Joseph Hage Aaronson

Arbitration — If Complaint/Supporting Docs Unclear on Agreement to Arbitrate, Motion to Compel Should Follow Discovery, Be Decided under SJ Standard — While Continuing to Work after ADR Policy May=Consent to Arbitrate, Not So If Employee Dissents

Scott v Education Mgmt. Corp., 2016 U.S. App. LEXIS 18662 (3d Cir. Oct. 18, 2016): In these consolidated appeals, two former employees of the Education Management Corporation ("EDMC") appeal from orders dismissing their separate claims of discrimination. The employees —…

RICO/9(b): Where Many Sued, Complaint Need Not Necessarily ID False Statements by Each But Conclusory Conspiracy Claim Not Enough — Each’s Role Must Be ID’ed; Collective Action OK If All Did Same Thing — Basis for Belief (Info+B) Must Be Stated

Puri v. Khalsa, 2017 U.S. App. LEXIS 287 (9th Cir. Jan. 6, 2017): * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The plaintiffs, individually and on behalf of …

Video Evidence Should Be Reviewed by the Court In Camera before It Is Displayed to Jury — Fact That Attorney Referred Plaintiff to Physician Is Relevant, Admissible — Fact Plaintiff’s Counsel Advertises Excluded

Ernestine v. Hi-Vac LLC, 2016 U.S. Dist. LEXIS 141290 (S.D. Miss. Oct. 12, 2016): This matter is before the Court on the Motion in Limine [143] filed by Plaintiff Lionel Ernestine ("Plaintiff"), and the Motion in Limine [147] filed by…

Arbitration — Does the FAA Authorize Arbitrators to Issue Deposition Subpoenas Duces Tecum or Must a Hearing Be Held? — Circuit Split

McTammany v. Foundation Capital Partners LP, 2015 U.S. Dist. LEXIS 183559 (C.D. Cal. May 1, 2015): PROCEEDINGS (IN CHAMBERS): ORDER DENYING MOTION TO COMPEL DEPOSITION OF KELLY HOLOWATY [1] Before the Court is Plaintiffs' Motion to Compel Deposition of Kelly…

§ 1927 Sanctions: Once It Is Obvious An Asserted Position Has No Basis, Continuing to Assert It Exposes Counsel to Sanctions — The Court Aims To Resolve This Dispute, Not To Litigate The Same Points Ad Infinitum (Good Quotes)

Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., 2017 U.S. Dist. LEXIS 1187 (N.D. Ind. Jan. 4, 2017): Hartford Iron doesn't like the way Valley Forge has performed on its contract. After three motions to dismiss, numerous excess…

Removal: May a Non-Forum Defendant Remove before Service Is Effected on a Forum Defendant? — Circuit Split — Held, a Forum Defendant May Remove before It Has Been Served Even If There Are No Non-Forum Defendants

Hwang v. Gladden, 2016 U.S. Dist. LEXIS 177479 (M.D. Ala. Dec. 21, 2016): This matter is before the court on plaintiffs' motion to remand (Doc. 9), which is opposed by defendants Brent Gladden and University Real Estate Group, LLC (collectively,…

Wayback Machine: Court Declines to Take Judicial Notice Because of Wayback Machine’s Disclaimer of Warranty of Accuracy — Res Judicata: Prior Judgment Bars More Detailed Allegations of Prejudgment Misconduct, But Not Post-Judgment Incidents

Nassar v. Nassar, 2017 U.S. Dist. LEXIS 456 (M.D. Fla. Jan. 3, 2017): THIS CAUSE is before the Court on (1) Defendant's Motion to Dismiss Amended Complaint and Memorandum in Support (Doc. 63; "Defendant's Motion to Dismiss"), filed on March…

Sanctions: Rule 37/Inherent Power Dismissal for Bribing Witness — Rule 37 Extends to Hiding Evidence, Lying, Soliciting Lies — 7th Circuit Reverses Clear & Convincing Standard for Dismissal under Rule 37 (Circuit Split) — Gross Negligence May=Fault

