Complex Lit Blog

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 …

Rule 37 Sanctions — Fifth Circuit Standards for Dismissal or Default — Denial of Permission to Proceed In Forma Pauperis as Sanction for Repeated Frivolous Appeals

Sandres v. State of La. Div’n of Admin., 2013 U.S. App. LEXIS 25814 (5th Cir. Dec. 30, 2013): Under our precedent, several "Conner factors" must be present before a district court may dismiss an action under Rule 37: (1) the refusal to comply results from willfulness or bad f ...

Sandres v. State of La. Div’n of Admin., 2013 U.S. App. LEXIS 25814 (5th Cir. Dec. 30, 2013): Under our precedent, several "Conner factors" must be present before a district court may dismiss an action under Rule 37: (1) the…

Website Evidence — Basic Authentication

Estate of Konell v. Allied Prop. & Cas. Ins. Co., 2014 U.S. Dist. LEXIS 10183 (D. Or. Jan. 28, 2014): As one of its trial exhibits, plaintiffs has offered Exhibit 44 which is an 11-page Power Point presentation. The first page is titled "Columbia River Gorge, East Wind Storm, January 17th-19th 2009," presented by "Mark ...

The Judicial Admission Exception to the Statute of Frauds — Sufficient for Party to Admit Essential Facts, Not Necessarily the Conclusion That a Contract Exists

Packgen v. BP Exploration & Prod. Co., 957 F. Supp. 2d 58 (D. Me. 2013): 2. The Judicial Admission Exception The statute of frauds contains a "judicial admission" exception that applies: If the party against whom enforcement is sought admits in his pleading, test ...

Packgen v. BP Exploration & Prod. Co., 957 F. Supp. 2d 58 (D. Me. 2013): 2. The Judicial Admission Exception The statute of frauds contains a "judicial admission" exception that applies: If the party against whom enforcement is sought admits…

Elements of RICO Conspiracy, Pattern

United States v. John-Baptiste, 2014 U.S. App. LEXIS 2969 (3d Cir. Feb. 19, 2014): To establish a conviction for a RICO conspiracy, the government must show: (1) that two or more persons agreed to conduct or to participate, directly or indirectly, in the conduct of an enterprise's affairs through a pattern of racketeering ...

United States v. John-Baptiste, 2014 U.S. App. LEXIS 2969 (3d Cir. Feb. 19, 2014): To establish a conviction for a RICO conspiracy, the government must show: (1) that two or more persons agreed to conduct or to participate, directly or …

Insurer That Breached Its Duty to Defend Is Bound by the Judgment against Its Insured but Otherwise Free to Contest Its Indemnification Obligation under the Policy

K2 Inv. Grp., LLC v. Am. Guarantee & Liab. Ins. Co., 2014 N.Y. LEXIS 201 (N.Y. Ct. App. Feb. 18, 2014): American Guarantee & Liability Insurance Company contends, on reargument, that our prior decision in this case, K2 Inv. Group, LLC v Am. Guar. & Liab. Ins. Co. (21 NY3d 384) (K2-I), erred by failing to take account ...

Commercial Litigation and Arbitration

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

Rule 37 Sanctions — Fifth Circuit Standards for Dismissal or Default — Denial of Permission to Proceed In Forma Pauperis as Sanction for Repeated Frivolous Appeals

Website Evidence — Basic Authentication

The Judicial Admission Exception to the Statute of Frauds — Sufficient for Party to Admit Essential Facts, Not Necessarily the Conclusion That a Contract Exists

Elements of RICO Conspiracy, Pattern

Insurer That Breached Its Duty to Defend Is Bound by the Judgment against Its Insured but Otherwise Free to Contest Its Indemnification Obligation under the Policy

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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