Complex Lit Blog

Sanctions: Expert Witness Lacks Standing to Appeal the Striking of His or Her Testimony — Expert Reports: Fed. R. Civ. P. 26(a)(2)(B) Doesn’t Require Disclosure of Communications Irrelevant to Expert’s Opinion

A.H. Lundberg Assocs. v. Tsi, Inc., 2019 U.S. App. LEXIS 3562, 2019 WL 449695 (9th Cir. Feb. 5, 2019): MEMORANDUM*

A.H. Lundberg Assocs. v. Tsi, Inc., 2019 U.S. App. LEXIS 3562, 2019 WL 449695 (9th Cir. Feb. 5, 2019): MEMORANDUM* Expert witness Dr. Richard J. Martin ("Martin") and Martin Thermal Engineering, Inc. appeal the district court's imposition of …

No Inherent Power (IHP) to Bar Retrial after 2 Hung Juries Where No Gov’t Misconduct Prejudicing Def. — Exercise of IHP Must Be Reasonable Response to Problem & Can’t Be Contrary to Rule, Stat—Can’t Use IHP to Create Rule in Conflict with Fed Rules

United States v. Wright, 2019 U.S. App. LEXIS 1541 (3d Cir. Jan. 17, 2019): The District Court barred a retrial of and dismissed the indictment against Defendant Raymont Wright ...

United States v. Wright, 2019 U.S. App. LEXIS 1541 (3d Cir. Jan. 17, 2019): The District Court barred a retrial of and dismissed the indictment against Defendant Raymont Wright with prejudice after two juries failed to reach a verdict. …

Anonymous Parties vs. Rule 10(a): Does Proceeding Anonymously Without Leave of Court Strip Court of Jurisdiction? — Circuit Split — Factors Sufficient & Insufficient to Warrant Anonymity

Plaintiff Doctor v. Hosp. Serv. Dist. #3, 2019 U.S. Dist. LEXIS 13900, 2019 WL 351492 (E.D. La. Jan. 29, 2019): Before the Court is a Motion to Dismiss

Plaintiff Doctor v. Hosp. Serv. Dist. #3, 2019 U.S. Dist. LEXIS 13900, 2019 WL 351492 (E.D. La. Jan. 29, 2019): Before the Court is a Motion to Dismiss1 filed on behalf of defendants, Hospital Service District No.…

Third-Party Hearsay within Business Record/Admission (Email) Prepared by Agent of Party Must Independently Satisfy Hearsay Rule [Johnson v. Lutz Unmentioned]

Walker v. DDR Corp., 2019 U.S. Dist. LEXIS 12307, 2019 WL 331223 (D.S.C. Jan. 25 2019): This matter is before the court for review of DDR Corp. and BRE DDR Harbison Court LLC's (col ...

Walker v. DDR Corp., 2019 U.S. Dist. LEXIS 12307, 2019 WL 331223 (D.S.C. Jan. 25 2019): This matter is before the court for review of DDR Corp. and BRE DDR Harbison Court LLC's (collectively, "Defendants") Motion in Limine to…

§ 1782 “For Use” Satisfied by (1) Foreign Arbitration (Case Law Split), (2) Criminal Investigation (If Applicant Can Inject the Data) & (3) Liquidation Proceeding That Does More Than Enforce Prior Judgments

In re In re the Children's Inv. Fund Found. UK, 2019 U.S. Dist. LEXIS 14862 (S.D.N.Y. Jan. 30, 2019): On March 21, 2018, Applicants The Children's Investment Fund Foundation (UK ...

In re In re the Children's Inv. Fund Found. UK, 2019 U.S. Dist. LEXIS 14862 (S.D.N.Y. Jan. 30, 2019): On March 21, 2018, Applicants The Children's Investment Fund Foundation (UK) ("Children's Fund"), Sir Christopher Hohn, and Axon Partners, LP…

Sanctions Denial for Failure to Provide Safe Harbor— Good Quotes: “This Fight Has Gone on Long Enough” — “Enough Is Enough” — “The Facts Sound More Like a Soap Opera Than a Federal Court Case”

Rocket Real Estate, LLC. v. Maestres, 2019 WL 384408 (11th Cir. Jan. 30, 2019) (unpublished): *1 This fight has gone on long enough. In the current battle of this longstanding legal feud, Appellant Lourdes Maestres appeals from the district court’s denial of her motion for sanctions against Appellee ...

