Complex Lit Blog

Appeals: When Court Will Review Issue Not Raised Below (4 Factors (6th Cir.)) — Sanctions: Failure to Serve Rule 11 Motion Requires Reversal, Even Though Issue Not Raised Below (Legal Issue, Error Clear, No Factual Development Needed, Ints. of Justice

Jodway v. Orlans, PC, 2018 U.S. App. LEXIS 35898 (6th Cir. Dec. 20, 2018): Plaintiffs husband and wife Timothy Jodway ("T. Jodway") and Alaina Zanke-Jodway ("A. Jodway") (t ...

Jodway v. Orlans, PC, 2018 U.S. App. LEXIS 35898 (6th Cir. Dec. 20, 2018): Plaintiffs husband and wife Timothy Jodway ("T. Jodway") and Alaina Zanke-Jodway ("A. Jodway") (together, "Plaintiffs") appeal from the order of the district court dismissing Plaintiffs'…

Rooker-Felman Bars RICO Claim If Injury Caused by State Court Judgment & Bona Fides of Jmt At Issue — Incidental Attorney’s Fees Also Barred —Injury from Excessive Defense Pleadings Maybe OK—Sanctions: M.J. Order Unappealed to DCt Unreviewble

Tso v. Murray, 2019 WL 140992 (10th Cir. Jan. 9, 2019): *1 This case arises from plaintiff Gilbert T. Tso’s dissatisfaction with the child-support obligation established in his Illinois divorce from his ex-wife, Rebecca Murray, and with the procedures used to establish and enforce that obligation. After Murray obtai ...

Rule 601 vs. 702: State Standards for Experts Imported in Diversity Case Where Sufficiently Intertwined with Governing State Substantive Law (Here, Med Mal) — Rule 702 Must Also Be Satisfied (4 Circuits So Far Agree)

Coleman v. United States, 2019 U.S. App. LEXIS 716 (5th Cir. Jan. 8, 2019): Leslie Latrice Coleman, proceeding pro se, raises numerous arguments challenging the district court's g ...

Coleman v. United States, 2019 U.S. App. LEXIS 716 (5th Cir. Jan. 8, 2019): Leslie Latrice Coleman, proceeding pro se, raises numerous arguments challenging the district court's grant of summary judgment on some of her claims and the dismissal…

28 U.S.C. § 1782’s “For Use” Requirement Is Satisfied If Litigant Intends to Offer the Evidence in the Foreign Proceeding, Regardless of Whether It Is Received — Admissibility/Judicial Receptivity Is for Foreign Court to Decide

In re Bernal, 2018 U.S. Dist. LEXIS 212722 (S.D. Fla. Dec. 18, 2018): ORDER ON BILBO DEVELOPMENT LLC'S AND MORRISON USA, LLC'S MOTION TO QUASH SUBPOENAS OR, ALTERNATI ...

In re Bernal, 2018 U.S. Dist. LEXIS 212722 (S.D. Fla. Dec. 18, 2018): ORDER ON BILBO DEVELOPMENT LLC'S AND MORRISON USA, LLC'S MOTION TO QUASH SUBPOENAS OR, ALTERNATIVELY, MOTION FOR PROTECTIVE ORDER This matter is before the Court on…

Removal: Is There a Futility Exception to 28 U.S.C. § 1447(c) — Which Requires Remand If the District Court Lacks or Loses Subject Matter Jurisdiction — Allowing a District Court to Dismiss a Removed Case If Remand Would Be Futile? (Circuit Split)

Ratliff v. LTI Trucking Servs., 2019 U.S. Dist. LEXIS 227 (E.D. Mo. Jan. 2, 2019): This matter is before the Court on Defendant LTI Trucking Services, Inc.'s Motion to Dismiss for L ...

Ratliff v. LTI Trucking Servs., 2019 U.S. Dist. LEXIS 227 (E.D. Mo. Jan. 2, 2019): This matter is before the Court on Defendant LTI Trucking Services, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 4)…

Plaintiff’s Rule 41(a)(2) Motion to Voluntarily Dismiss without Prejudice Must Be Denied If Grant Would Strip Defendant of Viable Defense That Might Not Be Assertable If Plaintiff Were to Refile — Limits of Expressio Unius & Series-Qualifier Canons

United States ex rel. Vaughn v. United Biologics, LLC, 907 F.3d 187 (5th Cir. 2018): **1 The opinion issued September 7, 2018 is withdrawn by the panel, and the following is issued in its place: The plaintiffs-relators initiated a qui tam action under the False Claims Act (“FCA”), Anti-Kick ...

Hearsay — Declaration against Interest — Court Must Consider All Facts & Circumstances to See If Statement Is in Fact So Contrary to Declarant’s Interest That S/he Must’ve Believed It to Be True — Email Evid.: Redact Hearsay to Admit Remainder

In re Estate of Smith, 2018 Ida. LEXIS 216 (Idaho Dec. 18, 2018): This case centers on the estate of Victoria H. Smith. The magistrate court ruled that Victoria died intestate a ...

