Complex Lit Blog

Social Media Photo Properly Authenticated by Person Who Has Seen Subject of Photo in Same Garb in Person and in Footage That Subject Has Admitted Depicts Him

Commonwealth v. Kelley, 2019 Pa. Super. Unpub. LEXIS 2531 (Pa. Super. Ct. June 28, 2019): Robert Leon Kelley, Jr. ("Kelley"), appeals from the judgment of sentence imposed following his conviction ...

Rule 11 Sanctions Apt for Frivolous $160 Million Damages Claims (inter alia) — “Sanctions Are Warranted When a Party Exhibits Deliberate Indifference to Obvious Facts” (Good Quote)

EMI Sun Village, Inc. v. Catledge, 2019 WL 2714325 (11th Cir. June 28, 2019) (unpublished): In this appeal, Fred Elliott and several entities under his control challenge the district court’s order setting aside the entry of default and dismissing one defendant, its order dismissing most of the claims in their complaint for failing ...

Strong Presumption of Public Access to SJ Materials Unaffected by Denial of SJ — Lesser (But Substantial) Presumption re Discovery, In Limine, Non-Dispositive Motions — “Unscrupulous Litigants Can Weaponize Discovery” (Good Quote)

Julie Brown v. Maxwell, 2019 U.S. App. LEXIS 19981 (2d Cir. July 3, 2019): Intervenors-Appellants Alan M. Dershowitz ("Dershowitz"), Michael Cernovich ("Cernovich"), and the Miam ...

Julie Brown v. Maxwell, 2019 U.S. App. LEXIS 19981 (2d Cir. July 3, 2019): Intervenors-Appellants Alan M. Dershowitz ("Dershowitz"), Michael Cernovich ("Cernovich"), and the Miami Herald Company (with reporter Julie Brown, jointly the "Herald") appeal from certain orders of the …

Photos of Texts Functionally Equivalent to Printouts of Emails and Satisfy Best Evidence Rule

State v. Clark, 2019 Kan. App. Unpub. LEXIS 449 (Kan. Ct. App. July 5, 2019): Per Curiam: At the end of a five-day trial, a jury in Leavenworth County District Court found Nicholas Arthur Clark guilty of t ...

Spoliation — Unexplained Failure to Produce Relevant Doc Created after Litigation Reasonably Foreseeable Entitled Adversary to At Least Permissive Adverse Inference — One Factor in Reversal of SJ

Iyoha v. Architect of the Capitol, 2019 U.S. App. LEXIS 19755 (D.C. Cir. July 2, 2019): In 2012, the Congressional Office of Compliance determined that the Architect of the Capitol unlawfully transferred a ...

R. 30(d)(3), §1927, Inherent Power Sanctions for Deposition Obstruction: “Calls for Speculation,” “Don’t Guess,” “You Can Answer If You Understand,” “Not Qualified to Answer” / Improper Instructions Not to Answer

In re Ford Motor Co. DPS6 Powershift Transmission Prods. Liab. Litig., 2019 U.S. Dist. LEXIS 91557 (C.D. Cal. May 13, 2019): ORDER GRANTING IN PART FORD MOTOR COMPANY'S MOTION FOR SANCTIONS AGAINST PLAI ...

Rule 56(d) Motion for Additional Discovery “Should Be Granted Almost As a Matter of Course” and Be Construed “Generously” Unless Discovery Not Diligently Pursued (Good Quotes) — Factors for Court’s Consideration

Doe v. City of Memphis, 2019 U.S. App. LEXIS 19225 (6th Cir. June 27, 2019): Jane Doe No. 2 appeals the district court's March 9, 2017 Order granting Defendant City of Memphis summary judgment, and the ...

Inherent Power Sanctions — Extrajudicial Misconduct — Dismissal for Threatening Own Counsel, Mediator, Opposing Claimants and Individual Representative of Opposing Party

Davis v. St. Luke’s-Roosevelt Hosp. Ctr., 2019 WL 2754725 (2d Cir July 2, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Barry Davis, proceeding pro se, appeals from a judgment of the District Cour ...

District Court Not Divested by Appeal of Power to Order Civil Contempt Sanction of $500/day for Failure to Pay Pre-Appeal Sanctions Award — While Pre-Judgment Civil Contempt Not Appealable, Post-Judgment Contempt Order = §1291 Final Decision

CGC Holding Co., LLC v. Hutchens, 2019 WL 2724333 (10th Cir. July 1, 2019) (unpublished): *1 Defendants-Appellants Sandy Hutchens, Tanya Hutchens, and Jennifer Hutchens (collectively “the Hutchens Defendants”), proceeding pro se, appeal from a post-judgment

CGC Holding Co., LLC v. Hutchens, 2019 WL 2724333 (10th Cir. July 1, 2019) (unpublished): *1 Defendants-Appellants Sandy Hutchens, Tanya Hutchens, and Jennifer Hutchens (collectively “the Hutchens Defendants”), proceeding pro se, appeal from a post-judgment1 order finding them in …

Sanctions: Rule 11 “Duty to Conduct Reasonable Investigation into Law & Facts … Renews at Each Stage of Litigation” (Good Quotes) — 7th Circuit (Alone) Continues to Accept Disregard of Motion Requirement, Letter OK

McGreal v. Village of Orland Park, 2019 WL 2609341 (7th Cir. June 26, 2019): *1 The Village of Orland Park fired police officer Joseph McGreal in 2010. McGreal sued, alleging that the Village fired him in retaliation for remarks he made at a community board meeting. The district court granted summary judgment for th ...

Commercial Litigation and Arbitration

Social Media Photo Properly Authenticated by Person Who Has Seen Subject of Photo in Same Garb in Person and in Footage That Subject Has Admitted Depicts Him

Rule 11 Sanctions Apt for Frivolous $160 Million Damages Claims (inter alia) — “Sanctions Are Warranted When a Party Exhibits Deliberate Indifference to Obvious Facts” (Good Quote)

Strong Presumption of Public Access to SJ Materials Unaffected by Denial of SJ — Lesser (But Substantial) Presumption re Discovery, In Limine, Non-Dispositive Motions — “Unscrupulous Litigants Can Weaponize Discovery” (Good Quote)

Photos of Texts Functionally Equivalent to Printouts of Emails and Satisfy Best Evidence Rule

Spoliation — Unexplained Failure to Produce Relevant Doc Created after Litigation Reasonably Foreseeable Entitled Adversary to At Least Permissive Adverse Inference — One Factor in Reversal of SJ

R. 30(d)(3), §1927, Inherent Power Sanctions for Deposition Obstruction: “Calls for Speculation,” “Don’t Guess,” “You Can Answer If You Understand,” “Not Qualified to Answer” / Improper Instructions Not to Answer

Rule 56(d) Motion for Additional Discovery “Should Be Granted Almost As a Matter of Course” and Be Construed “Generously” Unless Discovery Not Diligently Pursued (Good Quotes) — Factors for Court’s Consideration

Inherent Power Sanctions — Extrajudicial Misconduct — Dismissal for Threatening Own Counsel, Mediator, Opposing Claimants and Individual Representative of Opposing Party

District Court Not Divested by Appeal of Power to Order Civil Contempt Sanction of $500/day for Failure to Pay Pre-Appeal Sanctions Award — While Pre-Judgment Civil Contempt Not Appealable, Post-Judgment Contempt Order = §1291 Final Decision

Sanctions: Rule 11 “Duty to Conduct Reasonable Investigation into Law & Facts … Renews at Each Stage of Litigation” (Good Quotes) — 7th Circuit (Alone) Continues to Accept Disregard of Motion Requirement, Letter OK

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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