Rocket Real Estate, LLC. v. Maestres, 2019 WL 384408 (11th Cir. Jan. 30, 2019) (unpublished): *1 This fight has gone on long enough. In the current battle of this longstanding legal feud, Appellant Lourdes Maestres appeals from the district…

Voicemail Authenticity Unaffected by Fact Exhibit Is Re-Recording — Best Evidence Satisfied by Unavailability of Original under Rule 1004 [& 1002] & Authenticity by Phone Owner’s Identification of Voice & Party’s Admission

People v. Lemoine, 2018 Mich. App. LEXIS 1778 (Mich. Ct. App., Apr. 24, 2018): Per Curiam. Defendant appeals as of right his jury conviction of second-degree criminal sexual conduct (CSC-II),

People v. Lemoine, 2018 Mich. App. LEXIS 1778 (Mich. Ct. App., Apr. 24, 2018): Per Curiam. Defendant appeals as of right his jury conviction of second-degree criminal sexual conduct (CSC-II), MCL 750.520c(1)(a), for which the trial court sentenced…

Class Actions: Am. Pipe Tolling Ends upon Denial of Certification — Neither Reconsideration Nor Appeal Extend It — Sanctions: Citing Outdated & Abrogated Cases ≠ Argument for Good Faith Change in Law — Meritorious Motion Isn’t Frivolous

McCabe v. Lifetime Entm't Servs., 2019 U.S. App. LEXIS 3133, 2019 WL 409440 (2d Cir. Jan. 31, 2019) (Summary Order): UPON DUE CONSIDERATION, IT IS HEREBY OR ...

McCabe v. Lifetime Entm't Servs., 2019 U.S. App. LEXIS 3133, 2019 WL 409440 (2d Cir. Jan. 31, 2019) (Summary Order): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and…

RICO Conspiracy: Individual Relationship Spokes United by a Unifying Purpose ≠ Hub & Spoke Conspiracy — Where Cover-Up Is Essential Element of Criminal Scheme, It Counts for Continuity Purposes–Constitutional–Appeals: Must Specify Cross-Adoption

United States v. Fattah, 2019 U.S. App. LEXIS 1405 (3d Cir. Jan. 16, 2019): Table of Contents

United States v. Fattah, 2019 U.S. App. LEXIS 1405 (3d Cir. Jan. 16, 2019): Table of Contents Go to table1 [End of Document] I. Introduction Chaka Fattah, Sr., a powerful and prominent fixture in Philadelphia politics, financially overextended himself…

RICO: Fraud of 3rd Parties for Purpose of Harming Plaintiffs = Proximate Cause — Rejecting Argument Statute of Limitations Doesn’t Commence Until Def. “Delivers Gift-Wrapped Admission” of Liability (Good Quote)

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharms. (In re Celexa and Lexapro Mktg. & Sales Pracs. Litig.), 915 F.3d 1 (1st Cir. 2019): These consolida ...

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharms. (In re Celexa and Lexapro Mktg. & Sales Pracs. Litig.), 915 F.3d 1 (1st Cir. 2019): These consolidated appeals arise out of two so-called "off-label" prescription-drug-marketing cases…

Commercial Litigation and Arbitration

Sanctions: Expert Witness Lacks Standing to Appeal the Striking of His or Her Testimony — Expert Reports: Fed. R. Civ. P. 26(a)(2)(B) Doesn’t Require Disclosure of Communications Irrelevant to Expert’s Opinion

No Inherent Power (IHP) to Bar Retrial after 2 Hung Juries Where No Gov’t Misconduct Prejudicing Def. — Exercise of IHP Must Be Reasonable Response to Problem & Can’t Be Contrary to Rule, Stat—Can’t Use IHP to Create Rule in Conflict with Fed Rules

Anonymous Parties vs. Rule 10(a): Does Proceeding Anonymously Without Leave of Court Strip Court of Jurisdiction? — Circuit Split — Factors Sufficient & Insufficient to Warrant Anonymity

Third-Party Hearsay within Business Record/Admission (Email) Prepared by Agent of Party Must Independently Satisfy Hearsay Rule [Johnson v. Lutz Unmentioned]

§ 1782 “For Use” Satisfied by (1) Foreign Arbitration (Case Law Split), (2) Criminal Investigation (If Applicant Can Inject the Data) & (3) Liquidation Proceeding That Does More Than Enforce Prior Judgments

Sanctions Denial for Failure to Provide Safe Harbor— Good Quotes: “This Fight Has Gone on Long Enough” — “Enough Is Enough” — “The Facts Sound More Like a Soap Opera Than a Federal Court Case”

Voicemail Authenticity Unaffected by Fact Exhibit Is Re-Recording — Best Evidence Satisfied by Unavailability of Original under Rule 1004 [& 1002] & Authenticity by Phone Owner’s Identification of Voice & Party’s Admission

Class Actions: Am. Pipe Tolling Ends upon Denial of Certification — Neither Reconsideration Nor Appeal Extend It — Sanctions: Citing Outdated & Abrogated Cases ≠ Argument for Good Faith Change in Law — Meritorious Motion Isn’t Frivolous

RICO Conspiracy: Individual Relationship Spokes United by a Unifying Purpose ≠ Hub & Spoke Conspiracy — Where Cover-Up Is Essential Element of Criminal Scheme, It Counts for Continuity Purposes–Constitutional–Appeals: Must Specify Cross-Adoption

RICO: Fraud of 3rd Parties for Purpose of Harming Plaintiffs = Proximate Cause — Rejecting Argument Statute of Limitations Doesn’t Commence Until Def. “Delivers Gift-Wrapped Admission” of Liability (Good Quote)

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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