Complex Lit Blog

Arbitration: Evident Partiality—Arbitrator Must Disclose Ownership Interest in Administering Entity & Whether Either Party Has Had Prior Non-Trivial Business Dealings — When Party Has Constructive Knowledge of Evident Partiality

Monster Energy Co. v. City Bevs., LLC, 2019 U.S. App. LEXIS 31388 (9th Cir. Oct. 22, 2019): City Beverages, LLC, doing business as Olympic Eagle Distributing [*4] (Olympic Eagle), and Monster Energy Co. (M ...

The Existence of a Default Judgment against a Foreign State Can Establish Venue in the District in Which It Was Entered If the Foreign State Attempts to Open Up the Judgment (28 U.S.C. § 1391(f)(1))

Gater Assets Ltd. v. AO Gazsnabtranzit, 2019 U.S. Dist. LEXIS 167195 (S.D.N.Y. Sept. 27, 2019): Before the Court are a number of motions relating to Plaintiff-Petitioner Gater Assets Limited's (&q ...

Gater Assets Ltd. v. AO Gazsnabtranzit, 2019 U.S. Dist. LEXIS 167195 (S.D.N.Y. Sept. 27, 2019): Before the Court are a number of motions relating to Plaintiff-Petitioner Gater Assets Limited's ("Plaintiff") attempt to enforce an arbitration award against Defendants AO Moldovagaz …

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 ...

Experts: Opinion Expressed As “Belief” Satisfies Daubert If It Reflects Conclusions Based on Actual Knowledge, Not “Mere Belief Or Speculation” — Rule 37(c)(1) Sanctions: Exclusion Not Automatic

Turner v. Phillips 66 Co., 2019 U.S. App. LEXIS 30880 (10th Cir. Oct. 16, 2019) (unpublished): Richard Turner appeals the grant of summary judgment in favor of Phillips 66 Company on his claims under the

Rule 11 Sanctions: “In Rare Cases, District Courts May Dismiss … for Willful, Malicious & Flagrant Violations” — “Malicious Abuse of Process Justifies Dismiss[al]” (Good Quotes)

Tyagi v. Smith, 2019 WL 5304639 (7th Cir. Oct. 21, 2019): *1 Sanjay Tyagi, Alka Jagatia, and their child, A.T., appeal the dismissal of their case as a sanction under

Tyagi v. Smith, 2019 WL 5304639 (7th Cir. Oct. 21, 2019): *1 Sanjay Tyagi, Alka Jagatia, and their child, A.T., appeal the dismissal of their case as a sanction under Federal Rules of Civil Procedure 11 and 37. The…

Experts — Factual Basis for Opinion Generally Goes to Credibility, Not Admissibility — Cross, Contrary Evidence, Burden of Proof Are Means to Attack Shaky But Admissible Evidence (Good Quotes)

Klingenberg v. Vulcan Ladder USA, LLC, 2019 U.S. App. LEXIS 26216 (8th Cir. Aug. 29, 2019): Jeffrey Klingenberg and his wife sued Vulcan Ladder USA, LLC, and GP International Company, for a design d ...

Klingenberg v. Vulcan Ladder USA, LLC, 2019 U.S. App. LEXIS 26216 (8th Cir. Aug. 29, 2019): Jeffrey Klingenberg and his wife sued Vulcan Ladder USA, LLC, and GP International Company, for a design defect and breach of express warranty. After …

Spoliation — Amending Complaint to Add Substantive Spoliation Tort Claim + Requesting Sanctions in Summary Judgment Brief Does Not Preserve Review of Failure to Sanction: Need Motion

Sroka v. Wal-Mart Stores E., 2019 U.S. App. LEXIS 26011 (6th Cir. Aug. 29, 2019) (unpublished): Anyone who hears Michelle Sroka's story cannot but have the utmost sympathy for her: Heading to the local ...

RICO — Federal Question Jurisdiction “Exists Only Where There Is a ‘Colorable’ Claim Arising under Federal Law” — Not If It Is “Insubstantial, Implausible, Foreclosed by [Precedent or] Completely Devoid of Merit” (Good Quotes)

Jones v. USAA Cas. Ins. Co., 2019 U.S. App. LEXIS 24567 (10th Cir. August 19, 2019) (unpublished): Alberta Rose Josephine Jones, proceeding pro se, sued numerous defendants after a large tree fell and ...

Rule 37 Sanctions — Default Judgment Requires Willfulness & Bad Faith, Plus a Well-Pleaded Complaint Alleging a Sufficient Basis for the Judgment Entered — No Disqualification under R. 1.18 If Opposing Party’s Consultation Concerned Unrelated Matter

Thornton v. Hospitality Mgmt. Assocs., Inc., 2019 WL 4858252 (11th Cir. Oct. 2, 2019) (unpublished): *1 Douglas Gurney, proceeding pro se, appeals the district court’s award of expenses and entry of default judgment as

Thornton v. Hospitality Mgmt. Assocs., Inc., 2019 WL 4858252 (11th Cir. Oct. 2, 2019) (unpublished): *1 Douglas Gurney, proceeding pro se, appeals the district court’s award of expenses and entry of default judgment as Federal Rule of Civil Procedure 37(b)…

Facebook/Social Media Authentication — West Virginia Adopts Liberal, Circumstantial Evidence Approach — Testimony from Conversant, Witness to Party Sending or Receiving, or Distinctive Characteristics Sufficient

State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court ...

State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court of Ritchie County…

Commercial Litigation and Arbitration

Arbitration: Evident Partiality—Arbitrator Must Disclose Ownership Interest in Administering Entity & Whether Either Party Has Had Prior Non-Trivial Business Dealings — When Party Has Constructive Knowledge of Evident Partiality

The Existence of a Default Judgment against a Foreign State Can Establish Venue in the District in Which It Was Entered If the Foreign State Attempts to Open Up the Judgment (28 U.S.C. § 1391(f)(1))

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

Experts: Opinion Expressed As “Belief” Satisfies Daubert If It Reflects Conclusions Based on Actual Knowledge, Not “Mere Belief Or Speculation” — Rule 37(c)(1) Sanctions: Exclusion Not Automatic

Rule 11 Sanctions: “In Rare Cases, District Courts May Dismiss … for Willful, Malicious & Flagrant Violations” — “Malicious Abuse of Process Justifies Dismiss[al]” (Good Quotes)

Experts — Factual Basis for Opinion Generally Goes to Credibility, Not Admissibility — Cross, Contrary Evidence, Burden of Proof Are Means to Attack Shaky But Admissible Evidence (Good Quotes)

Spoliation — Amending Complaint to Add Substantive Spoliation Tort Claim + Requesting Sanctions in Summary Judgment Brief Does Not Preserve Review of Failure to Sanction: Need Motion

RICO — Federal Question Jurisdiction “Exists Only Where There Is a ‘Colorable’ Claim Arising under Federal Law” — Not If It Is “Insubstantial, Implausible, Foreclosed by [Precedent or] Completely Devoid of Merit” (Good Quotes)

Rule 37 Sanctions — Default Judgment Requires Willfulness & Bad Faith, Plus a Well-Pleaded Complaint Alleging a Sufficient Basis for the Judgment Entered — No Disqualification under R. 1.18 If Opposing Party’s Consultation Concerned Unrelated Matter

Facebook/Social Media Authentication — West Virginia Adopts Liberal, Circumstantial Evidence Approach — Testimony from Conversant, Witness to Party Sending or Receiving, or Distinctive Characteristics Sufficient

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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