Complex Lit Blog

Appropriate Remedy for Scant R. 26(a)(1)(A)(iii) Damages Disclosure Is Motion to Compel, Not R. 37 Motion for Sanctions — Absent Showing of Harm, No Abuse of Discretion to Deny Sanctions [Despite Non-Discloser’s Burden to Show Harmless Error]

Finato v. Fink, 2020 U.S. App. LEXIS 5140 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM* Joaquim Finato appeals the district cour ...

Finato v. Fink, 2020 U.S. App. LEXIS 5140 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM* Joaquim Finato appeals the district court's decisions on a series of claims he brought against Keith A. Fink & Associates ("KFA") based on KFA's …

Trial Time Limits May Be Imposed But Court’s Power “Not Unbounded” — Trial Efficiency Can Undermine Fairness (Good Quotes) — Importance of Objecting —Sanctions (R. 37): Attorney’s Fees Needn’t Be Calculated with “Exacting Specificity”

Raynor v. G4S Solutins (USA), Inc., 2020 WL 917060 (4th Cir. Feb. 26, 2020) (unpublished): *1 After 15 years of employment, G4S Secure Solutions, Inc. (“G4S”), fired E. Ray Raynor. He brings a host of federal and state law claims related to his employment and termination. The district court granted summary judgmen ...

For Rooker-Feldman (RF) to Bar Claim, Source of Injury Must Be State Court Judgment, Not Ministerial Act of Clerk Or Post-Judgment Conduct of Counsel — Concurrence: “Here’s to Urging [Supreme] Court to Give 1 Last Requiem to RF”

Vanderkodde v. Mary Jane M. Elliott, P.C., 2020 U.S. App. LEXIS 5838 (6th Cir. Feb. 26, 2020): In Exxon Mobil Corp. v. Saudi Basic Industries Corp., the Supreme Court made clear that the

Vanderkodde v. Mary Jane M. Elliott, P.C., 2020 U.S. App. LEXIS 5838 (6th Cir. Feb. 26, 2020): In Exxon Mobil Corp. v. Saudi Basic Industries Corp., the Supreme Court made clear that the Rooker-Feldman doctrine—which prohibits the lower federal courts …

Social Media Photo: Page Ownership Irrelevant If Photo Independently Authenticated — Presence of Depicted Persons in Court Allows Jury to Determine Identity, Evidence of Hair Color, Clothing, Happy New Year Filter Allows Determination of Date

Holmes v. State, 2020 Md. App. LEXIS 104 (Md. Ct. Spec. App. Feb. 3, 2020): Appellant Jamar Lee Holmes was convicted by a jury in the Circuit Court for Harford County of attempted first-degree murder, attem ...

Even Though There Is No Safe Harbor in § 1927, Court Did Not Abuse Its Discretion in Declining to Sanction Party Who Withdrew One Challenged Claim, and Attempted to Withdraw the Other, Before Opponent Filed Sanctions Motion

Alcantra v. Coyote Valley Band of Pomo Indians, 2020 U.S. App. LEXIS 5829 (9th Cir. Feb. 25, 2020) (unpublished): Defendants appeal the denial of sanctions against Plaintiff Correy Alcantra's counsel un ...

Disqualification — Trial Taint—Meaning of Substantially Related —Subst’l Relationship Raises Presumption Confidences Shared — Lack of Recollection Irrelevant — Malleability of Memory — Pre-Indictment Delay in Moving Not Counted in Waiver Ana

United States v. Huawei Techs. Co., 2020 U.S. Dist. LEXIS 32144 (Feb. 25, 2020): On May 2, 2019, the Government moved to disqualify one of the defendants' attorneys, James M. Cole of Sidley Aust ...

United States v. Huawei Techs. Co., 2020 U.S. Dist. LEXIS 32144 (Feb. 25, 2020): On May 2, 2019, the Government moved to disqualify one of the defendants' attorneys, James M. Cole of Sidley Austin LLP. Mr. Cole was Deputy [*2] …

Arbitration Clause Doesn’t Strip Fed. Ct. of Jurisdiction — Meaning of “Pursuant to” — Sanctions: Inherent Power (IHP) to Revoke Pro Hac Vice, R. 11 Improper Purpose for Determined Indifference to Merits, §1927 $ to Adversary & Ct. (IHP?)

Royce v. Michael R. Needle P.C., 2020 U.S. App. LEXIS 5233 (7th Cir. Feb. 20, 2020): This dispute over attorney's fees has a long, tortured history. Not because it is unduly complex or involves novel le ...

