Joseph Hage Aaronson

Text Evidence: Photos of Texts Don’t Violate Best Evidence, = 1001(d) Duplicate Original — Authentication by (a) Testimony of Wit. Who Texted with Def., (b) Self-ID’ing Text, (c) No. Assigned to Def.; (d) No. Linked to Def. in Wit.’s Phone

Pierce v. State, 2017 Ga. LEXIS 940 (Ga. Sup. Ct. Oct. 30, 2017): Appellant Matthew Caleb Pierce was tried before a jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of…

Vexatious Litigant Injunctions Are Issued under Inherent Power as Codified by All Writs Act — Requiring Lawyer for Future Suit, Not Prescreening by Court, Saves Judicial Time—Post-Dismissal Inj’n OK—Meaning of Abuse of Discretion (11th Cir.)

Klayman v. DeLuca, 2017 WL 4791081 (11th Cir. Oct. 24, 2017): PER CURIAM: *1 Larry Klayman, an attorney proceeding pro se, appeals the district court’s injunction barring him from filing pro se lawsuits against Baker & Hostetler, LLP and…

Inherent Power Sanctions: Referral to Disciplinary Authority for Threatening to Sue Adverse Expert If Opinion Not Withdrawn + Misrepresentation on Appeal — “The Decision to Impose Sanctions Is Not to Be Made Lightly” (Good Quote)

Gross v. Sun Life Assur. Co., 2018 U.S. App. LEXIS 1190 (1st Cir. Jan. 18, 2018): More than four years ago, we remanded this case with the instruction that appellant Sun Life Assurance Co. reconsider its rejection of Diahann Gross's…

Rule 11 Safe Harbor — No Need to Serve Brief or Supporting Affidavits to Start 21-Day Period — Notice of Motion Plus Correspondence Concerning Motion Sufficient — Bad Faith Inferred from Recklessly Citing Bad Law and Cases Hurting Citer’s Position

Malkan v. Mutua, 2017 U.S. App. LEXIS 21766 (2d Cir. Oct. 30, 2017): SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby is AFFIRMED. Appellants…

Rule 403 Not for Detrimental or Monotonous Evid., Must Arouse Horror — Flight Always Evid. of Guilt — Can’t Force Adversary to Accept Stip—Text Authentication via Cellebrite—Surveillance Video Auth’n—Must Get Ruling on Objection to Preserve It

Taylor v. Commonwealth, 2017 Ky. Unpub. LEXIS 63 (Ky. Sup. Ct. Nov. 2, 2017): On June 15, 2016, a Fayette County jury convicted Robert Markham Taylor of Murder, Kidnapping, and Tampering with Physical Evidence. The jury recommended sentences of twenty-two…

Rule 37(b) and Inherent Power Sanctions — Dismissal for Disobeying Court Order Requiring Production of Computer for Examination and for Perjury in Testimony at Sanctions Hearing

Lambert v. Worldwide Mktg. Techs. Corp., 2017 WL 3833027 (11th Cir. Sept. 1, 2017): Angela Lambert appeals pro se the dismissal of her complaint against her former employer, Worldwide Marketing Technologies Corporation, and its owners, Claudina Pennell, and Daniel Pennell.…

Rule 11 Sanctions: Letter to Witness’s Counsel Challenging Facts in Witness’s Affidavit, Calling It Intentional Interference ≠ Witness Tampering — Meaning of Abuse of Discretion (6th Circuit)

Wal-Mart Real Estate Business Trust v. Eastwood, LLC, 2017 WL 3971441 (6th Cir. Sept. 8, 2017): *1 In this real estate dispute between lessors Eastwood, LLC, and Eastwood Holdings, LLC, (collectively, “Eastwood”) and lessee Wal-Mart Real Estate Business Trust (“Wal-Mart”),…

Judicial Notice of Internet Evidence — Court Has Discretion to Take Notice of Contents of Website of Counsel Who Filed Fee Application

Bluelink Mktg. LLC v. Carney, 2017 U.S. Dist. LEXIS 191978 (S.D.N.Y. Nov. 20, 2017): Plaintiffs Bluelink Marketing LLC and Gerald Owens (together, "Plaintiffs") brought this action against defendants Declan Carney and Tagcade LLC (together, "Defendants") for breach of contract, fraudulent…

Texted Requests or Directions Are Not Hearsay — [While Court May Consider Hearsay for Authentication Purposes under 104(a),] Authenticating Witness Must Be Produced at Trial If Authentication Challenged

People v. Clark, 2017 Cal. App. Unpub. LEXIS 7686, 2017 WL 5151385 (Cal. Ct. App. Nov. 7, 2017): After a jury trial, defendant was convicted of receiving stolen property. Among other things, defendant contends the trial court erroneously admitted…

Rule 37(d) Sanctions Likely Inapt If Witness Appears But Fails to Answer Questions — Answering Questions on Several Topics ≠ Failure to Appear — Movant’s Own Misconduct Justifies Rejection of Motion for Sanctions

Watkins v. Infosys, 2017 U.S. App. LEXIS 25193 (9th Cir. Dec. 13, 2017): * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Marilyn Watkins ("Watkins") sued her former employer,…

Commercial Litigation and Arbitration

Text Evidence: Photos of Texts Don’t Violate Best Evidence, = 1001(d) Duplicate Original — Authentication by (a) Testimony of Wit. Who Texted with Def., (b) Self-ID’ing Text, (c) No. Assigned to Def.; (d) No. Linked to Def. in Wit.’s Phone

Vexatious Litigant Injunctions Are Issued under Inherent Power as Codified by All Writs Act — Requiring Lawyer for Future Suit, Not Prescreening by Court, Saves Judicial Time—Post-Dismissal Inj’n OK—Meaning of Abuse of Discretion (11th Cir.)

Inherent Power Sanctions: Referral to Disciplinary Authority for Threatening to Sue Adverse Expert If Opinion Not Withdrawn + Misrepresentation on Appeal — “The Decision to Impose Sanctions Is Not to Be Made Lightly” (Good Quote)

Rule 11 Safe Harbor — No Need to Serve Brief or Supporting Affidavits to Start 21-Day Period — Notice of Motion Plus Correspondence Concerning Motion Sufficient — Bad Faith Inferred from Recklessly Citing Bad Law and Cases Hurting Citer’s Position

Rule 403 Not for Detrimental or Monotonous Evid., Must Arouse Horror — Flight Always Evid. of Guilt — Can’t Force Adversary to Accept Stip—Text Authentication via Cellebrite—Surveillance Video Auth’n—Must Get Ruling on Objection to Preserve It

Rule 37(b) and Inherent Power Sanctions — Dismissal for Disobeying Court Order Requiring Production of Computer for Examination and for Perjury in Testimony at Sanctions Hearing

Rule 11 Sanctions: Letter to Witness’s Counsel Challenging Facts in Witness’s Affidavit, Calling It Intentional Interference ≠ Witness Tampering — Meaning of Abuse of Discretion (6th Circuit)

Judicial Notice of Internet Evidence — Court Has Discretion to Take Notice of Contents of Website of Counsel Who Filed Fee Application

Texted Requests or Directions Are Not Hearsay — [While Court May Consider Hearsay for Authentication Purposes under 104(a),] Authenticating Witness Must Be Produced at Trial If Authentication Challenged

Rule 37(d) Sanctions Likely Inapt If Witness Appears But Fails to Answer Questions — Answering Questions on Several Topics ≠ Failure to Appear — Movant’s Own Misconduct Justifies Rejection of Motion for Sanctions

Recent Articles

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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