Complex Lit Blog

Juridical Link Doctrine as Basis for Standing in Class Actions — Circuit Split

Reyes v. Julia Place Condominiums Homeowners Ass’n, 2013 U.S. Dist. LEXIS 15356 (E.D. La. Feb. 5, 2013): Plaintiff asserts that the Juridical Link Doctrine gives her standing to bring claims on behalf of the class against defendants from whom she has not sustained a direct injury.... The doctrine is premised on the idea that the ...

Legal Malpractice — Continuous Representation Doctrine — Post-Handoff Availability for Background Briefing of Successor Counsel by Predecessor Firm ≠ Continuous Representation

Perkins v. Am. Transit Ins. Co., 2013 U.S. Dist. LEXIS 6703 (S.D.N.Y. Jan. 15, 2013): This case is about a massive personal judgment arising out of a car accident in the Bronx that occurred well over a decade ago. The judgment debtor, Jae Jung Park ("Park"), was forced into bankruptcy as a result of the judgment, which far exceeded his ...

Authentication of Facebook Messages Requires Circumstantial Evidence That the Purported Sender in Fact Was Responsible for the Message

Campbell v. State, 382 S.W.3d 545 (Tex. App. 2012): A jury convicted appellant Travis Campbell of aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02 (West 2011). Pursuant to an agreement with the State regarding punishment, the trial court sentenced Campbell to four years' imprisonment. In his sole issue on appea ...

Allocating Sanctions between Lawyer and Client — Second Circuit’s Multi-Factor Test for Dismissal — Court Must Make Specific Findings Justifying Imposition of Drastic Sanctions on Client

Mitchell v. Lyons Professional Servs., Inc., 2013 U.S. App. LEXIS 4174 (2d Cir. Feb. 28, 2013): Keesha Mitchell, Theresa Campbell, Seannette Campbell, and Tanisha Selby appeal the denial of their motion for a writ of execution against Christopher M. Lyons and Garrison Professional Services, Inc. ("Garrison Services"). See Fed. R. Civ. P ...

RICO — Mailings That Increase the Probability That the Mailer Would Be Detected and Apprehended Do No Constitute Mail Fraud — Courts Are Wary of Converting Civil FLSA Claims into RICO Claims

Lundy v. Catholic Health System of Long Island Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013): Plaintiffs, a respiratory therapist and two nurses, allege that the Catholic Health System of Long Island Inc., a collection of hospitals, healthcare providers, and related entities (collectively, "CHS"), failed to compensate them adeq ...

Sanctions — While Civil Contempt Cannot Be Imposed in The Absence of Subject Matter Jurisdiction, a $10,000 Penalty for Disregard of Court Order Is Permissible — Failure of Due Process to Impose Penalty without Warning

Tellado v. IndyMac Mortg. Servs., 2013 U.S. App. LEXIS 2817 (3d Cir. Feb. 11, 2013): This appeal is from the District Court's order to cancel a mortgage loan made by IndyMac Bank, FSB, to Jose and Maria Tellado. After IndyMac failed and was placed into receivership, with the Federal Deposit Insurance Corporation (FDIC) as its receiver, ...

Tellado v. IndyMac Mortg. Servs., 2013 U.S. App. LEXIS 2817 (3d Cir. Feb. 11, 2013): This appeal is from the District Court’s order to cancel a mortgage loan made by IndyMac Bank, FSB, to Jose and Maria Tellado. After IndyMac…

Sanctions — Error to Award Attorneys’ Fees for Cost of Replying to Submission That Was Invited by Court — Motion for Sanctions against Client Does Not Afford Notice That Counsel May Be Sanctioned

Mantell v. Chassman, 2013 U.S. App. LEXIS 3717 (2d Cir. Feb. 20, 2013): A. The October 2011 Sanction Rule 37(a)(5) provides that, if (1) a district court grants a Rule 37(a) motion to compel discovery or disclosure, or (2) disclosure or the requested discovery is provided after the motion was filed, the "court must, after gi ...

Arbitration — Evident Partiality and Undue Means as Grounds to Vacate Arbitration Award

NGC Network Asia, LLC v. Pac Pacific Group Int’l, Inc., 2013 U.S. App. LEXIS 2802 (2d Cir. Feb. 11, 2013): a. Evident Partiality PPGI insists that the District Court should have vacated the arbitration award because the arbitrator exhibited "evident partiality." An arbitrator is disqualified under that standard "o ...

When Class Counsel’s Misconduct Requires Denial of Certification — Ethical Standards — “Only the Most Egregious Misconduct”

Reliable Money Order, Inc. v. McKnight Sales Co., 2013 U.S. App. LEXIS 501 (7th Cir. Jan. 9, 2013): The Ashford Gear litigation was the first to consider whether counsels' misconduct required denial of class certification. Like McKnight here, the defendant in Ashford Gear opposed class certification, arguing the same misconduct that Mc ...

Reliable Money Order, Inc. v. McKnight Sales Co., 2013 U.S. App. LEXIS 501 (7th Cir. Jan. 9, 2013): The Ashford Gear litigation was the first to consider whether counsels’ misconduct required denial of class certification. Like McKnight here, the defendant…

Certain Purely Legal Rulings, Including Sanctions Rulings, May Be Subject to Abuse of Discretion Review

United States v. Gonza-Les-Flores, 701 F.3d 112 (4th Cir. 2012): On June 14, 2011, two days before Gonzales-Flores's jury trial on these charges was scheduled to begin, the government informed his counsel that it intended to call three expert witnesses. Gonzales-Flores's counsel filed a motion in limine seeking to exclude the witnesses' ...

United States v. Gonza-Les-Flores, 701 F.3d 112 (4th Cir. 2012): On June 14, 2011, two days before Gonzales-Flores’s jury trial on these charges was scheduled to begin, the government informed his counsel that it intended to call three expert witnesses.…

Commercial Litigation and Arbitration

Juridical Link Doctrine as Basis for Standing in Class Actions — Circuit Split

Legal Malpractice — Continuous Representation Doctrine — Post-Handoff Availability for Background Briefing of Successor Counsel by Predecessor Firm ≠ Continuous Representation

Authentication of Facebook Messages Requires Circumstantial Evidence That the Purported Sender in Fact Was Responsible for the Message

Allocating Sanctions between Lawyer and Client — Second Circuit’s Multi-Factor Test for Dismissal — Court Must Make Specific Findings Justifying Imposition of Drastic Sanctions on Client

RICO — Mailings That Increase the Probability That the Mailer Would Be Detected and Apprehended Do No Constitute Mail Fraud — Courts Are Wary of Converting Civil FLSA Claims into RICO Claims

Sanctions — While Civil Contempt Cannot Be Imposed in The Absence of Subject Matter Jurisdiction, a $10,000 Penalty for Disregard of Court Order Is Permissible — Failure of Due Process to Impose Penalty without Warning

Sanctions — Error to Award Attorneys’ Fees for Cost of Replying to Submission That Was Invited by Court — Motion for Sanctions against Client Does Not Afford Notice That Counsel May Be Sanctioned

Arbitration — Evident Partiality and Undue Means as Grounds to Vacate Arbitration Award

When Class Counsel’s Misconduct Requires Denial of Certification — Ethical Standards — “Only the Most Egregious Misconduct”

Certain Purely Legal Rulings, Including Sanctions Rulings, May Be Subject to Abuse of Discretion Review

Recent Posts

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit): Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

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