Complex Lit Blog

Text Messages — Authenticating Testimony from Provider — Admissibility as Computer-Generated Evidence, Business Records, Adoptive Admissions — Reading Aloud, Interpreting Contractions — Making a Record of “Dramatic” Reading

Chewning v. Commonwealth of Virginia, 2014 Va. App. LEXIS 82 (Va. Ct. App. Mar. 11, 2014): Eddie Wayne Chewning (the appellant) was tried by a jury and convicted of first-degree murder and use of a firearm in the commission of a felony, in violation of Code §§ 18.2-32 and 18.2-53.1. These convictions were based on his participation ...

Rule 11 Sanctions — Burden of Proof — Compliance with Safe Harbor Mandatory — Alleged Failure to Confer Is Not Sanctionable

Kane v. Miser, 2014 U.S. Dist. LEXIS 30668 (D. Az. March 7, 2014): Currently pending before the court is a "Motion for Violation of [Fed.R.Civ.P.] Eleven[,]" filed by plaintiff pro se Keith P. Nance (Doc. 88). Because there is no factual or legal basis for plaintiff's motion, the court will deny it. ***

New York Convention — Enforcement of International Arbitration Award — Normally a Secondary State May Not Enforce an Award Lawfully Set Aside by a Competent Authority in the Primary State

Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of Lao People’s Republic, 2014 U.S. Dist. LEXIS 15004 (S.D.N.Y. Feb. 6, 2014): The New York Convention "provides a carefully crafted framework for the enforcement of international arbitral awards." TermoRio S.A. E.S.P. v. Electranta S.P., 487 F.3d 9 ...

Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of Lao People’s Republic, 2014 U.S. Dist. LEXIS 15004 (S.D.N.Y. Feb. 6, 2014): The New York Convention "provides a carefully crafted framework for the enforcement of international arbitral awards." TermoRio S.A. E.S.P.…

Duplicative § 1782 Application Filed in Second District Court Properly Dismissed — Under FRCP, Parent Corporation or Subsidiary May Be Order to Produce Documents Held by the Other

Lufthans Technik AG v. Astronics Corp., 2014 U.S. App. LEXIS 1352 (2d Cir. Jan. 24, 2014): Lufthansa Technik AG appeals from the judgment of the United States District Court for the Western District of New York (Arcara, J.), dismissing Lufthansa's application for discovery in aid of a foreign proceeding pursuant to 28 U.S.C. § 17 ...

Rule 11 Sanctions Limited to What Suffices to Deter Repetition by Offender and Others (Good Quote) — Eleventh Circuit Factors to Be Considered in Determining an Appropriate Sanction

Thomas v. Early Cnty., GA, 518 F. App'x 645 (11th Cir. 2013): "The purpose of Rule 11 sanctions is to reduce frivolous claims, defenses, or motions, and to deter costly meritless maneuvers." Kaplan v. DaimlerChrysler, A.G., 331 F.3d 1251, 1255 (11th Cir. 2003) (quotation omitted). "[T]he selection of the type of ...

RICO — Injury Requirement Restricts Broad Reading — “Natural and Foreseeable Consequence” Does Not Satisfy “Substantial Factor” Causation Test of RICO — Raising Argument Initially in Reply Brief on Appeal Waives It

Rock v. BAE Sys., Inc., 2014 U.S. App. LEXIS 3578 (11th Cir. Feb. 26, 2014): Randel Rock, appearing pro se, appeals the district court's dismissal of his complaints, which alleged violations of the Interstate Stalking Punishment and Prevention Act ("ISPPA") and the Racketeer Influenced and Corrupt Organizations ...

Facebook Authentication — Kansas Adopts More Liberal Circumstantial Evidence Approach (Parker, Not Griffin)

State v. Jones, 2014 Kan. App. Unpub. LEXIS 118 (Kan. Ct. App. Feb. 28, 2014): Mitchell Jones, III, appeals his convictions for aggravated battery and criminal threat involving his ex-wife. The jury acquitted Jones of charges of aggravated kidnapping, aggravated sexual battery, aggravated burglary, and two additional counts of aggrava ...

