Joseph Hage Aaronson

Inherent Power — Disbarment/Suspension — Clear and Convincing Evidence of Bad Faith Required — De Novo Review Whether Conduct Is Sanctionable, Abuse of Discretion As to Specific Sanction (5th Circuit)

In re Booker, 2015 U.S. App. LEXIS 13699 (5th Cir. Aug. 3, 2015): Robert Booker appeals the district court's order suspending him from the roll of attorneys admitted to practice in the United States District Court for the Eastern District …

Instagram Photos Authenticated by Fact Username & Password Needed, Same Photos on Alleged User’s Cell, User in Same Clothes As in Photos, with Same People — Captions = Hearsay — Cellebrite Software to Download Cell

In re KB, 2015 Cal. App. LEXIS 627 (Cal. Ct. App. July 20, 2015): On October 23, 2013, the San Francisco County District Attorney filed a petition charging appellant, age 17, with two counts of possessing firearms. (Pen. Code, §…

Does Contingent Fee Agreement with Expert Disqualify the Witness? — Caselaw Split — Sham Affidavit Rule Doesn’t Bar Affidavit Clarifying Ambiguous Deposition Testimony

Taylor v. Cottrell, Inc., 2015 U.S. App. LEXIS 13173 (8th Cir. July 29, 2015): Timmy A. Taylor ("Taylor") and Deborah Taylor brought this action to recover damages resulting from injuries Taylor sustained in two incidents involving a Cottrell, Inc. ("Cottrell")…

Post-Dismissal So-Ordering of Settlement Agreement Ineffective to Retain Jurisdiction — Court Must Incorporate Settlement in an Order or Expressly Retain Jurisdiction — Rule 60(b) Fix? — Otherwise, Court of Claims If vs. US

Hendrickson v. United States, 2015 U.S. App. LEXIS 11186 (2d Cir. June 30, 2015): This appeal arises from an attempt to enforce a settlement agreement signed by Plaintiffs-Appellees William and Patricia Hendrickson, the United States, and the district court more…

Inherent Power Sanctions — $2.7 Million in Fees for Discovery Abuse: Withholding Test Results Absent Order Compelling Production — Is Award Compensatory If Not Strictly Linked to Misconduct? (Due Process) — Divided 9th Cir. Panel

Haeger v. Goodyear Tire & Rubber Co., 2015 U.S. App. LEXIS 12484 (9th Cir. July 20, 2015) [Note: Opinion updated in 2016 – 813 F3d 1233 (9th Cir. 2016)]: On November 8, 2012, after a six-hour evidentiary hearing, and after …

Opinions in Expert Report Attached to Complaint Disregarded on Dismissal Motion — RICO: Difficulties Pleading Wage Depression Due to Hiring of Undocumented Workers: Defining Market, Alleging Injury

Varela v. Gonzales, 2014 U.S. App. LEXIS 23293 (5th Cir. Dec. 11, 2014): Appellants Jaime Varela and Yesica Wiegert bring this civil action alleging RICO violations against their former employers, Appellees David Benitez Gonzales, Ana Cristina Benitez, Intelligent Mexican Marketing, …

Sanctions — Resort to Inherent Power Error Where Rule 11 Applies — Complaint Barred by Settlement Agreement Violates Rule 11 — Failure to Comply with Safe Harbor Forgiven on Theory of Substantial Compliance

United States v. Rogers Cartage Co., 2015 U.S. App. LEXIS 12927 (7th Cir. July 27, 2015): The villages of Sauget and Cahokia, Illinois, located along the east bank of the Mississippi River just south of East St. Louis, are home…

Digital Photos Automatically Taken by Red Light Traffic Camera Not Subject to Strict Authentication Requirements If Not Enhanced — Are Not Hearsay — Authentication Is Subset of Relevance: Purpose of Evidence Key to Authentication

People v. Goldsmith, 59 Cal. 4th 258, 326 P.3d 239 172 Cal. Rptr. 3d 637 (2014): Defendant was cited for failing to stop at a red traffic light at an intersection located in the City of Inglewood in violation of …

Arbitration — After Granting Motion to Compel, May Court Dismiss or Must It Enter a Stay? — Circuit Split — Second Circuit Holds Dismissal Improper, Confers Right to Appeal That Congress Withheld

Katz v. Cellco P’ship, DBA Verizon Wireless, 2015 U.S. App. LEXIS 13055 (2d Cir. July 28, 2015): In an effort to more efficiently manage their dockets, some district [*2] courts in this Circuit will dismiss an action after having compelled …

Appealability — Collateral Order Doctrine: Factors — Importance of Issue Critical — Types of Orders Within & Outside Doctrine — 1292(a)(1) Jurisdiction: Interpretation vs. Modification of Injunction (Only Latter Appealable)

In re Deepwater Horizon, 2015 U.S. App. LEXIS 12299 (5th Cir. July 15, 2015): In May 2012, BP Exploration & Production Inc. ("BP") and related entities reached a settlement with a class of individuals who suffered economic and property damage …

Commercial Litigation and Arbitration

Inherent Power — Disbarment/Suspension — Clear and Convincing Evidence of Bad Faith Required — De Novo Review Whether Conduct Is Sanctionable, Abuse of Discretion As to Specific Sanction (5th Circuit)

Instagram Photos Authenticated by Fact Username & Password Needed, Same Photos on Alleged User’s Cell, User in Same Clothes As in Photos, with Same People — Captions = Hearsay — Cellebrite Software to Download Cell

Does Contingent Fee Agreement with Expert Disqualify the Witness? — Caselaw Split — Sham Affidavit Rule Doesn’t Bar Affidavit Clarifying Ambiguous Deposition Testimony

Post-Dismissal So-Ordering of Settlement Agreement Ineffective to Retain Jurisdiction — Court Must Incorporate Settlement in an Order or Expressly Retain Jurisdiction — Rule 60(b) Fix? — Otherwise, Court of Claims If vs. US

Inherent Power Sanctions — $2.7 Million in Fees for Discovery Abuse: Withholding Test Results Absent Order Compelling Production — Is Award Compensatory If Not Strictly Linked to Misconduct? (Due Process) — Divided 9th Cir. Panel

Opinions in Expert Report Attached to Complaint Disregarded on Dismissal Motion — RICO: Difficulties Pleading Wage Depression Due to Hiring of Undocumented Workers: Defining Market, Alleging Injury

Sanctions — Resort to Inherent Power Error Where Rule 11 Applies — Complaint Barred by Settlement Agreement Violates Rule 11 — Failure to Comply with Safe Harbor Forgiven on Theory of Substantial Compliance

Digital Photos Automatically Taken by Red Light Traffic Camera Not Subject to Strict Authentication Requirements If Not Enhanced — Are Not Hearsay — Authentication Is Subset of Relevance: Purpose of Evidence Key to Authentication

Arbitration — After Granting Motion to Compel, May Court Dismiss or Must It Enter a Stay? — Circuit Split — Second Circuit Holds Dismissal Improper, Confers Right to Appeal That Congress Withheld

Appealability — Collateral Order Doctrine: Factors — Importance of Issue Critical — Types of Orders Within & Outside Doctrine — 1292(a)(1) Jurisdiction: Interpretation vs. Modification of Injunction (Only Latter Appealable)

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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