Complex Lit Blog

Sanctions — Client Punishment for Lawyer’s Acts — Dilatoriness Less Worthy of Dismissal with Prejudice If It Is Lawyer’s Only — Less Reason to Believe Lighter Sanction Won’t Work — No Need to Consider Lesser Sanctions If Bad Faith

Bergstrom v. Frascone, 2014 U.S. App. LEXIS 4180 (8th Cir. Mar. 6, 2014): James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months, [*2] Bergstrom's attorney failed to comply with a court ordered deadl ...

Authentication of Blogs, YouTube Videos, and Transcripts of YouTube Videos — Circumstantial Authentication of Email Evidence — Periodicals: Authentication vs. Hearsay

Randazza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed "investigative blogger." The Randazzas allege that Cox and Defendant ...

Forum Selection Clause (FSC) Analyzed Like Arbitration Clause — Broad FSC Covers Tort Claims Arising out of Deal — 6 Theories for Binding Non-Parties to FSC — Unclear Whether State or Federal Law Determines Who Is Bound

Harland Clarke Holdings Corp. v. Milken, 2014 U.S. Dist. LEXIS 13947 (W.D. Tex Feb. 4, 2014): Scantron and Digital entered into a "Securities Purchase Agreement between Scantron Corporation and KUE Digital International, LLC" (the "Purchase Agreement") dated December 15, 2010 [for the purchase of the GlobalScholar ...

§ 1927 — Standards for Imposing Liability — Reckless Disregard Sufficient in Fifth Circuit — Prerequisites to Awarding Damages — Not Sanctionable to Pursue Compulsory Counterclaim to Save Parallel State Court Action Where Opponent Refuses Stay

Lawyers Title Insurance Corp. v. Doubletree Partners, LP, 2014 U.S. App. LEXIS 717 (5th Cir. Jan. 14, 2014): In a consolidated appeal, Doubletree's attorneys, Kalis and Martin, challenge the magistrate judge's award of attorneys' fees to Lawyers Title under 28 U.S.C. § 1927. The magistrate judge granted in part Lawyers Ti ...

Arbitration — No Interlocutory Review of Arbitration Proceedings under FAA or Parallel State Statute — Parties May Explicitly Agree to Displace FAA with State Arbitration Statutes

Savers Prop. & Cas. Ins. Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA., 2014 U.S. App. LEXIS 6488 (6th Cir. April 9, 2014): National Union Fire Insurance Company ("National Union") appeals the grant of a preliminary injunction that halted an ongoing arbitration proceeding with Savers Property and Casualty Insurance C ...

Government Websites Are Self-Authenticating under Rule 902(5) — Also Authenticatable under Rule 901(b)(4) If Properly Presented

Williams Farm Produce Sales, Inc. v. R & G Produce Co., 2014 Tex. App. LEXIS 3369 (Tex. Ct. App. Mar. 27, 2014): Williams Farms Produce Sales, Inc. argues that there was no evidence to support the finding that it owned the federal cause of action because all of the documents provided by R&G were unauthenticated hearsay. We, ho ...

Ad Hominem Attacks on Opposing Counsel Subject to Inherent Power Sanctions

Mayes v. Kollman, 2014 U.S. App. LEXIS 6055 (5th Cir April 1, 2014): Third, Appellants argue that counsel for Appellees prejudicially described Appellants' attorney during closing argument as an attorney who is "always advertising" and telling his clients that a vehicular collision is "cash time." Indee ...

Mayes v. Kollman, 2014 U.S. App. LEXIS 6055 (5th Cir April 1, 2014): Third, Appellants argue that counsel for Appellees prejudicially described Appellants' attorney during closing argument as an attorney who is "always advertising" and telling his clients that a …

Email Authentication — Emails Produced in Discovery when Offered by Party Opponent Deemed Authentic

Frehner v. Clark Cnty. School Dist., 2014 U.S. Dist. LEXIS 44788 (D. Nev. Mar. 31, 2014): Footnote 4 Frehner submitted copies of purported e-mails between he and various officials with the Nevada Department of Education ("NDOE") in August 2011 and May 2012 concerning his department assignment. (Frehner Ex. 7, Dkt. No. 33 ...

Spoliation — Dismissal Factors and Weighting — Bad Faith — Ninth Circuit Standards

Volcan Grp., Inc. v. Omnipoint Commc’ns, Inc., 2014 U.S. App. LEXIS 451 (9th Cir. Jan. 9, 2014): Volcan Group, Inc. d/b/a Netlogix ("Netlogix") appeals the district court's dismissal of its breach of contract action against T-Mobile USA, Inc. ("T-Mobile") as a sanction for Netlogix's spoliation and fabri ...

Are Attorneys’ Fees Includable in a Bond Issued under Federal Rule of Appellate Procedure 7? — Circuit Split — Potential Fed.R.App.P. 38 Sanctions for Frivolous Appeal Are Not Includable within Bond

Rossi v. Proctor & Gamble Co., 2014 U.S. Dist. LEXIS 34180 (D.N.J. Mar. 17, 2014): 1. Attorneys' Fees Circuits are split on the question of whether or not to include attorneys' fees in a bond issued under Federal Rule of Appellate Procedure 7. See Azizian v. Fede ...

Rossi v. Proctor & Gamble Co., 2014 U.S. Dist. LEXIS 34180 (D.N.J. Mar. 17, 2014): 1. Attorneys' Fees Circuits are split on the question of whether or not to include attorneys' fees in a bond issued under Federal Rule of …

Commercial Litigation and Arbitration

Sanctions — Client Punishment for Lawyer’s Acts — Dilatoriness Less Worthy of Dismissal with Prejudice If It Is Lawyer’s Only — Less Reason to Believe Lighter Sanction Won’t Work — No Need to Consider Lesser Sanctions If Bad Faith

Authentication of Blogs, YouTube Videos, and Transcripts of YouTube Videos — Circumstantial Authentication of Email Evidence — Periodicals: Authentication vs. Hearsay

Forum Selection Clause (FSC) Analyzed Like Arbitration Clause — Broad FSC Covers Tort Claims Arising out of Deal — 6 Theories for Binding Non-Parties to FSC — Unclear Whether State or Federal Law Determines Who Is Bound

§ 1927 — Standards for Imposing Liability — Reckless Disregard Sufficient in Fifth Circuit — Prerequisites to Awarding Damages — Not Sanctionable to Pursue Compulsory Counterclaim to Save Parallel State Court Action Where Opponent Refuses Stay

Arbitration — No Interlocutory Review of Arbitration Proceedings under FAA or Parallel State Statute — Parties May Explicitly Agree to Displace FAA with State Arbitration Statutes

Government Websites Are Self-Authenticating under Rule 902(5) — Also Authenticatable under Rule 901(b)(4) If Properly Presented

Ad Hominem Attacks on Opposing Counsel Subject to Inherent Power Sanctions

Email Authentication — Emails Produced in Discovery when Offered by Party Opponent Deemed Authentic

Spoliation — Dismissal Factors and Weighting — Bad Faith — Ninth Circuit Standards

Are Attorneys’ Fees Includable in a Bond Issued under Federal Rule of Appellate Procedure 7? — Circuit Split — Potential Fed.R.App.P. 38 Sanctions for Frivolous Appeal Are Not Includable within Bond

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