Complex Lit Blog

Supreme Court: Arbitration Agreement Must Fall Outside the Exclusions of FAA §1 before Court May Stay Litigation & Compel Arb. Under §§3 and 4 — Parties Cannot Delegate §1 Issue to Arbitrator

New Prime, Inc. v. Oliveira, 2019 U.S. LEXIS 724 (U.S. Jan. 15, 2019):

New Prime, Inc. v. Oliveira, 2019 U.S. LEXIS 724 (U.S. Jan. 15, 2019): The Federal Arbitration Act requires courts to enforce private arbitration agreements. But like most laws, this one bears its qualifications. Among other things, §1 says that …

§ 1782 Application Not Moot, Even If Foreign Evidentiary Record Closed, If Appellate Court Might Receive New Evid. in Some Circs. — Is Magistrate Judge R&R Reviewed De Novo or for Clear Error / Contrary to Law? — Case Law Split

Application of Qualcomm Inc., 2019 U.S. Dist. LEXIS 5716 (N.D. Cal. Jan. 11, 2019): On August 20, 2018, applicant Qualcomm Incorporated ("Qualcomm") filed an Ex Pa ...

Application of Qualcomm Inc., 2019 U.S. Dist. LEXIS 5716 (N.D. Cal. Jan. 11, 2019): On August 20, 2018, applicant Qualcomm Incorporated ("Qualcomm") filed an Ex Parte Application for discovery pursuant to 28 U.S.C. § 1782. After Magistrate Judge…

§ 1782 Application Is Moot If Foreign Evidentiary Record Is Closed, Even If Appeal Is Pending & Reversal Possible — Court’s 1782 Jurisdiction Is Limited to the Foreign Proceeding Listed in the Application

In re Fuhr, 2019 U.S. Dist. LEXIS 6468 (Jan. 11, 2019): [*1] REPORT AND RECOMMENDATION This matter is before this Court on Motion of Credit Suisse AG to ...

In re Fuhr, 2019 U.S. Dist. LEXIS 6468 (Jan. 11, 2019): [*1] REPORT AND RECOMMENDATION This matter is before this Court on Motion of Credit Suisse AG to Dismiss Petition as Moot filed on October 29, 2018. ECF No.…

Supreme Court: If Arbitrability Assigned to Arbitrator, No “Wholly Groundless” Exception Exists — “It Is Not Unheard-of” for Fair Adjudicators to Vigorously Disagree (Good Quote)

Henry Schein, Inc. v. Archer & White Sales, Inc., 2019 U.S. LEXIS 566I (U.S. Jan. 9, 2019):

Henry Schein, Inc. v. Archer & White Sales, Inc., 2019 U.S. LEXIS 566I (U.S. Jan. 9, 2019): HN1[] Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court…

“Rule 11 Doesn’t Authorize Sanctions for Merely Frustrating Conduct” (Good Quote) — Where Plaintiff’s Dep. Contradicted Complaint, Failure to Withdraw Claims Warrants Fees for Post-Dep. SJ & Sanctions Motion Following R. 11 Letter

Cameau v Nat’l Recovery Agency, Inc., 2018 WL 4522104 (E.D.N.Y. Aug. 6, 2018) (R&R): I. PRELIMINARY STATEMENT *1 Plaintiff Jeff Cameau (“Plaintiff”) commenced this action in May of 2015 against Defendant National Recovery Agency, Inc. (“Defendant”), asserting violations of the ...

Cameau v Nat’l Recovery Agency, Inc., 2018 WL 4522104 (E.D.N.Y. Aug. 6, 2018) (R&R): I. PRELIMINARY STATEMENT *1 Plaintiff Jeff Cameau (“Plaintiff”) commenced this action in May of 2015 against Defendant National Recovery Agency, Inc. (“Defendant”), asserting violations of the…

Facebook Messenger Texts from “Bob” Authenticated by Recipient, Who Knew Only One Bob; by Facebook Page Owner, Who Didn’t Send Them & Gave Access to Bob; & by Contents — Screenshots Given by Page Owner to Police, Thus Authentic

State v. Dickerson, 2018 Kan. App. Unpub. LEXIS 860, 2018 WL 5851444 (Kan. Ct. App. Nov. 9, 2018) (unpublished): Per Curiam: Robert Dickerson appeals hi ...

State v. Dickerson, 2018 Kan. App. Unpub. LEXIS 860, 2018 WL 5851444 (Kan. Ct. App. Nov. 9, 2018) (unpublished): Per Curiam: Robert Dickerson appeals his conviction for aggravated indecent liberties with a child. He raises several claims of error.…

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…

Commercial Litigation and Arbitration

Supreme Court: Arbitration Agreement Must Fall Outside the Exclusions of FAA §1 before Court May Stay Litigation & Compel Arb. Under §§3 and 4 — Parties Cannot Delegate §1 Issue to Arbitrator

§ 1782 Application Not Moot, Even If Foreign Evidentiary Record Closed, If Appellate Court Might Receive New Evid. in Some Circs. — Is Magistrate Judge R&R Reviewed De Novo or for Clear Error / Contrary to Law? — Case Law Split

§ 1782 Application Is Moot If Foreign Evidentiary Record Is Closed, Even If Appeal Is Pending & Reversal Possible — Court’s 1782 Jurisdiction Is Limited to the Foreign Proceeding Listed in the Application

Supreme Court: If Arbitrability Assigned to Arbitrator, No “Wholly Groundless” Exception Exists — “It Is Not Unheard-of” for Fair Adjudicators to Vigorously Disagree (Good Quote)

“Rule 11 Doesn’t Authorize Sanctions for Merely Frustrating Conduct” (Good Quote) — Where Plaintiff’s Dep. Contradicted Complaint, Failure to Withdraw Claims Warrants Fees for Post-Dep. SJ & Sanctions Motion Following R. 11 Letter

Facebook Messenger Texts from “Bob” Authenticated by Recipient, Who Knew Only One Bob; by Facebook Page Owner, Who Didn’t Send Them & Gave Access to Bob; & by Contents — Screenshots Given by Page Owner to Police, Thus Authentic

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

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