Sanctions — Appealability — Cunningham Bars Interlocutory Appeal or Mandamus Review of § 1927 Sanctions — Mandamus Inapt If Direct Review Available Later — Sanctioning Plaintiff in Civil Rights Action Is Extreme — Good Quotes

Howe v. City of Akron, 2014 U.S. App. LEXIS 2300 (6th Cir. Feb. 4, 2014): Plaintiffs appeal an order sanctioning them, pursuant to 28 U.S.C. § 1927, for abuse of the discovery process. An earlier trial resulted in a verdict for Plaintiffs, who are a group of firefighters who alleged discrimination in the promotions pr ...

Howe v. City of Akron, 2014 U.S. App. LEXIS 2300 (6th Cir. Feb. 4, 2014): Plaintiffs appeal an order sanctioning them, pursuant to 28 U.S.C. § 1927, for abuse of the discovery process. An earlier trial resulted in a verdict…

Forum Selection Clause — Federal Law Determines Enforceability of Clause, While Law Recited in Choice of Law Clause Determines Interpretation of Clause — Circuit Split

Martinez v. Bloomberg LP, 740 F.3d 211 (2d Cir. 2014): Plaintiff-Appellant Brian Anthony Martinez ("Martinez") appeals from a judgment of the United States District Court for the Southern District of New York (Furman, J.), dismissing his complaint for improper venue under Rule 12(b)(3) of the Federal Rules of Ci ...

Supreme Court — SLUSA Does Not Extend Federal Jurisdiction to Class Actions Concerning Uncovered Securities That Investors Were Promised Would Be Invested in Covered Securities — Actual or Attempted Ownership Interest in Covered Securities Essential

Chadbourne & Parke, LLP v. Troice, 2014 U.S. LEXIS 1644 (U.S. Feb. 26, 2014): The Securities Litigation Uniform Standards Act of 1998 (which we shall refer to as the "Litigation Act") forbids the bringing of large securities class actions based upon violations of state law. It says that plaintiffs ma ...

Chadbourne & Parke, LLP v. Troice, 2014 U.S. LEXIS 1644 (U.S. Feb. 26, 2014): The Securities Litigation Uniform Standards Act of 1998 (which we shall refer to as the "Litigation Act") forbids the bringing of large securities class actions based …

Commercial Litigation and Arbitration

Text Messages — Authenticating Testimony from Provider — Admissibility as Computer-Generated Evidence, Business Records, Adoptive Admissions — Reading Aloud, Interpreting Contractions — Making a Record of “Dramatic” Reading

Rule 11 Sanctions — Burden of Proof — Compliance with Safe Harbor Mandatory — Alleged Failure to Confer Is Not Sanctionable

New York Convention — Enforcement of International Arbitration Award — Normally a Secondary State May Not Enforce an Award Lawfully Set Aside by a Competent Authority in the Primary State

Duplicative § 1782 Application Filed in Second District Court Properly Dismissed — Under FRCP, Parent Corporation or Subsidiary May Be Order to Produce Documents Held by the Other

Rule 11 Sanctions Limited to What Suffices to Deter Repetition by Offender and Others (Good Quote) — Eleventh Circuit Factors to Be Considered in Determining an Appropriate Sanction

RICO — Injury Requirement Restricts Broad Reading — “Natural and Foreseeable Consequence” Does Not Satisfy “Substantial Factor” Causation Test of RICO — Raising Argument Initially in Reply Brief on Appeal Waives It

Facebook Authentication — Kansas Adopts More Liberal Circumstantial Evidence Approach (Parker, Not Griffin)

Sanctions — Appealability — Cunningham Bars Interlocutory Appeal or Mandamus Review of § 1927 Sanctions — Mandamus Inapt If Direct Review Available Later — Sanctioning Plaintiff in Civil Rights Action Is Extreme — Good Quotes

Forum Selection Clause — Federal Law Determines Enforceability of Clause, While Law Recited in Choice of Law Clause Determines Interpretation of Clause — Circuit Split

Supreme Court — SLUSA Does Not Extend Federal Jurisdiction to Class Actions Concerning Uncovered Securities That Investors Were Promised Would Be Invested in Covered Securities — Actual or Attempted Ownership Interest in Covered Securities Essential

Recent Posts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

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