Joseph Hage Aaronson

Inherent Power Sanctions: Inconsistencies in Witness Testimony, Alone, Are Insufficient to Find Bad Faith — Fact Witness Relied on Lawyer to Draft Discovery Responses for Witness’s Approval Not Sanctionable

Strang v. Ga., 2018 U.S. App. LEXIS 36707 (11th Cir. Dec. 31, 2018) (unpublished): PER CURIAM: Kathleen Strang, a former assistant city attorney in Albany, Georgia, brings a complaint under 42 U.S.C. § 1983 claiming that her First Amendment…

Texts: Authentication of Cell Data from Ownership, Admission Participated in Part of Chat — No Need to “Negate All Other Possibilities Inconsistent with Authenticity” — Record As “Muddle of Statements Not Phrased As Objections” (Good Quotes)

Snow v. State, 2019 Tex. App. LEXIS 342 (Tex. Ct. App. Jan. 17, 2019): A jury convicted Cristi Jeanette Snow of two counts of sexual performance of a child under age fourteen. See Tex. Penal Code Ann. § 43.25(b),…

Denial of Rule 11 Sanctions in Case 1 Doesn’t Establish It Was Not “Objectively Baseless” within Noerr-Pennington Sham Exception — Sxs Discretionary—Non Coextensive Factors May Have Been Considered—No Issue Preclusion

Ni-Q, LLC v. Prolacta Bioscience, Inc., 2019 WL 637703 (D. Or. Feb. 14, 2019): *1 In this patent action, the Court previously granted partial summary judgment in favor of Plaintiff Ni-Q, LLC (“Ni-Q”), finding that the asserted claims of the …

Rule 34: Party Must Produce Docs/Data It Has Practical Ability to Get — Not Required to Sue — Non-Producer Can’t Assign Claim to Avoid Duty — Requesting Party Must Prove Practical Ability — Preclusion of Use by Non-Producer

Coventry Capital Us Llc v. EEA Life Settlements, 2019 U.S. Dist. LEXIS 12386 (S.D.N.Y. Jan. 24, 2019): I. Introduction By letter dated June 12, 2018 (Docket Item ("D.I.") 66) ("Coventry's June 12 Ltr."), plaintiff Coventry Capital US LLC ("Coventry")…

Dismissal without Prejudice Doesn’t Make Def. Prevailing Party — Nor Does Defeating Preliminary Injunction — Must Have Judicial Action Changing Parties’ Relationship, Like Winning PI & Causing Opponent to Relent

Live v. Lonestar Logos Mgmt. Co., 2018 U.S. App. LEXIS 32139 (5th Cir. Nov. 13, 2018): This is the first Defend Trade Secrets Act case that has reached our court. 18 U.S.C. § 1836 (effective May 11, 2016). But…

Private Citizen Lacks Judicially Cognizable Interest in Prosecution of Another, Cannot Sue for Punishment or Deportation, Just As S/he Cannot Commence Criminal Action

Valmord v. Acs/Administration Children Servs., 2019 U.S. Dist. LEXIS 20301 (E.D.N.Y. Jan. 30, 2019): Plaintiff Ritchlet W. Valmord brings this pro se action against his former wife, Lila Cesar ("Cesar"), and four other defendants who allegedly helped her obtain…

Does the FSIA Apply, & Limit Jurisdiction, in Criminal Cases? (Circuit Split) — Under Animal Sciences, Decl. of Foreign Law from Counsel Rejected (R. 44.1) — Old Cases=“Era When Jurisdiction Had Too Many Meanings (Good Quote)

In re Grand Jury Subpoena, 2019 WL 125891 (D.C. Cir. Jan. 8, 2019): Per Curiam:*Opinion Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge Williams. *1 With the Foreign Sovereign Immunities Act …

RICO Statute of Limitations — Plaintiffs Must Plead Fraudulent Concealment with Particularity to Establish Equitable Tolling

