Citing 6th Circuit's Blessing to 'Filter Out' Complaints, Michigan District Court Amends Local Rules on 'Vexatious' Filings
Citing a U.S. Court of Appeals for the Sixth Circuit authorization for courts under its jurisdiction to "filter out" complaints filed by frivolous or vexatious litigants, the federal trial court for the Eastern District of Michigan has amended its local rules regarding "Enjoined Filers" and "Assignment and Reassignment of Civil Cases to Judges."
Defendant's 'Repeated Confessions,' Corroborative Evidence Leads Appellate Court to Reinstate Jury OVI Verdict
"The defendant told the officer that 'he was coming on the on-ramp and, then, he hit the snow and, then, lost traction and went into the woods,'" Associate Justice Joseph M. Ditkoff wrote on behalf of the unanimous panel, with Associate Justices Sabita Singh and Marguerite T. Grant concurring. "The defendant further explained that he had driven from Belmont, where he was a barber, and had stopped for dinner and drinks. At booking, the defendant said, 'I think I have a concussion, I might need to see someone'."
'April Fool's Joke Gone Wrong'?: Judge Dismisses Securities Suit Over VW's 'Voltswagen' Campaign—For Now
"Merely alleging a daily monitoring function and the participation in the preparation of public statements does not allow this Court to infer that Volkswagen AG 'collaborated with the authors to such an extent that they controlled the [press release's] publication,'" Alston wrote, citing the Second Circuit's 2022 holding in Noto v. 22nd Century Grp. Inc. "In other words, the Amended complaint does not sufficiently allege that Individual Defendants and VWGoA more broadly 'lacked final control over the [press release's] contents or did not make the ultimate decision as to what specific information to include.
Economic Loss Rule Bars Negligence Claim for Willful and Wanton Conduct, Says State Appeals Court
In a published opinion, the Colorado Court of Appeals held that a district court erred in its denial of a defendant's motion for a directed verdict based on the economic loss rule and stated that the lower court incorrectly relied on two cases—neither of which preclude application of the economic loss rule to bar common law negligence claims involving willful and wanton conduct.
After Four Denials by State Judges, Suspended Boston Attorney Loses Bid for Federal Court Reinstatement
"Diviacchi concedes that the SJC [Supreme Judicial Court of Massachusetts] affirmed the denial of his reinstatement, and that he is still suspended in Massachusetts," a federal judge wrote of the lawyer, who the Supreme Court in December said has shown "open contempt for the legal system and the disciplinary system."