Complex Lit Blog

Website Evidence — Because Information on Government Websites Is Self-Authenticating, Court May Take Judicial Notice of It

Newton v. Holland, 2014 U.S. Dist. LEXIS 10625 (E.D. Ky. Jan. 29, 2014): On March 17, 1994, Newton was indicted in the Eastern District of California on two counts of carjacking in violation of 18 U.S.C. § 2119(1), (2); two counts of using a firearm during the commission of a crime of violence in violation of 18 U.S.C. § 9 ...

Sanctions — Beyond Judge’s Power to Order Depositions Changed to Venue Harsh for Foreign Witnesses — Limits on Power to Order Testimony from Them — Mandamus OK to Correct Judicial Usurpation of Power, Clear Abuse of Discretion, Manifest Injustice

In re Petition of Boehringer Ingelheim Pharms., Inc., 2014 U.S. App. LEXIS 1479 (7th Cir. Jan. 24, 2014): Pradaxa is a prescription blood-thinning drug manufactured by an American company and its German affiliate (collectively Boehringer). A number of suits against Boehringer complaining about the accuracy of the warning lab ...

Does an Unaccepted Settlement Offer That Satisfies Plaintiff’s Entire Demand (Not Just What Defendant Feels Case Is Worth) Render Case Moot? — Circuit Split — Importance of Justice Kagan’s Dissent in Genesis Healthcare

Scott v. Westlake Servs. LLC, 2014 U.S. App. LEXIS 1335 (7th Cir. Jan. 23, 2014): Under this circuit's case law, an unaccepted settlement offer can render the plaintiff's case moot if it gives the plaintiff everything she requested. Damasco v. Clearwire Corp., 662 F.3d 891, 895 (7th Cir. 2011); Ga ...

Scott v. Westlake Servs. LLC, 2014 U.S. App. LEXIS 1335 (7th Cir. Jan. 23, 2014): Under this circuit's case law, an unaccepted settlement offer can render the plaintiff's case moot if it gives the plaintiff everything she requested. Damasco v.…

Sanctions — Different Review Standards Applied by District and Appeals Courts to Magistrate Judge-Issued Sanctions — Inherent Power Sanctions Are Discretionary Even If Bad Faith Found — Importance of Deference When No Transcript Exists

Murray v. City of Columbus, 2013 U.S. App. LEXIS 17708 (6th Cir. Aug. 23, 2013): Murray was a police lieutenant for the City of Columbus. In September 2007, Mitchell Brown, Columbus's Director of Public Safety, filed a complaint with Murray's supervisor alleging that Murray improperly disclosed information from the Internal A ...

FAA — Where Stay of Arbitration Denied in Lawsuit Involving Not Only Parties to Foreign Arbitration But Also Additional Party, Stay of Discovery Appealable under § 16 — Mandatory Statutory Stay of “Trial” Includes Discovery

GEA Grp. AG v. Flex-N-Gate Corp., 2014 U.S. App. LEXIS 573 (7th Cir. Jan. 10, 2014): Before us is an appeal by GEA Group AG from an order by the district judge partially lifting a stay of discovery in a diversity suit brought by GEA against Flex-N-Gate Corporation and its CEO, board chairman, and controlling shareholder, the American ...

Experts — “Self-Executing” Sanction of Exclusion for Failure to Supply Report Compliant with Rule 26(a)(2)(B) and Failure to Supplement Even When Undisclosed Methodology Was Attacked Pretrial

Rembrandt Vision Technologies, L.P. v. Johnson & Johnson Vision Care, Inc., 2013 U.S. App. LEXIS 16283 (Fed. Cir. Aug. 7, 2013): We agree with JJVC that the court correctly granted judgment as a matter of law. The district court did not abuse its discretion when it excluded Dr. Beebe's testimony under the Federal Rules of Civil P ...

