Complex Lit Blog

New York Justices on the U.S. Supreme Court: John Jay

Download associated file: John Jay Lecture NY Justices on US Supreme Court.pdf On Wednesday, May 4, 2011, Justice Ruth Bader Ginsburg and former Chief Judge Judith Kaye will be introducing a lecture on John Jay, the first Chief Justice of the U.S. Supreme Court, as part ...

Interrogatories Asking Who Has Been Interviewed and What They Said Are Permissible Unless Asked in a Way that Effectively Infringes on Work Product — Good Quote

From United States v. Capital Tax Corp., 2011 U.S. Dist. LEXIS 13242 (N.D. Ill. Feb. 10, 2011): The challenged interrogatories and document requests ask the government to identify, among other things, each person who made decisions regarding whether to name Dukatt in this case, the dates on which those determinations were made, and any d ...

New Article: Developments in the Federal Law of Sanctions

A new article exploring recent trends in federal sanctions decisions can be accessed here. The five areas analyzed are: (1) extrajudicial misconduct — the required nexus between the offending act and the federal litigation; (2) the relevance of the offender’s ability ...

Circuit Split As to Whether § 1367 Confers Supplemental Jurisdiction on Bankruptcy Courts — Federal Courts Generally Decline to Exercise Supplemental Jurisdiction If Presented with First Impression Issue of State Law

From Rhiel v. Central Mortgage Co., 2011 Bankr. LEXIS 1008 (Bankr. S.D. Ohio Mar. 30, 2011): It appears to be well-established that district courts have supplemental jurisdiction over all claims that are so related to claims asserted in a bankruptcy case or adversary proceeding that they form part of the same case or controversy.

International Comity as Ground to Stay or Dismiss a U.S. Lawsuit in Deference to a Foreign Action — Foreign Bankruptcy Generally Entitled to Comity

From Curran v. Hindu Credit Union Operative Soc’y Ltd., 2011 U.S. Dist. LEXIS 32148 (S.D. Fla. Mar. 25, 2011): International comity is "the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation, having due regard both to international duty and convenience, and to the ...

From Curran v. Hindu Credit Union Operative Soc’y Ltd., 2011 U.S. Dist. LEXIS 32148 (S.D. Fla. Mar. 25, 2011): International comity is “the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another…

Summary Order from Court of Appeals Reflects Full Deliberation and Comprehensive Decision of All Issues Raised — Litigants Have No Right to Written Opinion

From Genao v. United States, 2010 U.S. Dist. LEXIS 142103 (S.D.N.Y. Sept. 16, 2010): "There is no requirement in law that a federal appellate court's decision be accompanied by a written opinion." Furman v. United States, 720 F.2d 263, 264 (2d Cir. 1983). The Supreme Court has been charged with creating rules of practice and pr ...

From Genao v. United States, 2010 U.S. Dist. LEXIS 142103 (S.D.N.Y. Sept. 16, 2010): “There is no requirement in law that a federal appellate court’s decision be accompanied by a written opinion.” Furman v. United States, 720 F.2d 263, 264…

Disclosure of General Subject Matter of Work Done for, and Communications with, Client Does Not Effect Waiver of Attorney-Client Privilege — Detailed Disclosure May — Bills Protected Only If Content of Communications Disclosed

From Avgoustis v. Shinseki, 2011 U.S. App. LEXIS 6884 (Fed. Cir. April 6, 2011): Appellant Stanley J. Avgoustis ("Avgoustis") applied for attorneys' fees as a prevailing party under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). The United States Court of Appeals for Veterans Claims ("Veterans Court") disallowed recovery ...

From Avgoustis v. Shinseki, 2011 U.S. App. LEXIS 6884 (Fed. Cir. April 6, 2011): Appellant Stanley J. Avgoustis (“Avgoustis”) applied for attorneys’ fees as a prevailing party under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). The…

Strictures of Twombly and Iqbal Apply to Jurisdictional Allegations and to Affirmative Defenses

From Haley Paint Co. v. E.I. DuPont de Nemours & Co., 2011 U.S. Dist. LEXIS 34925 (D. Md. Mar. 31, 2011): The Supreme Court's decisions in Twombly and Iqbal did not specifically address the pleading requirements for jurisdiction, and the issue has not been resolved by the Fourth Circuit. However, this issue of first impression, has, at ...

From Haley Paint Co. v. E.I. DuPont de Nemours & Co., 2011 U.S. Dist. LEXIS 34925 (D. Md. Mar. 31, 2011): The Supreme Court’s decisions in Twombly and Iqbal did not specifically address the pleading requirements for jurisdiction, and the…

Who Can Waive a Municipality’s Privilege? Police Chief Is Sufficiently Senior to Do So — His Extrajudicial Disclosure to Press Effects Waiver, But Scope of Waiver Is Modest — Partial vs Selective Waiver

From Sullivan v. Warminster Township, 2011 U.S. Dist. LEXIS 22379 (E.D. Pa. Mar. 4, 2011): With regard to the question of whether Chief Murphy could waive the attorney-client and the work-product privilege in the first place, neither Plaintiffs nor the Warminster Defendants have addressed the issue of who in a municipal corporation can ...

Court Has Inherent Power to Order Client Representative with Settlement Authority to Attend Settlement Conference — Court May Adopt Local Rules to This Effect under Rule 16

From Certain Underwriters at Lloyd's v. GMC Land Servs., 2007 U.S. Dist. LEXIS 100523 (S.D. Fla. Nov. 5, 2007) (discussing an inherent power other than to sanction): A court has the inherent power to direct parties to produce individuals with full settlement authority at pretrial settlement conferences. In re Novak, 932 F.2d 1397, 1407 ...

From Certain Underwriters at Lloyd’s v. GMC Land Servs., 2007 U.S. Dist. LEXIS 100523 (S.D. Fla. Nov. 5, 2007) (discussing an inherent power other than to sanction): A court has the inherent power to direct parties to produce individuals with…

Commercial Litigation and Arbitration

New York Justices on the U.S. Supreme Court: John Jay

Interrogatories Asking Who Has Been Interviewed and What They Said Are Permissible Unless Asked in a Way that Effectively Infringes on Work Product — Good Quote

New Article: Developments in the Federal Law of Sanctions

Circuit Split As to Whether § 1367 Confers Supplemental Jurisdiction on Bankruptcy Courts — Federal Courts Generally Decline to Exercise Supplemental Jurisdiction If Presented with First Impression Issue of State Law

International Comity as Ground to Stay or Dismiss a U.S. Lawsuit in Deference to a Foreign Action — Foreign Bankruptcy Generally Entitled to Comity

Summary Order from Court of Appeals Reflects Full Deliberation and Comprehensive Decision of All Issues Raised — Litigants Have No Right to Written Opinion

Disclosure of General Subject Matter of Work Done for, and Communications with, Client Does Not Effect Waiver of Attorney-Client Privilege — Detailed Disclosure May — Bills Protected Only If Content of Communications Disclosed

Strictures of Twombly and Iqbal Apply to Jurisdictional Allegations and to Affirmative Defenses

Who Can Waive a Municipality’s Privilege? Police Chief Is Sufficiently Senior to Do So — His Extrajudicial Disclosure to Press Effects Waiver, But Scope of Waiver Is Modest — Partial vs Selective Waiver

Court Has Inherent Power to Order Client Representative with Settlement Authority to Attend Settlement Conference — Court May Adopt Local Rules to This Effect under Rule 16

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

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