Complex Lit Blog

Inherent Power Sanction Requires Explicit Finding of Conduct Tantamount to Bad Faith — Court Has Ancillary Enforcement Jurisdiction to Issue Post-Judgment Injunctive Relief When Facing Real Risk Judgment Debtor May Secrete or Dissipate Funds

Smagin v. Yegiazaryan, 2018 WL 3627646 (9th Cir July 31, 2018) (amended opinion; unpublished) (amending the opinion excepted in our post of June 11, 2018): AMENDED MEMORANDUM* In an arbitration between Vitaly Smagin and Ashot Yegiazaryan, the London Court of International Arbitration awarded Smagin about $72 million ...

R. 11, §1927, Inherent Power Sanctions: Bad Faith = Knowingly or Recklessly Pursuing Frivolous Claim — Post-Sanctions Reversal of Case on Which Sanctions Based Shows Claim Wasn’t Frivolous, Even Though Precluded under Then-Existing Law

Silva v. Pro Transp., 2018 U.S. App. LEXIS 22258 (11th Cir. Aug. 10, 2018): PER CURIAM: Plaintiff Juan Antonio Silva appeals a district court order assessing sanctions against hi ...

Silva v. Pro Transp., 2018 U.S. App. LEXIS 22258 (11th Cir. Aug. 10, 2018): PER CURIAM: Plaintiff Juan Antonio Silva appeals a district court order assessing sanctions against him and his attorneys. Silva sued his employer, Pro Transport, Inc.,…

Rule 11(c)(1) Sua Sponte Sanctions — Prior Issuance of Order to Show Cause Is Mandatory — Sending Email Identifying Court’s Concerns Not Enough, Requires Vacatur

Przybysz v. City of Toledo, 2018 U.S. App. LEXIS 23103 (6th Ciur. Aug. 20, 2018): Marcia Przybysz appeals the district court's order awarding summary judgment to Sergeant Karrie Wil ...

Przybysz v. City of Toledo, 2018 U.S. App. LEXIS 23103 (6th Ciur. Aug. 20, 2018): Marcia Przybysz appeals the district court's order awarding summary judgment to Sergeant Karrie Williams, the City of Toledo, and other officers named as defendants,…

Rule 11: 10th Cir.’s 5-Factor Dismissal Test Applies to All Sanctions — Doubling Down behind Manipulated Email When Shown Original in Safe Harbor Warning = Bad Faith (Good Quotes)—Post-Goodyear, Can Mkt Fees Be Awarded State Atty? [37(e)]

King v. Fleming, 2018 WL 3863326 (10th Cir. Aug. 15, 2018): *1 Facing a motion to dismiss, the appellants attached a materially altered e-mail (described as an “unofficial version”) to an amended complaint. The appellees notified the appellants that the e-mail was inaccurate, but the appellants refused to ...

King v. Fleming, 2018 WL 3863326 (10th Cir. Aug. 15, 2018): *1 Facing a motion to dismiss, the appellants attached a materially altered e-mail (described as an “unofficial version”) to an amended complaint. The appellees notified the appellants that the …

RICO: Probate Estate, Like Bankruptcy Estate, May Constitute Enterprise — Beneficiary Has Standing to Sue for Pillaging — Multiple Other Important Holdings Summarized Up Front

Summary of holdings: Standing/Ripeness: “[C]laims for "lost debt" injuries—that is, for damages in the form of an owed, but as-yet-uncollected, amount—are unripe when parallel proceedings to collect the amount owed are ongoing in another forum.” Standing/Ripeness

Text Authentication: Messages Received with Sender’s Name as Recorded on Recipient’s Phone, Contents Known Only to the Two of Them — Photos of Texts Properly Received in Evidence

Tran v. State, 2018 Ind. App. Unpub. LEXIS 841, 2018 WL 3468554 (Ind. Ct. App. July 19, 2018): Statement of the Case P1 James Tran appeals his convictions of nine counts of child mole ...

Tran v. State, 2018 Ind. App. Unpub. LEXIS 841, 2018 WL 3468554 (Ind. Ct. App. July 19, 2018): Statement of the Case P1 James Tran appeals his convictions of nine counts of child molesting, all as Class A felonies…

Rule 16(f) Sanctions — $950 Against Counsel for Being 18 Minutes Late to Settlement Conference, Late Filing Mediation Memo ( Lacking Some Info) — Sanction Against Client Reversed: No Evidence It “Was Responsible for Or Even Knew About” Issues

Apelian v. Allstate Ins. Co., 2018 WL 3030692 (9th Cir. June 19, 2018): MEMORANDUM* *1 Appellants Allstate Insurance Company and its trial counsel appeal a magistrate judge’s sanctions award of attorney’s fees of $12,500 plus an additional $500 against Allstate, ...

