Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2009 Dec
31 Dec 2009
RICO — Concrete, Definite, Tangible Losses Necessary to Establish RICO Injury
30 Dec 2009
Test for Obtaining Deposition of Trial Counsel — Sixth Circuit (and Eighth)
29 Dec 2009
Pendent Personal Jurisdiction: Generally, Extending Personal Jurisdiction to State Law Claims Arising Out of the Same Nucleus of Operative Facts as a Federal Claim over which Personal Jurisdiction Is Statutorily Conferred
28 Dec 2009
Purchasers of Derivative Securities May Bring a 10(b)(5) Against the Issuer of the Underlying, Bundled Securities — Issue of First Impression — Link to "The Subprime Primer"
27 Dec 2009
Materials Appropriately Considered on 12(b)(2) Motion to Dismiss for Lack of Jurisdiction — Effect on Construing Complaint in Plaintiff’s Favor
26 Dec 2009
Rule 12(f) Motions to Strike and 12(e) Motions for a More Definite Statement — Standards
25 Dec 2009
In Prosecution of Judge for Receiving Bribes, Expert Testimony on the Correctness of Judge’s Allegedly-Influenced Rulings Excluded
24 Dec 2009
In Diversity Action, Federal Court Applies Federal Law in Determining Enforceability of Forum Selection Clause — Circuit Split
23 Dec 2009
Sanctions for Improper Removal under 28 U.S.C. § 1447(c) Must be Imposed on Party, Not Counsel — First Impression in Courts of Appeals — District Court Caselaw Split
22 Dec 2009
Damages Expert Testimony Relying Wholesale on Untested Opinions of Ultimate Party Client and Another Expert Excluded — Good Quotes
21 Dec 2009
Post-Mohawk, Mandamus Available for Interlocutory Review of Denial of Privilege Assertion (Here, First Amendment Defense to Production of Internal Campaign Deliberations)
20 Dec 2009
No Injunctive Relief Available to Private Plaintiffs under RICO
19 Dec 2009
Bulgaria, as an EU Nation, Is an Adequate Alternative Forum for Forum Non Conveniens Purposes, Despite Corruption Concerns, Limited Remedies, and Filing Fee of 4% of Total Claimed Damages
18 Dec 2009
Twombly and Iqbal Do Not Extend to Affirmative Defenses — Caselaw Split
17 Dec 2009
Party Cannot Revive Moot Case by Making Its Outcome Determinative of Another, Live Dispute
16 Dec 2009
Third-Party Defendant May Remove Action, If at All, Only If the Third-Party Claim Is “Separate and Independent” from Main Cause of Action — Caselaw Split
15 Dec 2009
Attorney-Client Privilege — Waiver by Use of Employer’s Email System — DOJ Attorney Does Not Waive Privilege by Communicating with Personal Attorney Using DOJ Email System
14 Dec 2009
Sanctions — IRS Ordered to Pay $1 Million in Attorneys' Fees for Fraud on the Tax Court to Counsel Who Agreed to Appear Pro Bono or for Only Those Amounts Awarded by the Court — Interest Awarded
13 Dec 2009
No Interlocutory Appeal of Privilege Decisions via Collateral Order Doctrine
12 Dec 2009
Lawyer Providing Conventional Legal Advice Does Not Violate RICO — Non-Moving Defendants Standing in the Same Posture as Moving Defendants May Be Dismissed on Court’s Initiative
11 Dec 2009
Mere Inability to Locate Cell Phone Photos Does Not Necessarily Constitute Spoliation
10 Dec 2009
Spoliation — Two Tests Used to Determine Appropriate Sanction
09 Dec 2009
Sanctions — Failing to Advise Client of Meritlessness of Claim Warrants § 1927 Sanctions — Sixth Circuit § 1927 Standards
08 Dec 2009
Common Interest/Joint Defense Privilege — Legal vs. Commercial Interests — Commercial Interest Insufficient to Afford Common Interest Protection Suffices to Avoid Work Product Waiver
07 Dec 2009
Evidence of Earlier Preliminary Injunction Ruling and Other Litigations Excluded from Jury Trial Under 403 — Prior Arbitration Award Excluded as Hearsay — Brief of Party in Other Litigation Excluded as Hearsay
06 Dec 2009
For RICO Statute of Limitations Accrual Purposes, Date of Injury = Date of Investment
05 Dec 2009
Fiduciary Exception to Attorney-Client Privilege — ERISA
04 Dec 2009
The “Facially Conclusive” Exception to Younger Abstention
03 Dec 2009
Printout from Internet Archive Sufficiently Authenticated by Affidavit from Manager Explaining How Internet Archive Saves Old Web Pages
02 Dec 2009
Sanctions — Pro Se Inmate’s Letter to Court Laced with Obscenities and Charges of Racism Directed at Judge and Court Reporter Sent with “Improper Purpose” of Harassment, within Rule 11(b)(1)
01 Dec 2009