Joseph Hage Aaronson

Commercial Litigation and Arbitration

Removal: Is Denial of Request for Admission That Claim Doesn’t Exceed $75,000 Sufficient to Establish Amount in Controversy? — Case Law Split — Settlement Offer Over $75K Can Be “Other Paper” Supporting Removal

Streicher v. Sam's East, Inc., 2019 U.S. Dist. LEXIS 34052 (S.D. Ga. Mar. 4, 2019): Before the Court is Plaintiffs' Motion to Remand to State Court. (Doc. 4.) For the following reasons, the Court concludes that Defendant's removal was timely…

Appeals: Party with Prejudgment Certification to Appeal Must File Petition in 10 Days — District Court Can’t Reenter or Recertify to Restart Clock — 10-Day Period Is Set in Statute, Is Jurisdictional, Not Claims-Processing

Groves v. United States, 2019 U.S. App. LEXIS 31974 ((7th Cir. Oct. 25, 2019): When a district court certifies an order for review before final judgment, parties have only ten days to petition us to hear the interlocutory appeal. Decades …

FRAP 38 Sanctions for Not Substantively Addressing District Court’s Reasoning — Vexatious Litigant Injunction on Appeal Per Inherent Power & All Writs Act — Good Quote on Pro Se Status Not Insulating Party from Clogging Courts with Meritless Case

Henneberger v. Ticom Geomatics, Inc., 2019 WL 5688237 (5th Cir. Nov. 1, 2019) (unpublished):*1 Pending before the court is a motion to dismiss this appeal as frivolous, award the moving defendants-appellees1 costs in the amount of their attorney …

Disqualification of Experts (2-Part Test) vs. Lawyers (2 Scenarios) — Courts Presume That Lawyers, But Not Experts, Received Confidential Information — Judicial Docs Presumptively Public Even If Not Relied on

Homeward Residential, Inc., Solely in Its Capacity As Master Servicer for the Option One Mortg. Loan Trust 2006-2 ex rel. Tr. & the Holders of Option One Mortg. Loan Trust 2006-2 Certificates, 2019 U.S. Dist. LEXIS 189285 (S.D.N.Y. Oct. 31,…

Bankruptcy Courts Have Power to Issue at Least Relatively Minor, Non-Compensatory Inherent Power Sanctions — Power Derived Not from Art. III But from Nature of Federal Judicial Institutions — Appeals Court Must Assess Jurisdiction of Lower Courts

Rosellini v. United States Bankr. Ct. (In re Sanchez), 2019 U.S. App. LEXIS 32462 (2d Cir. Oct. 30, 2019): Per Curiam. In September 2013, Appellant Kenneth Rosellini filed a Chapter 7 petition in the United States Bankruptcy Court for the…

Inherent Power Sanctions May Be Imposed on Lawyer for Violation of Court Order (Failure to Appear, Prosecute) Or Other Misconduct Not Undertaken for the Client’s Benefit without a Showing of Bad Faith (2d Cir.)

In re Sanchez (Rosellini v. U.S. Bankruptcy Court), 2019 WL 5596472 (2d Cir. Oct. 30, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court dated May 19, 2017, and…

§1927 Sanctions: Clear & Convincing Evid. Only If Cost of Whole Case Shifted — Persistent Prosecution of Baseless Claim Enough — Can’t Rely on Client If “Glaring Red Flags” (Many Good Quotes)

Morrison v. Walker, 2019 WL 4782749 (5th Cir. Oct. 1, 2019): *1 Litigation abuse is nothing new. Since 1813, when James Madison was president, a one-sentence federal statute has authorized monetary sanctions against attorneys who misuse the litigation process.1…

Advocate-Witness Rule (3.7) — Lawyer in Bad Faith Insurance Action Who Represented Plaintiff in Underlying Suit = Necessary Witness & Disqualified — Not All Participation in Bad Faith Suit Barred

Timlick v. Liberty Mut. Ins. Co., 2019 U.S. Dist. LEXIS 174208 (D. Mont. Oct. 7, 2019): Defendants Liberty Mutual Insurance Company and Safeco Insurance Company of Illinois have filed a motion to disqualify Plaintiff Jay Timlick's counsel, Gary Crowe, pursuant…

Wayback Machine — Judicial Notice OK— Even If Not, Court Could Consider Internet Archive Corporate Witness’s Affidavits Authenticating the Technology from Other Cases Pursuant to Rule 104(a)

Pohl v. Mh Sub I, 2019 U.S. Dist. LEXIS 182695 (N.D. Fla. Oct. 23, 2019): ORDER ON MOTIONS IN LIMINE AND SANCTIONS This Court has considered, without hearing, parties' various motions. For the reasons stated below, Plaintiff's Motion in Limine,…

Arbitration: Evident Partiality—Arbitrator Must Disclose Ownership Interest in Administering Entity & Whether Either Party Has Had Prior Non-Trivial Business Dealings — When Party Has Constructive Knowledge of Evident Partiality

Monster Energy Co. v. City Bevs., LLC, 2019 U.S. App. LEXIS 31388 (9th Cir. Oct. 22, 2019): City Beverages, LLC, doing business as Olympic Eagle Distributing [*4] (Olympic Eagle), and Monster Energy Co. (Monster) signed an agreement providing exclusive distribution…

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Recent Articles

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Commercial Litigation and Arbitration