Joseph Hage Aaronson

Commercial Litigation and Arbitration

Even Though There Is No Safe Harbor in § 1927, Court Did Not Abuse Its Discretion in Declining to Sanction Party Who Withdrew One Challenged Claim, and Attempted to Withdraw the Other, Before Opponent Filed Sanctions Motion

Alcantra v. Coyote Valley Band of Pomo Indians, 2020 U.S. App. LEXIS 5829 (9th Cir. Feb. 25, 2020) (unpublished): Defendants appeal the denial of sanctions against Plaintiff Correy Alcantra's counsel under Federal Rule of Civil Procedure 11 and 28 U.S.C. …

Disqualification — Trial Taint—Meaning of Substantially Related —Subst’l Relationship Raises Presumption Confidences Shared — Lack of Recollection Irrelevant — Malleability of Memory — Pre-Indictment Delay in Moving Not Counted in Waiver Ana

United States v. Huawei Techs. Co., 2020 U.S. Dist. LEXIS 32144 (Feb. 25, 2020): On May 2, 2019, the Government moved to disqualify one of the defendants' attorneys, James M. Cole of Sidley Austin LLP. Mr. Cole was Deputy [*2] …

Arbitration Clause Doesn’t Strip Fed. Ct. of Jurisdiction — Meaning of “Pursuant to” — Sanctions: Inherent Power (IHP) to Revoke Pro Hac Vice, R. 11 Improper Purpose for Determined Indifference to Merits, §1927 $ to Adversary & Ct. (IHP?)

Royce v. Michael R. Needle P.C., 2020 U.S. App. LEXIS 5233 (7th Cir. Feb. 20, 2020): This dispute over attorney's fees has a long, tortured history. Not because it is unduly complex or involves novel legal issues, but because one…

Arbitration: Appropriate for Arbitrator to Apply Fed. Ct. Standards for Reconsideration & Arguments Not Timely Raised, Including First Raised on Reply — Doing So ≠ “Misbehavior in Any Sense” (Good Quote)

Anderson v. Am. Gen. Life Ins. Co., 2020 U.S. App. LEXIS 5031 (11th Cir. Feb. 19, 2020) (unpublished): PER CURIAM: William Anderson, a plaintiff proceeding pro se, appeals the district court's denial of his motion to vacate his arbitration award…

Rule 11 Sanctions Rejected for Reciting Correct Standard for Retaliation Claim But Mistakenly Citing Title VII, Not ADA (& Then Correcting Error) — Movant “Essentially Seeks $100,000 for An Inconsequential Typographical Error” (Good Quote)

Alston v. Miss. DOT, 2020 U.S. App. LEXIS 4783 (5th Cir. Feb. 12, 2020) (unpublished): PER CURIAM:* In this pro se employment-discrimination case, Jason D. Alston appeals the district court's grant of summary judgment to the Mississippi Department of…

Disqualification: Motion to Dismiss for Lack of Subject Matter Jurisdiction Is Decided before Motion to Disqualify, Moots DQ Motion If Jurisdiction Lacking

Washington-St. Tammany Elec. Coop., Inc. v. La. Generating, LLC, 2020 U.S. Dist. LEXIS 27177 (M.D. La. Feb. 20, 2020): 1 At oral argument, the Court also heard argument on Louisiana Generating LLC's Motion to Disqualify Counsel for Plaintiffs. (Doc. 203.) …

Sanctions: Dismissal for Shotgun Pleading (Defined), Dismissal Factors (11th Circuit) — Must Give 1 Amendment — Dismissal for Disregarding Order ≠ Abuse of Discretion, Especially If Warned — Pro Se Must Comply with Rules

Sarhan v. Miami Dade College, 2020 WL 428926 (11th Cir. Jan. 28, 2020) (unpublished): PER CURIAM: *1 Robert Sarhan, an adjunct professor at Miami-Dade College, filed several complaints in the underlying case against the College’s Board of Trustees, alleging violations…

Facebook Message Authenticated by Admission of Authorship, Distinctive Characteristics Manifest in Other Writing by Alleged Author (AA), Contents Known Only to AA & Statements Someone in AA’s Position Would Make

State v. Serrano, 2019 N.M. App. Unpub. LEXIS 499 (N.M. Ct. App. Dec. 13, 2019): P1 Defendant Sade Serrano appeals his convictions for two counts of criminal sexual penetration of a minor (CSPM), contrary to NMSA 1978, Section 30-9-11(G)(1) (2009)…

Social Media Authentication: Mycelium & Text Messages Set Time & Place for Meeting, Defendant Comes — Phone GPS App Used Regularly, Found Accurate — Facebook Profiles Found by Search for Phone Nos. Provided by Def. to Victim

Scott v. State, 2020 Nev. App. Unpub. LEXIS 108 (Nev. Ct. App. Feb. 11, 2020) (unpublished): ORDER OF AFFIRMANCE James Scott appeals from a judgment of conviction entered pursuant to a jury verdict of conspiracy to commit robbery, robbery, and…

Sanctions & Post-Judgment Settlement: Parties May Seek to Eliminate Monetary Aspect of Sanction under Rule 60(b)(5) (& Can Moot $ Via Release), But Court May Refuse to Erase Sanctions Ruling — Exceptional Circumstances Standard

Banik v. Ybarra, 2020 U.S. App. LEXIS 4889 (5th Cir. Feb. 13, 2020)(unpublished): Before KING, COSTA, and HO, Circuit Judges. GREGG COSTA, Circuit Judge: * * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should…

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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent 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?

Commercial Litigation and Arbitration