Ramirez v. T&H Lemont, Inc., 2016 U.S. App. LEXIS 23404 (7th Cir. Dec. 30, 2016): Upon finding that plaintiff Armando Ramirez had offered a witness money in exchange for his favorable testimony, the district court dismissed Ramirez's suit with prejudice. …

RICO: Res Judicata Based on State Court Mandamus Action — Dismissal without Prejudice of Some Claims Doesn’t Bar Appeal If They’re Time-Barred — Order Stipulated As to Form Concedes Only That Order Embodies Ruling — Undeveloped Arguments Waived

Scott v. Reif, 2016 U.S. App. LEXIS 16311 (6th Cir. Sept. 2, 2016): James and Helen Scott, owners of Best Way Auto Sales (Best Way), brought this action against a number of parties, alleging violations of 42 U.S.C. § 1983,…

Removal: Does Filing a Voluntary Cross Claim in State Court Waive Right to Remove? — Circuit Split — Letter from Plaintiff Forwarding Unsigned, Unfiled Stip Dismissing Only Non-Diverse Defendant Triggers 30-Day Removal Period

Boggs v. Harris, 2016 U.S. Dist. LEXIS 177154 (W.D. Pa. Dec. 22, 2016): I. Introduction Pending before the court is a motion to remand filed by plaintiffs Roy Boggs and Annette Boggs ("plaintiffs"). (ECF No. 5.) On June 28, 2016,…

Commercial Litigation and Arbitration

Arbitration — If Complaint/Supporting Docs Unclear on Agreement to Arbitrate, Motion to Compel Should Follow Discovery, Be Decided under SJ Standard — While Continuing to Work after ADR Policy May=Consent to Arbitrate, Not So If Employee Dissents

RICO/9(b): Where Many Sued, Complaint Need Not Necessarily ID False Statements by Each But Conclusory Conspiracy Claim Not Enough — Each’s Role Must Be ID’ed; Collective Action OK If All Did Same Thing — Basis for Belief (Info+B) Must Be Stated

Video Evidence Should Be Reviewed by the Court In Camera before It Is Displayed to Jury — Fact That Attorney Referred Plaintiff to Physician Is Relevant, Admissible — Fact Plaintiff’s Counsel Advertises Excluded

Arbitration — Does the FAA Authorize Arbitrators to Issue Deposition Subpoenas Duces Tecum or Must a Hearing Be Held? — Circuit Split

§ 1927 Sanctions: Once It Is Obvious An Asserted Position Has No Basis, Continuing to Assert It Exposes Counsel to Sanctions — The Court Aims To Resolve This Dispute, Not To Litigate The Same Points Ad Infinitum (Good Quotes)

Removal: May a Non-Forum Defendant Remove before Service Is Effected on a Forum Defendant? — Circuit Split — Held, a Forum Defendant May Remove before It Has Been Served Even If There Are No Non-Forum Defendants

Wayback Machine: Court Declines to Take Judicial Notice Because of Wayback Machine’s Disclaimer of Warranty of Accuracy — Res Judicata: Prior Judgment Bars More Detailed Allegations of Prejudgment Misconduct, But Not Post-Judgment Incidents

Sanctions: Rule 37/Inherent Power Dismissal for Bribing Witness — Rule 37 Extends to Hiding Evidence, Lying, Soliciting Lies — 7th Circuit Reverses Clear & Convincing Standard for Dismissal under Rule 37 (Circuit Split) — Gross Negligence May=Fault

RICO: Res Judicata Based on State Court Mandamus Action — Dismissal without Prejudice of Some Claims Doesn’t Bar Appeal If They’re Time-Barred — Order Stipulated As to Form Concedes Only That Order Embodies Ruling — Undeveloped Arguments Waived

Removal: Does Filing a Voluntary Cross Claim in State Court Waive Right to Remove? — Circuit Split — Letter from Plaintiff Forwarding Unsigned, Unfiled Stip Dismissing Only Non-Diverse Defendant Triggers 30-Day Removal Period

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)

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