Complex Lit Blog

Inherent Power Sanctions — D.Ct. Should Consider Lesser Sanctions before Dismissing, But Need Not If Plaintiff Acted in Bad Faith, Has Significant Litigation Experience [Especially] with In Forma Pauperis Statute

Shepherd v. Annucci, 2019 U.S. App. LEXIS 10971 (2d Cir. April 15, 2019): Plaintiff-Appellant Eon Shepherd appeals from the judgment of the United Stat ...

Shepherd v. Annucci, 2019 U.S. App. LEXIS 10971 (2d Cir. April 15, 2019): Plaintiff-Appellant Eon Shepherd appeals from the judgment of the United States District Court for the Western District of New York (Larimer, J.), which dismissed his pro …

Suspending Sanctions ‘Til New Violation — Dist. Court Has FRAP 38-Like Sanctions for Bkcy. Appeals — Cutting Brief Pages as Sanction — Lack of Merit + Motive = Objective Bad Faith — Attacks on Court, Counsel Sxable—Fed. Cts. & St. Discipline

In re Lisse, 2019 U.S. App. LEXIS 9496 (7th Cir. April 1, 2019): Attorney Wendy Alison Nora appeals a decision requiring her and her client to pay damages and ...

In re Lisse, 2019 U.S. App. LEXIS 9496 (7th Cir. April 1, 2019): Attorney Wendy Alison Nora appeals a decision requiring her and her client to pay damages and costs related to this bankruptcy litigation, as well as an…

Court Lacks Inherent Power (IHP) to Release Grand Jury Records — Limited to Exceptions in Fed. R. Crim. P. 6(e) — Exercise of IHP Can’t Be Contrary to Express Grant of or Limitation on, Court’s Power in Rule or Statute

McKeever v.

McKeever v. Barr, 2019 U.S. App. LEXIS 10061, 2019 WL 1495027 (D.C. Cir. April 5, 2019) (2-1 decision): Historian Stuart A. McKeever appeals an order of the district court denying his petition to release grand jury records from the …

Sanctions: Should Lawyer’s Sins Be Visited on Client? (Opinion vs. Concurence) — R 37 Dismissal (Factors) for Misconduct at Adverse Medical Exam — Secret Recording Deceptive Even If Legal

Mager v. Wis. Cent., 2019 U.S. App. LEXIS 14364 (6th Cir. May 15, 2019): Peter Mager sought to recover damages under the Federal Employer's Liabili ...

Mager v. Wis. Cent., 2019 U.S. App. LEXIS 14364 (6th Cir. May 15, 2019): Peter Mager sought to recover damages under the Federal Employer's Liability Act (FELA), 45 U.S.C. § 51, et seq., for injuries he allegedly [**2] sustained…

If Daubert Framework Followed, Appellate Review = Abuse of Discretion—Expert [Here, Experience-Based] Must “Demonstrate Conclusions More Than Guesses,” Have “Justification Beyond A Simple Say-So” (Good Quotes)

Varlen Corp. v. Liberty Mut. Ins. Co., 2019 U.S. App. LEXIS 14529 (7th Cir. May 16, 2019): Varlen Corporation owned and operated two industrial sites t ...

Varlen Corp. v. Liberty Mut. Ins. Co., 2019 U.S. App. LEXIS 14529 (7th Cir. May 16, 2019): Varlen Corporation owned and operated two industrial sites that were found to have significant amounts of groundwater contamination related to the sites' …

Daubert: Fingerprint Analysis ≠ Junk Science — Court Must Explicitly Find Reliability, Can’t Defer to Jury [104(a) vs. (b)] — “Reliability Analysis Is a Malleable One” (Good Quote) — Fact Expert Found Qualified in Past Not, Alone, Enough

United States v. Ruvalcaba-Garcia, 2019 U.S. App. LEXIS 13986 (9th Cir. May 10, 2019): PER CURIAM: Mario Ruvalcaba-Garcia was convicted of viola ...

United States v. Ruvalcaba-Garcia, 2019 U.S. App. LEXIS 13986 (9th Cir. May 10, 2019): PER CURIAM: Mario Ruvalcaba-Garcia was convicted of violating 8 U.S.C. § 1326(a) for illegally reentering the United States after having been removed. His conviction was …

2-Part Test for Disqualification (DQ) Due to Receipt of Inadvertently-Disclosed Information: Privilege + Unfair Advantage — DQ of One Lawyer Doesn’t Necessarily Require DQ of Co-Counsel: Each Must Be Judged Separately

Hildmeyer v. PNC Bank, N.A., 2019 U.S. Dist. LEXIS 77648 (M.D. Fla. May 9, 2019): Order On January 24, 2019, Magistrate Judge Irick ent ...

