Joseph Hage Aaronson

RICO Injury: Prisoner’s Vested Property Interest in Proper Conditions at Prison Is a Non-Actionable Intangible Property Interest and Not Requisite Concrete Financial Loss

Dippolito v. United States, 2017 WL 3429053 (3d Cir. Aug. 4, 2017): *1 Frank Dippolito appeals pro se from the District Court’s order awarding summary judgment in this Bivens action. We will affirm. I. Dippolito initiated this action in 2013 …

Rule 11: Voluntary Dismissal of Def. b/c Her Role Was “Minimal at Best” ≠ Concession of Frivolousness — Basing Claim on Statute Not Creating Right of Action “Not Inescapably” Frivolous—Good Cause under Rule 4(m) for Not Serving w/in 90 Days

Lostutter v. Olsen, 2017 U.S. Dist. LEXIS 136280 (M.D.N.C. Aug. 24, 2017): Deric James Lostutter, proceeding pro se, claims that Defendants, all residents of different States, defamed him, principally through their use of the unauthorized eponymous website www.DericLostutter.org. In…

Judicial Notice (JN) on 12(b)(6) Motion — JN of Wayback Machine Results OK, But Lack of Wayback Watermark on One Exhibit and Incongruity between Dates on Other Exhibits & on Request for JN Warrant Denial

Prime Healthcare Servs. v. Harris, 2017 U.S. Dist. LEXIS 130853 (S.D. Cal. Aug. 16, 2017): Before the Court is Defendants Kamala D. Harris ("Defendant" or "Harris") and Attorney General of California Xavier Becerra's1 ("Defendant's" or "Becerra's") (collectively, "Defendants'") motion…

Inherent Power Sanctions — Poor Record-Keeping May Give Rise to an Adverse Inference by Analogy to Spoliation

McMunn v. Babcock & Wilcox Power Generation Group, Inc., 2017 U.S. App. LEXIS 16103 (3d Cir. Aug. 23, 2017): Plaintiffs assert that they developed cancer1 after being exposed to excessive radiation emissions from the Nuclear Material and Equipment Company ("NUMEC")…

Federal Jurisdiction — Probate Exception Doesn’t Apply to Case Seeking in Personam Judgment, Not Seeking to Reach a Res in the State Court, Nor to Fiduciary Duty Claims — Lists of Actions over Which Federal Jurisdiction Exists

Osborn v. Griffin, 865 F.3d 417 (6th Cir. 2017): Defendants John M. Griffin, the Estate of Dennis B. Griffin, the Dennis B. Griffin Revocable Trust, and Martom Properties, LLC (“Defendants”), appeal from the judgment entered by the district court on…

Inherent Power Sanctions: Counsel’s Belated Assertion of Fifth Amendment, Even If in Good Faith, as Reason for Not Complying with Court Order Doesn’t Undercut Bad Faith Finding—Fifth Must Be Timely Asserted [Then Adverse Inference Drawn]

Armstead v. Allstate Prop. & Cas. Ins. Co., 2017 WL 2992071 (11th Cir. July 14, 2017): *1 Attorney Sandra Finch represented Elaine Armstead in Armstead’s lawsuit against Allstate Property & Casualty Insurance Company. In the weeks leading up to trial,…

YouTube: Video Authenticated by Witness Who Recognized Person (Who Admitted Being in Recent Video) — Wit. Needn’t Know Circs of Recording — Viewer May Assume Items in Non-Prof’l Video Are Real, Not Props—Under 403, Only Still Photos Admitted

United States v. Washington, 2017 U.S. Dist. LEXIS 136220 (N.D. Ill. Aug. 21, 2017): The United States of America (the "Government") has charged Defendant Darrius Washington with one count of unlawful possession of a firearm by a felon. [See 1.]…

Joint Defense/Common Interest Privilege: Direct Communications among Clients Unprivileged unless Purpose Is to Solicit or Communicate Legal Advice — One Client’s Reporting His or Her Research to Another Not Protected

United States v. Krug, 2017 U.S. App. LEXIS 15643 (2d Cir. Aug. 18, 2017): Appeal from the December 10, 2016 order of the United States District Court for the Western District of New York (Skretny, J.) precluding the government from…

Rule 68 vs. Sanctions: While Unaccepted Offer of Full Judgment under Either R. 67 or 68 Does Not Moot a Claim, Refusal to Accept the Offer May Be Sanctionable under § 1927, the Inherent Power or Even Rule 11

Conrad v. Boiron, Inc., 2017 U.S. App. LEXIS 16180 (7th Cir. Aug. 24, 2017): Chad Conrad filed a class action against Boiron for deceptive marketing, but he was left with only his individual claim after the district court refused to …

Disqualification in Federal Court Is Decided under Ethics Rules of State in Which Court Sits (Rule 1.9), Not under a Federal Standard — What Is “Substantially Related” — Implications of Passage of Time — Court May Rely on Commentary to Rules

Watkins v. Trans Union, LLC, 2017 U.S. App. LEXIS 16016 (7th Cir. Aug. 22, 2017): Plaintiff Richard Watkins has sued Trans Union for violating the Fair Credit Reporting Act. The merits of his claims are not the subject of this …

Commercial Litigation and Arbitration

RICO Injury: Prisoner’s Vested Property Interest in Proper Conditions at Prison Is a Non-Actionable Intangible Property Interest and Not Requisite Concrete Financial Loss

Rule 11: Voluntary Dismissal of Def. b/c Her Role Was “Minimal at Best” ≠ Concession of Frivolousness — Basing Claim on Statute Not Creating Right of Action “Not Inescapably” Frivolous—Good Cause under Rule 4(m) for Not Serving w/in 90 Days

Judicial Notice (JN) on 12(b)(6) Motion — JN of Wayback Machine Results OK, But Lack of Wayback Watermark on One Exhibit and Incongruity between Dates on Other Exhibits & on Request for JN Warrant Denial

Inherent Power Sanctions — Poor Record-Keeping May Give Rise to an Adverse Inference by Analogy to Spoliation

Federal Jurisdiction — Probate Exception Doesn’t Apply to Case Seeking in Personam Judgment, Not Seeking to Reach a Res in the State Court, Nor to Fiduciary Duty Claims — Lists of Actions over Which Federal Jurisdiction Exists

Inherent Power Sanctions: Counsel’s Belated Assertion of Fifth Amendment, Even If in Good Faith, as Reason for Not Complying with Court Order Doesn’t Undercut Bad Faith Finding—Fifth Must Be Timely Asserted [Then Adverse Inference Drawn]

YouTube: Video Authenticated by Witness Who Recognized Person (Who Admitted Being in Recent Video) — Wit. Needn’t Know Circs of Recording — Viewer May Assume Items in Non-Prof’l Video Are Real, Not Props—Under 403, Only Still Photos Admitted

Joint Defense/Common Interest Privilege: Direct Communications among Clients Unprivileged unless Purpose Is to Solicit or Communicate Legal Advice — One Client’s Reporting His or Her Research to Another Not Protected

Rule 68 vs. Sanctions: While Unaccepted Offer of Full Judgment under Either R. 67 or 68 Does Not Moot a Claim, Refusal to Accept the Offer May Be Sanctionable under § 1927, the Inherent Power or Even Rule 11

Disqualification in Federal Court Is Decided under Ethics Rules of State in Which Court Sits (Rule 1.9), Not under a Federal Standard — What Is “Substantially Related” — Implications of Passage of Time — Court May Rely on Commentary to Rules

Recent Articles

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

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

Archives

New York Office