Complex Lit Blog

Social Media Photo Authenticated by Testimony It Is an Accurate Screenshot, Contents Depicted & Associated Comments on Same Facebook Page, and Lack of Evidence Suggesting Fabrication or Alteration

State v. Caslin, 2018-Ohio-5362, 2018 Ohio App. LEXIS 5679 (Ohio Ct. App. Dec. 31, 2018): [*P1] Defendant-appellant, Chavez D. Caslin, appeals from a judgment ...

State v. Caslin, 2018-Ohio-5362, 2018 Ohio App. LEXIS 5679 (Ohio Ct. App. Dec. 31, 2018): [*P1] Defendant-appellant, Chavez D. Caslin, appeals from a judgment of the Franklin County Court of Common Pleas entered on July 27, 2017, sentencing Caslin …

RICO: Neither Patent Infringement Nor Unfavorable Judicial Rulings Are Predicate Acts — Infringing Products ≠ Stolen Property

Arunachalam v. IBM Corp., 2019 WL 350760 (3d Cir. Jan. 28, 2019) (unpublished): PER CURIAM. *1 Dr. Lakshmi Arunachalam, proceeding pro se, appeals multiple decisions from the United States District Court for the District of Delaware, including its dismissal of a patent infringement claim, dismissal of civil claims under the Rac ...

Generally No Rule 37(d) Dismissal If Lesser Sanctions Suffice, But Court May Has Discretion to Dismiss for Flagrant Disregard & Willful Disobedience of Discovery Orders — 41(b) Dismissal for Violating Order Generally OK If Litigant Forewarned

Soto v. Miami Dade Cty., 2019 WL 286153 (11th Cir. Jan. 22, 2019) (unpublished): PER CURIAM: *1 Appellant, Maricelia Soto (“Soto”), appeals the district court’s order dismissing her civil rights complaint against Miami-Dade County and two Miami-Dade County police officers (“the defendants”). The distr ...

Voicemail Authentication: Under Rule 901(b)(5), Witness with Knowledge May Opine as to Identity of Voice — And That Exhibit (a Copy the Recording) Accurately Reflects the Message S/he Received [Implicitly Best Evidence, Too]

Commonwealth v. Bair, 2015 Pa. Super. Unpub. LEXIS 497, 120 A.3d 1054, 2015 WL 4263615 (Pa. Super. Ct. Mar. 13, 2015): Paul Thomas Bair, III, appeals pro se from the order ente ...

Commonwealth v. Bair, 2015 Pa. Super. Unpub. LEXIS 497, 120 A.3d 1054, 2015 WL 4263615 (Pa. Super. Ct. Mar. 13, 2015): Paul Thomas Bair, III, appeals pro se from the order entered May 21, 2014, denying his PCRA petition,…

Judicial Notice May Be Taken of Undisputed Information on Government Websites, Including Court Proceedings — Doing So Does Not Convert 12(b)(6) Dismissal Motion into Summary Judgment Motion

Vice v. Coffee, 2019 U.S. Dist. LEXIS 1008, 2019 WL 97025 (E.D. Ky. Jan. 3, 2019): Defendants James Botts, Rodney Coffee, Barry Thacker, and Kenneth Scarberry have filed motions to dism ...

Vice v. Coffee, 2019 U.S. Dist. LEXIS 1008, 2019 WL 97025 (E.D. Ky. Jan. 3, 2019): Defendants James Botts, Rodney Coffee, Barry Thacker, and Kenneth Scarberry have filed motions to dismiss the complaint filed by plaintiff Phillip Gene Vice.…

Pro Se Pleadings from Lawyers Not Liberally Construed — No Rule 38 Sanctions Absent Separate Motion — “Just Damages” Include Fees, Which Need Not Be Itemized — Court May Award Fixed Amount as Penalty [Goodyear v. Haeger?]

Lipin v. Wisehart, 2019 U.S. App. LEXIS 1534 (10th Cir. Jan. 7, 2019) (unpublished): ORDER AND JUDGMENT* ...

