Complex Lit Blog

Daubert — While District Court Must Create a Record & Articulate Its Basis for Rulings on Expert Evidence, Belated Explanation in Order Denying New Trial Sufficient

United States v. Hodge, 2019 U.S. App. LEXIS 23715 (5th Cir. Aug. 8, 2019): After a five-week trial on

United States v. Hodge, 2019 U.S. App. LEXIS 23715 (5th Cir. Aug. 8, 2019): After a five-week trial on False Claims Act and Financial Institutions Reform, Recovery and Enforcement Act claims, the government secured judgments and penalties that totaled nearly …

Attorney-Client Privilege/Work Product — Waiver — Inadvertent Disclosure Made Prior to Commencement of Litigation Is Not Made “In a Federal Proceeding” and Isn’t Governed by Fed. R. Evid. 502(b)

Joubert v. Hussain, 2019 U.S. Dist. LEXIS 162073 (S.D. Ga. Sept. 23, 2019): Before the Court are Defendants Zachary Hussain, Sondy Lawrence, Tina Bland, Victory Duncan, Jim Hannah, Harriet Coles, Michael Newm ...

RICO Enterprise: Closed-Ended Continuity Requires 2 Years, But 2 Years, Alone, Insufficient (2d Cir.) — Open-Ended: Conclusory Allegation Schemes Are Defs’ Regular Way of Doing Business Insufficient — No Judicial Notice of Docs on Motion to Dismiss

Ambase Corp. v. 111 W. 57th Sponsor LLC, 2019 WL 4127342 (2d Cir. Aug. 30, 2019) (unpublished): SUMMARY ORDER Plaintiffs-Appellants AmBase Corporation, 111 West 57th Manager Funding LLC, a ...

Ambase Corp. v. 111 W. 57th Sponsor LLC, 2019 WL 4127342 (2d Cir. Aug. 30, 2019) (unpublished): SUMMARY ORDER Plaintiffs-Appellants AmBase Corporation, 111 West 57th Manager Funding LLC, and 111 West 57th Investment LLC (collectively, “AmBase”) appeal from the judgment…

§ 1927 Sanctions Require Subjective Or Objective Bad Faith — Objective Bad Faith Is Reckless Indifference to the Law (Thus, Reckless Satisfies §1927, in 7th Circuit)

4SEMO.com Inc. v. S. Ill. Storm Shelters, Inc., 2019 U.S. App. LEXIS 30041 (7th Cir. Oct. 7, 2019): This appeal involves a long-running trademark dispute over ownership and misuse of a wordmark and logo for ...

28 U.S.C. §1782: “Resides Or Is Found” = Limits of Personal Jurisdiction — Application to Non-Parties (Relationship betw. Contacts & Discovery) — §1782 Has Extraterritorial Reach, Like the Discovery Rules

In re del Valle Ruiz, 2019 U.S. App. LEXIS 30002 (2d Cir. Oct. 7, 2019): Banco Santander S.A. ("Santander") acquired Banco Popular Español, S.A. ("BPE") after a government-force ...

In re del Valle Ruiz, 2019 U.S. App. LEXIS 30002 (2d Cir. Oct. 7, 2019): Banco Santander S.A. ("Santander") acquired Banco Popular Español, S.A. ("BPE") after a government-forced sale. Petitioners, a group of Mexican nationals and two investment and …

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 …

Act of State Doctrine (Unlike Sovereign Immunity or Political Question) ≠ Jurisdictional or Abstention But Merits Issue — Bars Suit Only If Court Must Decide the Effect of Official Action by Foreign Sovereign

Mt. Crest Srl v. Anheuser-Busch Inbev Sa/Nv, 2019 U.S. App. LEXIS 26840 (7th Cir. Sept. 5, 2019): Mountain Crest SRL, LLC ("Mountain Crest"), brought this action, alleging that Anheuser Busch InBe ...

Rule 701 vs. 702: Witness with Technical or Specialized Knowledge May Provide 701 Opinion Directly Related to Witness’s Personal Knowledge without Making 702 Expert Disclosure — Expert Opining as Such Must Make Timely Disclosure

Modern Auto. Network, LLC v. E. Alliance Ins. Co., 2019 U.S. Dist. LEXIS 161850Before the Court are Defendants' Motion for Summary Judgment, (ECF No. 32), Plaintiff's Motion to Strike, (ECF No. 35), and Defendants' ...

In Diversity Case, Does State or Federal Law Determine Whether Judge May Inform Jury of Effect of Its Findings? — Federal, Because It’s Procedural — Judge Not Required to, But May, Do So, in Instructions or Verdict Form

Ermini v. Scott, 2019 U.S. App. LEXIS 27206 (11th Cir. Sept. 10, 2019): This case arises out of a routine wellness check that went badly awry. The underlying episode began with three Lee County deputies sto ...

Untimely Expert Report — Rule 37(c)(1) Exclusion Is Matter of Discretion for District Court — Harmless Error May Be Inferred from Facts before District Court

Long v. E. Coast Waffles, Inc., 762 Fed. Appx. 869 (11th Cir. Mar. 8, 2019) (unpublished): PER CURIAM: East Coast Waffles, Inc. appeals from the district court's judgment in favor of plai ...

Long v. E. Coast Waffles, Inc., 762 Fed. Appx. 869 (11th Cir. Mar. 8, 2019) (unpublished): PER CURIAM: East Coast Waffles, Inc. appeals from the district court's judgment in favor of plaintiff Steve Long after a jury found East Coast …

Commercial Litigation and Arbitration

Daubert — While District Court Must Create a Record & Articulate Its Basis for Rulings on Expert Evidence, Belated Explanation in Order Denying New Trial Sufficient

Attorney-Client Privilege/Work Product — Waiver — Inadvertent Disclosure Made Prior to Commencement of Litigation Is Not Made “In a Federal Proceeding” and Isn’t Governed by Fed. R. Evid. 502(b)

RICO Enterprise: Closed-Ended Continuity Requires 2 Years, But 2 Years, Alone, Insufficient (2d Cir.) — Open-Ended: Conclusory Allegation Schemes Are Defs’ Regular Way of Doing Business Insufficient — No Judicial Notice of Docs on Motion to Dismiss

§ 1927 Sanctions Require Subjective Or Objective Bad Faith — Objective Bad Faith Is Reckless Indifference to the Law (Thus, Reckless Satisfies §1927, in 7th Circuit)

28 U.S.C. §1782: “Resides Or Is Found” = Limits of Personal Jurisdiction — Application to Non-Parties (Relationship betw. Contacts & Discovery) — §1782 Has Extraterritorial Reach, Like the Discovery Rules

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))

Act of State Doctrine (Unlike Sovereign Immunity or Political Question) ≠ Jurisdictional or Abstention But Merits Issue — Bars Suit Only If Court Must Decide the Effect of Official Action by Foreign Sovereign

Rule 701 vs. 702: Witness with Technical or Specialized Knowledge May Provide 701 Opinion Directly Related to Witness’s Personal Knowledge without Making 702 Expert Disclosure — Expert Opining as Such Must Make Timely Disclosure

In Diversity Case, Does State or Federal Law Determine Whether Judge May Inform Jury of Effect of Its Findings? — Federal, Because It’s Procedural — Judge Not Required to, But May, Do So, in Instructions or Verdict Form

Untimely Expert Report — Rule 37(c)(1) Exclusion Is Matter of Discretion for District Court — Harmless Error May Be Inferred from Facts before District Court

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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