Joseph Hage Aaronson

Notice of Appeal from Judgment Encompasses All Prior Rulings and Orders Where Appellant Does Not Designate Specific Determinations Only — Reference to One Order Does Not Preclude Appeal from Others

From Bentkowski v. Scene Magazine, 2011 U.S. App. LEXIS 7912 (6th Cir. April 19, 2011): Bentkowski claims that the district court abused its discretion by denying his motion for an extension of time to conduct discovery and by striking his…

Sua Sponte Sanctions Under Rule 11 May Not Include an Award of Attorneys’ Fees to Opposing Counsel — Notice of Potential Rule 11 Sanctions ≠ Due Process Notice of Potential Inherent Power Sanctions

From Wright v. CompGeeks.com, 2011 U.S. App. LEXIS 9133 (10th Cir. May 4, 2011): “The relevant section of Rule 11 states that a ‘sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on…

Internet Evidence — Newspaper Articles Taken from Internet Sufficiently Authenticated by Distinctive Newspaper and Website Designs, Dates of Publication, Page Numbers, and Web Addresses

From Ciampi v. City of Palo Alto, 2011 U.S. Dist. LEXIS 50245 (N.D. Cal. May 11, 2011): ***Plaintiff has submitted a number of newspaper articles in support of his defamation claim…. Defendants object to these articles on grounds of relevance,…

Remittitur in Diversity Action is Governed by State Law — Expert with Training but No Practical Experience Still Qualified to Opine

From Mississippi Phosphates Corp. v. Analytic Stress Relieving, Inc., 402 Fed. Appx. 866 (5th Cir. 2010): A. Remittitur *** We review a denial of new trial or remittitur for abuse of discretion. Foradori v. Harris, 523 F.3d 477, 497-98 (2008).…

Primary Jurisdiction — Limited to Cases of First Impression or “Particularly Complicated” Issue Committed by Congress to Agency — Not Designed for Court to Obtain Agency’s “Expert Advice”

From Robinson v. Midland Funding, LLC, 2011 U.S. Dist. LEXIS 40107 (April 13, 2011): The primary jurisdiction doctrine is applicable only if a claim “requires resolution of an issue of first impression, or of a particularly complicated issue that Congress…

Alien Tort Statute (ATS / ATCA) Confers Jurisdiction for Torts Committed Both Inside and Outside of the United States — Case Law Split as to Torts Committed Inside U.S.

From Magnifico v. Villanueva, 2011 U.S. Dist. LEXIS 45509 (S.D. Fla. April 20, 2011): Plaintiffs, citizens of the Philippines, seek damages from the defendants based on allegations of forced labor and human trafficking in addition to violations of both federal…

Failure to File 60(b) Motion within 28 Days of Judgment to Toll Date for Filing Notice of Appeal Precludes Appellate Jurisdiction — Discovery Sanctions Motions Are Inextricably Intertwined with Merits and Toll Time to Appeal from Judgment

From Johnson v. Univ. of Rochester Med. Ctr., 2011 U.S. App. LEXIS 7980 (2d Cir. April 19, 2011): This Court lacks appellate jurisdiction over Johnson’s appeal from the district court’s February 19, 2010 judgment and order dismissing his complaint and…

Defendant Who Unsuccessfully Moves to Dismiss on Personal Jurisdiction Grounds, Then Withdraws from Litigation, Cannot Appeal Ensuing Default Judgment on Personal Jurisdiction Grounds

From City of N.Y. v. Mickalis Pawn Shop, LLC, 2011 U.S. App. LEXIS 9104 (2d Cir. May 4, 2011): These appeals present what appear to be two issues of first impression in this Circuit. First, whether a defendant who repeatedly…

When Treating Physician Must Issue 26(a)(2)(B) Expert Report — Opinions Not Formed in the Course of Treatment and Based on Additional Materials — First Impression Decision Not Applied Retroactively

From Goodman v. Staples, the Office Superstore, LLC, 2011 U.S. App. LEXIS 8979 (9th Cir. May 3, 2011): Federal Rule of Civil Procedure 26(a)(2) requires a party to timely disclose a written report of a witness “if the witness is…

A 403 Ruling Will Be Overturned on Appeal Only in Extraordinary Circumstances — Evidence that Trademark Plaintiff Had Previously Sued Defendant Did Not Unfairly Depict Defendant as Recidivist

From PBM Prods., LLC v. Mead Johnson & Co., 2011 U.S. App. LEXIS 8084 (4th Cir. April 20, 2011): Mead Johnson … contends that the district court erred in admitting evidence of the 2001 and 2002 Lanham Act lawsuits filed…

Commercial Litigation and Arbitration

Notice of Appeal from Judgment Encompasses All Prior Rulings and Orders Where Appellant Does Not Designate Specific Determinations Only — Reference to One Order Does Not Preclude Appeal from Others

Sua Sponte Sanctions Under Rule 11 May Not Include an Award of Attorneys’ Fees to Opposing Counsel — Notice of Potential Rule 11 Sanctions ≠ Due Process Notice of Potential Inherent Power Sanctions

Internet Evidence — Newspaper Articles Taken from Internet Sufficiently Authenticated by Distinctive Newspaper and Website Designs, Dates of Publication, Page Numbers, and Web Addresses

Remittitur in Diversity Action is Governed by State Law — Expert with Training but No Practical Experience Still Qualified to Opine

Primary Jurisdiction — Limited to Cases of First Impression or “Particularly Complicated” Issue Committed by Congress to Agency — Not Designed for Court to Obtain Agency’s “Expert Advice”

Alien Tort Statute (ATS / ATCA) Confers Jurisdiction for Torts Committed Both Inside and Outside of the United States — Case Law Split as to Torts Committed Inside U.S.

Failure to File 60(b) Motion within 28 Days of Judgment to Toll Date for Filing Notice of Appeal Precludes Appellate Jurisdiction — Discovery Sanctions Motions Are Inextricably Intertwined with Merits and Toll Time to Appeal from Judgment

Defendant Who Unsuccessfully Moves to Dismiss on Personal Jurisdiction Grounds, Then Withdraws from Litigation, Cannot Appeal Ensuing Default Judgment on Personal Jurisdiction Grounds

When Treating Physician Must Issue 26(a)(2)(B) Expert Report — Opinions Not Formed in the Course of Treatment and Based on Additional Materials — First Impression Decision Not Applied Retroactively

A 403 Ruling Will Be Overturned on Appeal Only in Extraordinary Circumstances — Evidence that Trademark Plaintiff Had Previously Sued Defendant Did Not Unfairly Depict Defendant as Recidivist

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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