Complex Lit Blog

Summary Judgment: Evidentiary Issues Reviewed for Abuse of Discretion — Unsigned Dep. OK on SJ If No Inaccuracies Shown — Affidavit from Undisclosed Person Harmless Where Others Disclosed to Say Same Thing & No Deps Taken

PNC Equipment Finance v. Mariani, 2018 WL 6584123 (6th Cir. Dec. 13, 2018): Harry Carr (“Carr”) appeals the decision of the district court to grant the Motion for Summary Judgment (“Motion”) filed by Plaintiff PNC Equipment Finance, LLC (“PNCEF”) and to deny Carr’s Motion to Amend, Stay, or Vacate the district judge’s ...

Inherent Power & 41(b) Sanctions: Dismissal with Prejudice upon Disregard of An Order Generally OK If Party Forewarned — Finding Lesser Sanctions Wouldn’t Suffice May Be Implicit

Novero v. Duke Energy, 2018 WL 5013823 (11th Cir. Oct. 16, 2018): PER CURIAM: In this employment action, Plaintiff Primo C. Novero appeals the district court’s dismissal of his Complaint for failure to comply with

Facebook Posts, Photos Authenticated by Messages betw Defendant (D) & Known Assocs, Contents of Posts, Witness Testimony That He Set Meetings with D by FB and D Came, Selfies, Birthday Message Posted on D’s Birthday, No Evidence Anything Planted

People v. Delgado, 2018 Cal. App. Unpub. LEXIS 8357 (Cal. Ct. App. Dec. 11, 2018): I. Introduction Defendant Alejandro Ernesto Hernandez-Delgado appeals ...

People v. Delgado, 2018 Cal. App. Unpub. LEXIS 8357 (Cal. Ct. App. Dec. 11, 2018): I. Introduction Defendant Alejandro Ernesto Hernandez-Delgado appeals after a jury convicted him of first degree murder (Pen. Code, 187, subd. (a))[1] and …

§1927 Sanctions Unreviewable, Even Though Notice of Appeal Stated That Review of §1927 Award Was Its Purpose, Where Appeal Filed in Name of Client and Counsel Was Not Named as Appellant

King v. Burr, 2018 U.S. App. LEXIS 34702 (3d Cir. Dec. 10, 2018) (unpublished): OPINION* AMBRO, Circuit Judge ...

King v. Burr, 2018 U.S. App. LEXIS 34702 (3d Cir. Dec. 10, 2018) (unpublished): OPINION* AMBRO, Circuit Judge This is the second appeal filed in this case. See King v. Burr et al., 728 F. App'x 83 …

Dismissal Sanction: Factors (11th Cir.) — Disregard of Order, If Warned, Enough — Implicit Finding Lesser Sanctions Insufficient OK — Party Personally Responsible — No Recusal Based on Rulings, Standard Consumer Transactions

Barone v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 34589 (11th Cir. Dec. 10, 2018): PER CURIAM: John Barone, proceeding pro se, appeals the district court's dism ...

Barone v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 34589 (11th Cir. Dec. 10, 2018): PER CURIAM: John Barone, proceeding pro se, appeals the district court's dismissal with prejudice of his lawsuit against Wells Fargo Bank, N.A. ("Wells…

Experts: “Rule 702 Is a Screening Procedure, Not an Opportunity to Substitute the Trial Court’s Judgment for That of a Jury” (Good Quote) — Updated Guidelines after Trial Not Considered on Appeal, Potential Basis for New Trial Motion

United States v. Barton, 2018 WL 6374201 (11th Cir. Dec. 6, 2018): *1 Robert Barton was charged by a grand jury sitting in the Middle District of Florida, tried by a petit jury, and convicted in a single count of being a felon in possession of a firearm in violation of

Denial of Rule 11 Motion Does Not Preclude Order to Show Cause Detailing Independent Grounds for Sanctions — Doubling Down on Frivolous Args., Baseless Attacks on Judge Warrant Sanctions — Dist. Ct’s Reliance on Out-of-Circuit Unpublished Opins. OK

Overcash v. Shelnutt, 2018 U.S. App. LEXIS 28741 (11th Cir. Oct. 12, 2018): PER CURIAM: The facts underlying this dispute are—to put it charitably—sprawling and convoluted. T ...