Arbitration: Appropriate for Arbitrator to Apply Fed. Ct. Standards for Reconsideration & Arguments Not Timely Raised, Including First Raised on Reply — Doing So ≠ “Misbehavior in Any Sense” (Good Quote)

Anderson v. Am. Gen. Life Ins. Co., 2020 U.S. App. LEXIS 5031 (11th Cir. Feb. 19, 2020) (unpublished): PER CURIAM: William Anderson, a plaintiff proceeding pro se, appeals the district court's de ...

Anderson v. Am. Gen. Life Ins. Co., 2020 U.S. App. LEXIS 5031 (11th Cir. Feb. 19, 2020) (unpublished): PER CURIAM: William Anderson, a plaintiff proceeding pro se, appeals the district court's denial of his motion to vacate his arbitration award…

Rule 11 Sanctions Rejected for Reciting Correct Standard for Retaliation Claim But Mistakenly Citing Title VII, Not ADA (& Then Correcting Error) — Movant “Essentially Seeks $100,000 for An Inconsequential Typographical Error” (Good Quote)

Alston v. Miss. DOT, 2020 U.S. App. LEXIS 4783 (5th Cir. Feb. 12, 2020) (unpublished): PER CURIAM:* In this pro se employment-discrimination c ...

Alston v. Miss. DOT, 2020 U.S. App. LEXIS 4783 (5th Cir. Feb. 12, 2020) (unpublished): PER CURIAM:* In this pro se employment-discrimination case, Jason D. Alston appeals the district court's grant of summary judgment to the Mississippi Department of…

Disqualification: Motion to Dismiss for Lack of Subject Matter Jurisdiction Is Decided before Motion to Disqualify, Moots DQ Motion If Jurisdiction Lacking

Washington-St. Tammany Elec. Coop., Inc. v. La. Generating, LLC, 2020 U.S. Dist. LEXIS 27177 (M.D. La. Feb. 20, 2020): 1 At oral argument, the ...

Washington-St. Tammany Elec. Coop., Inc. v. La. Generating, LLC, 2020 U.S. Dist. LEXIS 27177 (M.D. La. Feb. 20, 2020): 1 At oral argument, the Court also heard argument on Louisiana Generating LLC's Motion to Disqualify Counsel for Plaintiffs. (Doc. 203.) …

Commercial Litigation and Arbitration

Appropriate Remedy for Scant R. 26(a)(1)(A)(iii) Damages Disclosure Is Motion to Compel, Not R. 37 Motion for Sanctions — Absent Showing of Harm, No Abuse of Discretion to Deny Sanctions [Despite Non-Discloser’s Burden to Show Harmless Error]

Trial Time Limits May Be Imposed But Court’s Power “Not Unbounded” — Trial Efficiency Can Undermine Fairness (Good Quotes) — Importance of Objecting —Sanctions (R. 37): Attorney’s Fees Needn’t Be Calculated with “Exacting Specificity”

For Rooker-Feldman (RF) to Bar Claim, Source of Injury Must Be State Court Judgment, Not Ministerial Act of Clerk Or Post-Judgment Conduct of Counsel — Concurrence: “Here’s to Urging [Supreme] Court to Give 1 Last Requiem to RF”

Social Media Photo: Page Ownership Irrelevant If Photo Independently Authenticated — Presence of Depicted Persons in Court Allows Jury to Determine Identity, Evidence of Hair Color, Clothing, Happy New Year Filter Allows Determination of Date

Even Though There Is No Safe Harbor in § 1927, Court Did Not Abuse Its Discretion in Declining to Sanction Party Who Withdrew One Challenged Claim, and Attempted to Withdraw the Other, Before Opponent Filed Sanctions Motion

Disqualification — Trial Taint—Meaning of Substantially Related —Subst’l Relationship Raises Presumption Confidences Shared — Lack of Recollection Irrelevant — Malleability of Memory — Pre-Indictment Delay in Moving Not Counted in Waiver Ana

Arbitration Clause Doesn’t Strip Fed. Ct. of Jurisdiction — Meaning of “Pursuant to” — Sanctions: Inherent Power (IHP) to Revoke Pro Hac Vice, R. 11 Improper Purpose for Determined Indifference to Merits, §1927 $ to Adversary & Ct. (IHP?)

Arbitration: Appropriate for Arbitrator to Apply Fed. Ct. Standards for Reconsideration & Arguments Not Timely Raised, Including First Raised on Reply — Doing So ≠ “Misbehavior in Any Sense” (Good Quote)

Rule 11 Sanctions Rejected for Reciting Correct Standard for Retaliation Claim But Mistakenly Citing Title VII, Not ADA (& Then Correcting Error) — Movant “Essentially Seeks $100,000 for An Inconsequential Typographical Error” (Good Quote)

Disqualification: Motion to Dismiss for Lack of Subject Matter Jurisdiction Is Decided before Motion to Disqualify, Moots DQ Motion If Jurisdiction Lacking

Recent Posts

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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

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