Comparative Fault as Viable Defense to Legal Malpractice Action

Hattem v. Smith, 2013 N.Y. App. Div. LEXIS 7750 (3d Dept. Nov. 21, 2013): In 2003, plaintiff retained defendant Robert J. Smith, an attorney with defendant Coughlin & Gerhart, LLP, to represent him in the sale of his business, JMF Associates, Inc., to O'Connor and Shew Construction, Inc. (hereinafter OSC). The sale docume ...

Spoliation — Definition and Bad Faith Requirement in the Third Circuit

Peterson v. Att’y Gen. Penn., 2014 U.S. App. LEXIS 245 (3d Cir. Jan. 7, 2014): Anita Peterson ("Appellant" or "Plaintiff") brought an action against Pennsylvania state officials ("Appellees" or "Defendants") alleging violation of her constitutional rights. *** An investigation by the M ...

Sanctions — Circuit Split as to Whether § 1927 Requires Subjective, as Opposed to Objective, Bad Faith — Lack of Hearing OK Where Misconduct in Writing — No Notice That Counsel Was Target Harmless Where No Prejudice Shown on Appeal

Tate v. Ancell, 2014 U.S. App. LEXIS 963 (7th Cir. Jan. 17, 2014): Edgar Tate sued the state agency for which he works along with one of the agency's private contractors, asserting that they joined forces in a conspiracy (thus far unsuccessful) to oust him from his job after he supported a coworker's charge of sexua ...

Tate v. Ancell, 2014 U.S. App. LEXIS 963 (7th Cir. Jan. 17, 2014): Edgar Tate sued the state agency for which he works along with one of the agency's private contractors, asserting that they joined forces in a conspiracy (thus …

International Service of Process — Compliance with Hague Service Convention Is Mandatory — Is Service by International Mail Sufficient? — Circuit Split

Ackourey v. Noblehouse Custom Tailors, 2013 U.S. Dist. LEXIS 163535 (E.D. Pa. Nov. 15, 2013): Plaintiff Richard J. Ackourey, Jr. resides in Bucks County, Pennsylvania. (Complaint, Doc. No. 1 at ¶ 3). His corporation, Graphic Styles/Styles International, LLC, is located in Southampton, Pennsylvania. Id. at ¶ 4. On April 29, 2013, Pl ...

Commercial Litigation and Arbitration

Website Evidence — Because Information on Government Websites Is Self-Authenticating, Court May Take Judicial Notice of It

Sanctions — Beyond Judge’s Power to Order Depositions Changed to Venue Harsh for Foreign Witnesses — Limits on Power to Order Testimony from Them — Mandamus OK to Correct Judicial Usurpation of Power, Clear Abuse of Discretion, Manifest Injustice

Does an Unaccepted Settlement Offer That Satisfies Plaintiff’s Entire Demand (Not Just What Defendant Feels Case Is Worth) Render Case Moot? — Circuit Split — Importance of Justice Kagan’s Dissent in Genesis Healthcare

Sanctions — Different Review Standards Applied by District and Appeals Courts to Magistrate Judge-Issued Sanctions — Inherent Power Sanctions Are Discretionary Even If Bad Faith Found — Importance of Deference When No Transcript Exists

FAA — Where Stay of Arbitration Denied in Lawsuit Involving Not Only Parties to Foreign Arbitration But Also Additional Party, Stay of Discovery Appealable under § 16 — Mandatory Statutory Stay of “Trial” Includes Discovery

Experts — “Self-Executing” Sanction of Exclusion for Failure to Supply Report Compliant with Rule 26(a)(2)(B) and Failure to Supplement Even When Undisclosed Methodology Was Attacked Pretrial

Comparative Fault as Viable Defense to Legal Malpractice Action

Spoliation — Definition and Bad Faith Requirement in the Third Circuit

Sanctions — Circuit Split as to Whether § 1927 Requires Subjective, as Opposed to Objective, Bad Faith — Lack of Hearing OK Where Misconduct in Writing — No Notice That Counsel Was Target Harmless Where No Prejudice Shown on Appeal

International Service of Process — Compliance with Hague Service Convention Is Mandatory — Is Service by International Mail Sufficient? — Circuit Split

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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