Overcash v. Shelnutt, 2018 U.S. App. LEXIS 28741 (11th Cir. Oct. 12, 2018): PER CURIAM: The facts underlying this dispute are—to put it charitably—sprawling and convoluted. They are also well known to the parties, so we address them here…

Rule 37 Sanctions: “If a Party Gets 4 Extensions … & Blows Thru All of Them without Justification, He May Well Not Get a 5th” (Good Quote) — Dismissal Doesn’t Require Prejudice (That’s Just One Factor)

Cox v. UPS, Inc., 2018 WL 4922803 (3d Cir. Oct. 10, 2018) (unpublished): *1 If a party gets four extensions of his discovery deadlines and blows through them all without justification, he may well not get a fifth chance. The District Court here was admirably patient with Paul Cox, but that patience is ...

Cox v. UPS, Inc., 2018 WL 4922803 (3d Cir. Oct. 10, 2018) (unpublished): *1 If a party gets four extensions of his discovery deadlines and blows through them all without justification, he may well not get a fifth chance. The…

Experts: Lack of Specialization Goes to Weight — Expert Not Strictly Confined to His or Her Area of Specialty But May Testify Concerning Related Applications (Good Quotes)

Cedar Lodge Plantation, L.L.C. v. CSHV Fairway View I, L.L.C., 2018 U.S. App. LEXIS 28535, 2018 WL 4932716 (5th Cir. Oct. 10, 2018) (unpublished): PER CURIAM:

Cedar Lodge Plantation, L.L.C. v. CSHV Fairway View I, L.L.C., 2018 U.S. App. LEXIS 28535, 2018 WL 4932716 (5th Cir. Oct. 10, 2018) (unpublished): PER CURIAM:* Plaintiff, Cedar Lodge Plantation, L.L.C. ("Cedar Lodge"), challenges the district court's summary…

FRAP 38 Sanctions Appropriate Because Appellant Ignored Rulings, Warnings and Sanctions Entered by District Court and Pursued Essentially All of the Frivolous Claims on Appeal

Momo Enters., LLC v. Popular Bank, 2018 WL 4846333 (7th Cir. Oct. 4, 2018) (unpublished): *1 The plaintiffs-appellants in this case filed this suit challenging the sales and foreclosures of a residential and a commercial condominium in Chicago and their subsequent evictions from those properties. They alleged a large ...

Commercial Litigation and Arbitration

Summary Judgment: Evidentiary Issues Reviewed for Abuse of Discretion — Unsigned Dep. OK on SJ If No Inaccuracies Shown — Affidavit from Undisclosed Person Harmless Where Others Disclosed to Say Same Thing & No Deps Taken

Inherent Power & 41(b) Sanctions: Dismissal with Prejudice upon Disregard of An Order Generally OK If Party Forewarned — Finding Lesser Sanctions Wouldn’t Suffice May Be Implicit

Facebook Posts, Photos Authenticated by Messages betw Defendant (D) & Known Assocs, Contents of Posts, Witness Testimony That He Set Meetings with D by FB and D Came, Selfies, Birthday Message Posted on D’s Birthday, No Evidence Anything Planted

§1927 Sanctions Unreviewable, Even Though Notice of Appeal Stated That Review of §1927 Award Was Its Purpose, Where Appeal Filed in Name of Client and Counsel Was Not Named as Appellant

Dismissal Sanction: Factors (11th Cir.) — Disregard of Order, If Warned, Enough — Implicit Finding Lesser Sanctions Insufficient OK — Party Personally Responsible — No Recusal Based on Rulings, Standard Consumer Transactions

Experts: “Rule 702 Is a Screening Procedure, Not an Opportunity to Substitute the Trial Court’s Judgment for That of a Jury” (Good Quote) — Updated Guidelines after Trial Not Considered on Appeal, Potential Basis for New Trial Motion

Denial of Rule 11 Motion Does Not Preclude Order to Show Cause Detailing Independent Grounds for Sanctions — Doubling Down on Frivolous Args., Baseless Attacks on Judge Warrant Sanctions — Dist. Ct’s Reliance on Out-of-Circuit Unpublished Opins. OK

Rule 37 Sanctions: “If a Party Gets 4 Extensions … & Blows Thru All of Them without Justification, He May Well Not Get a 5th” (Good Quote) — Dismissal Doesn’t Require Prejudice (That’s Just One Factor)

Experts: Lack of Specialization Goes to Weight — Expert Not Strictly Confined to His or Her Area of Specialty But May Testify Concerning Related Applications (Good Quotes)

FRAP 38 Sanctions Appropriate Because Appellant Ignored Rulings, Warnings and Sanctions Entered by District Court and Pursued Essentially All of the Frivolous Claims on Appeal

Recent Posts

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

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

Archives

New York Office