Evans v. Ariz. Cardinals Football Club, 2019 U.S. App. LEXIS 3706 *; __ Fed. Appx. __; 2019 WL 459857 (9th Cir. Feb. 9, 2019) (unpublished): MEMORANDUM* This case arises from a suit brought by former players and the …

Prejudgment Interest — On Federal Claims, S.D.N.Y. Judges Split on Use of NY vs. Fed. Rate — Here, Fed. Rate Chosen, Even Though State Rate Necessarily Used for State Claims & Plaintiff Actually Earned 11% During Period

Montefiore Med. Ctr. v. Local 272 Welfare Fund, 2019 U.S. Dist. LEXIS 13385 (S.D.N.Y. Jan. 25, 2019) (R&R): REPORT AND RECOMMENDATION SARAH NETBURN, [*2] United States Magistrate Judge. TO THE HONORABLE RONNIE ABRAMS: In 2009, Plaintiff Montefiore …

Rule 41(b) Dismissal Requires Non-Compliance with Court Order “Longer Than Just a Few Months” & “Characterized by Significant Periods of Inactivity” — Merely “Careless, Inconsiderate … Exasperating” Conduct Insufficient

Morgan v. Ams. Ins. Co., 2019 U.S. App. LEXIS 205 (5th Cir. Jan. 4, 2019): Appellant A-Plus Contractors, L.L.C. ("A-Plus") and its owner, Appellant Stacy Morgan ("Morgan"), appeal the district court's dismissal with prejudice of their lawsuit under Federal …

Commercial Litigation and Arbitration

Inherent Power Sanctions: Inconsistencies in Witness Testimony, Alone, Are Insufficient to Find Bad Faith — Fact Witness Relied on Lawyer to Draft Discovery Responses for Witness’s Approval Not Sanctionable

Texts: Authentication of Cell Data from Ownership, Admission Participated in Part of Chat — No Need to “Negate All Other Possibilities Inconsistent with Authenticity” — Record As “Muddle of Statements Not Phrased As Objections” (Good Quotes)

Denial of Rule 11 Sanctions in Case 1 Doesn’t Establish It Was Not “Objectively Baseless” within Noerr-Pennington Sham Exception — Sxs Discretionary—Non Coextensive Factors May Have Been Considered—No Issue Preclusion

Rule 34: Party Must Produce Docs/Data It Has Practical Ability to Get — Not Required to Sue — Non-Producer Can’t Assign Claim to Avoid Duty — Requesting Party Must Prove Practical Ability — Preclusion of Use by Non-Producer

Dismissal without Prejudice Doesn’t Make Def. Prevailing Party — Nor Does Defeating Preliminary Injunction — Must Have Judicial Action Changing Parties’ Relationship, Like Winning PI & Causing Opponent to Relent

Private Citizen Lacks Judicially Cognizable Interest in Prosecution of Another, Cannot Sue for Punishment or Deportation, Just As S/he Cannot Commence Criminal Action

Does the FSIA Apply, & Limit Jurisdiction, in Criminal Cases? (Circuit Split) — Under Animal Sciences, Decl. of Foreign Law from Counsel Rejected (R. 44.1) — Old Cases=“Era When Jurisdiction Had Too Many Meanings (Good Quote)

RICO Statute of Limitations — Plaintiffs Must Plead Fraudulent Concealment with Particularity to Establish Equitable Tolling

Prejudgment Interest — On Federal Claims, S.D.N.Y. Judges Split on Use of NY vs. Fed. Rate — Here, Fed. Rate Chosen, Even Though State Rate Necessarily Used for State Claims & Plaintiff Actually Earned 11% During Period

Rule 41(b) Dismissal Requires Non-Compliance with Court Order “Longer Than Just a Few Months” & “Characterized by Significant Periods of Inactivity” — Merely “Careless, Inconsiderate … Exasperating” Conduct Insufficient

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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