Joseph Hage Aaronson

Supreme Court: Service by Mail on Foreign State Per FSIA §1608(a)(3) Must Be Mailed to Foreign Minister in Home Country, Not Embassy — Court Lacks Response to One Argument “Other Than … Not … Perfect Draftsmanship” (Good Quote)

Republic of Sudan v. Harrison, 2019 U.S. LEXIS 2293 , 2019 WL 1333259 (U.S. Mar. 26, 2019): This case concerns the requirements applicable to a particular method of serving civil process on a foreign state. Under the Foreign Sovereign …

§1927 Sanctions: Tantamount-to-Bad Faith Standard (11th Cir.) — Inherent Power/1927: Fees May Be Incurred “Because of” Counsel’s Misconduct Even after S/he Withdraws — That Some Evid. May Support a Different Finding Isn’t Clear Error (Good Quot

Eldredge v. EDCare Mgmt., 2019 U.S. App. LEXIS 8076 (11th Cir. Mar. 19, 2019) (unpublished): PER CURIAM: Amlong & Amlong, P.A., a law firm, appeals the district court's imposition of sanctions against it totaling $422,433.30 in attorney's fees and …

Disqualification Should Be Decided before Merits — No Informed Consent Where Waiver Letter Merely States Interests “Are Or May Become Adverse” without Explanation — No Prejudice in Fact from Ethical Breach

Cedar Rapids Bank & Trust Co. v. Mako One Corp., 2019 U.S. App. LEXIS 8507, 2019 WL 1283988 (8th Cir. Mar. 21, 2019): In August 2013, Mako One Corporation ("Mako") acquired the historic Badgerow Jackson Building in downtown Sioux …

Spoliation: Timeliness of Sanctions Motion — 4 Factors for Gauging Whether Delay Should Bar Relief under Rule 37(e) [Or Otherwise] — Eve of Trial Too Late, If Non-Preservation Known Years Earlier, Even If Party Didn’t Realize Prejudice Earlier

Wakefield v. Visalus, Inc., 2019 WL 1411127 (D. Or. Mar. 27, 2019) ( Wakefield v. ViSalus, Inc., 2019 U.S. Dist. LEXIS 48012 (D. Or., Mar. 22, 2019)): *1 Trial is set to begin in this class action lawsuit on…

Even State RICO Stat. Allowing Suit for “Indirect” Injury Doesn’t Permit Shareholder Suit for Harm to Corp. Devaluing Stock — It Is a Derivative Claim — Contempt for Violating Automatic Stay Where Corp. = Debtor

Nicole Gas Production, Ltd. v. Bowers, 2019 WL 850960 (6th Cir. Feb. 22, 2019): *1 This is a bankruptcy contempt dispute. Normally a party’s conduct is contemptuous or it is not. But in this unusual case, whether the defendants are …

Appellate Review: While Ct App Must Pay Some Deference to Trial Judge’s Feel of Case, This Doesn’t Include Deference to Remittitur Based on Observations Jury Also Had Opportunity to Make

Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): [Footnote 6] "[A]n appellate court must pay some deference to a trial judge's 'feel of the case' . . . …

Rule 404(b): Prior Bad Act Evidence Offered to Prove Matters Other Than Characteristic “Has Always Been Problematic for the Courts” — OK to Prove Lack of Accident when Defense Makes It Clear It Will Assert Accident Defense

Fairbanks v. State, 2019 WL 1374382 (Ind. Mar. 27, 2019): 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 because,…

Class Actions — Is There a Necessity Requirement under Rule 23(b)(2)? — Circuit Split — Ascertainability Means Class Members Can Be (Not Have Been) Identified — Even 20 Members Sufficiently Numerous

J.S.X. v. Foxhoven., 2019 U.S. Dist. LEXIS 43064, 2019 WL 1147144 (S.D. Iowa Mar. 13, 2019): Plaintiffs J.S.X., C.P.X., and K.N.X. brought this action on [*3] behalf of a putative class of individuals at the Boys State Training School…

Attorney’s Fee Sanctions for Ex Parte Contact with Absent Putative Class Members (Source of Power?) — No Rule 26(a) Violation Where Their Affidavits Were Filed within a Month or Names Disclosed in Discovery

Weller v. Dollar Gen. Corp., 2019 U.S. Dist. LEXIS 34325, 2019 WL 1045960 (E.D. Pa. Mar. 4, 2019): Plaintiff Christopher Weller has filed a Motion to Strike and for Sanctions (doc. 47) against Defendants Dollar General Corp. and Dolgencorp,…

Judicial Notice of Internet Evidence — Mapping Tools (Google Maps)

United States v. Farley, 2019 U.S. Dist. LEXIS 44169, 2019 WL 1245135 (N.D. Cal. Mar. 18, 2019): Footnote 11. Farley also argues the stop was improper because the tip was about a suspicious driver in a silver Infiniti near…

Commercial Litigation and Arbitration

Supreme Court: Service by Mail on Foreign State Per FSIA §1608(a)(3) Must Be Mailed to Foreign Minister in Home Country, Not Embassy — Court Lacks Response to One Argument “Other Than … Not … Perfect Draftsmanship” (Good Quote)

§1927 Sanctions: Tantamount-to-Bad Faith Standard (11th Cir.) — Inherent Power/1927: Fees May Be Incurred “Because of” Counsel’s Misconduct Even after S/he Withdraws — That Some Evid. May Support a Different Finding Isn’t Clear Error (Good Quot

Disqualification Should Be Decided before Merits — No Informed Consent Where Waiver Letter Merely States Interests “Are Or May Become Adverse” without Explanation — No Prejudice in Fact from Ethical Breach

Spoliation: Timeliness of Sanctions Motion — 4 Factors for Gauging Whether Delay Should Bar Relief under Rule 37(e) [Or Otherwise] — Eve of Trial Too Late, If Non-Preservation Known Years Earlier, Even If Party Didn’t Realize Prejudice Earlier

Even State RICO Stat. Allowing Suit for “Indirect” Injury Doesn’t Permit Shareholder Suit for Harm to Corp. Devaluing Stock — It Is a Derivative Claim — Contempt for Violating Automatic Stay Where Corp. = Debtor

Appellate Review: While Ct App Must Pay Some Deference to Trial Judge’s Feel of Case, This Doesn’t Include Deference to Remittitur Based on Observations Jury Also Had Opportunity to Make

Rule 404(b): Prior Bad Act Evidence Offered to Prove Matters Other Than Characteristic “Has Always Been Problematic for the Courts” — OK to Prove Lack of Accident when Defense Makes It Clear It Will Assert Accident Defense

Class Actions — Is There a Necessity Requirement under Rule 23(b)(2)? — Circuit Split — Ascertainability Means Class Members Can Be (Not Have Been) Identified — Even 20 Members Sufficiently Numerous

Attorney’s Fee Sanctions for Ex Parte Contact with Absent Putative Class Members (Source of Power?) — No Rule 26(a) Violation Where Their Affidavits Were Filed within a Month or Names Disclosed in Discovery

Judicial Notice of Internet Evidence — Mapping Tools (Google Maps)

Recent Articles

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

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