Joseph Hage Aaronson

Sanctions — Dismissal with Prejudice for Failure to Amend Complaint in Compliance with Judicial Instructions — Implicit Finding Lesser Sanctions Wouldn’t Suffice — Good Quotes on Need for Clear Pleadings, Seriousness of Filing Suit

Nurse v Sheraton Atlanta Hotel, 2015 U.S. App. LEXIS 11912 (11th Cir. July 10, 2015): Ronald A. Nurse, proceeding pro se, appeals the district court's sua sponte dismissal with prejudice of his amended complaint, which asserted 21 claims against the…

Internet Chats — Party’s Statements Are Admissions and Unidentified Counterparties’ Statements Not Hearsay when Admitted to Provide Context for Party’s Statements

United States v. Beckman, 2015 U.S. App. LEXIS 12238 (6th Cir. July 13, 2015): III. Admission of Chats with Unidentified Individuals *** Beckman also claims that the chats with unidentified persons constituted inadmissible hearsay. But Beckman concedes he is jimmyab2010; …

Internet Evidence & Residual Hearsay Exception — Reliability — Wikipedia (No), Blogs (Not These) — “Considering the Trustworthiness of a Document Cannot Be Punted when Analyzing Admissibility” (Good Quotes)

Kagen v. Kagen, 2015 Mich. App. LEXIS 1385 (Mich. Ct. App. July 14, 2015): We previously remanded this matter to the circuit court for reconsideration of whether securing vaccinations for the parties' minor children was in the children's best interests. …

Facebook Messages Authenticated by Testimony That Sender Gave Recipient His Screen Name; Icon on That Facebook Page Resembles Sender; and Messages’ Contents Describing Events Known to Both

J.B. v. State, 2015 Ind. App. Unpub. LEXIS 736 (Ind. Ct. App. July 1, 2015): P1 J.B. appeals an adjudication that would constitute Theft, a class D felony,1 and Dangerous Possession of a Firearm, a class A misdemeanor2…

Attorney’s Fees — Because Rule 54 Requires a Motion No Later Than 14 Days after Entry of Judgment, Motion May Be Filed Prior to Judgment — § 1927 Sanctions Require Conduct Akin to Bad Faith in 2d Circuit

16 Casa Duse, LLC v.Merkin, 2015 U.S. App. LEXIS 11053 (2d Cir. June 29, 2015): V. Fees and Sanctions Merkin and Reichman argue that the district court made legal errors in awarding fees and costs to Casa Duse under the…

Rule 12(g) Doesn’t Bar Defense Available on Earlier MTD If Court Didn’t Reach Merits — Failure to Perform Contract= RICO Injury — Corp + Subs ≠ Enterprise — Providing Services & Knowledge ≠ Operation & Mgmt. — Reliance, Good Quotes

In re Aetna UCR Litig., 2015 U.S. Dist. LEXIS 84600 (D.N.J. June 30, 2015): This matter comes before the Court on three separate motions: (1) plaintiffs' motion for leave to file a third amended consolidated complaint; (2) defendant Aetna's motion…

Judicial Notice of Internet Evidence — Wayback Machine Credited over Party’s Submitted Evidence

Erickson v. Neb. Machinery Co., 2015 U.S. Dist. LEXIS 87417 (N.D. Cal. July 6, 2015): In this copyright infringement suit, plaintiffs Jim Erickson and his production company allege that defendant Nebraska Machinery Company displayed ten of his photos on its…

Sanctions — Summary Judgment Granting Inherent Power Sanctions Reversed — Factual Issues as to Whether There Was Bad Faith or Willful Misconduct Required Evidentiary Hearing — Improper to Make Factual Findings on SJ Where Facts Disputed

Konop v. BMK Hawaiian Airlines, Inc., 2015 U.S. App. LEXIS 11772 (9th Cir. July 8, 2015): Robert Konop appeals the district court's order affirming in part and vacating in part the bankruptcy court's award of sanctions against him. We have…

Text Authentication by Absence of Messages at Times Alleged Sender Is Indisposed, Name & Phone Number on Messages, Consistency of Content with Events in Alleged Sender’s Life

Matter of Detention of H.N., 2015 Wash. App. LEXIS 1433 (Wash. Ct. App. July 6, 2015): H.N. appeals the order committing her to involuntary treatment. The trial court did not abuse its discretion when it admitted as substantive evidence e-mailed…

Privilege — Common Interest/Joint Defense — Existing Litigation Unnecessary — Party Asserting Privilege Need Not Put Forward Evidence Establishing the Details of a Joint Legal Strategy

Hanwha Azdel, Inc. v. C&D Zodiac, Inc., 2015 U.S. App. LEXIS 9602 (4th Cir. June 9, 2015): Finally, Azdel appeals the [*39] district court's denial of Azdel's motion to compel certain Crane documents that the district court deemed protected under…

Commercial Litigation and Arbitration

Sanctions — Dismissal with Prejudice for Failure to Amend Complaint in Compliance with Judicial Instructions — Implicit Finding Lesser Sanctions Wouldn’t Suffice — Good Quotes on Need for Clear Pleadings, Seriousness of Filing Suit

Internet Chats — Party’s Statements Are Admissions and Unidentified Counterparties’ Statements Not Hearsay when Admitted to Provide Context for Party’s Statements

Internet Evidence & Residual Hearsay Exception — Reliability — Wikipedia (No), Blogs (Not These) — “Considering the Trustworthiness of a Document Cannot Be Punted when Analyzing Admissibility” (Good Quotes)

Facebook Messages Authenticated by Testimony That Sender Gave Recipient His Screen Name; Icon on That Facebook Page Resembles Sender; and Messages’ Contents Describing Events Known to Both

Attorney’s Fees — Because Rule 54 Requires a Motion No Later Than 14 Days after Entry of Judgment, Motion May Be Filed Prior to Judgment — § 1927 Sanctions Require Conduct Akin to Bad Faith in 2d Circuit

Rule 12(g) Doesn’t Bar Defense Available on Earlier MTD If Court Didn’t Reach Merits — Failure to Perform Contract= RICO Injury — Corp + Subs ≠ Enterprise — Providing Services & Knowledge ≠ Operation & Mgmt. — Reliance, Good Quotes

Judicial Notice of Internet Evidence — Wayback Machine Credited over Party’s Submitted Evidence

Sanctions — Summary Judgment Granting Inherent Power Sanctions Reversed — Factual Issues as to Whether There Was Bad Faith or Willful Misconduct Required Evidentiary Hearing — Improper to Make Factual Findings on SJ Where Facts Disputed

Text Authentication by Absence of Messages at Times Alleged Sender Is Indisposed, Name & Phone Number on Messages, Consistency of Content with Events in Alleged Sender’s Life

Privilege — Common Interest/Joint Defense — Existing Litigation Unnecessary — Party Asserting Privilege Need Not Put Forward Evidence Establishing the Details of a Joint Legal Strategy

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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