Complex Lit Blog

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 ...

Rule 37(c)(1) Sanctions — Damages Evidence Excluded for Failure to Include Computation in Either Initial Disclosures or Expert Report — No Excuse That Recalculation Would Have Been Necessary Once Dispute over Methodology Resolved

City of Rome v. Hotels.com, LP, 2013 U.S. App. LEXIS 24745 (11th Cir. Dec. 13, 2013): Plaintiff City of Rome, on behalf of the certified class of over 250 cities and counties throughout Georgia ("the Localities"), appeals both the district court's grant of summary judgment on its claims for back taxes allegedly ...

City of Rome v. Hotels.com, LP, 2013 U.S. App. LEXIS 24745 (11th Cir. Dec. 13, 2013): Plaintiff City of Rome, on behalf of the certified class of over 250 cities and counties throughout Georgia ("the Localities"), appeals both the district …

Evidence — Admissibility Issues in Diversity Action Governed by Federal, Not State, Law “So Long As They Can Rationally Be Viewed As Procedural”

Mahmood v. Narciso, 2013 U.S. App. LEXIS 24945 (3d Cir. Dec. 17, 2013): Sania Mahmood ("Mahmood" or "Appellant") appeals the judgment of the District Court 1 entering a jury verdict and denying a motion for a new trial. *** On May 11, 2009, Mahmood filed a complaint in the Superior Court of New Jersey, nami ...

Newspaper Articles as Hearsay — Website Evidence: Hearsay and Authentication

Southco, Inc. v. Fivetech Tech. Inc., 2013 U.S. Dist. LEXIS 161489 (E.D. Pa. Nov. 12, 2013): IV. Motion to Supplement Southco filed a Motion to Supplement the Record (Docket No. 231) with additional evidence allegedly showing that Fivetech sells captive screws with the Five Pentagon mark in the United States. ...

Southco, Inc. v. Fivetech Tech. Inc., 2013 U.S. Dist. LEXIS 161489 (E.D. Pa. Nov. 12, 2013): IV. Motion to Supplement Southco filed a Motion to Supplement the Record (Docket No. 231) with additional evidence allegedly showing that Fivetech sells captive…

Supreme Court: CAFA — “Mass Action” Refers to Claims Brought by 100 or More Plaintiffs, Not 100 or More Real Parties in Interest — Good Quotes on Statutory Interpretation

JUSTICE SOTOMAYOR delivered the opinion of the Court. Mississippi ex rel. Hood v. AU Optronics Corp., 2014 U.S. LEXIS 645 (U.S. Jan. 14, 2014): Under the Class Action Fairness Act of 2005 (CAFA or Act), defendants in civil suits may remove "mass actions" from state to federal court. CAFA defines ...

Web Chats on Party’s Computer Authenticated by His Admission He Used Name Used in Chats — Also Admissible As Circumstantial Evidence Linking Him to Material — Unknown Speakers’ Messages Admissible as Context for Responses

United States v. Manning, 2014 U.S. App. LEXIS 76 (8th Cir. Jan. 3, 2014): i. Chat Transcripts Manning argues that the district court abused its discretion in admitting chat transcripts related to the usernames "boost_virgin" and "mem659" discovered on Manning's computer. These chat ...

United States v. Manning, 2014 U.S. App. LEXIS 76 (8th Cir. Jan. 3, 2014): i. Chat Transcripts Manning argues that the district court abused its discretion in admitting chat transcripts related to the usernames "boost_virgin" and "mem659" discovered on Manning's…

Commercial Litigation and Arbitration

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

Rule 37(c)(1) Sanctions — Damages Evidence Excluded for Failure to Include Computation in Either Initial Disclosures or Expert Report — No Excuse That Recalculation Would Have Been Necessary Once Dispute over Methodology Resolved

Evidence — Admissibility Issues in Diversity Action Governed by Federal, Not State, Law “So Long As They Can Rationally Be Viewed As Procedural”

Newspaper Articles as Hearsay — Website Evidence: Hearsay and Authentication

Supreme Court: CAFA — “Mass Action” Refers to Claims Brought by 100 or More Plaintiffs, Not 100 or More Real Parties in Interest — Good Quotes on Statutory Interpretation

Web Chats on Party’s Computer Authenticated by His Admission He Used Name Used in Chats — Also Admissible As Circumstantial Evidence Linking Him to Material — Unknown Speakers’ Messages Admissible as Context for Responses

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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