Complex Lit Blog

Res Judicata — Respondent’s Failure to Assert in Arbitration His Defense that the Contract Was Procured by Fraud Precludes Later Lawsuit on that Ground — All Arbitrable Issues Must Be Submitted to Arbitration

Clinton v. Hendricks & Lewis PLLC, 2014 U.S. App. LEXIS 3131 (9th Cir. Feb. 20, 2014): Plaintiff-Appellant George Clinton appeals district court orders (1) granting Hendricks & Lewis's ("H&L") Federal Rule of Civil Procedure 12(b)(6) motion to dismiss Clinton's fraudulent inducement and negligent m ...

Rooker-Feldman Inapplicable If State Court Proceedings (Even Appeal) Still Pending — Does Not in Any Event Bar Claim State Court Proceeding Corrupted

Anderson v. Anderson, 2014 U.S. App. LEXIS 2777 (7th Cir. Feb. 14, 2014): Larry Anderson appeals the district court's dismissal of his § 1983 case alleging fraud on the court during his divorce proceedings in Brown County, Wisconsin. The district court dismissed on immunity and abstention grounds. We affirm the dismissal because ...

Legal Malpractice — If Lawyer, before Opining, Sees Red Flag That A Client’s Representation Is Incorrect, Lawyer Must Investigate, Can’t Rely on Rep — Statements at Argument and in Header of Brief = “Informal” Judicial Admissions, Not Binding

Nomura Asset Capital Corp. v. Cadwalader, Wickersham & Taft LLP, 2014 N.Y. App. Div. LEXIS 939 (1st Dept. Feb. 13, 2014) (majority opinion): In this legal malpractice action, plaintiffs allege that defendant law firm failed to provide them with the appropriate legal advice, and rendered a legal opinion without performing the n ...

Nomura Asset Capital Corp. v. Cadwalader, Wickersham & Taft LLP, 2014 N.Y. App. Div. LEXIS 939 (1st Dept. Feb. 13, 2014) (majority opinion): In this legal malpractice action, plaintiffs allege that defendant law firm failed to provide them with the …

RICO — Where Defunding of Plaintiff’s Job Resulted from Discovery of Predicate Acts That Defrauded Third Party, Plaintiff’s Loss of Employment Was Not Caused by § 1962(b) Violation — Injury to Expectancy Interests ≠ RICO Standing

Jackson v. NAACP, 2013 U.S. App. LEXIS 20493 (5th Cir. Oct. 8, 2013): I. FACTS AND PROCEDURAL HISTORY A. Factual Background Tracie Jackson and Linda Dunson (collectively "Plaintiffs"), both lawyers, were employed by the National Association for the Advancement of Colore ...

Jackson v. NAACP, 2013 U.S. App. LEXIS 20493 (5th Cir. Oct. 8, 2013): I. FACTS AND PROCEDURAL HISTORY A. Factual Background Tracie Jackson and Linda Dunson (collectively "Plaintiffs"), both lawyers, were employed by the National Association for the Advancement of…

Emails as Verbal Acts

Turner v. Am. Building Condo. Corp., 2014 U.S. Dist. LEXIS 15804 (S.D. Ohio Feb. 7, 2014): Insofar as defendants suggest that evidence introduced into the record for the first time in response to a motion for summary judgment cannot be considered by the Court in resolving the motion, defendants' argument is not well-taken. Further ...

Inherent Power Sanctions — Bad Faith Delay of Proceedings Is Sanctionable, As Is Recklessly Failing to Investigate Facts or Lying to Court

Ass’n for Disabled Americans, Inc. v. Rodriguez, 2014 U.S. App. LEXIS 2273 (11th Cir. Feb. 6, 2014): On appeal, Charouhis contends the district court failed to make the requisite bad-faith finding before imposing sanctions under its inherent authority. We review a district court's imposition of sanctions pursuan ...

Ass’n for Disabled Americans, Inc. v. Rodriguez, 2014 U.S. App. LEXIS 2273 (11th Cir. Feb. 6, 2014): On appeal, Charouhis contends the district court failed to make the requisite bad-faith finding before imposing sanctions under its inherent authority. We review…

Summary Evidence — When Is the Underlying Evidence Sufficiently Indigestible to Warrant a Summary Exhibit?

