Judgment — Factual Allegations Made Collectively against Multiple Related Entities Excused Due to Complexity of Corporate Structure

Manhattan Constr. Co. v. Place Props. LP, 2014 U.S. App. LEXIS 4911 (11th Cir. Mar. 17, 2014): Place Collegiate Properties Company ("PCPC") appeals the district court's decision denying its motion for sanctions. After review and with the benefit of oral argument, we affirm. I. BACKGROUND Ce ...

RICO — PSLRA Bar — Eleventh Circuit Adopts Broad Reading of Third and Other Circuits — Looks to Criminal, SEC Enforcement Precedents Barring Same Conduct

Licht v. Watson, 2014 U.S. App. LEXIS 9546 (11th Cir. May 22, 2014): I. BACKGROUND Licht is the Managing Director and Chief Operations Officer of Simulated Environment Concepts, Inc. (Simulated). Between 2008 and 2011, Licht alleges that 14 individual and 9 entity defendants orchestrated a "pump-an ...

Licht v. Watson, 2014 U.S. App. LEXIS 9546 (11th Cir. May 22, 2014): I. BACKGROUND Licht is the Managing Director and Chief Operations Officer of Simulated Environment Concepts, Inc. (Simulated). Between 2008 and 2011, Licht alleges that 14 individual and …

Commercial Litigation and Arbitration

Failure to Identify Sanctioning Power Pursuant to Which Attorneys’ Fees Awarded = Abuse of Discretion, Requires Remand

Appeals — While Pro Se Briefs Are Liberally Construed, Failure to Brief an Argument Still Waives It

Sanctions — Striking of All Pleadings “Is a Serious Sanction That Requires an Explicit Factual Basis from the District Court” — Willfulness May Be Inferred from Party’s “Pattern of Behavior” (Good Quotes)

Statute of Frauds and Emails — Typing a Name at Bottom of Email Sufficient to Satisfy Statute, But “Pre-Printed” Signature Is Not

RICO — Particularity Requirements — Single Fraud Perpetuated over Several Years Lacks Continuity — “Injury Resulting from Mere Subdivisions of One Fraudulent Scheme Is Not Sufficient to Form a Pattern” (Good Quotes)

§ 1927 Sanctions — Continuing to Litigate Claims after Adverse Party Offers to Provide the Only Relief to Which Claimant Is Entitled Merits Sanction

Rule 37(c)(1) Sanction of Exclusion of Belatedly-Appointed Expert — Factors — Burden of Proving Justification or Excuse — “Particularly Wide” Discretion Accorded Trial Court, Which Need Not Explicitly Consider Guiding Factors

New Amendments to Federal Rules of Civil Procedure, As Approved by Standing Committee 29 May 2014

Rule 11 — Safe Harbor for Surviving Summary Judgment — Factual Allegations Made Collectively against Multiple Related Entities Excused Due to Complexity of Corporate Structure

RICO — PSLRA Bar — Eleventh Circuit Adopts Broad Reading of Third and Other Circuits — Looks to Criminal, SEC Enforcement Precedents Barring Same Conduct

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