Complex Lit Blog

Rule 404(b): Use of Other Bad Acts Evidence Has Always Been Problematic (Good Quote) — Lack of Accident Evidence OK Only If State Has Reliable Assurance Accident Defense Will Be Raised (Here, Statements to Media, Police), Or Already Has Been

Fairbanks v. State, 119 N.E.3d 564 (Ind. Mar. 27, 2019): 1]In criminal cases,

Fairbanks v. State, 119 N.E.3d 564 (Ind. Mar. 27, 2019): 1]In criminal cases, Indiana Evidence Rule 404(b)’s purpose is to prevent the jury from indulging in the “forbidden inference”—that a defendant must be guilty of the charged crime…

Magistrate Judge May Impose Criminal Contempt ($5,000 on Counsel) — No Need for Subject Matter Jurisdiction If Order Violated — Crim. Contempt = Separate Proceeding — Lawyer Must Assert Privilege Question by Ques. — Order = Compulsory Process

United States v. LeFande (In re LeFande), 2019 U.S. App. LEXIS 8965, 2019 WL 1339452 (D.C. Cir. Mar. 26, 2019): Matthew LeFande appeals an order summar ...

United States v. LeFande (In re LeFande), 2019 U.S. App. LEXIS 8965, 2019 WL 1339452 (D.C. Cir. Mar. 26, 2019): Matthew LeFande appeals an order summarily holding him in criminal contempt for refusing a magistrate judge's orders to take …

Spoliation of Tangible Evidence — Bad Faith Still Required (7th Circuit) — Mistake Not Enough

Mathews v. Brown, 2019 U.S. App. LEXIS 10692 (7th Cir. April 11, 2019) (unpublished): Correctional officers at a Wisconsin prison placed inmate Dion Ma ...

Mathews v. Brown, 2019 U.S. App. LEXIS 10692 (7th Cir. April 11, 2019) (unpublished): Correctional officers at a Wisconsin prison placed inmate Dion Mathews in isolated housing for writing a "group petition," in violation of a Department of Corrections …

Facebook Page/Photos Sufficiently Authenticated by Equivocal Admissions (Didn’t Know Password for “My Facebook”), Contents (Photos of Alleged Page Owner), Message from Account with Owner’s First Name, Receipt of Page Data from Facebook

People v. Griffis, 2019 Cal. App. Unpub. LEXIS 1249 (Cal. Ct. App. Feb. ...

People v. Griffis, 2019 Cal. App. Unpub. LEXIS 1249 (Cal. Ct. App. Feb. 21, 2019): [*1] APPEAL from a judgment of the Superior Court of Los Angeles County, Stephen A. Marcus, Judge. Remanded for sentencing; and judgment otherwise affirmed. …

Federal Jurisdiction: Is Forum-Defendant Rule Jurisdictional? — Circuit Split — Choice of Law Clause Is Not “Tantamount” to Forum Selection Clause

Abdou v. Mahany, 2019 U.S. Dist. LEXIS 27271 (E.D. Wis. Feb. 21, 2019): On November 9, 2018, this case was removed from Wisconsin state court on the basis of federal question and diver ...

Abdou v. Mahany, 2019 U.S. Dist. LEXIS 27271 (E.D. Wis. Feb. 21, 2019): On November 9, 2018, this case was removed from Wisconsin state court on the basis of federal question and diversity jurisdiction pursuant to 28 U.S.C. §§…

RICO—Relatedness: Use of Mail Fraud in 2 Schemes Not Enough; Nor Is Fact 1st Caused 2nd — 6th Cir. Factors — Continuity: No Bright Line 17 Mo. Minimum in 6th Cir. — No Acquisition Injury from Buying Co. as RICO Vehicle—No (d) If No (a)-(c)

Aces High Coal Sales, Inc. v. Community Bank & Trust Of West Geo ...

Aces High Coal Sales, Inc. v. Community Bank & Trust Of West Georgia, 2019 WL 1531876 (6th Cir. April 9, 2019): Plaintiffs appeal the district court’s dismissal of the civil RICO claims asserted in this action for failure to plausibly…

28 U.S.C. §1782: Party Against Whom Discovery Is to Be Used May Intervene in Opposition — Party May Seek §1782 Discovery Despite Exclusive Venue Provision in Contract at Issue in the Foreign Dispute

Presently pending and ready for resolution in this case, brought under 28 U.S.C. § 1782, is the multi-faceted motion to intervene, to vacate the ex parte order granting the

Presently pending and ready for resolution in this case, brought under 28 U.S.C. § 1782, is the multi-faceted motion to intervene, to vacate the ex parte order granting the section 1782 application pursuant to rule 59(e), to quash…

Taxation of Costs: Who Is the Prevailing Party when Both Sides Prevail on Something? — The One for Whom Judgment Is Entered — Taxable & Non-Taxable Deposition/Wayback Machine Costs (E.g., Video)

Computer Program & Sys. v. Wazu Holdings, 2019 U.S. Dist. LEXIS 38118 (S.D. Ala. Mar. 11, 2019): ORDER This matter is before the Court on CPSI's Bill of Costs ...