United States v. Appolon, 695 F.3d 44 (1st Cir. 2012): 1. The Summary Charts Daniel and Haltiwanger argue that the district court erred by admitting into evidence four charts summarizing the reams of financial data in this case. As with other evidentiary rulings, [**27] our review is for abuse of discretion. ...

United States v. Appolon, 695 F.3d 44 (1st Cir. 2012): 1. The Summary Charts Daniel and Haltiwanger argue that the district court erred by admitting into evidence four charts summarizing the reams of financial data in this case. As with…

Attorney-Client Privilege — Crime-Fraud — Intent to Commit Crime Essential — Applies to Work Product — Showing for In Camera Questioning — Perlman Rule for Immediate Appeal If 3rd Party Likely to Disclose — Good Quote on Malleability of Memory

In re Grand Jury, 2014 U.S. App. LEXIS 2593 (3d Cir. Feb. 12, 2014): Corporation and Client (together, "Intervenors") are targets of an ongoing grand jury investigation into alleged violations of the Foreign Corrupt Practices Act ("FCPA"). The grand jury served a subpoena on Intervenors' former attor ...

In re Grand Jury, 2014 U.S. App. LEXIS 2593 (3d Cir. Feb. 12, 2014): Corporation and Client (together, "Intervenors") are targets of an ongoing grand jury investigation into alleged violations of the Foreign Corrupt Practices Act ("FCPA"). The grand jury …

Email Authentication — Varieties of Circumstantial Evidence Sufficient to Satisfy Rule 901

Donati v. State, 2014 Md. App. LEXIS 6 (Md. Ct. Spec. App. Jan. 9, 2014): Admissibility of E-mails Appellant's first contention is that the circuit court abused its discretion by admitting e-mails that were not properly authenticated. The Maryland appellate courts have addressed the authent ...

Donati v. State, 2014 Md. App. LEXIS 6 (Md. Ct. Spec. App. Jan. 9, 2014): Admissibility of E-mails Appellant's first contention is that the circuit court abused its discretion by admitting e-mails that were not properly authenticated. The Maryland appellate…

Must All Absent Class Members Have Suffered Injury? — Circuit Split

In re Deepwater Horizon, 739 F.3d 790 (5th Cir. 2014): [T]he crux of BP's standing argument is that Article III "preclude[s] certification of a settlement class that includes members that have suffered no injury" or "who suffered no harm caused by the Deepwater Horizon incident." In BP ...

In re Deepwater Horizon, 739 F.3d 790 (5th Cir. 2014): [T]he crux of BP's standing argument is that Article III "preclude[s] certification of a settlement class that includes members that have suffered no injury" or "who suffered no harm caused …

Commercial Litigation and Arbitration

Res Judicata — Respondent’s Failure to Assert in Arbitration His Defense that the Contract Was Procured by Fraud Precludes Later Lawsuit on that Ground — All Arbitrable Issues Must Be Submitted to Arbitration

Rooker-Feldman Inapplicable If State Court Proceedings (Even Appeal) Still Pending — Does Not in Any Event Bar Claim State Court Proceeding Corrupted

Legal Malpractice — If Lawyer, before Opining, Sees Red Flag That A Client’s Representation Is Incorrect, Lawyer Must Investigate, Can’t Rely on Rep — Statements at Argument and in Header of Brief = “Informal” Judicial Admissions, Not Binding

RICO — Where Defunding of Plaintiff’s Job Resulted from Discovery of Predicate Acts That Defrauded Third Party, Plaintiff’s Loss of Employment Was Not Caused by § 1962(b) Violation — Injury to Expectancy Interests ≠ RICO Standing

Emails as Verbal Acts

Inherent Power Sanctions — Bad Faith Delay of Proceedings Is Sanctionable, As Is Recklessly Failing to Investigate Facts or Lying to Court

Summary Evidence — When Is the Underlying Evidence Sufficiently Indigestible to Warrant a Summary Exhibit?

Attorney-Client Privilege — Crime-Fraud — Intent to Commit Crime Essential — Applies to Work Product — Showing for In Camera Questioning — Perlman Rule for Immediate Appeal If 3rd Party Likely to Disclose — Good Quote on Malleability of Memory

Email Authentication — Varieties of Circumstantial Evidence Sufficient to Satisfy Rule 901

Must All Absent Class Members Have Suffered Injury? — Circuit Split

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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