Joseph Hage Aaronson

Appeals: If Appellant Seeks to Reinstate Bkcy. Ct. Opinion, Opin. Is Effectively Its Opening Brief, So It Need Not Restate Args in Opin.— Otherwise, It Can’t Raise Args. Not Raised in D.Ct. or BAP — No Inherent Power to Override Stat. — Estoppel OK

In re Reyes-Colon (Popular Auto, Inc. v. Reyes-Colon), 2019 WL 1785039 (1st Cir. April 24, 2019): *1 Edgar Reyes-Colon (“Reyes-Colon”), a licensed plastic surgeon specializing in facial cosmetic surgery, allegedly failed to repay certain debts. In November 2006, one of…

Arbitration: District Courts Have Little Discretion to Refuse Enforcement of Awards under New York Convention, Limited to Article V Grounds (Good Quotes) — Court Defers to Arbitration Organization’s Interpretation of Own Rules

Stati v. Republic of Kaz., 2019 U.S. App. LEXIS 11561 (D.C. Cir. April 19, 2019) (unpublished): This appeal was considered on the record from the United States District Court for the District of Columbia, and on the briefs and…

Disqualification — Advocate-Witness Rule (Rule 3.7) Bars Pretrial Work, Too — Doubts Resolved in Favor of Testimony, Not Advocacy — Hardship within Rule Must Be Unforeseeable

Wyndham Vacation Ownership v. Vacation Transfers Unlimited, 2019 U.S. Dist. LEXIS 67189 (M.D. Tenn. April 19, 2019): Pending before the Court is Plaintiffs' motion to disqualify Aubrey Givens and Kristin Fecteau Mosher (Docket Entry No. 24). For the reasons…

Snapchat: Authentication v. Rule of Completeness: If Not Misleading or Relevant, No Need to Offer All Messages to Authenticate Some — Recipient’s Testimony Sender Was “Friend” Who Gave Her His Username + Content — Photos of Text Fair, Accurate

State v. Mrza, 302 Neb. 931 (2019): I. INTRODUCTION [*934] Sami S. Mrza appeals his jury conviction and sentencing for first degree sexual assault. Although he assigns multiple errors, we focus on two issues: the authentication requirement for "Snapchat" …

R. 11 & Inherent Power Sanctions: Relitigating Issues without Offering New Facts Unnec’y to Preserve Review, Is Sanctionable — But Not Raising Issue Undecided by S. Ct. or Courts in Cir., Or Identifying Adverse Case & Seeking Different Result

Carmax Auto Superstores v. Sibley, 2019 U.S. App. LEXIS 11504 (4th Cir. April 19, 2019) (unpublished): PER CURIAM: Montgomery B. Sibley appeals the district court's orders granting CarMax Auto Superstores, Inc.'s ("CarMax") petition to confirm an arbitration award, denying…

Party Can Agree to Court’s Jurisdiction to Compel Arbitration without Waiving Personal Jd Defense Otherwise — Intent of Parties to Contract Controls Whether Non-Signatory (Subrogee) Can Compel — Court Decides If 3d Party Can Compel v. Arbitrability

Halliburton Energy Servs. v. Ironshore Specialty Ins. Co., 2019 U.S. App. LEXIS 11255 (5th Cir. April 17, 2019): An oil rig caught fire and exploded in Ohio. Statoil USA Onshore Properties operated the rig, Halliburton Energy Services fracked at…

Rule 11 Sanctions Appropriate for Frivolous Notice of Removal — No Safe Harbor If Sanctions Imposed Sua Sponte

Wong v. Kracksmith, Inc., 2019 U.S. App. LEXIS 8157 (9th Cir. Mar. 19, 2019) (unpublished): MEMORANDUM* Appellants Kracksmith, Inc., and William Stocker, its attorney in this action, appeal from the district court's order remanding plaintiff's action to California…

Daubert/Experts: Focus = Helpfulness & Threshold Low (Relevance) — Judge Not to Supplant Jury, Rejection of Testimony Is Exception, Not Rule (Good Quotes) — Manifest Error Standard in Reviewing Expert Evidence Rulings — R. 50(b)=Anti-Ambush

