Joseph Hage Aaronson

Rule 11—No Sanctions for “Aggressive Lit. Strategy with Colorable (If Strained) Basis,” “Understandable” “Mix-Up” — “It Is One Thing to Lose … Another to Urge Something [Sufficiently] Ill-Founded” (Good Quotes)

MAO-MSO Recovery II, LLC v. State Farm Mut. Auto. Ins. Co., 2019 U.S. App. LEXIS 24355 (7th Cir. Aug. 15, 2019): When all the dust is cleared away, this case is relatively straightforward: we must review a dismissal for lack…

Inherent Power Sanctions for Violation of Court Order — Orders Must Be Complied with Until Undone — Contempt Option If Party Has No Recourse to Permit Prompt Appeal Because Violation Cannot Be Undone

MacNaughton v. Harmelech, 2019 WL 3451275 (7th Cir. July 31, 2019): *1 The complex background of these consolidated appeals burrows through over a decade of litigation. Russian Media Group sued Ishaihu Harmelech and his company (“Harmelech Defendants”) in 2006. Attorney …

Arbitration — Choice of Law, Like Arb., Clause, Invokable Only by Party with Standing to Enforce Contract — Collection Agent Can’t Enforce Arb Clause between Bank & Customer as 3d Party Beneficiary, Agent or Via Equitable Estoppel

Orn v. Alltran Fin., L.P., 2019 U.S. App. LEXIS 20744 (3d Cir. July 12, 2019) (unpublished): Alltran Financial, a debt collector, appeals the District Court's denial of its motion to compel arbitration of Diane Orn's suit under the Fair Debt …

Facebook Messages Sent from Another’s Account Authenticated by Self-Identification, References to Page Owner in Third Person, and Knowledge of Events Known Only to Recipient and Sender

Graham v. State, 2019 Ind. App. Unpub. LEXIS 898 (Ind. Ct. App. July 15, 2019): P1 Tommy Graham ("Graham") was convicted in Jackson Circuit Court of two counts of Level 4 felony sexual misconduct with a minor and one count …

Facebook Live Video Authenticated Like Any Video — By Witness to Recorded Events or Operator or Maintainer of Equipment Testifying That Video Accurately Represents The Subject Matter Depicted And Has Not Been Tampered With

People v Y.L., 2019 N.Y. Misc. LEXIS 3209 (Sup. Ct. Monroe Cnty. May 17, 2019): This decision supplements the oral decision of the Court rendered on March 21, 2019, in accordance with the Criminal Law of the State of New…

Rule 16(f), 37 Sanctions — Default Judgment — Factors (6th Cir.) — May a Party Appeal a Default Judgment without First Moving to Vacate It under Rule 60(b)? (Circuit Split) — Due Process & Default Judgments—What “Due Process” Meant in 1354

Prime Rate Premium Finance Corporation, Inc. v. Larson, 2019 WL 3024726 (6th Cir. July 11, 2019): *1 After four years of perpetual delays, Prime Rate Premium Finance Corporation obtained a sixth trial date to vindicate its claims that Karen Larson …

Inherent Power (IHP) / R. 37 Discovery Sanctions for False Dep., Hiding Facts: Precluding Claims, Equitable Relief & Defenses, Fees — Factors for IHP/R. 37 Sanctions — and for Reassigning Case to Different Judge on Remand

Beach Mart, Inc. v. L&L Wings, Inc., 2019 U.S. App. LEXIS 23134, 2019 WL 3493900 (4th Cir. Aug. 1, 2019) (unpublished): The heart of the parties' dispute in this case is the ownership status of a trademark, "WINGS," which…

Experts/Daubert: “The Expert Feeling Comfortable, without More, Is Not a Sound Methodology under Daubert” (Good Quote) — “High Threshold” to Exclude Expert for Conflict or Bias — Complete Lack of Bias Not Required

Aigner El Ansari v. Graham, 2019 U.S. Dist. LEXIS 129997 (S.D.N.Y. Aug. 2, 2019): Defendants New York and Presbyterian Hospital ("Hospital") and Bridget Graham move to preclude testimony by Plaintiff Aigner El Ansari's expert, Dr. Yaakov Siegel. Dr. Siegel's report…

§1927 Sanctions — Withdrawal of Frivolous Claims after Causing Fees to Be Incurred No Defense (No Safe Harbor from §1927 Sanctions)

Davis v. Detroit Downtown Dev. Auth., 2019 WL 3543170 (6th Cir. Aug. 5, 2019): *1 As the French proverb goes, “[i]f you’ve a good case, try to compromise; if a bad one, take it into court.” H.L. Mencken, A New…

Rule 11 Safe Harbor — It Is the Burden of the Party against Whom Sanctions Are Sought to Prove Non-Compliance with Safe Harbor, Not the Burden of Movant to Prove Compliance

Darnell v. Arthur, 2019 WL 3451649 (6th Cir. July 31, 2019) (unpublished): Plaintiff appeals the district court’s grant of summary judgment in defendants’ favor on her tortious-interference-with-business-relations and civil-conspiracy claims. Defendants cross appeal the district court’s refusal to impose Rule…

Commercial Litigation and Arbitration

Rule 11—No Sanctions for “Aggressive Lit. Strategy with Colorable (If Strained) Basis,” “Understandable” “Mix-Up” — “It Is One Thing to Lose … Another to Urge Something [Sufficiently] Ill-Founded” (Good Quotes)

Inherent Power Sanctions for Violation of Court Order — Orders Must Be Complied with Until Undone — Contempt Option If Party Has No Recourse to Permit Prompt Appeal Because Violation Cannot Be Undone

Arbitration — Choice of Law, Like Arb., Clause, Invokable Only by Party with Standing to Enforce Contract — Collection Agent Can’t Enforce Arb Clause between Bank & Customer as 3d Party Beneficiary, Agent or Via Equitable Estoppel

Facebook Messages Sent from Another’s Account Authenticated by Self-Identification, References to Page Owner in Third Person, and Knowledge of Events Known Only to Recipient and Sender

Facebook Live Video Authenticated Like Any Video — By Witness to Recorded Events or Operator or Maintainer of Equipment Testifying That Video Accurately Represents The Subject Matter Depicted And Has Not Been Tampered With

Rule 16(f), 37 Sanctions — Default Judgment — Factors (6th Cir.) — May a Party Appeal a Default Judgment without First Moving to Vacate It under Rule 60(b)? (Circuit Split) — Due Process & Default Judgments—What “Due Process” Meant in 1354

Inherent Power (IHP) / R. 37 Discovery Sanctions for False Dep., Hiding Facts: Precluding Claims, Equitable Relief & Defenses, Fees — Factors for IHP/R. 37 Sanctions — and for Reassigning Case to Different Judge on Remand

Experts/Daubert: “The Expert Feeling Comfortable, without More, Is Not a Sound Methodology under Daubert” (Good Quote) — “High Threshold” to Exclude Expert for Conflict or Bias — Complete Lack of Bias Not Required

§1927 Sanctions — Withdrawal of Frivolous Claims after Causing Fees to Be Incurred No Defense (No Safe Harbor from §1927 Sanctions)

Rule 11 Safe Harbor — It Is the Burden of the Party against Whom Sanctions Are Sought to Prove Non-Compliance with Safe Harbor, Not the Burden of Movant to Prove Compliance

Recent Articles

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

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?

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

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