Complex Lit Blog

Common Law Immunity Protects State & Local Officials from Federal Civil Claims for Acts Legislative in Form and Substance, Unless Abrogated by Statute — Defeats RICO Claim — Plaintiffs Didn’t Argue RICO Abrogates Immunity (Open Issue)

NRP Holdings LLC v. City of Buffalo, 2019 U.S. App. LEXIS 4866, 2019 WL 692529 (2d Cir. Feb. 20, 2019): We confront here primarily a question of legislative immunity raised by a� ...

NRP Holdings LLC v. City of Buffalo, 2019 U.S. App. LEXIS 4866, 2019 WL 692529 (2d Cir. Feb. 20, 2019): We confront here primarily a question of legislative immunity raised by a [*3] mayor's inaction in the face of…

Mere Failure to Recite That a Declaration or Affidavit Is Based on Personal Knowledge Doesn’t Render Contents Hearsay If It Is Clear from the Circumstances (Contents, Other Evidence) That It Was

Venezia v. E. Revenue, Inc., 2019 U.S. Dist. LEXIS 21501 (E.D. ...

Venezia v. E. Revenue, Inc., 2019 U.S. Dist. LEXIS 21501 (E.D. Pa. Feb. 11, 2019): : Footnote 2: Plaintiff filed an Objection to Defendant's Submissions [ECF No. 33 & 34] urging this Court to disregard Mr. Griffin's Declaration…

Supreme Court: Class Actions — 23(f)’s 14-Day Period Not Subject to Equitable Tolling — Mandatory Claims-Processing Rules Unalterable If Diligently Asserted — Timely Reconsideration Motion Affects Start Date

Nutraceutical Corp. v. Lambert, 2019 U.S. LEXIS 1593 (U.S. Feb. 26, 2019): To take an immediate appeal from a federal district court’s order granting or denying class certifica ...

Nutraceutical Corp. v. Lambert, 2019 U.S. LEXIS 1593 (U.S. Feb. 26, 2019): To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of …

RICO/9(b): Incorporating All Prior Allegations But Failing to Specifically Allege Precise False Statements — Let Alone Time, Place, Person Responsible for Same — Fatal

James v. Hunt, 2018 U.S. App. LEXIS 35832 (11th Cir. Dec. 20, 2018) (unpublished): William James and Terri V. Tucker (the Plaintiffs) appeal pro se the district court's gra ...

James v. Hunt, 2018 U.S. App. LEXIS 35832 (11th Cir. Dec. 20, 2018) (unpublished): William James and Terri V. Tucker (the Plaintiffs) appeal pro se the district court's grant of two Defendants' motions [*2] to dismiss claims under Federal …

Inherent Power Sanctions: Inconsistencies in Witness Testimony, Alone, Are Insufficient to Find Bad Faith — Fact Witness Relied on Lawyer to Draft Discovery Responses for Witness’s Approval Not Sanctionable

Strang v. Ga., 2018 U.S. App. LEXIS 36707 (11th Cir. Dec. 31, 2018) (unpublished): PER CURIAM: Kathleen Strang, a former assistant city attorney in Albany, Georgia, brings a comp ...

Strang v. Ga., 2018 U.S. App. LEXIS 36707 (11th Cir. Dec. 31, 2018) (unpublished): PER CURIAM: Kathleen Strang, a former assistant city attorney in Albany, Georgia, brings a complaint under 42 U.S.C. § 1983 claiming that her First Amendment…

Texts: Authentication of Cell Data from Ownership, Admission Participated in Part of Chat — No Need to “Negate All Other Possibilities Inconsistent with Authenticity” — Record As “Muddle of Statements Not Phrased As Objections” (Good Quotes)

Snow v. State, 2019 Tex. App. LEXIS 342 (Tex. Ct. App. Jan. 17, 2019): A jury convicted Cristi Jeanette Snow of two counts of sexual performance of a child under age fourteen. See

Snow v. State, 2019 Tex. App. LEXIS 342 (Tex. Ct. App. Jan. 17, 2019): A jury convicted Cristi Jeanette Snow of two counts of sexual performance of a child under age fourteen. See Tex. Penal Code Ann. § 43.25(b),…

Denial of Rule 11 Sanctions in Case 1 Doesn’t Establish It Was Not “Objectively Baseless” within Noerr-Pennington Sham Exception — Sxs Discretionary—Non Coextensive Factors May Have Been Considered—No Issue Preclusion

Ni-Q, LLC v. Prolacta Bioscience, Inc., 2019 WL 637703 (D. Or. Feb. 14, 2019): *1 In this patent action, the Court previously granted partial summary judgment in favor of Plaintiff Ni-Q, LLC (“Ni-Q”), finding that the asserted claims of the subject patent are invalid and that Plaintiff did not infringe the ...

