Joseph Hage Aaronson

Duplicative § 1782 Application Filed in Second District Court Properly Dismissed — Under FRCP, Parent Corporation or Subsidiary May Be Order to Produce Documents Held by the Other

Lufthans Technik AG v. Astronics Corp., 2014 U.S. App. LEXIS 1352 (2d Cir. Jan. 24, 2014): Lufthansa Technik AG appeals from the judgment of the United States District Court for the Western District of New York (Arcara, J.), dismissing Lufthansa's…

Rule 11 Sanctions Limited to What Suffices to Deter Repetition by Offender and Others (Good Quote) — Eleventh Circuit Factors to Be Considered in Determining an Appropriate Sanction

Thomas v. Early Cnty., GA, 518 F. App'x 645 (11th Cir. 2013): "The purpose of Rule 11 sanctions is to reduce frivolous claims, defenses, or motions, and to deter costly meritless maneuvers." Kaplan v. DaimlerChrysler, A.G., 331 F.3d 1251, 1255…

RICO — Injury Requirement Restricts Broad Reading — “Natural and Foreseeable Consequence” Does Not Satisfy “Substantial Factor” Causation Test of RICO — Raising Argument Initially in Reply Brief on Appeal Waives It

Rock v. BAE Sys., Inc., 2014 U.S. App. LEXIS 3578 (11th Cir. Feb. 26, 2014): Randel Rock, appearing pro se, appeals the district court's dismissal of his complaints, which alleged violations of the Interstate Stalking Punishment and Prevention Act ("ISPPA")…

Facebook Authentication — Kansas Adopts More Liberal Circumstantial Evidence Approach (Parker, Not Griffin)

State v. Jones, 2014 Kan. App. Unpub. LEXIS 118 (Kan. Ct. App. Feb. 28, 2014): Mitchell Jones, III, appeals his convictions for aggravated battery and criminal threat involving his ex-wife. The jury acquitted Jones of charges of aggravated kidnapping, aggravated…

Sanctions — Appealability — Cunningham Bars Interlocutory Appeal or Mandamus Review of § 1927 Sanctions — Mandamus Inapt If Direct Review Available Later — Sanctioning Plaintiff in Civil Rights Action Is Extreme — Good Quotes

Howe v. City of Akron, 2014 U.S. App. LEXIS 2300 (6th Cir. Feb. 4, 2014): Plaintiffs appeal an order sanctioning them, pursuant to 28 U.S.C. § 1927, for abuse of the discovery process. An earlier trial resulted in a verdict…

Forum Selection Clause — Federal Law Determines Enforceability of Clause, While Law Recited in Choice of Law Clause Determines Interpretation of Clause — Circuit Split

Martinez v. Bloomberg LP, 740 F.3d 211 (2d Cir. 2014): Plaintiff-Appellant Brian Anthony Martinez ("Martinez") appeals from a judgment of the United States District Court for the Southern District of New York (Furman, J.), dismissing his complaint for improper venue…

Supreme Court — SLUSA Does Not Extend Federal Jurisdiction to Class Actions Concerning Uncovered Securities That Investors Were Promised Would Be Invested in Covered Securities — Actual or Attempted Ownership Interest in Covered Securities Essential

Chadbourne & Parke, LLP v. Troice, 2014 U.S. LEXIS 1644 (U.S. Feb. 26, 2014): The Securities Litigation Uniform Standards Act of 1998 (which we shall refer to as the "Litigation Act") forbids the bringing of large securities class actions based …

Rule 37 Sanctions — Fifth Circuit Standards for Dismissal or Default — Denial of Permission to Proceed In Forma Pauperis as Sanction for Repeated Frivolous Appeals

Sandres v. State of La. Div’n of Admin., 2013 U.S. App. LEXIS 25814 (5th Cir. Dec. 30, 2013): Under our precedent, several "Conner factors" must be present before a district court may dismiss an action under Rule 37: (1) the…

Website Evidence — Basic Authentication

Estate of Konell v. Allied Prop. & Cas. Ins. Co., 2014 U.S. Dist. LEXIS 10183 (D. Or. Jan. 28, 2014): As one of its trial exhibits, plaintiffs has offered Exhibit 44 which is an 11-page Power Point presentation. The first…

The Judicial Admission Exception to the Statute of Frauds — Sufficient for Party to Admit Essential Facts, Not Necessarily the Conclusion That a Contract Exists

Packgen v. BP Exploration & Prod. Co., 957 F. Supp. 2d 58 (D. Me. 2013): 2. The Judicial Admission Exception The statute of frauds contains a "judicial admission" exception that applies: If the party against whom enforcement is sought admits…

Commercial Litigation and Arbitration

Duplicative § 1782 Application Filed in Second District Court Properly Dismissed — Under FRCP, Parent Corporation or Subsidiary May Be Order to Produce Documents Held by the Other

Rule 11 Sanctions Limited to What Suffices to Deter Repetition by Offender and Others (Good Quote) — Eleventh Circuit Factors to Be Considered in Determining an Appropriate Sanction

RICO — Injury Requirement Restricts Broad Reading — “Natural and Foreseeable Consequence” Does Not Satisfy “Substantial Factor” Causation Test of RICO — Raising Argument Initially in Reply Brief on Appeal Waives It

Facebook Authentication — Kansas Adopts More Liberal Circumstantial Evidence Approach (Parker, Not Griffin)

Sanctions — Appealability — Cunningham Bars Interlocutory Appeal or Mandamus Review of § 1927 Sanctions — Mandamus Inapt If Direct Review Available Later — Sanctioning Plaintiff in Civil Rights Action Is Extreme — Good Quotes

Forum Selection Clause — Federal Law Determines Enforceability of Clause, While Law Recited in Choice of Law Clause Determines Interpretation of Clause — Circuit Split

Supreme Court — SLUSA Does Not Extend Federal Jurisdiction to Class Actions Concerning Uncovered Securities That Investors Were Promised Would Be Invested in Covered Securities — Actual or Attempted Ownership Interest in Covered Securities Essential

Rule 37 Sanctions — Fifth Circuit Standards for Dismissal or Default — Denial of Permission to Proceed In Forma Pauperis as Sanction for Repeated Frivolous Appeals

Website Evidence — Basic Authentication

The Judicial Admission Exception to the Statute of Frauds — Sufficient for Party to Admit Essential Facts, Not Necessarily the Conclusion That a Contract Exists

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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