Complex Lit Blog

§1782 Application Denied Where It Sought (1) Discovery Available from Party to Foreign Litigation, (2) to Circumvent Restrictive Foreign Discovery Practices & (3) Evidence from Foreign Subsidiary of Subpoenaed U.S. Entity

Effecten-Spiegel AG v. Merrill Lynch, Pierce, Fenner & Smith Inc., 2019 U.S. App. LEXIS 17061, 2019 WL 2354776 (2d Cir. June 4, 2019) (unpublished): UPON DUE C ...

Effecten-Spiegel AG v. Merrill Lynch, Pierce, Fenner & Smith Inc., 2019 U.S. App. LEXIS 17061, 2019 WL 2354776 (2d Cir. June 4, 2019) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the…

Discovery Sanctions (26, 37, 1928, Inherent Power) Properly Denied Where All Materials Eventually Produced, None of the Late-Produced Documents Affected the Outcome, and Both Sides Contributed to Delay and Expense

Green v. City of Southfield, 2019 U.S. App. LEXIS 15744 (6th Cir. May 28, 2019): Two cars collided in a busy intersection in a Detroit suburb. The police decid ...

Green v. City of Southfield, 2019 U.S. App. LEXIS 15744 (6th Cir. May 28, 2019): Two cars collided in a busy intersection in a Detroit suburb. The police decided that one of the drivers, Dawn Green, ran a red…

Arbitration — 4 Triggers for the New York Convention — Because Convention Is a Treaty, It Is Unaffected by Statute Protecting State Regulation from Any “Act of Congress” — Convention Preempts Contrary State Statute

McDonnel Grp., L.L.C. v. Great Lakes Ins. SE, 2019 U.S. App. LEXIS 14177, 2019 WL 2082905 (5th Cir May 13, 2019): In this appeal, relating to arbitrati ...

McDonnel Grp., L.L.C. v. Great Lakes Ins. SE, 2019 U.S. App. LEXIS 14177, 2019 WL 2082905 (5th Cir May 13, 2019): In this appeal, relating to arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,…

Declining Supplemental Jurisdiction on Dismissal of Federal Claims without Considering Diversity Abuses Discretion when Diversity Possible from Complaint — Pro Se Should Get One Amendment

Stoller v. Walworth Cty., 2019 WL 2305033 (7th Cir. May 30, 2019): *1 Christopher Stoller (along with Michael Stoller, who is not a party to this appeal) sued Walworth County, Wisconsin, and many of its public officials for allegedly selling tax-delinquent property at inflated prices based on “sham” apprai ...

Stoller v. Walworth Cty., 2019 WL 2305033 (7th Cir. May 30, 2019): *1 Christopher Stoller (along with Michael Stoller, who is not a party to this appeal) sued Walworth County, Wisconsin, and many of its public officials for allegedly selling …

Social Media Video — Silent Witness Theory of Authentication / Admissibility — Unedited Videos Compiled from Party’s Phone Showing Party Sufficiently Authenticated without Proof of Process of Reproduction — Judge vs. Jury Roles [R. 104(a) vs.(b)]

Hibbert v. State, 2019 Md. App. LEXIS 438 (Md. Ct. Spec. App. May 29, 2019): Appellant Jovan A. Hibbert was convicted in the Circuit Court for Montgom ...

Hibbert v. State, 2019 Md. App. LEXIS 438 (Md. Ct. Spec. App. May 29, 2019): Appellant Jovan A. Hibbert was convicted in the Circuit Court for Montgomery County of human trafficking by force and benefitting financially from human trafficking. …

Texts — Admissibility: Offer to Buy Cocaine ≠ Hearsay [I.e., Is a Verbal Act] — Authentication by Recipient Who Recognized Number As One He’d Used to Converse with Sender, and Sender’s Acts in Compliance with Text, Enough

Commonwealth v. Davis, 2019 Pa. Super. Unpub. LEXIS 2129 (Pa. Super. Ct. May 31, 2019): Damion Glenroy Davis appeals from the judgment of sentence ente ...

Commonwealth v. Davis, 2019 Pa. Super. Unpub. LEXIS 2129 (Pa. Super. Ct. May 31, 2019): Damion Glenroy Davis appeals from the judgment of sentence entered following his jury trial convictions for possession with intent to deliver ("PWID") [controlled substances] …

No Disqualification for Concurrent Representation — Insurer’s Employment of Lawyer for Insured Creates Only Principal-Independent Contractor Relationship

Developers Diversified of Tenn., Inc. v. Tokio Marine & Fire Ins. Co., 2019 U.S. Dist. LEXIS 70184, 2019 WL 1861322 (M.D. Tenn. April 25, 2019): Pending before ...