Computer Program & Sys. v. Wazu Holdings, 2019 U.S. Dist. LEXIS 38118 (S.D. Ala. Mar. 11, 2019): ORDER This matter is before the Court on CPSI's Bill of Costs (Doc. 329), Evident's objection (Doc. 330) and CPSI's reply (Doc.…

Sanctions: While Negligence May Be Inadequate to Support Dismissal under R. 16 or for Failure to Prosecute, Attorney’s Fees Are Required by R. 16 for Ignoring Scheduling Orders unless Substantially Justified or Harmless

Coulter v. Paul Laurence Dunbar Cmty. Ctr., 2019 U.S. App. LEXIS 8228, 2019 WL 1283000 (3d Cir. Mar. 19, 2019) (unpublished): OPINION*

Coulter v. Paul Laurence Dunbar Cmty. Ctr., 2019 U.S. App. LEXIS 8228, 2019 WL 1283000 (3d Cir. Mar. 19, 2019) (unpublished): OPINION* PER CURIAM Pro se appellant Jean Coulter appeals from the judgment of the United States District…

Texts Authenticated: Phone Taken from Party, Phone Properties Indicate Ownership (Picture of Party = “User-Generated Artifact”), Corroborated by Email Addresses & Content of Texts — Risk of Spoofing Acknowledged

Johnson v. State, 2019 Ga. App. LEXIS 69 (Ga. Ct. App. Feb. 19, 2019): Lillie Johnson appeals her conviction for one count of first-degree cruelty to a child, arguing that the trial cour ...

Johnson v. State, 2019 Ga. App. LEXIS 69 (Ga. Ct. App. Feb. 19, 2019): Lillie Johnson appeals her conviction for one count of first-degree cruelty to a child, arguing that the trial court abused its discretion in (1) excluding…

Commercial Litigation and Arbitration

Rule 404(b): Use of Other Bad Acts Evidence Has Always Been Problematic (Good Quote) — Lack of Accident Evidence OK Only If State Has Reliable Assurance Accident Defense Will Be Raised (Here, Statements to Media, Police), Or Already Has Been

Magistrate Judge May Impose Criminal Contempt ($5,000 on Counsel) — No Need for Subject Matter Jurisdiction If Order Violated — Crim. Contempt = Separate Proceeding — Lawyer Must Assert Privilege Question by Ques. — Order = Compulsory Process

Spoliation of Tangible Evidence — Bad Faith Still Required (7th Circuit) — Mistake Not Enough

Facebook Page/Photos Sufficiently Authenticated by Equivocal Admissions (Didn’t Know Password for “My Facebook”), Contents (Photos of Alleged Page Owner), Message from Account with Owner’s First Name, Receipt of Page Data from Facebook

Federal Jurisdiction: Is Forum-Defendant Rule Jurisdictional? — Circuit Split — Choice of Law Clause Is Not “Tantamount” to Forum Selection Clause

RICO—Relatedness: Use of Mail Fraud in 2 Schemes Not Enough; Nor Is Fact 1st Caused 2nd — 6th Cir. Factors — Continuity: No Bright Line 17 Mo. Minimum in 6th Cir. — No Acquisition Injury from Buying Co. as RICO Vehicle—No (d) If No (a)-(c)

28 U.S.C. §1782: Party Against Whom Discovery Is to Be Used May Intervene in Opposition — Party May Seek §1782 Discovery Despite Exclusive Venue Provision in Contract at Issue in the Foreign Dispute

Taxation of Costs: Who Is the Prevailing Party when Both Sides Prevail on Something? — The One for Whom Judgment Is Entered — Taxable & Non-Taxable Deposition/Wayback Machine Costs (E.g., Video)

Sanctions: While Negligence May Be Inadequate to Support Dismissal under R. 16 or for Failure to Prosecute, Attorney’s Fees Are Required by R. 16 for Ignoring Scheduling Orders unless Substantially Justified or Harmless

Texts Authenticated: Phone Taken from Party, Phone Properties Indicate Ownership (Picture of Party = “User-Generated Artifact”), Corroborated by Email Addresses & Content of Texts — Risk of Spoofing Acknowledged

Recent Posts

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

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