Joseph Hage Aaronson

Rule 11 Sanctions May Be Sought for Successfully Opposing Sanctionable Rule 11 Motion without Filing Cross-Motion — Filing Unauthorized Substantive Reply Disguised as Sanctions Motion = Improper Purpose Violation

Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014): Smith next argues that the district court erred in awarding Appellees attorneys' fees for the expenses they incurred opposing her Rule 11 motion. When …

FAA Doesn’t Preempt Longer State-Law Period to Enforce a Judgment Entered by a Secondary Jurisdiction on Award Over 3 Years Old — Elements of Hines Preemption — Presumption against Preemption in Fields Traditionally Occupied by States

Commissions Import Export v. Republic of Congo, 2014 U.S. App. LEXIS 13158 (D.C. Cir. July 11, 2014): Commissions Import Export S.A. ("the Company") prevailed in 2000 in an arbitration in Paris, France against the Republic of the Congo and Caisse …

Rules 26, 34, 37 — Document Production: Party Has Control of Documents If It Has the Right or Ability to Obtain Them on Demand — Sanctions: Contempt Power Shouldn’t Generally Be Used to Award Non-Coercive, Compensatory, $ Sanctions (Good Quote)

Claude Worthington Benedum Foundation v. Harley, 2014 U.S. Dist. LEXIS 99019 (W.D. Pa. July 22, 2014): Plaintiff seeks sanctions based on Federal Rule of Civil Procedure 37(b)-(c). (Docket No. 71). Generally, Rule 37 governs sanctions imposed against a party that…

Erie—State Statute Requiring Verification of Complaint Doesn’t Apply in Federal Court Despite Rule 11’s Exception for “a Rule or Statute” Requiring Verification—Means Only Fed. Rules & Stats—Other Anti-SLAPP Cases Distinguished

Royalty Network, Inc. v. Harris, 2014 U.S. App. LEXIS 13222 (11th Cir. July 10, 2014): Appellants Carl Harris and his company, Phat Groov Music, appeal the district court's order denying their motion to dismiss a complaint filed by Appellees The…

Inherent Power Sanctions — Vacatur of Order Procured by False Court Filings within Court’s Discretion — Abuse of Discretion Defined (5th Cir.)

Wilson v. Novartis Pharm. Corp., 2014 U.S. App. LEXIS 13234 (5th Cir. July 11, 2014): Appellants Billy and Caroline Wilson appeal the district court's orders vacating a prior substitution order, dismissing the case pursuant to Rule 25(a), and denying Appellants'…

Other Lessons of Halliburton 2—Overturning Long-Settled Precedent Requires Special Justification—Mere Error Not Enough—Stare Decisis Has Special Force in Statutory Interpretation (Good Quotes)

Halliburton Co. v. Erica P. John Fund, Inc., 2014 U.S. LEXIS 4305 (U.S. June 23, 2014): Investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to…

RICO — Continuity: If Enterprise Is Legit Business, Evidence Must Permit Inference Predicate Acts = Regular Way of Doing Business or Imply Threat of Continued Criminal Activity — Multiple Acts of Mail Fraud in Furtherance of Single Fraud ≠ Pattern

Crawford v. Franklin Credit Mgmt. Corp., 2014 U.S. App. LEXIS 13179 (2d Cir. July 11, 2014): Plaintiff Linda D. Crawford appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, …

Appeals — “Though We Do Not Lightly Create a Circuit Split, We Are Obliged to Follow Supreme Court Precedent Even When It Might Be Viewed As Inequitable or as Form Over Substance” (Good Quote)

Jewell v. United States, 749 F.3d 1295 (10th Cir. 2014): Though we do not lightly create a circuit split, we are obliged to follow Supreme Court precedent, even when it might be viewed as "inequitable" or as "form over substance."…

Judicial Notice of Internet Evidence — Fact That Certain Gambling Websites Are Owned by Foreign Entities, Which Is Ascertainable from Factual Documents Found on Reliable Sources on Internet, May Be Judicially Noticed

United States v. Hom, 2014 U.S. Dist. LEXIS 77489 (N.D. Cal. June 4, 2014): The following facts are uncontested. During 2006, pro se defendant John Hom gambled online through internet accounts with PokerStars.com and PartyPoker.com (Hendon Decl., Exh. 5 at…

Rule 37 Sanctions — Purposes — Factors — Prejudice as Prerequisite to Obtaining Sanctions More Severe Than Fees — Categories of Prejudice

Paice, LLC v. Hyundai Motor Co., 2014 U.S. Dist. LEXIS 95043 (D. Md. June 27, 2014): B. Sanctions The Court now turns to consider whether discovery sanctions are appropriate for Defendants' discovery conduct to-date.5 Courts have broad discretion to impose…

Commercial Litigation and Arbitration

Rule 11 Sanctions May Be Sought for Successfully Opposing Sanctionable Rule 11 Motion without Filing Cross-Motion — Filing Unauthorized Substantive Reply Disguised as Sanctions Motion = Improper Purpose Violation

FAA Doesn’t Preempt Longer State-Law Period to Enforce a Judgment Entered by a Secondary Jurisdiction on Award Over 3 Years Old — Elements of Hines Preemption — Presumption against Preemption in Fields Traditionally Occupied by States

Rules 26, 34, 37 — Document Production: Party Has Control of Documents If It Has the Right or Ability to Obtain Them on Demand — Sanctions: Contempt Power Shouldn’t Generally Be Used to Award Non-Coercive, Compensatory, $ Sanctions (Good Quote)

Erie—State Statute Requiring Verification of Complaint Doesn’t Apply in Federal Court Despite Rule 11’s Exception for “a Rule or Statute” Requiring Verification—Means Only Fed. Rules & Stats—Other Anti-SLAPP Cases Distinguished

Inherent Power Sanctions — Vacatur of Order Procured by False Court Filings within Court’s Discretion — Abuse of Discretion Defined (5th Cir.)

Other Lessons of Halliburton 2—Overturning Long-Settled Precedent Requires Special Justification—Mere Error Not Enough—Stare Decisis Has Special Force in Statutory Interpretation (Good Quotes)

RICO — Continuity: If Enterprise Is Legit Business, Evidence Must Permit Inference Predicate Acts = Regular Way of Doing Business or Imply Threat of Continued Criminal Activity — Multiple Acts of Mail Fraud in Furtherance of Single Fraud ≠ Pattern

Appeals — “Though We Do Not Lightly Create a Circuit Split, We Are Obliged to Follow Supreme Court Precedent Even When It Might Be Viewed As Inequitable or as Form Over Substance” (Good Quote)

Judicial Notice of Internet Evidence — Fact That Certain Gambling Websites Are Owned by Foreign Entities, Which Is Ascertainable from Factual Documents Found on Reliable Sources on Internet, May Be Judicially Noticed

Rule 37 Sanctions — Purposes — Factors — Prejudice as Prerequisite to Obtaining Sanctions More Severe Than Fees — Categories of Prejudice

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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