Developers Diversified of Tenn., Inc. v. Tokio Marine & Fire Ins. Co., 2019 U.S. Dist. LEXIS 70184, 2019 WL 1861322 (M.D. Tenn. April 25, 2019): Pending before the Court is Plaintiff's motion for attorneys' fees and related nontaxable [*2] …

Rule 37(a)(2) Sanctions: 4 Factors in + 4 More If Case-Ending (5th Cir.) — Is Striking Pleadings Always Case Ending? — An Effect Cannot Precede Its Cause (Good Quote)

Law Funder LLC v. Munoz, 2019 WL 2127559 (5th Cir. May 16, 2019): PER CURIAM: *1 The Law Funder, L.L.C., sued Sergio Munoz, Jr., and his law firm for legal malpractice. Finding a series of discovery violations and related malfeasance, the district court struck Munoz’s answer. Munoz did not move to replead, an ...

Sanctions: Failure to Honor Safe Harbor Dooms R. 11 Motion — No Bad Faith for Inherent Power Where Claim Survived Dismissal Motion — A Single Amended Complaint, No Delay in Discovery, Then Prompt Dismissal of Claims ≠ §1927 Multiplicity

PER CURIAM: Akira Techs., Inc. v. Conceptant, Inc., 2019 WL 2024830 (4th Cir. May 8, 2019) (unpublished): Appellants Conceptant, Inc., NuCognition, Inc., Joshua Phipps, Andrey Mikhalchuk, and Lisa Houle appeal the district court’s order denying their motion for attorney’s fees against Appellee Akira Technologies, Inc. Becau ...

Rule 11 Sanctions for Stubbornly Pursuing Time-Barred Claim Despite Judicial Warning — Order to Show Cause for FRAP 38 Sanctions for Even More Frivolous Arguments on Appeal & Not Even Responding to 1 Dispositive Argument

Veit v. Frater, 2019 U.S. App. LEXIS 10711, 2019 WL 1568077 (7th Cir. April 11, 2019) (unpublished): In

Veit v. Frater, 2019 U.S. App. LEXIS 10711, 2019 WL 1568077 (7th Cir. April 11, 2019) (unpublished): In Veit v. Frater , 715 F. App'x 524 (7th Cir. 2017), we vacated the district court's decision that claim preclusion …

Commercial Litigation and Arbitration

§1782 Application Denied Where It Sought (1) Discovery Available from Party to Foreign Litigation, (2) to Circumvent Restrictive Foreign Discovery Practices & (3) Evidence from Foreign Subsidiary of Subpoenaed U.S. Entity

Discovery Sanctions (26, 37, 1928, Inherent Power) Properly Denied Where All Materials Eventually Produced, None of the Late-Produced Documents Affected the Outcome, and Both Sides Contributed to Delay and Expense

Arbitration — 4 Triggers for the New York Convention — Because Convention Is a Treaty, It Is Unaffected by Statute Protecting State Regulation from Any “Act of Congress” — Convention Preempts Contrary State Statute

Declining Supplemental Jurisdiction on Dismissal of Federal Claims without Considering Diversity Abuses Discretion when Diversity Possible from Complaint — Pro Se Should Get One Amendment

Social Media Video — Silent Witness Theory of Authentication / Admissibility — Unedited Videos Compiled from Party’s Phone Showing Party Sufficiently Authenticated without Proof of Process of Reproduction — Judge vs. Jury Roles [R. 104(a) vs.(b)]

Texts — Admissibility: Offer to Buy Cocaine ≠ Hearsay [I.e., Is a Verbal Act] — Authentication by Recipient Who Recognized Number As One He’d Used to Converse with Sender, and Sender’s Acts in Compliance with Text, Enough

No Disqualification for Concurrent Representation — Insurer’s Employment of Lawyer for Insured Creates Only Principal-Independent Contractor Relationship

Rule 37(a)(2) Sanctions: 4 Factors in + 4 More If Case-Ending (5th Cir.) — Is Striking Pleadings Always Case Ending? — An Effect Cannot Precede Its Cause (Good Quote)

Sanctions: Failure to Honor Safe Harbor Dooms R. 11 Motion — No Bad Faith for Inherent Power Where Claim Survived Dismissal Motion — A Single Amended Complaint, No Delay in Discovery, Then Prompt Dismissal of Claims ≠ §1927 Multiplicity

Rule 11 Sanctions for Stubbornly Pursuing Time-Barred Claim Despite Judicial Warning — Order to Show Cause for FRAP 38 Sanctions for Even More Frivolous Arguments on Appeal & Not Even Responding to 1 Dispositive Argument

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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