Puga v. RCX Sols., Inc., 2019 U.S. App. LEXIS 11229 (5th Cir. April 17, 2019): IT IS ORDERED that the pending joint motion for clarification of this court's opinion is GRANTED and our prior panel opinion, Puga v. RCX …

R. 37(c) Sanctions: Damages Evidence Excluded, Resulting in Dismissal of Claim, for Failure to Disclose Pursuant to Rule 26(a) — 9th Cir. Factors When Exclusion = Dismissal — Weighing Choice of Law Factors under Restatement 2d §188

Ingenco Holdings, LLC v. ACE Am. Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir. April 15, 2019): Appellants operate a gas purification plant in King County, Washington. In 2010, metal brackets securing a crucial component broke, resulting in …

Rule 404(b): Use of Other Bad Acts Evidence Has Always Been Problematic (Good Quote) — Lack of Accident Evidence OK Only If State Has Reliable Assurance Accident Defense Will Be Raised (Here, Statements to Media, Police), Or Already Has Been

Fairbanks v. State, 119 N.E.3d 564 (Ind. Mar. 27, 2019): 1]In criminal cases, Indiana Evidence Rule 404(b)’s purpose is to prevent the jury from indulging in the “forbidden inference”—that a defendant must be guilty of the charged crime…

Commercial Litigation and Arbitration

Appeals: If Appellant Seeks to Reinstate Bkcy. Ct. Opinion, Opin. Is Effectively Its Opening Brief, So It Need Not Restate Args in Opin.— Otherwise, It Can’t Raise Args. Not Raised in D.Ct. or BAP — No Inherent Power to Override Stat. — Estoppel OK

Arbitration: District Courts Have Little Discretion to Refuse Enforcement of Awards under New York Convention, Limited to Article V Grounds (Good Quotes) — Court Defers to Arbitration Organization’s Interpretation of Own Rules

Disqualification — Advocate-Witness Rule (Rule 3.7) Bars Pretrial Work, Too — Doubts Resolved in Favor of Testimony, Not Advocacy — Hardship within Rule Must Be Unforeseeable

Snapchat: Authentication v. Rule of Completeness: If Not Misleading or Relevant, No Need to Offer All Messages to Authenticate Some — Recipient’s Testimony Sender Was “Friend” Who Gave Her His Username + Content — Photos of Text Fair, Accurate

R. 11 & Inherent Power Sanctions: Relitigating Issues without Offering New Facts Unnec’y to Preserve Review, Is Sanctionable — But Not Raising Issue Undecided by S. Ct. or Courts in Cir., Or Identifying Adverse Case & Seeking Different Result

Party Can Agree to Court’s Jurisdiction to Compel Arbitration without Waiving Personal Jd Defense Otherwise — Intent of Parties to Contract Controls Whether Non-Signatory (Subrogee) Can Compel — Court Decides If 3d Party Can Compel v. Arbitrability

Rule 11 Sanctions Appropriate for Frivolous Notice of Removal — No Safe Harbor If Sanctions Imposed Sua Sponte

Daubert/Experts: Focus = Helpfulness & Threshold Low (Relevance) — Judge Not to Supplant Jury, Rejection of Testimony Is Exception, Not Rule (Good Quotes) — Manifest Error Standard in Reviewing Expert Evidence Rulings — R. 50(b)=Anti-Ambush

R. 37(c) Sanctions: Damages Evidence Excluded, Resulting in Dismissal of Claim, for Failure to Disclose Pursuant to Rule 26(a) — 9th Cir. Factors When Exclusion = Dismissal — Weighing Choice of Law Factors under Restatement 2d §188

Rule 404(b): Use of Other Bad Acts Evidence Has Always Been Problematic (Good Quote) — Lack of Accident Evidence OK Only If State Has Reliable Assurance Accident Defense Will Be Raised (Here, Statements to Media, Police), Or Already Has Been

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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