In re Estate of Smith, 2018 Ida. LEXIS 216 (Idaho Dec. 18, 2018): This case centers on the estate of Victoria H. Smith. The magistrate court ruled that Victoria died intestate after finding that her will was a product …

Rule 103(b): If Court Denies Motion in Limine But Invites More Foundation at Trial, Is MIL Ruling “Definitive”? (Probably) — Emails Downloaded 16 Yrs Earlier from Unknown Computer by Unknown Person Who Could’ve Altered Them Not Authenticated

United States v. Johns, 2018 U.S. App. LEXIS 35543 (6th Cir. Dec. 19, 2018): This case is about two women, Johns and Westphal, who maintained a secret lesbian relationship for nearly a ...

United States v. Johns, 2018 U.S. App. LEXIS 35543 (6th Cir. Dec. 19, 2018): This case is about two women, Johns and Westphal, who maintained a secret lesbian relationship for nearly a year. When Westphal attempted to end the…

Rule 803(6): Email from Ex-Opposing Lawyer Years after Litigation Ended, Solicited for Purposes of New Case, Not a Business Record (BR) of Soliciting Firm &, Even if BR of Sending Firm, Is Untrustworthy—R. 1006 Summary: Summed Data Must Be Admissible

Harpst v. George Fleming & Fleming & Assocs., 2018 Tex. App. LEXIS 10719 (Tex. Ct. App. Dec. 21, 2018): After a law firm settled tort claims against a drug manufacturer on behal ...

Harpst v. George Fleming & Fleming & Assocs., 2018 Tex. App. LEXIS 10719 (Tex. Ct. App. Dec. 21, 2018): After a law firm settled tort claims against a drug manufacturer on behalf of approximately 8,000 clients, about half the …

Experts — Report to Contradict or Rebut Opposing Expert Must Be Served within 30 Days, Absent Court Order — General Discovery / Disclosure Deadline ≠ Relevant Court Order — Can’t Supplement with New Opinions Based on “Theories Evolv[ing]”

Rodgers v. Beechcraft Corp., 2018 U.S. App. LEXIS 35028 (10th Cir. Dec. 13, 2018): On March 17, 2013, James Rodgers and Christopher Evans were passengers on a Beech Premier 390 jet airp ...

Rodgers v. Beechcraft Corp., 2018 U.S. App. LEXIS 35028 (10th Cir. Dec. 13, 2018): On March 17, 2013, James Rodgers and Christopher Evans were passengers on a Beech Premier 390 jet airplane, flying from Tulsa, Oklahoma to South Bend,…

Commercial Litigation and Arbitration

Appeals: When Court Will Review Issue Not Raised Below (4 Factors (6th Cir.)) — Sanctions: Failure to Serve Rule 11 Motion Requires Reversal, Even Though Issue Not Raised Below (Legal Issue, Error Clear, No Factual Development Needed, Ints. of Justice

Rooker-Felman Bars RICO Claim If Injury Caused by State Court Judgment & Bona Fides of Jmt At Issue — Incidental Attorney’s Fees Also Barred —Injury from Excessive Defense Pleadings Maybe OK—Sanctions: M.J. Order Unappealed to DCt Unreviewble

Rule 601 vs. 702: State Standards for Experts Imported in Diversity Case Where Sufficiently Intertwined with Governing State Substantive Law (Here, Med Mal) — Rule 702 Must Also Be Satisfied (4 Circuits So Far Agree)

28 U.S.C. § 1782’s “For Use” Requirement Is Satisfied If Litigant Intends to Offer the Evidence in the Foreign Proceeding, Regardless of Whether It Is Received — Admissibility/Judicial Receptivity Is for Foreign Court to Decide

Removal: Is There a Futility Exception to 28 U.S.C. § 1447(c) — Which Requires Remand If the District Court Lacks or Loses Subject Matter Jurisdiction — Allowing a District Court to Dismiss a Removed Case If Remand Would Be Futile? (Circuit Split)

Plaintiff’s Rule 41(a)(2) Motion to Voluntarily Dismiss without Prejudice Must Be Denied If Grant Would Strip Defendant of Viable Defense That Might Not Be Assertable If Plaintiff Were to Refile — Limits of Expressio Unius & Series-Qualifier Canons

Hearsay — Declaration against Interest — Court Must Consider All Facts & Circumstances to See If Statement Is in Fact So Contrary to Declarant’s Interest That S/he Must’ve Believed It to Be True — Email Evid.: Redact Hearsay to Admit Remainder

Rule 103(b): If Court Denies Motion in Limine But Invites More Foundation at Trial, Is MIL Ruling “Definitive”? (Probably) — Emails Downloaded 16 Yrs Earlier from Unknown Computer by Unknown Person Who Could’ve Altered Them Not Authenticated

Rule 803(6): Email from Ex-Opposing Lawyer Years after Litigation Ended, Solicited for Purposes of New Case, Not a Business Record (BR) of Soliciting Firm &, Even if BR of Sending Firm, Is Untrustworthy—R. 1006 Summary: Summed Data Must Be Admissible

Experts — Report to Contradict or Rebut Opposing Expert Must Be Served within 30 Days, Absent Court Order — General Discovery / Disclosure Deadline ≠ Relevant Court Order — Can’t Supplement with New Opinions Based on “Theories Evolv[ing]”

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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