Joseph Hage Aaronson

May State Gov’t Assert Attorney-Client Privilege against Fed. Grand Jury Subpoena? — Circuit Split — 1st Cir. Says Yes; Maybe Not If State Official Subject of Criminal Inquiry — Appellate Jurisdiction: Advisory vs. Traditional Mandamus

In re Grand Jury Subpoena, 2018 U.S. App. LEXIS 32961 (1st Cir. Nov. 21, 2018): Rhode Island Department of Labor and Training ("Department") petitions us for a writ of advisory mandamus to answer the following question: May a state…

Federal Jurisdiction—Class Actions: No Ancillary Jurisdiction over Fee Dispute Where Court Lacks Control over Funds (Distributed) & Dispute Has No Impact on Timing Or Substance of Relief in Underlying Action

In re Cmty. Bank, 2018 U.S. App. LEXIS 35841 (3d Cir. Dec. 20, 2018)): R. Bruce Carlson was co-lead counsel representing the plaintiffs in In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, MDL No. 1674 ("In …

Rule 11 Sanctions: Failure to Heed Dismissal of Case for Lack of Diversity, and Refiling in New District with Additional Defendant, Is Frivolous — Even If New Def. Is the Real-Party-in-Interest, Every Party’s Citizenship Counts

Zausa v. Zausa, 2018 WL 5734265 (7th Cir. Nov. 1, 2018): *1 Attorney Maurice James Salem believes that if he files a lawsuit in an Illinois federal district court, which dismisses the case for lack of federal subject-matter jurisdiction, he …

Texts/Hearsay — Adoptive Admissions (Factors) — Unique Nature of Texts (“Truncated, Raw & Immediate”) — Deflection vs. Acquiescence — Jury Must Be Instructed It Can’t Consider the Statements Unless It Finds Adoptive Admission Factors Satisfied

State v. Hill, 2018 Wash. App. LEXIS 2837 (Wash. Ct. App. Dec. 17, 2018): An out-of-court statement is not hearsay if the party has manifested an adoption or belief in its truth." ER 801(d)(2)(ii). A jury convicted Frederick …

RICO: Loss of Unvested Work Comp Benefits ≠ Injury to Business or Property — In California, That Right Is Wholly Statutory and Not Vested until Reduced to Final Judgment

Black v. Corvel Enter. Comp, 2018 U.S. App. LEXIS 35309 (9th Cir. Dec. 17, 2018) (unpublished): The district court dismissed Appellants' claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962, and 42 U.S.C. § 1983…

Sanctions: “Dismissal Must Be a Sanction of Last, Not First, Resort” (Good Quote) — Disregard of Scheduling Order, Even with Warning, Not Enough without Consideration of Lesser Sanctions and Other (3d Circuit) Factors

Rawls v. Gibbs, 741 Fed. Appx. 108, 2018 U.S. App. LEXIS 31014, 2018 WL 5734259 (3d Cir. Nov. 1, 2018): (unpublished): OPINION* PER CURIAM Pro se appellant Sameech Rawls appeals the District Court's dismissal of his complaint for…

Summary Judgment: Evidentiary Issues Reviewed for Abuse of Discretion — Unsigned Dep. OK on SJ If No Inaccuracies Shown — Affidavit from Undisclosed Person Harmless Where Others Disclosed to Say Same Thing & No Deps Taken

PNC Equipment Finance v. Mariani, 2018 WL 6584123 (6th Cir. Dec. 13, 2018): Harry Carr (“Carr”) appeals the decision of the district court to grant the Motion for Summary Judgment (“Motion”) filed by Plaintiff PNC Equipment Finance, LLC (“PNCEF”) and…

Inherent Power & 41(b) Sanctions: Dismissal with Prejudice upon Disregard of An Order Generally OK If Party Forewarned — Finding Lesser Sanctions Wouldn’t Suffice May Be Implicit

Novero v. Duke Energy, 2018 WL 5013823 (11th Cir. Oct. 16, 2018): PER CURIAM: In this employment action, Plaintiff Primo C. Novero appeals the district court’s dismissal of his Complaint for failure to comply with Federal Rules of Civil Procedure …

Facebook Posts, Photos Authenticated by Messages betw Defendant (D) & Known Assocs, Contents of Posts, Witness Testimony That He Set Meetings with D by FB and D Came, Selfies, Birthday Message Posted on D’s Birthday, No Evidence Anything Planted

People v. Delgado, 2018 Cal. App. Unpub. LEXIS 8357 (Cal. Ct. App. Dec. 11, 2018): I. Introduction Defendant Alejandro Ernesto Hernandez-Delgado appeals after a jury convicted him of first degree murder (Pen. Code, 187, subd. (a))[1] and …

§1927 Sanctions Unreviewable, Even Though Notice of Appeal Stated That Review of §1927 Award Was Its Purpose, Where Appeal Filed in Name of Client and Counsel Was Not Named as Appellant

King v. Burr, 2018 U.S. App. LEXIS 34702 (3d Cir. Dec. 10, 2018) (unpublished): OPINION* AMBRO, Circuit Judge This is the second appeal filed in this case. See King v. Burr et al., 728 F. App'x 83 …

Commercial Litigation and Arbitration

May State Gov’t Assert Attorney-Client Privilege against Fed. Grand Jury Subpoena? — Circuit Split — 1st Cir. Says Yes; Maybe Not If State Official Subject of Criminal Inquiry — Appellate Jurisdiction: Advisory vs. Traditional Mandamus

Federal Jurisdiction—Class Actions: No Ancillary Jurisdiction over Fee Dispute Where Court Lacks Control over Funds (Distributed) & Dispute Has No Impact on Timing Or Substance of Relief in Underlying Action

Rule 11 Sanctions: Failure to Heed Dismissal of Case for Lack of Diversity, and Refiling in New District with Additional Defendant, Is Frivolous — Even If New Def. Is the Real-Party-in-Interest, Every Party’s Citizenship Counts

Texts/Hearsay — Adoptive Admissions (Factors) — Unique Nature of Texts (“Truncated, Raw & Immediate”) — Deflection vs. Acquiescence — Jury Must Be Instructed It Can’t Consider the Statements Unless It Finds Adoptive Admission Factors Satisfied

RICO: Loss of Unvested Work Comp Benefits ≠ Injury to Business or Property — In California, That Right Is Wholly Statutory and Not Vested until Reduced to Final Judgment

Sanctions: “Dismissal Must Be a Sanction of Last, Not First, Resort” (Good Quote) — Disregard of Scheduling Order, Even with Warning, Not Enough without Consideration of Lesser Sanctions and Other (3d Circuit) Factors

Summary Judgment: Evidentiary Issues Reviewed for Abuse of Discretion — Unsigned Dep. OK on SJ If No Inaccuracies Shown — Affidavit from Undisclosed Person Harmless Where Others Disclosed to Say Same Thing & No Deps Taken

Inherent Power & 41(b) Sanctions: Dismissal with Prejudice upon Disregard of An Order Generally OK If Party Forewarned — Finding Lesser Sanctions Wouldn’t Suffice May Be Implicit

Facebook Posts, Photos Authenticated by Messages betw Defendant (D) & Known Assocs, Contents of Posts, Witness Testimony That He Set Meetings with D by FB and D Came, Selfies, Birthday Message Posted on D’s Birthday, No Evidence Anything Planted

§1927 Sanctions Unreviewable, Even Though Notice of Appeal Stated That Review of §1927 Award Was Its Purpose, Where Appeal Filed in Name of Client and Counsel Was Not Named as Appellant

Recent Articles

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Archives

New York Office