Joseph Hage Aaronson

Texts Authenticated by Fact They Reflect They Came from Sender & Bore Defendant’s Nickname & One Came with His Photo, Evidence Phone Number Was Defendant’s and by the Contents of the Messages

Reyes-Mendoza v. State, 2015 Md. App. LEXIS 388 (Ct. Spec. App. Sept. 29, 2015): On January 31, 2014, a jury in the Circuit Court for Prince George's County convicted Marvin Reyes-Mendoza of attempted first degree murder and related crimes in…

Venue — Internet Acts Occur Where Effects Felt — Permissive Forum Selection Clause Doesn’t Require § 1404 Transfer — Does § 1391(b)(2)’s “Events or Omissions Giving Rise to the Claim” Refer Only to Def’s Acts (Circuit Split)

Volks USA Inc. v. A2 Hosting, Inc., 2016 U.S. Dist. LEXIS 159595 (C.D. Cal. Nov. 16, 2016): I. INTRODUCTION On June 15, 2016, Volks USA, Inc. ("Volks") filed this action against A2 Hosting Inc. ("A2"). On September 1, 2016, plaintiff…

Sanctions — If Only Appellate Challenge Is to District Court’s Jurisdiction to Award Sanctions, Review Is De Novo, Not Abuse of Discretion — District Court Has Jurisdiction to Issue Post-Judgment, Inherent Power Sanctions

Haagensen v. Reed, 2016 U.S. App. LEXIS 20473 (3d Cir. Nov. 15, 2016): OPINION1 1 This disposition is not an opinion of the full court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In 2006, Janice Haagensen, as …

Internet Evidence — Adversary’s Website Admissible as Party Admission and For Impeachment Purposes

San Diego Gas & Elec. Co. v. ABB, Inc., 2016 U.S. Dist. LEXIS 157346 (S.D. Cal. Nov. 14, 2016): Plaintiffs San Diego Gas & Electric Company ("SDG&E") and those certain underwriters at Lloyds of London ("Underwriters") subscribing to policy numbers…

Judicial Notice of Internet Evidence — Materials on FDA Website, Both Those Generated by FDA and Non-FDA Studies Required to Be Submitted to FDA

Caton v. Stryker Sustainability Solutions, Inc., 2015 U.S. Dist. LEXIS 181033 (C.D. Cal. May 12, 2015): Proceedings (In Chambers): Order GRANTING IN PART and DENYING IN PART Motion to Dismiss Before the Court is Defendants Corin Group PLC and Corin …

Not All Inherent Power Sanctions Require Bad Faith (8th Cir.) — Sanctions Denied under Rule 11, 1927 & Inherent Power Where Some Claims Survived 12(c) and Summary Judgment Motions

Duranseau v. Portfolio Recovery Assocs., LLC, 644 F. App'x 702 (8th Cir. 2016): Harvey Duranseau sued Portfolio Recovery Associates, LLC (PRA), alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692 et seq., and Minnesota law.…

Who Bears the Burden of Proof on a Motion to Enforce a Contractual Waiver of the Right to a Jury Trial? — Circuit Split

Regions Comm'l Equip. Fin., LLC v. Performance Aviation, LLC, 2016 U.S. Dist. LEXIS 154782 (S.D. Miss. Nov. 8, 2016): "[A]s the right of jury trial is fundamental, courts indulge every reasonable presumption against waiver." Aetna Ins. Co. v. Kennedy, 301…

Is a Venue Transfer Pursuant to 28 U.S.C. § 1631 Permitted for Lack of Personal Jurisdiction or Only for Lack of Subject Matter Jurisdiction? — Circuit Split — Factors Governing Transfer under § 1631

Companion Prop. & Cas. Ins. Co. v. U.S. Bank N.A., 2016 U.S. Dist. LEXIS 158389 (D.S.C. Nov. 16, 2016): 17 In response to the motion to dismiss his fourth-party complaint, Burns requests, in the event the court concludes that it…

Rule 37(b) Sanctions Not Imposable in Absence of Court Order That Was Violated

Williams v. Alabama Dept. of Corrections, 2016 U.S. App. LEXIS 9070 (11th Cir. May 18, 2016): Orlando Williams, proceeding pro se, appeals the district court's grant of summary judgment and judgment as a matter of law in favor of the …

RICO: § 1964(c), Like Most Statutes, Doesn’t Create Private Contractual Right against Government (It’s Not an “Offer” a Plaintiff Can “Accept” by Filing Suit, Such That Dismissal = Breach) — Dismissal of RICO Claim ≠ Taking

Julian v. United States, 2016 U.S. App. LEXIS 14233 (Fed. Cir. Aug. 4, 2016): Plaintiffs Christopher B. Julian and Renee G. Julian filed suit in the United States Court of Federal Claims alleging that the government breached an implied contract …

Commercial Litigation and Arbitration

Texts Authenticated by Fact They Reflect They Came from Sender & Bore Defendant’s Nickname & One Came with His Photo, Evidence Phone Number Was Defendant’s and by the Contents of the Messages

Venue — Internet Acts Occur Where Effects Felt — Permissive Forum Selection Clause Doesn’t Require § 1404 Transfer — Does § 1391(b)(2)’s “Events or Omissions Giving Rise to the Claim” Refer Only to Def’s Acts (Circuit Split)

Sanctions — If Only Appellate Challenge Is to District Court’s Jurisdiction to Award Sanctions, Review Is De Novo, Not Abuse of Discretion — District Court Has Jurisdiction to Issue Post-Judgment, Inherent Power Sanctions

Internet Evidence — Adversary’s Website Admissible as Party Admission and For Impeachment Purposes

Judicial Notice of Internet Evidence — Materials on FDA Website, Both Those Generated by FDA and Non-FDA Studies Required to Be Submitted to FDA

Not All Inherent Power Sanctions Require Bad Faith (8th Cir.) — Sanctions Denied under Rule 11, 1927 & Inherent Power Where Some Claims Survived 12(c) and Summary Judgment Motions

Who Bears the Burden of Proof on a Motion to Enforce a Contractual Waiver of the Right to a Jury Trial? — Circuit Split

Is a Venue Transfer Pursuant to 28 U.S.C. § 1631 Permitted for Lack of Personal Jurisdiction or Only for Lack of Subject Matter Jurisdiction? — Circuit Split — Factors Governing Transfer under § 1631

Rule 37(b) Sanctions Not Imposable in Absence of Court Order That Was Violated

RICO: § 1964(c), Like Most Statutes, Doesn’t Create Private Contractual Right against Government (It’s Not an “Offer” a Plaintiff Can “Accept” by Filing Suit, Such That Dismissal = Breach) — Dismissal of RICO Claim ≠ Taking

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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