Complex Lit Blog

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

Edmondson v. Raniere, 2024 U.S. Dist. LEXIS 175983, 2024 WL 4334374 (E.D.N.Y. Sept. 27, 2024): This case concerns an Albany, New York-based organization that billed itself as an educational enterprise. Founded by Keith Raniere, who touted himself as a scientist, philosopher, and humanitarian, the organization — named NXIVM — offered courses ...

Edmondson v. Raniere, 2024 U.S. Dist. LEXIS 175983, 2024 WL 4334374 (E.D.N.Y. Sept. 27, 2024): This case concerns an Albany, New York-based organization that billed itself as an educational enterprise. Founded by Keith Raniere, who touted himself as a…

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

Malek v. Feigenbaum, 2024 WL 4138389 (2d Cir. Sept. 11, 2024): Before: Walker and ...

Malek v. Feigenbaum, 2024 WL 4138389 (2d Cir. Sept. 11, 2024): Before: Walker and Menashi, Circuit Judges, and Choudhury, District Judge.* Opinion Nusrat J. Choudhury, District Judge: *1 Plaintiff-Appellant Joel J. Malek appeals from the entry of…

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Stecklein v. Experian Info. Sols., Inc., 2024 U.S. App. LEXIS 21835 (8th Cir. Aug. 28, 2024): How much is too much in discovery? The district court1 concluded that Experian Informatio ...

Stecklein v. Experian Info. Sols., Inc., 2024 U.S. App. LEXIS 21835 (8th Cir. Aug. 28, 2024): How much is too much in discovery? The district court1 concluded that Experian Information Solutions crossed the line when it demanded mostly…

Purposes of Rule 37 and Section 1927 Sanctions

Webber v. Leson Chevrolet Co., Inc., 2024 U.S. Dist. LEXIS 152383, *11 (E.D. La. Aug. 26, 2024): SECTION: “T” (5) ORDER AND REASONS On May 29, 2024, this Court issued a Rule to Show Cause why Plaintiff’s counsel, JP Gorham, should not be sanctioned for repeatedly violating the orders of this Co ...

Webber v. Leson Chevrolet Co., Inc., 2024 U.S. Dist. LEXIS 152383, *11 (E.D. La. Aug. 26, 2024): SECTION: “T” (5) ORDER AND REASONS On May 29, 2024, this Court issued a Rule to Show Cause why Plaintiff’s counsel, JP …

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Int'l Union of Operating Eng'rs v. NLRB, 109 F.4th 905 (7th Cir. 2024): Opinion In early 2018, employees represented by the International Union of Operating Engineers, Local 150, went on strike at two quarries. During that strike, the mining company operating those quarries, RiverStone Group, Inc., disciplined and discharged a union member, required anoth ...

Int’l Union of Operating Eng’rs v. NLRB, 109 F.4th 905 (7th Cir. 2024): Opinion In early 2018, employees represented by the International Union of Operating Engineers, Local 150, went on strike at two quarries. During that strike, the mining company…

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Castillo v. Allstate Prop. & Cas. Ins. Co., 2024 U.S. App. LEXIS 21205 (10th Cir. Aug. 22, 2024) ...

Castillo v. Allstate Prop. & Cas. Ins. Co., 2024 U.S. App. LEXIS 21205 (10th Cir. Aug. 22, 2024) (unpublished): ORDER AND JUDGMENT* *1 This suit was brought by a policyholder against her insurer, Allstate Property and Casualty Insurance Company.…

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

Weissman v. Cheokas, 2024 U.S. App. LEXIS 21339 (11th Cir. Aug. 23, 2024): PER CURIAM: ...

Weissman v. Cheokas, 2024 U.S. App. LEXIS 21339 (11th Cir. Aug. 23, 2024): PER CURIAM: Plaintiff-Appellant Donald Andersen served as counsel for Plaintiffs Mark Weissman and Weatherly Aviation Company, Inc. (collectively, Plaintiffs) in a suit against Defendant-Appellee Michael Cheokas seeking…

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

Doe v. Charlotte Mecklenburg Bd. of Educ., 2024 U.S. App. LEXIS 18645 (4th Cir. July 29, 2024) (unpub ...

Doe v. Charlotte Mecklenburg Bd. of Educ., 2024 U.S. App. LEXIS 18645 (4th Cir. July 29, 2024) (unpublished): PER CURIAM: *1 Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit. In 2015, a school…

Inherent Power and § 1927 Sanctions: Removal of counsel from case, referral for disciplinary action, and award of fees and costs for assaulting opposing counsel at deposition — Failure to request hearing waive any right to a hearing — Notice and opportunity to be heard required before sua sponte sanctions imposed, whether under Rule 11, the inherent power of the court or § 1927 — Notice may come from court or opposing counsel — Order imposing sanctions cannot provide notice of sanctions — Nature of bad faith requirement for inherent power sanctions: bad faith to obstruct the judicial process or bring about violation of a court order — Sanctions proceeding need not defer (Younger abstention) to disciplinary proceeding involving the same conduct — Sanctions proceeding doesn’t threaten to interfere with disciplinary proceeding — Why District Court is accorded significant deference in matters concerning attorney’s fees

Vega v. Chi. Bd. of Educ., 2024 U.S. App. LEXIS 18614 (7th Cir. July 29, 2024): *1

Vega v. Chi. Bd. of Educ., 2024 U.S. App. LEXIS 18614 (7th Cir. July 29, 2024): *1 Caryn Shaw, an attorney for the Plaintiffs in this case, allegedly assaulted opposing counsel Lisa Dreishmire after a heated deposition at the Chicago …

Rule 11 Sanctions — Even If Court Invites Sanctions Motion, Safe Harbor Must Be Complied With — If Safe Harbor Is Not Provided, Court May Not Proceed Sua Sponte without Affording the Due Process Required by Rule 11(c)(3): Issuing a Show Cause Order Why Conduct Specifically Described In The Order Has Not Violated — The Show Cause Order Need Not Be A Separate Order — Appellee’s Request That Appellate Court Consider Alternate Ground of Inherent Power Sanctions Fails Due to Lack of Notice That Inherent Power Sanctions, and Therefore Bad Faith, Were At Issue

Kennard Law P.C. v. United Airlines, Inc., 2024 U.S. App. LEXIS 19962 (5th Cir. Aug. 8, 2024) (unpubl ...

Kennard Law P.C. v. United Airlines, Inc., 2024 U.S. App. LEXIS 19962 (5th Cir. Aug. 8, 2024) (unpublished): PER CURIAM:* *1 After granting summary judgment for the defendant employer in an employment discrimination lawsuit, the district court sanctioned the…

Commercial Litigation and Arbitration

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

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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