Complex Lit Blog

Settlement Negotiations and Accompanying Correspondence Insufficient to Create Contacts Warranting Exercise of Personal Jurisdiction (Specific Jurisdiction)

From Ramparts, Inc. v. Weldon, 2011 U.S. Dist. LEXIS 111123 (D. Nev. Sept. 28, 2011): Although it is an issue of first impression in Nevada, other jurisdictions have held that settlement negotiations and accompanying correspondence do not suffice to create sufficient contact for the exercise of personal jurisdiction. In re Ship ...

All Parties Named in Complaint Must Sign Stipulation of Dismissal to Terminate Action, Even Parties No Longer in the Case

From Wilson v. Taser Int’l, Inc., 2011 U.S. Dist. LEXIS 99135 (D. Colo. Sept. 2, 2011): This matter comes before the Court on the stipulation of dismissal with prejudice [Docket No. 377] filed by plaintiffs and defendant Taser International, Inc. ("Taser") on August 2, 2011. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), ...

False Statements Confirming Misinformation Already in Market Are Actionable under 10b-5 — Circuit Split

Findwhat Investor Group v. Findwhat.com, 2011 U.S. App. LEXIS 19887 (11th Cir. Sept. 30, 2011): In opposing summary judgment, the Plaintiffs relied on the expert report of Dr. Hakala as evidentiary support for both loss causation and damages. The Defendants expressly assumed the admissibility of Dr. Hakala's report for purposes of their ...

Failure to Move to Vacate, Modify or Correct Arbitration Award within 90 Days of Receipt Mandates Confirmation under FAA

From Desousa v. Jabiru USA Sport Aircraft, LLC, 2011 U.S. Dist. LEXIS 101046 (E.D. Tenn. Sept. 6, 2011): Before the Court is Plaintiffs Motion for "Relief from Final Order, Reconsider, Vacate Award/Judgement & Reopen Case" ("Motion to Vacate Award") [Court Doc. 19], filed November 17, 2010. *** After Defendants applied to thi ...

From Desousa v. Jabiru USA Sport Aircraft, LLC, 2011 U.S. Dist. LEXIS 101046 (E.D. Tenn. Sept. 6, 2011): Before the Court is Plaintiffs Motion for “Relief from Final Order, Reconsider, Vacate Award/Judgement & Reopen Case” (“Motion to Vacate Award”) [Court…

RICO — Outsiders Deemed to Operate and Manage Insurance Company by Filing False Claims Even Though No Insiders Involved

Puerto Rico Am. Ins. Co. v. Burgos, 2011 U.S. Dist. LEXIS 112378 (D. P.R. Sept. 30, 2011): This protracted litigation dates back to 2001, when several insurance companies initiated a massive civil action against multiple defendants under the Racketeer Influenced and Corrupt Organizations Act ("RICO"),18 U.S.C. §§ 1961-1969. Since 2001, ...

Experts — Good Quotes

From Citizens Prop. Ins. Corp. v. Simkar LLC, 2011 U.S. Dist. LEXIS 109208 (M.D. Fla. Sept. 26, 2011): Importantly, although rulings on admissibility under Daubert inherently require the trial court to conduct an exacting analysis of the proffered expert's methodology, it is not the district court's role to make ultimate conclusions ...

Daubert and Class Certification — Impact of Supreme Court’s Wal-Mart Dicta

From In re Taco Bell Wage & Hour Actions, 2011 U.S. Dist. LEXIS 109169 (E.D. Cal. Sept. 26, 2011): The Supreme Court recently suggested in dicta that Daubert should be applied to expert testimony at the class certification stage. See Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2553-2554 (2011) ("The District Court concluded that Da ...

Forum Non Conveniens: Where Derivative Action Involves Few Shareholders of Non-U.S. Corporation, Less Deference Due Plaintiffs’ Choice of Forum — Need to Apply New Corporation Law of Foreign Country Augurs in Favor of Dismissal

From In re BP Shareholder Deriv. Litig., 2011 U.S. Dist. LEXIS 104817 (S.D. Tex. Sept. 15, 2011): Defendants argue that the need to apply this recently enacted U.K. statute, which substantively alters directors' duties, weighs strongly in favor of proceeding with the case in England. Indeed, they argue, litigating this case before the En ...

From In re BP Shareholder Deriv. Litig., 2011 U.S. Dist. LEXIS 104817 (S.D. Tex. Sept. 15, 2011): Defendants argue that the need to apply this recently enacted U.K. statute, which substantively alters directors’ duties, weighs strongly in favor of proceeding…

Personal Jurisdiction under RICO — Agency, “Transacts His Affairs,” Conspiracy

From Pincione v. D’Alfonso, 2011 U.S. Dist. LEXIS 103944 (S.D.N.Y. Sept. 13, 2011): II. Personal Jurisdiction Under the Federal RICO Statute RICO provides that "[a]ny civil action or proceeding under this chapter against any person may be instituted in the district court of the United States for any district in which such per ...

From Pincione v. D’Alfonso, 2011 U.S. Dist. LEXIS 103944 (S.D.N.Y. Sept. 13, 2011): II. Personal Jurisdiction Under the Federal RICO Statute RICO provides that “[a]ny civil action or proceeding under this chapter against any person may be instituted in the…

Rule 11 Award for Conduct Unmentioned in Motion Unsustainable — Plain Error Review Where Ground for Reversal Not Raised in District Court

From Indah v. U.S. Securities and Exchange Commission, 2011 U.S. App. LEXIS 18486 (6th Cir. Sept. 6, 2011): The plaintiffs in this case believe that they have an ownership interest in several mines in Indonesia. In pursuit of these interests, they have filed several lawsuits against the Newmont Mining Corporation ("Newmont") and othe ...

Commercial Litigation and Arbitration

Settlement Negotiations and Accompanying Correspondence Insufficient to Create Contacts Warranting Exercise of Personal Jurisdiction (Specific Jurisdiction)

All Parties Named in Complaint Must Sign Stipulation of Dismissal to Terminate Action, Even Parties No Longer in the Case

False Statements Confirming Misinformation Already in Market Are Actionable under 10b-5 — Circuit Split

Failure to Move to Vacate, Modify or Correct Arbitration Award within 90 Days of Receipt Mandates Confirmation under FAA

RICO — Outsiders Deemed to Operate and Manage Insurance Company by Filing False Claims Even Though No Insiders Involved

Experts — Good Quotes

Daubert and Class Certification — Impact of Supreme Court’s Wal-Mart Dicta

Forum Non Conveniens: Where Derivative Action Involves Few Shareholders of Non-U.S. Corporation, Less Deference Due Plaintiffs’ Choice of Forum — Need to Apply New Corporation Law of Foreign Country Augurs in Favor of Dismissal

Personal Jurisdiction under RICO — Agency, “Transacts His Affairs,” Conspiracy

Rule 11 Award for Conduct Unmentioned in Motion Unsustainable — Plain Error Review Where Ground for Reversal Not Raised in District Court

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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