Complex Lit Blog

Summary Judgment: Mere Denial of Statement of Undisputed Fact (SUF) without Actually Rejecting Paragraphs Responded to Properly Deemed Admissions — Attempt to Create Appearance of Factual Disputes = Sanctionalbe Non-Compliance with SUF Local Rule

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (non-precedential): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (non-precedential): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of 42 Pa. C.S.A. § 8371. …

Hague Service Convention Article 15 Applies Only to Service of Process on Non-Parties, Not to Service of Documents on Participant in Existing Action

Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 2019 U.S. App. LEXIS 38068 (2d Cir. Dec. 20, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATIO ...

Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 2019 U.S. App. LEXIS 38068 (2d Cir. Dec. 20, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court …

Supreme Court: Attorney’s Fees [Non-Sanctions] — American Rule Not Limited to Prevailing-Party Statutes — Absence of Specific Reference to Attorney’s Fees Not Dispositive — “Expenses of Litigation” = Expensae Litis = Costs

Peter v. NantKwest, Inc., 205 L. Ed. 2d 304 (2019): Sect ...

Peter v. NantKwest, Inc., 205 L. Ed. 2d 304 (2019): Section 145 of the Patent Act affords applicants “dissatisfied with the decision of the Patent Trial and Appeal Board” an opportunity to file a civil action in the United States …

Sanctions: Rule 37(b)(2) Dismissal OK Only If Violation of Discovery Order Is Fault of Client, Not Lawyer — Ordering Discovery Is Not A “Lesser Sanction” under Rule 41

Johnson v. Jones, 2019 U.S. App. LEXIS 36969 (5th Cir. Dec. 13, 2019) (unpublished): PER CURIAM:* Ron Johnson appeals the with-prejudice dism ...

Johnson v. Jones, 2019 U.S. App. LEXIS 36969 (5th Cir. Dec. 13, 2019) (unpublished): PER CURIAM:* Ron Johnson appeals the with-prejudice dismissal of his civil rights lawsuit. The district court dismissed the case as a sanction under Federal Rules …

Standing: In Consumer Fraud Case, Plaintiffs’ Claim They Wouldn’t Have Bought Product But for Deceptive Claims and Failure to Disclose Known Risks Constitutes Injury in Fact for Standing Purposes

Painters & Allied Trades Dist. Council 82 v. Takeda Pharm. Co. Ltd., 2019 WL 6498270 (9th Cir. Dec. 3, 2019): MEMORANDUM** *1 Plaintiffs, individual patients and third-party payor Painters and Allied Trades District Council 82 Health Care Fund, appeal the ...

§ 1782: Availability of Requested Information in Foreign Jurisdiction Irrelevant If Person from Whom Discovery Is Sought Is Unavailable There — Indicia of Sufficient Certainty of Contemplated Foreign Proceeding (Affidavit of Foreign Counsel Suffices)

In re Top Matrix Holdings Ltd. for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782, 2019 U.S. Dist. LEXIS 210264 (S.D.N.Y. Dec. 2, 2019): Top Matrix Holdings Ltd. (& ...

RICO: Third-Party Payers Adequately Allege Causation Against Pharma Mfrs. for Omission of Known Safety Risk — Doctors Are Intermediaries But Not Intervening Cause — Circuit Split

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Takeda Pharms. Co., 2019 U.S. App. LEXIS 35844 (9th Cir. Dec. 3, 2019): Today we confront an issue of first impression in our circuit, and ...

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Takeda Pharms. Co., 2019 U.S. App. LEXIS 35844 (9th Cir. Dec. 3, 2019): Today we confront an issue of first impression in our circuit, and one that has caused …

Court Lacks Inherent Power to Vacate §1782 Order Based on Fraud in Foreign Proceedings[— Rule 60(b)(3) Fraud on Court Must Be Extrinsic to Proceedings — 1782 Court Should Consider Effect on Procedural Parity of Parties (Good Quote)

In re Accent Delight Int'l, 2019 U.S. Dist. LEXIS 212773 (S.D.N.Y. Dec. 10, 2019): This case is a small part of a larger international saga involving Accent Delight International Ltd. and Xitrans Financ ...

Securities: Judicial Notice (JN) of Wayback Machine OK — Defs. Can’t Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & of 10b5-1 Plan Only for Fact Sales Made Pursuant Thereto

In re Facebook, Inc. Secs. Litig., 2019 U.S. Dist. LEXIS 166027 (N.D. Cal. Sept. 25, 2019): This lawsuit stems from the revelation that Cambridge Analytica acquired the private Facebook data of millions of us ...

Discovery Sanctions — Dismissal — Factors (6th Circuit)

Blue v. City of River Rouge, 2019 U.S. App. LEXIS 33242 (6th Cir. Nov. 6, 2019): Sexual Sin De Un Abdul Blue, a pro se Michigan litigant, appeals a district court order that (1) dismissed his complaint, as ...

Commercial Litigation and Arbitration

Summary Judgment: Mere Denial of Statement of Undisputed Fact (SUF) without Actually Rejecting Paragraphs Responded to Properly Deemed Admissions — Attempt to Create Appearance of Factual Disputes = Sanctionalbe Non-Compliance with SUF Local Rule

Hague Service Convention Article 15 Applies Only to Service of Process on Non-Parties, Not to Service of Documents on Participant in Existing Action

Supreme Court: Attorney’s Fees [Non-Sanctions] — American Rule Not Limited to Prevailing-Party Statutes — Absence of Specific Reference to Attorney’s Fees Not Dispositive — “Expenses of Litigation” = Expensae Litis = Costs

Sanctions: Rule 37(b)(2) Dismissal OK Only If Violation of Discovery Order Is Fault of Client, Not Lawyer — Ordering Discovery Is Not A “Lesser Sanction” under Rule 41

Standing: In Consumer Fraud Case, Plaintiffs’ Claim They Wouldn’t Have Bought Product But for Deceptive Claims and Failure to Disclose Known Risks Constitutes Injury in Fact for Standing Purposes

§ 1782: Availability of Requested Information in Foreign Jurisdiction Irrelevant If Person from Whom Discovery Is Sought Is Unavailable There — Indicia of Sufficient Certainty of Contemplated Foreign Proceeding (Affidavit of Foreign Counsel Suffices)

RICO: Third-Party Payers Adequately Allege Causation Against Pharma Mfrs. for Omission of Known Safety Risk — Doctors Are Intermediaries But Not Intervening Cause — Circuit Split

Court Lacks Inherent Power to Vacate §1782 Order Based on Fraud in Foreign Proceedings[— Rule 60(b)(3) Fraud on Court Must Be Extrinsic to Proceedings — 1782 Court Should Consider Effect on Procedural Parity of Parties (Good Quote)

Securities: Judicial Notice (JN) of Wayback Machine OK — Defs. Can’t Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & of 10b5-1 Plan Only for Fact Sales Made Pursuant Thereto

Discovery Sanctions — Dismissal — Factors (6th Circuit)

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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