Lipin v. Wisehart, 2019 U.S. App. LEXIS 1534 (10th Cir. Jan. 7, 2019) (unpublished): ORDER AND JUDGMENT* These consolidated appeals arise from a dispute over the ownership of real property in Delta County, Colorado (Property). Appellant Joan C. …

RICO Proximate Cause/Injury Satisfied by Cost of Defending Sham Filing, Lost Sales Due to False Claims — Harm to Bus. Reputation? (State Law vs. Intangible) — >1 Can Be Directly Injured — Need Factual Allegations of Injury — RJR Issue Noted

Harmoni Int’l Spice, Inc. v. Hume, 2019 WL 286923 (9th Cir. Jan. 23, 2019): The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO),

Harmoni Int’l Spice, Inc. v. Hume, 2019 WL 286923 (9th Cir. Jan. 23, 2019): The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 …

Unless D.Ct. Conclusively Precludes Proof of Required Element of Claim, Order Unappealable — Striking Preferred Damages Approach, Making Case Unprofitable Not Enough — Sanctions & Attorney’s Fees Rulings Almost Always Interlocutory

Princeton Digital Image Corp. v. Office Depot Inc., 2019 WL 272836 (Fed. Cir. Jan. 22, 2019): *1 The parties appeal and cross appeal from various rulings by the U.S. District Court for the District of Delaware in a patent and breach of contract dispute. Because there was no final decision on the merits, we dismiss the ...

Class Actions: American Pipe Doesn’t Protect Named Plaintiffs or Their Entities — No Tolling Where It “Would Result in an Abuse of Am. Pipe ”— Circuit Reviews D.Ct. Application of Own Rules for Abuse of Discretion

Weitzner v. Sanofi Pasteur Inc., 2018 WL 6175580 (3d Cir. Nov. 27, 2018): *1 Plaintiffs Dr. Ari Weitzner and his professional corporation, Ari Weitzner M.D. P.C., challenge the District Court’s conclusion on summary judgment that their claims under the Telephone Consumer Protection Act (TCPA) were untimely. There is ...

Even Though Recipient Couldn’t Remember Context of Each Text, All Authenticated by Her Testimony She Often Texted with Sender, That Texts Were to/from His No., & by Contents — Hearsay: Sender’s Texts = Admissions; Recipient’s OK for Context

State v. Williams, 2018 Ohio App. LEXIS 4914 (Ohio Ct. App. Nov. 15, 2018): [*P1] [**P1] Defendant-appellant, Reginald D. Williams, app ...

State v. Williams, 2018 Ohio App. LEXIS 4914 (Ohio Ct. App. Nov. 15, 2018): [*P1] [**P1] Defendant-appellant, Reginald D. Williams, appeals from his convictions following a jury trial. He raises the following assignments of error for review: 1. The …

Commercial Litigation and Arbitration

Social Media Photo Authenticated by Testimony It Is an Accurate Screenshot, Contents Depicted & Associated Comments on Same Facebook Page, and Lack of Evidence Suggesting Fabrication or Alteration

RICO: Neither Patent Infringement Nor Unfavorable Judicial Rulings Are Predicate Acts — Infringing Products ≠ Stolen Property

Generally No Rule 37(d) Dismissal If Lesser Sanctions Suffice, But Court May Has Discretion to Dismiss for Flagrant Disregard & Willful Disobedience of Discovery Orders — 41(b) Dismissal for Violating Order Generally OK If Litigant Forewarned

Voicemail Authentication: Under Rule 901(b)(5), Witness with Knowledge May Opine as to Identity of Voice — And That Exhibit (a Copy the Recording) Accurately Reflects the Message S/he Received [Implicitly Best Evidence, Too]

Judicial Notice May Be Taken of Undisputed Information on Government Websites, Including Court Proceedings — Doing So Does Not Convert 12(b)(6) Dismissal Motion into Summary Judgment Motion

Pro Se Pleadings from Lawyers Not Liberally Construed — No Rule 38 Sanctions Absent Separate Motion — “Just Damages” Include Fees, Which Need Not Be Itemized — Court May Award Fixed Amount as Penalty [Goodyear v. Haeger?]

RICO Proximate Cause/Injury Satisfied by Cost of Defending Sham Filing, Lost Sales Due to False Claims — Harm to Bus. Reputation? (State Law vs. Intangible) — >1 Can Be Directly Injured — Need Factual Allegations of Injury — RJR Issue Noted

Unless D.Ct. Conclusively Precludes Proof of Required Element of Claim, Order Unappealable — Striking Preferred Damages Approach, Making Case Unprofitable Not Enough — Sanctions & Attorney’s Fees Rulings Almost Always Interlocutory

Class Actions: American Pipe Doesn’t Protect Named Plaintiffs or Their Entities — No Tolling Where It “Would Result in an Abuse of Am. Pipe ”— Circuit Reviews D.Ct. Application of Own Rules for Abuse of Discretion

Even Though Recipient Couldn’t Remember Context of Each Text, All Authenticated by Her Testimony She Often Texted with Sender, That Texts Were to/from His No., & by Contents — Hearsay: Sender’s Texts = Admissions; Recipient’s OK for Context

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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