Rule 34: Party Must Produce Docs/Data It Has Practical Ability to Get — Not Required to Sue — Non-Producer Can’t Assign Claim to Avoid Duty — Requesting Party Must Prove Practical Ability — Preclusion of Use by Non-Producer

Coventry Capital Us Llc v. EEA Life Settlements, 2019 U.S. Dist. LEXIS 12386 (S.D.N.Y. Jan. 24, 2019): I. Introduction By letter dated June 12, 2018 (Docket Item ("D. ...

Coventry Capital Us Llc v. EEA Life Settlements, 2019 U.S. Dist. LEXIS 12386 (S.D.N.Y. Jan. 24, 2019): I. Introduction By letter dated June 12, 2018 (Docket Item ("D.I.") 66) ("Coventry's June 12 Ltr."), plaintiff Coventry Capital US LLC ("Coventry")…

Dismissal without Prejudice Doesn’t Make Def. Prevailing Party — Nor Does Defeating Preliminary Injunction — Must Have Judicial Action Changing Parties’ Relationship, Like Winning PI & Causing Opponent to Relent

Live v. Lonestar Logos Mgmt. Co., 2018 U.S. App. LEXIS 32139 (5th Cir. Nov. 13, 2018): This is the first Defend Trade Secrets Act case that has reached our cou ...

Live v. Lonestar Logos Mgmt. Co., 2018 U.S. App. LEXIS 32139 (5th Cir. Nov. 13, 2018): This is the first Defend Trade Secrets Act case that has reached our court. 18 U.S.C. § 1836 (effective May 11, 2016). But…

Private Citizen Lacks Judicially Cognizable Interest in Prosecution of Another, Cannot Sue for Punishment or Deportation, Just As S/he Cannot Commence Criminal Action

Valmord v. Acs/Administration Children Servs., 2019 U.S. Dist. LEXIS 20301 (E.D.N.Y. Jan. 30, 2019): Plaintiff Ritchlet W. Valmord brings this pro se ...

Valmord v. Acs/Administration Children Servs., 2019 U.S. Dist. LEXIS 20301 (E.D.N.Y. Jan. 30, 2019): Plaintiff Ritchlet W. Valmord brings this pro se action against his former wife, Lila Cesar ("Cesar"), and four other defendants who allegedly helped her obtain…

Commercial Litigation and Arbitration

Common Law Immunity Protects State & Local Officials from Federal Civil Claims for Acts Legislative in Form and Substance, Unless Abrogated by Statute — Defeats RICO Claim — Plaintiffs Didn’t Argue RICO Abrogates Immunity (Open Issue)

Mere Failure to Recite That a Declaration or Affidavit Is Based on Personal Knowledge Doesn’t Render Contents Hearsay If It Is Clear from the Circumstances (Contents, Other Evidence) That It Was

Supreme Court: Class Actions — 23(f)’s 14-Day Period Not Subject to Equitable Tolling — Mandatory Claims-Processing Rules Unalterable If Diligently Asserted — Timely Reconsideration Motion Affects Start Date

RICO/9(b): Incorporating All Prior Allegations But Failing to Specifically Allege Precise False Statements — Let Alone Time, Place, Person Responsible for Same — Fatal

Inherent Power Sanctions: Inconsistencies in Witness Testimony, Alone, Are Insufficient to Find Bad Faith — Fact Witness Relied on Lawyer to Draft Discovery Responses for Witness’s Approval Not Sanctionable

Texts: Authentication of Cell Data from Ownership, Admission Participated in Part of Chat — No Need to “Negate All Other Possibilities Inconsistent with Authenticity” — Record As “Muddle of Statements Not Phrased As Objections” (Good Quotes)

Denial of Rule 11 Sanctions in Case 1 Doesn’t Establish It Was Not “Objectively Baseless” within Noerr-Pennington Sham Exception — Sxs Discretionary—Non Coextensive Factors May Have Been Considered—No Issue Preclusion

Rule 34: Party Must Produce Docs/Data It Has Practical Ability to Get — Not Required to Sue — Non-Producer Can’t Assign Claim to Avoid Duty — Requesting Party Must Prove Practical Ability — Preclusion of Use by Non-Producer

Dismissal without Prejudice Doesn’t Make Def. Prevailing Party — Nor Does Defeating Preliminary Injunction — Must Have Judicial Action Changing Parties’ Relationship, Like Winning PI & Causing Opponent to Relent

Private Citizen Lacks Judicially Cognizable Interest in Prosecution of Another, Cannot Sue for Punishment or Deportation, Just As S/he Cannot Commence Criminal Action

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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