Complex Lit Blog

While Magistrate Judges May Not Impose Rule 11 Sanctions in the Second Circuit [& Can Only Issue R&Rs], They May Impose Monetary [& Other Non-Dispositive] Rule 37 Sanctions

Errant Gene Therapeutics, LLC v. Sloan-Kettering Inst. for Cancer Research, 2019 U.S. App. LEXIS 15860 (2d Cir. May 29, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERAT ...

Errant Gene Therapeutics, LLC v. Sloan-Kettering Inst. for Cancer Research, 2019 U.S. App. LEXIS 15860 (2d Cir. May 29, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court…

Rule 11 Sanctions: Frivolousness Standard Unmet Because “Claims Were Not Disposed of So Easily As to Make Them Frivolous” (Good Quote)PER CURIAM:

Gatti v. Goodman, 2019 WL 3213887 (11t Cir. July 17, 2019) (unpublished): *1 Appellants Lou Gatti and Twin Palms, Inc., appeal the district court’s grant of summary judgment to Appellees Helen Goodman, Cliff Goodman, and Twin Palms Resort in this property dispute case. Federal court jurisdiction is based on diversit ...

§ 1782 — Tag Service = “Found” — Signatory to Hague Evidence Convention Likely Receptive to U.S. Discovery — When Is Action “Within Reasonable Contemplation”? — Discovery from Anticipated Defendant Inappropriate

Sandra Holding v. Fawzi, 2019 U.S. Dist. LEXIS 116920 (D. Mass. July 15, 2019): I. Introduction The petitioner, Sandra Holding Ltd. (Sandra Holding), seeks permission to obtain dis ...

Sandra Holding v. Fawzi, 2019 U.S. Dist. LEXIS 116920 (D. Mass. July 15, 2019): I. Introduction The petitioner, Sandra Holding Ltd. (Sandra Holding), seeks permission to obtain discovery in the United States for use in a foreign proceeding pursuant to…

Sanctions: Default Judgment for Defendant’s Failure to Comply with Court-Ordered Discovery — Disobedience “Not Shown to Be Outside Control of Litigant” = Willfulness, Bad Faith or Fault (Good Quote)

Apriori Techs. v. Broquard, 2019 U.S. App. LEXIS 21963 (9th Cir. July 23, 2019) (unpublished): MEMORANDUM* Charles Jerome Broquard ap ...

Apriori Techs. v. Broquard, 2019 U.S. App. LEXIS 21963 (9th Cir. July 23, 2019) (unpublished): MEMORANDUM* Charles Jerome Broquard appeals pro se from the district court's default judgment and permanent injunction in plaintiff's diversity action alleging defamation, intentional interference …

Rule 12(b)(1) Motion to Dismiss for Lack of Standing Is a Facial Attack on Complaint and Considered under Same Standard as Rule 12(b)(6) Motion

Willekes v. Serengeti Trading Co., 2019 U.S. App. LEXIS 22214, 2019 WL 3335554 (3d Cir. July 25, 2019) (unpublished): These appeals arise from the District Court’s dismissal of a suit filed by a ...

Willekes v. Serengeti Trading Co., 2019 U.S. App. LEXIS 22214, 2019 WL 3335554 (3d Cir. July 25, 2019) (unpublished): These appeals arise from the District Court’s dismissal of a suit filed by appellants George, Mark, and Robert Willekes, shareholders …

§ 1782 — Person “Found” within District Only If Presence Satisfies Due Process As Articulated in Supreme Court’s Personal Jurisdiction Case Law (Goodyear, Daimler, et al.)

In re Aso, 2019 U.S. Dist. LEXIS 120873 (S.D.N.Y. July 19, 2019): MEMORANDUM ORDER JAMES L. COTT, United States Magistrate Judge. On April 12, 2019, P ...

