Complex Lit Blog

RICO — Failure to Plead Relevant Labor or Geographic Market Fatal to Claim Wages Were Depressed Due to Hiring Illegal Employees — Neither Injury Nor Causation Pled — Rule-of-Reason Antitrust Case Law Drawn On

Simpson v. Sanderson Farms, Inc., 2014 U.S. App. LEXIS 4259 (11th Cir. Mar. 7, 2014): Plaintiffs Melissa Simpson and Sabrina Roberts appeal the dismissal of a putative class action suit brought under the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. §§ 1961-68. In this case, we must determine whether these two ...

13th Anniversary of Firm

March 17, 2014 marks the 13th anniversary of the firm's formation, in New York. ...

March 17, 2014 marks the 13th anniversary of the firm's formation, in New York.

Federal Jurisdiction — Court of Federal Claims Lacks Jurisdiction over RICO and Constitutional Claims Because They Do Not Mandate Payment of Money

Trevino v. United States, 2014 U.S. App. LEXIS 4252 (Fed. Cir. Mar. 7, 2014): Fourth, the trial court does not have jurisdiction over Ms. Treviño's RICO claims or her claims under the due process, equal protection or supremacy clauses of the United States Constitution. These claims do not fall within the court's juris ...

Trevino v. United States, 2014 U.S. App. LEXIS 4252 (Fed. Cir. Mar. 7, 2014): Fourth, the trial court does not have jurisdiction over Ms. Treviño's RICO claims or her claims under the due process, equal protection or supremacy clauses of …

Spoliation — Bad Faith Required for Fees as a Spoliation Sanction (Ninth Circuit), at Least under Inherent Power — “‘Perhaps’ Doesn’t Mean ‘Yes,’ It Means ‘Perhaps’” (Good Quote)

Joseph v. Linehaul Logistics, Inc., 2013 U.S. App. LEXIS 24434 (9th Cir. Dec. 5, 2013): Arlene Joseph sued LineHaul Logistics for wrongful discharge and unpaid overtime. A jury found for Joseph as to wrongful discharge and for LineHaul as to overtime. Post-trial motions were filed and denied, judgment was entered, and both parties ap ...

Sanctions — $413 Million Default Affirmed — Testimony Incredible in Part May Be Wholly Rejected — Diligent Efforts Needed to Show Compliance with Discovery Order Impossible — Damages Undisturbed Unless Plainly Excessive — Evidence for Contempt

Domanus v. Lewicki, 742 F.3d 290 (7th Cir. 2014): Adam Swiech, Richard Swiech, and Derek Lewicki received a host of discovery sanctions in the district court. These sanctions eventually led to the ultimate penalty, when they ended up on the wrong end of a $413,000,000 default judgment. In this appeal, the defendants c ...

Domanus v. Lewicki, 742 F.3d 290 (7th Cir. 2014): Adam Swiech, Richard Swiech, and Derek Lewicki received a host of discovery sanctions in the district court. These sanctions eventually led to the ultimate penalty, when they ended up on the …

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 ...

Commercial Litigation and Arbitration

RICO — Failure to Plead Relevant Labor or Geographic Market Fatal to Claim Wages Were Depressed Due to Hiring Illegal Employees — Neither Injury Nor Causation Pled — Rule-of-Reason Antitrust Case Law Drawn On

13th Anniversary of Firm

Federal Jurisdiction — Court of Federal Claims Lacks Jurisdiction over RICO and Constitutional Claims Because They Do Not Mandate Payment of Money

Spoliation — Bad Faith Required for Fees as a Spoliation Sanction (Ninth Circuit), at Least under Inherent Power — “‘Perhaps’ Doesn’t Mean ‘Yes,’ It Means ‘Perhaps’” (Good Quote)

Sanctions — $413 Million Default Affirmed — Testimony Incredible in Part May Be Wholly Rejected — Diligent Efforts Needed to Show Compliance with Discovery Order Impossible — Damages Undisturbed Unless Plainly Excessive — Evidence for Contempt

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

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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