Apelian v. Allstate Ins. Co., 2018 WL 3030692 (9th Cir. June 19, 2018): MEMORANDUM* *1 Appellants Allstate Insurance Company and its trial counsel appeal a magistrate judge’s sanctions award of attorney’s fees of $12,500 plus an additional $500 against Allstate, …

Although 12(f) Motion to Strike Is Disfavored As Drastic Remedy, It Is Appropriately Granted When Post-Appeal Pleading Re-Asserts Claims Or Defenses That Were Resolved on Appeal — Such Allegations Are Impertinent

United States v. Ancient Coin Collectors Guild, 2018 WL 3734281 (4th Cir. Aug. 7, 2018): *1 This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chine ...

United States v. Ancient Coin Collectors Guild, 2018 WL 3734281 (4th Cir. Aug. 7, 2018): *1 This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the …

Rule 37 Sanctions — Default Judgment Apt for Defendants’ “Pattern of Obstructionism That Prevented [Plaintiff] from Effectively Litigating Its Claims” — Recidivism: Similar Misconduct in Other Cases Noted as Supporting Sanction

Arrowhead Capital Fin., Ltd. v. Seven Arts Entm't, Inc., 2018 U.S. App. LEXIS 17956, 2018 WL 3202765 (2d Cir. June 29, 2018): SUMMARY ORDER UPON DUE ...

Arrowhead Capital Fin., Ltd. v. Seven Arts Entm't, Inc., 2018 U.S. App. LEXIS 17956, 2018 WL 3202765 (2d Cir. June 29, 2018): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of…

Facebook Photo — Authentication of Photo Does Not Require Authentication of Facebook Page as Belonging to Anyone Depicted in Photograph

State v. Briggs, 2018 Tenn. Crim. App. LEXIS 576 (Tenn. Ct. App. Aug. 2, 2018): The Defendant's convictions relate to the September 7, 2014 homicide of Kenneth Koster in a t ...

State v. Briggs, 2018 Tenn. Crim. App. LEXIS 576 (Tenn. Ct. App. Aug. 2, 2018): The Defendant's convictions relate to the September 7, 2014 homicide of Kenneth Koster in a tool shed in Campbell County. The Defendant and Brad …

Commercial Litigation and Arbitration

Inherent Power Sanction Requires Explicit Finding of Conduct Tantamount to Bad Faith — Court Has Ancillary Enforcement Jurisdiction to Issue Post-Judgment Injunctive Relief When Facing Real Risk Judgment Debtor May Secrete or Dissipate Funds

R. 11, §1927, Inherent Power Sanctions: Bad Faith = Knowingly or Recklessly Pursuing Frivolous Claim — Post-Sanctions Reversal of Case on Which Sanctions Based Shows Claim Wasn’t Frivolous, Even Though Precluded under Then-Existing Law

Rule 11(c)(1) Sua Sponte Sanctions — Prior Issuance of Order to Show Cause Is Mandatory — Sending Email Identifying Court’s Concerns Not Enough, Requires Vacatur

Rule 11: 10th Cir.’s 5-Factor Dismissal Test Applies to All Sanctions — Doubling Down behind Manipulated Email When Shown Original in Safe Harbor Warning = Bad Faith (Good Quotes)—Post-Goodyear, Can Mkt Fees Be Awarded State Atty? [37(e)]

RICO: Probate Estate, Like Bankruptcy Estate, May Constitute Enterprise — Beneficiary Has Standing to Sue for Pillaging — Multiple Other Important Holdings Summarized Up Front

Text Authentication: Messages Received with Sender’s Name as Recorded on Recipient’s Phone, Contents Known Only to the Two of Them — Photos of Texts Properly Received in Evidence

Rule 16(f) Sanctions — $950 Against Counsel for Being 18 Minutes Late to Settlement Conference, Late Filing Mediation Memo ( Lacking Some Info) — Sanction Against Client Reversed: No Evidence It “Was Responsible for Or Even Knew About” Issues

Although 12(f) Motion to Strike Is Disfavored As Drastic Remedy, It Is Appropriately Granted When Post-Appeal Pleading Re-Asserts Claims Or Defenses That Were Resolved on Appeal — Such Allegations Are Impertinent

Rule 37 Sanctions — Default Judgment Apt for Defendants’ “Pattern of Obstructionism That Prevented [Plaintiff] from Effectively Litigating Its Claims” — Recidivism: Similar Misconduct in Other Cases Noted as Supporting Sanction

Facebook Photo — Authentication of Photo Does Not Require Authentication of Facebook Page as Belonging to Anyone Depicted in Photograph

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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