In re Aso, 2019 U.S. Dist. LEXIS 120873 (S.D.N.Y. July 19, 2019): MEMORANDUM ORDER JAMES L. COTT, United States Magistrate Judge. On April 12, 2019, Petitioner applied for an order to conduct discovery for use in foreign proceedings pursuant…

RICO Conspiracy Claim Fails If Substantive Violation Inadequately Alleged

Manos v. MTC Fin’l, Inc., 2019 WL 3225991 (9th Cir. July 17, 2019) (unpublished): MEMORANDUM** *1 John Manos, Tara Borrelli, and Jessie Manos appeal from the district court’s judgment dismissing their action alleging federal and state law claims arisi ...

Texts on Decedent’s Facebook Page Authenticated by Other Person’s Screen Name, Contents, Timing of Messages and Decedent’s Actions Consistent with Them

State v. Green, 2019 S.C. App. LEXIS 55 (S.C. Ct. App. June 26, 2019): Convicted by a jury of murder and desecration of human remains, Fabian Lamichael R. Green appeals, challenging the trial court& ...

State v. Green, 2019 S.C. App. LEXIS 55 (S.C. Ct. App. June 26, 2019): Convicted by a jury of murder and desecration of human remains, Fabian Lamichael R. Green appeals, challenging the trial court's admission of a series of direct …

Sanctions—Even Egregious Litigation Abuse Doesn’t Subject Non-Party (Corp. Officer) to Personal Liability for Amount of Claim against Party (Corp.) — Must Be Punished under Appropriate Sanctions Power

The plaintiff in this case, Life Technologies Corp., filed a complaint against another corporation of the same name (the defendant corporation, or the defendant), alleging trademark infringement and unfair competition under the Lanham Act,

Text/Email Authentication — Password / Passcode / Key Is Self-Authenticating If It Works to Unlock Cell Phone [or Other Device]

State v. Stahl, 206 So. 3d 124 (Fla. Ct. App. 2016):The State seeks a writ of certiorari quashing the trial court's order denying the State's motion to compel the production of the passcode to unlock Aaro ...

State v. Stahl, 206 So. 3d 124 (Fla. Ct. App. 2016):The State seeks a writ of certiorari quashing the trial court's order denying the State's motion to compel the production of the passcode to unlock Aaron Stahl's cellphone. We…

Commercial Litigation and Arbitration

While Magistrate Judges May Not Impose Rule 11 Sanctions in the Second Circuit [& Can Only Issue R&Rs], They May Impose Monetary [& Other Non-Dispositive] Rule 37 Sanctions

Rule 11 Sanctions: Frivolousness Standard Unmet Because “Claims Were Not Disposed of So Easily As to Make Them Frivolous” (Good Quote)PER CURIAM:

§ 1782 — Tag Service = “Found” — Signatory to Hague Evidence Convention Likely Receptive to U.S. Discovery — When Is Action “Within Reasonable Contemplation”? — Discovery from Anticipated Defendant Inappropriate

Sanctions: Default Judgment for Defendant’s Failure to Comply with Court-Ordered Discovery — Disobedience “Not Shown to Be Outside Control of Litigant” = Willfulness, Bad Faith or Fault (Good Quote)

Rule 12(b)(1) Motion to Dismiss for Lack of Standing Is a Facial Attack on Complaint and Considered under Same Standard as Rule 12(b)(6) Motion

§ 1782 — Person “Found” within District Only If Presence Satisfies Due Process As Articulated in Supreme Court’s Personal Jurisdiction Case Law (Goodyear, Daimler, et al.)

RICO Conspiracy Claim Fails If Substantive Violation Inadequately Alleged

Texts on Decedent’s Facebook Page Authenticated by Other Person’s Screen Name, Contents, Timing of Messages and Decedent’s Actions Consistent with Them

Sanctions—Even Egregious Litigation Abuse Doesn’t Subject Non-Party (Corp. Officer) to Personal Liability for Amount of Claim against Party (Corp.) — Must Be Punished under Appropriate Sanctions Power

Text/Email Authentication — Password / Passcode / Key Is Self-Authenticating If It Works to Unlock Cell Phone [or Other Device]

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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