Joseph Hage Aaronson

Judicial Notice May Be Taken of Undisputed Information on Government Websites, Including Court Proceedings — Doing So Does Not Convert 12(b)(6) Dismissal Motion into Summary Judgment Motion

Vice v. Coffee, 2019 U.S. Dist. LEXIS 1008, 2019 WL 97025 (E.D. Ky. Jan. 3, 2019): Defendants James Botts, Rodney Coffee, Barry Thacker, and Kenneth Scarberry have filed motions to dismiss the complaint filed by plaintiff Phillip Gene Vice.…

Pro Se Pleadings from Lawyers Not Liberally Construed — No Rule 38 Sanctions Absent Separate Motion — “Just Damages” Include Fees, Which Need Not Be Itemized — Court May Award Fixed Amount as Penalty [Goodyear v. Haeger?]

Lipin v. Wisehart, 2019 U.S. App. LEXIS 1534 (10th Cir. Jan. 7, 2019) (unpublished): ORDER AND JUDGMENT* These consolidated appeals arise from a dispute over the ownership of real property in Delta County, Colorado (Property). Appellant Joan C. …

RICO Proximate Cause/Injury Satisfied by Cost of Defending Sham Filing, Lost Sales Due to False Claims — Harm to Bus. Reputation? (State Law vs. Intangible) — >1 Can Be Directly Injured — Need Factual Allegations of Injury — RJR Issue Noted

Harmoni Int’l Spice, Inc. v. Hume, 2019 WL 286923 (9th Cir. Jan. 23, 2019): The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 …

Unless D.Ct. Conclusively Precludes Proof of Required Element of Claim, Order Unappealable — Striking Preferred Damages Approach, Making Case Unprofitable Not Enough — Sanctions & Attorney’s Fees Rulings Almost Always Interlocutory

Princeton Digital Image Corp. v. Office Depot Inc., 2019 WL 272836 (Fed. Cir. Jan. 22, 2019): *1 The parties appeal and cross appeal from various rulings by the U.S. District Court for the District of Delaware in a patent and…

Class Actions: American Pipe Doesn’t Protect Named Plaintiffs or Their Entities — No Tolling Where It “Would Result in an Abuse of Am. Pipe ”— Circuit Reviews D.Ct. Application of Own Rules for Abuse of Discretion

Weitzner v. Sanofi Pasteur Inc., 2018 WL 6175580 (3d Cir. Nov. 27, 2018): *1 Plaintiffs Dr. Ari Weitzner and his professional corporation, Ari Weitzner M.D. P.C., challenge the District Court’s conclusion on summary judgment that their claims under the Telephone…

Even Though Recipient Couldn’t Remember Context of Each Text, All Authenticated by Her Testimony She Often Texted with Sender, That Texts Were to/from His No., & by Contents — Hearsay: Sender’s Texts = Admissions; Recipient’s OK for Context

State v. Williams, 2018 Ohio App. LEXIS 4914 (Ohio Ct. App. Nov. 15, 2018): [*P1] [**P1] Defendant-appellant, Reginald D. Williams, appeals from his convictions following a jury trial. He raises the following assignments of error for review: 1. The …

§1927 Sanctions for Refiling Twice-Dismissed Claims, Ignoring Discovery Orders, Initiating Similar Proceedings in State and Bankruptcy Courts [Extrajudicial Misconduct] & Filing Meritless Motions & Appeals

Eruchalu v. United States Bank, 2019 WL 244850 (9th Cir. Jan. 17, 2019) (unpublished): MEMORANDUM* *1 In these consolidated appeals, Godson Eruchalu appeals pro se from the district court’s order granting defendant First Option Mortgage’s amended motion for attorney’s…

Court Has “Broad Fact-Finding Powers with Respect to Sanctions & Its Findings Warrant Great Deference” / Inh. Power “Sanctions Should Be Reserved for The Rare & Exceptional Case” (Good Quotes)

Johnson v. Johnson (In re Johnson), 2019 U.S. App. LEXIS 537 (9th Cir. Jan. 9, 2019): MEMORANDUM* Defendants-Appellants appeal the district court's affirmance of the bankruptcy court's denial of their motion for attorneys' fees. We affirm. 1.…

The Line Between Lay/Expert Opinion Depends on Basis, Not Subject Matter, of Testimony (Good Quote) — Where Jury Not Instructed as to How to Assess Specific Testimony, Real Possibility of Jury Confusion Requires Reversal

United States v. Sarkissian, 2018 U.S. App. LEXIS 31710 (9th Cir. Nov. 8, 2018) (unpublished): MEMORANDUM* Karen ("Gary") Sarkissian appeals from the judgment of conviction sentencing him to 57 months of imprisonment after a jury found him guilty …

Rule 26(g) Sanctions Are Mandatory and “Particularly Appropriate when an Attorney Submits a Forged Discovery Document” — “Erroneous Assessment of the Evidence” = Abuse of Discretion

SPV-LS, LLC v. TransAm. Life Ins. Co., 2019 WL 124211 (8th Cir. Jan. 8, 2019): *1 The Estate of Nancy Bergman (the Estate), through its personal representative, appeals a district court order denying its motion for reconsideration of an adverse…

Commercial Litigation and Arbitration

Judicial Notice May Be Taken of Undisputed Information on Government Websites, Including Court Proceedings — Doing So Does Not Convert 12(b)(6) Dismissal Motion into Summary Judgment Motion

Pro Se Pleadings from Lawyers Not Liberally Construed — No Rule 38 Sanctions Absent Separate Motion — “Just Damages” Include Fees, Which Need Not Be Itemized — Court May Award Fixed Amount as Penalty [Goodyear v. Haeger?]

RICO Proximate Cause/Injury Satisfied by Cost of Defending Sham Filing, Lost Sales Due to False Claims — Harm to Bus. Reputation? (State Law vs. Intangible) — >1 Can Be Directly Injured — Need Factual Allegations of Injury — RJR Issue Noted

Unless D.Ct. Conclusively Precludes Proof of Required Element of Claim, Order Unappealable — Striking Preferred Damages Approach, Making Case Unprofitable Not Enough — Sanctions & Attorney’s Fees Rulings Almost Always Interlocutory

Class Actions: American Pipe Doesn’t Protect Named Plaintiffs or Their Entities — No Tolling Where It “Would Result in an Abuse of Am. Pipe ”— Circuit Reviews D.Ct. Application of Own Rules for Abuse of Discretion

Even Though Recipient Couldn’t Remember Context of Each Text, All Authenticated by Her Testimony She Often Texted with Sender, That Texts Were to/from His No., & by Contents — Hearsay: Sender’s Texts = Admissions; Recipient’s OK for Context

§1927 Sanctions for Refiling Twice-Dismissed Claims, Ignoring Discovery Orders, Initiating Similar Proceedings in State and Bankruptcy Courts [Extrajudicial Misconduct] & Filing Meritless Motions & Appeals

Court Has “Broad Fact-Finding Powers with Respect to Sanctions & Its Findings Warrant Great Deference” / Inh. Power “Sanctions Should Be Reserved for The Rare & Exceptional Case” (Good Quotes)

The Line Between Lay/Expert Opinion Depends on Basis, Not Subject Matter, of Testimony (Good Quote) — Where Jury Not Instructed as to How to Assess Specific Testimony, Real Possibility of Jury Confusion Requires Reversal

Rule 26(g) Sanctions Are Mandatory and “Particularly Appropriate when an Attorney Submits a Forged Discovery Document” — “Erroneous Assessment of the Evidence” = Abuse of Discretion

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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