Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2011 Aug
31 Aug 2011
Seventh Circuit Rules that a Letter Satisfies the Motion Requirement of Rule 11(c)(1)(A) and that Post-Judgment Motion Is Timely Despite Safe Harbor (Circuit Split)
30 Aug 2011
Removing Defendant May Be Awarded Fees under § 1447(c) for Frivolous Removal Caused by Plaintiff’s Misconduct
28 Aug 2011
No Rule 11 Sanctions for Cat-and-Mouse Evasion of Service or Failure to File Answer, but Inherent Power Sanctions May Be Warranted
27 Aug 2011
Counsel’s Orally Reading to SEC Her Notes of Internal Investigation Interviews Waived Work Product Protection Even Though Done Pursuant to Confidentiality Agreement
26 Aug 2011
Inherent Power and § 1927 Sanctions Are Punitive as Well as Deterrent and Therefore May Exceed the Amount Required for Deterrence
25 Aug 2011
RICO Pattern — Nine-Month Scheme by Employee Lacks Continuity — Sole Victim Is Company — Harmed ESOP Participants Not Cognizable Victims — Good Quote (Anti-Mail Fraud Predicate)
24 Aug 2011
Supreme Court on Civil Practice 2011
23 Aug 2011
Improper to Interrupt Deposition to Confer with Deponent — By Answering Question About Conference, Privilege May Be Waived or Vitiated by Crime-Fraud — “Speculation” Objection = Improper Coaching — In Camera Meeting with Witness
22 Aug 2011
RICO Claims Dependent on Allegation that Insurers Charged More than Permitted by State Law Dismissed for Failure to Exhaust Mandatory State Administrative Remedies for Excessive Rate Charges
20 Aug 2011
Standard of Review of Sanctions under 28 U.S.C. § 1447(c) — Automatic Stay Does Not Preclude Imposition of Sanctions for Frivolous Removal, Post-Petition, of Action Filed Pre-Petition
19 Aug 2011
Failure to Withdraw a Claim or Respond to Discovery Is Not Sanctionable under Rule 11 — Continuing to Litigate after Baselessness Is Clear Is Sanctionable — No Right to Condition Dismissal of Baseless Claim on Stipulation from Adversary
18 Aug 2011
Circuit Split as to Whether Res Judicata Can Be Afforded in District Court to Bankruptcy Court Judgment on Non-Core Claim — Collateral Estoppel OK — Impact of Stern Unresolved — No Collateral Attack Based on Standing
17 Aug 2011
F. R. App. 38 — Fact that Complaint May Have Been Frivolous when Filed Does Not Mean Appeal from a Dismissal Is Frivolous — Must be “Totally Lacking in Merit”
16 Aug 2011
Bank Owes No Duty of Care to Non-Customers, Including No Duty to Detect Fraudulent Conduct of Its Customers
15 Aug 2011
Standards of Admissibility for Expert Testimony as to Ultimate Issue, Credibility Determinations and State of Mind
14 Aug 2011
Verified Pleadings Satisfy Evidentiary Standard of Rule 56, Particularly in Pro Se Cases
13 Aug 2011
Production of Email in Discovery Authenticates the Email
12 Aug 2011
Self-Authentication and Judicial Notice of Government Website Postings
11 Aug 2011
Delaware Supreme Court Affirms Enhanced Burden of Proof, Corroboration Requirement and $3.2 Million Award as Sanctions for Wiping Unallocated Space, Deleting Traces of Spoliation and Destroying Electronic Documents
10 Aug 2011
Sanctions — That Others Have Filed Similar Lawsuits that Have Not Been Dismissed, If Anything, Militates against a Finding of Improper Purpose — Mere Fact that Plaintiff Has Filed Other Lawsuits Insufficient to Sustain § 1927 Sanctions
09 Aug 2011
Generally No Hearsay — as Opposed to Authentication — Problem Associated with Images Posted on Internet
08 Aug 2011
Standards for Disqualification of Opposing Counsel Who Served as Mediator in Earlier Dispute between Parties
07 Aug 2011
Arbitration — Determining the Amount in Controversy for Purposes of Confirming an Award — Amount Claimed vs. Amount Awarded
06 Aug 2011
Mutual Company, Not Just Its Directors, Owes a Fiduciary Duty to Its Members — Case Law Split (Cases Collected)
05 Aug 2011
New Article Analyzing Recent Federal Arbitration Law Developments
04 Aug 2011
No Waiver of Privilege from Presence of Parents and Neighbor at Conversation with Counsel
03 Aug 2011
Rule 37(b) Default Upheld for Disregard of Oral Discovery Order Not Noticed, Opposed or Formally Heard — Five-Factor Ninth Circuit Test for Default Sanction — Second Judge on Case May Reconsider Orders of First — 16(f) Sanctions — Good Quotes
02 Aug 2011
Privilege and Work Product Protection for Internal Investigations — Waiver Issues — Self-Interest and Common Interest Defenses to Defamation
01 Aug 2011
Court Retains CAFA Jurisdiction over All Claims after Denying Class Certification and Even after Severance Produces Multiple New Cases over Which No Independent Jurisdiction Exists
Photograph courtesy of Stephen F. Harmon. © 2006 Stephen F. Harmon.