Hildmeyer v. PNC Bank, N.A., 2019 U.S. Dist. LEXIS 77648 (M.D. Fla. May 9, 2019): Order On January 24, 2019, Magistrate Judge Irick entered his Report and Recommendation (Doc. 100) (henceforth, the "Report") regarding the Motion to Disqualify (Doc.…

RICO: LIBOR Fraud Not Proximate Cause of Loss on Bonds Not Tied to LIBOR — Injury Directly Caused by Independent Actors — Inaptness of Fraud on Market Theory, Event Studies & Efficient Capital Markets Hypothesis Evidences No Proximate Cause

7 West 57th Street Realty Co., LLC v. Citigroup, Inc., 2019 WL 1914278 (2d Cir. April 30, 2019) (unpublished): SUMMARY ORDER Appellant 7 West 57th Street Realty Company, LLC appeals from the March 20, 2018, judgment of the United States District Court for the Southern District of New York (Gardephe, < ...

7 West 57th Street Realty Co., LLC v. Citigroup, Inc., 2019 WL 1914278 (2d Cir. April 30, 2019) (unpublished): SUMMARY ORDER Appellant 7 West 57th Street Realty Company, LLC appeals from the March 20, 2018, judgment of the United States…

Sanctions: Under R. 11, Court Need Only Assess Objective Reasonableness, Needn’t Assess Fraud Just Because It Is Claimed — Party May Hold Unreasonable Belief in Good Faith (No IHP) — Lack of Dilatoriness Supports Denial of §1927 Sanctions

Rowe v. Gary, 2019 U.S. App. LEXIS 13850, 2019 WL 2059826 (11th Cir. May 9, 2019) (unpublished): PER CURIAM: *1 Maria Sperando, a lawye ...

Rowe v. Gary, 2019 U.S. App. LEXIS 13850, 2019 WL 2059826 (11th Cir. May 9, 2019) (unpublished): PER CURIAM: *1 Maria Sperando, a lawyer proceeding pro se, appeals the district court’s order granting in part and denying in…

Federal, Not State, Sanctions Law Applies in Fed. Court — Neither R. 11, 26(g), or 37, or §1927 Applied — No §1927 Sanctions on Client — Fed. R. Civ. P. Don’t Require Party Opposing 12(c) Motion to Attach Documents to Its Opposition

Cooke v. Jackson Nat'l Life Ins. Co., 2019 U.S. App. LEXIS 9002, 2019 WL 1348291 (7th Cir. Mar. 26, 2019): In this suit under the diversity jurisdi ...

Cooke v. Jackson Nat'l Life Ins. Co., 2019 U.S. App. LEXIS 9002, 2019 WL 1348291 (7th Cir. Mar. 26, 2019): In this suit under the diversity jurisdiction, a district court ordered Jackson National Life Insurance to [*2] pay about …

Commercial Litigation and Arbitration

Inherent Power Sanctions — D.Ct. Should Consider Lesser Sanctions before Dismissing, But Need Not If Plaintiff Acted in Bad Faith, Has Significant Litigation Experience [Especially] with In Forma Pauperis Statute

Suspending Sanctions ‘Til New Violation — Dist. Court Has FRAP 38-Like Sanctions for Bkcy. Appeals — Cutting Brief Pages as Sanction — Lack of Merit + Motive = Objective Bad Faith — Attacks on Court, Counsel Sxable—Fed. Cts. & St. Discipline

Court Lacks Inherent Power (IHP) to Release Grand Jury Records — Limited to Exceptions in Fed. R. Crim. P. 6(e) — Exercise of IHP Can’t Be Contrary to Express Grant of or Limitation on, Court’s Power in Rule or Statute

Sanctions: Should Lawyer’s Sins Be Visited on Client? (Opinion vs. Concurence) — R 37 Dismissal (Factors) for Misconduct at Adverse Medical Exam — Secret Recording Deceptive Even If Legal

If Daubert Framework Followed, Appellate Review = Abuse of Discretion—Expert [Here, Experience-Based] Must “Demonstrate Conclusions More Than Guesses,” Have “Justification Beyond A Simple Say-So” (Good Quotes)

Daubert: Fingerprint Analysis ≠ Junk Science — Court Must Explicitly Find Reliability, Can’t Defer to Jury [104(a) vs. (b)] — “Reliability Analysis Is a Malleable One” (Good Quote) — Fact Expert Found Qualified in Past Not, Alone, Enough

2-Part Test for Disqualification (DQ) Due to Receipt of Inadvertently-Disclosed Information: Privilege + Unfair Advantage — DQ of One Lawyer Doesn’t Necessarily Require DQ of Co-Counsel: Each Must Be Judged Separately

RICO: LIBOR Fraud Not Proximate Cause of Loss on Bonds Not Tied to LIBOR — Injury Directly Caused by Independent Actors — Inaptness of Fraud on Market Theory, Event Studies & Efficient Capital Markets Hypothesis Evidences No Proximate Cause

Sanctions: Under R. 11, Court Need Only Assess Objective Reasonableness, Needn’t Assess Fraud Just Because It Is Claimed — Party May Hold Unreasonable Belief in Good Faith (No IHP) — Lack of Dilatoriness Supports Denial of §1927 Sanctions

Federal, Not State, Sanctions Law Applies in Fed. Court — Neither R. 11, 26(g), or 37, or §1927 Applied — No §1927 Sanctions on Client — Fed. R. Civ. P. Don’t Require Party Opposing 12(c) Motion to Attach Documents to Its Opposition

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)

Archives

New York Office