Joseph Hage Aaronson

Rule 611(a) Summary Chart Introduced as Pedagogical Aide Must Be Linked to Admitted Evidence — Chart Proponent Bears Burden of Proving Admissibility of Summarized Evidence

United States v. Irvin, 682 F.3d 1254 (10th Cir. 2012): 1. Admission of Exhibit 1-2 The testimony of cooperating defendant Sparks formed much of the government's case against Miller and Irvin. Over the course of four days, Sparks described the…

PSLRA’s RICO Bar Applies to Extraterritorial Securities Fraud Not Actionable in U.S. — Key Is Nature of Conduct, Not Actionability — If One Prong of Conduct Is Barred, Entire Scheme Barred

Perkumpulan Investor Crisis Center Dressel – WBG v. Wong, 2014 U.S. Dist. LEXIS 33797 (W.D. Wash. Mar. 14, 2014): C. RICO and the Private Securities Litigation Reform Act Congress enacted the Racketeer Influenced [*21] and Corrupt Organizations Act of 1970…

13th Anniversary of Firm

March 17, 2014 marks the 13th anniversary of the firm's formation, in New York.

RICO — Failure to Plead Relevant Labor or Geographic Market Fatal to Claim Wages Were Depressed Due to Hiring Illegal Employees — Neither Injury Nor Causation Pled — Rule-of-Reason Antitrust Case Law Drawn On

Simpson v. Sanderson Farms, Inc., 2014 U.S. App. LEXIS 4259 (11th Cir. Mar. 7, 2014): Plaintiffs Melissa Simpson and Sabrina Roberts appeal the dismissal of a putative class action suit brought under the Racketeer Influenced and Corrupt Organizations (RICO) Act,…

Federal Jurisdiction — Court of Federal Claims Lacks Jurisdiction over RICO and Constitutional Claims Because They Do Not Mandate Payment of Money

Trevino v. United States, 2014 U.S. App. LEXIS 4252 (Fed. Cir. Mar. 7, 2014): Fourth, the trial court does not have jurisdiction over Ms. Treviño's RICO claims or her claims under the due process, equal protection or supremacy clauses of …

Spoliation — Bad Faith Required for Fees as a Spoliation Sanction (Ninth Circuit), at Least under Inherent Power — “‘Perhaps’ Doesn’t Mean ‘Yes,’ It Means ‘Perhaps’” (Good Quote)

Joseph v. Linehaul Logistics, Inc., 2013 U.S. App. LEXIS 24434 (9th Cir. Dec. 5, 2013): Arlene Joseph sued LineHaul Logistics for wrongful discharge and unpaid overtime. A jury found for Joseph as to wrongful discharge and for LineHaul as to…

Sanctions — $413 Million Default Affirmed — Testimony Incredible in Part May Be Wholly Rejected — Diligent Efforts Needed to Show Compliance with Discovery Order Impossible — Damages Undisturbed Unless Plainly Excessive — Evidence for Contempt

Domanus v. Lewicki, 742 F.3d 290 (7th Cir. 2014): Adam Swiech, Richard Swiech, and Derek Lewicki received a host of discovery sanctions in the district court. These sanctions eventually led to the ultimate penalty, when they ended up on the …

Text Messages — Authenticating Testimony from Provider — Admissibility as Computer-Generated Evidence, Business Records, Adoptive Admissions — Reading Aloud, Interpreting Contractions — Making a Record of “Dramatic” Reading

Chewning v. Commonwealth of Virginia, 2014 Va. App. LEXIS 82 (Va. Ct. App. Mar. 11, 2014): Eddie Wayne Chewning (the appellant) was tried by a jury and convicted of first-degree murder and use of a firearm in the commission of…

Rule 11 Sanctions — Burden of Proof — Compliance with Safe Harbor Mandatory — Alleged Failure to Confer Is Not Sanctionable

Kane v. Miser, 2014 U.S. Dist. LEXIS 30668 (D. Az. March 7, 2014): Currently pending before the court is a "Motion for Violation of [Fed.R.Civ.P.] Eleven[,]" filed by plaintiff pro se Keith P. Nance (Doc. 88). Because there is no…

New York Convention — Enforcement of International Arbitration Award — Normally a Secondary State May Not Enforce an Award Lawfully Set Aside by a Competent Authority in the Primary State

Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of Lao People’s Republic, 2014 U.S. Dist. LEXIS 15004 (S.D.N.Y. Feb. 6, 2014): The New York Convention "provides a carefully crafted framework for the enforcement of international arbitral awards." TermoRio S.A. E.S.P.…

Commercial Litigation and Arbitration

Rule 611(a) Summary Chart Introduced as Pedagogical Aide Must Be Linked to Admitted Evidence — Chart Proponent Bears Burden of Proving Admissibility of Summarized Evidence

PSLRA’s RICO Bar Applies to Extraterritorial Securities Fraud Not Actionable in U.S. — Key Is Nature of Conduct, Not Actionability — If One Prong of Conduct Is Barred, Entire Scheme Barred

13th Anniversary of Firm

RICO — Failure to Plead Relevant Labor or Geographic Market Fatal to Claim Wages Were Depressed Due to Hiring Illegal Employees — Neither Injury Nor Causation Pled — Rule-of-Reason Antitrust Case Law Drawn On

Federal Jurisdiction — Court of Federal Claims Lacks Jurisdiction over RICO and Constitutional Claims Because They Do Not Mandate Payment of Money

Spoliation — Bad Faith Required for Fees as a Spoliation Sanction (Ninth Circuit), at Least under Inherent Power — “‘Perhaps’ Doesn’t Mean ‘Yes,’ It Means ‘Perhaps’” (Good Quote)

Sanctions — $413 Million Default Affirmed — Testimony Incredible in Part May Be Wholly Rejected — Diligent Efforts Needed to Show Compliance with Discovery Order Impossible — Damages Undisturbed Unless Plainly Excessive — Evidence for Contempt

Text Messages — Authenticating Testimony from Provider — Admissibility as Computer-Generated Evidence, Business Records, Adoptive Admissions — Reading Aloud, Interpreting Contractions — Making a Record of “Dramatic” Reading

Rule 11 Sanctions — Burden of Proof — Compliance with Safe Harbor Mandatory — Alleged Failure to Confer Is Not Sanctionable

New York Convention — Enforcement of International Arbitration Award — Normally a Secondary State May Not Enforce an Award Lawfully Set Aside by a Competent Authority in the Primary State

Recent Articles

nherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 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

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