Joseph Hage Aaronson

Reasonable Attorney’s Fees under § 1988 for a Prevailing Party May Be $0 — Inherent Power: While a Case May Be So Meritless as to Evince Bad Faith, Most Cases Require Proof of Subjective Bad Faith (Good Quote)

Martin v. Greisman, 2018 U.S. App. LEXIS 30213 (10th Cir. Oct. 26, 2018): ORDER AND JUDGMENT* Richard Greisman appeals the district court's order granting in part and denying in part his motion for sanctions and its subsequent order…

Texts Authenticated by 803(6) Testimony from Carrier Linking Them to Party’s Number + Contents Tying Them to Party — Admissibility: Incoming Texts Only OK for Context If They Are Offered for Non-Hearsay Purpose

Johnson v. State, 2018 Ga. App. LEXIS 620 (Ga. Ct. App. Oct. 29, 2018): After a jury trial, Darius Johnson was found guilty of armed robbery and hijacking a motor vehicle in connection with the robbery of a pizza…

International Discovery: 28 U.S.C. § 1782 Does Not Apply to Arbitration — “Tribunal” Refers to Government-Affiliated Bodies

In re Servotronics, Inc., 2018 U.S. Dist. LEXIS 189423 (D.S.C. Nov. 6, 2018): This matter is before the court on SERVOTRONICS, INC.'s ("SERVOTRONICS") ex parte application for an order pursuant to 28 U.S.C. § 1782 to take discovery for…

Inherent Power Sanctions: Court Has Inherent Power to Impose Monetary Sanction for Violation of Vexatious Litigant Order — Due Process Satisfied by Court Warning and Warning in Order Itself

Konarski v. City of Tucson, 2018 U.S. App. LEXIS 26459, 2018 WL 4462198 (9th Cir. Sept. 18, 2018) (unpublished): MEMORANDUM* Frank, Gabriela, Patricia, John, and Frank E. Konarski appeal pro se from the district court's order imposing monetary…

Expert Testimony: While Handwriting Analysis ≠ a Science, It Is an Experience-Based Expertise That, If Reliable, May Be Admitted — Videotaped Depositions in Criminal Trials: Admissibility Factors

United States v. Mallory, 2018 U.S. App. LEXIS 24683 (6th Cir. Aug. 30, 2018) (compare the case posted on 6/2/16 rejecting handwriting analysis as a proper subject of expert testimony): A jury convicted Kurt Mallory, Margaret McKnight, and Susan…

Vexatious Litigant Injunctions — 2d Circuit Standards — Injunction Should Not Categorically Bar Suits But Require Prior Court OK — Injunction Shouldn’t Extend Fully to State Court But May, e.g., Require Injunction Order to Be Appended to State Court

Vassel v. Firststorm Props. 2 LLC, 2018 WL 4492442 (2d Cir. Sept. 19, 2018): *1 Paul Anthony Vassel, pro se, sued several individuals and entities in connection with a foreclosure proceeding initiated against him after he allegedly defaulted on a…

Spoliation of Tangible Evidence (Video) — 11th Circuit Factors + Bad Faith Required for Adverse Inference — Concession That Video Might’ve Aided Other Side Negates Prejudice, As Does Fact Court Credited Testimony of Non-Spoliating Party

Alston v. City of Darien, 2018 U.S. App. LEXIS 26621, 2018 WL 4492422 (11th Cir. Sept. 19, 2018) (unpublished): PER CURIAM: After George Alston was arrested for a minor traffic violation, he brought suit under 42 U.S.C. § 1983 …

Discovery Sanctions — Default Judgment — Fourth Circuit Standards: Factors Considered for Default/Dismissal under Inherent Power and Separate Factors under Rule 37(b) — Party’s Failure to Act after Counsel’s Withdrawal = Evidence of Bad Faith

Davis v. United States, 2018 WL 4339710 (4th Cir. Sept. 11, 2018): *1 Larry Austin appeals the magistrate judge’s January 25, 2017, order granting the United States’ motion to compel his compliance with discovery requests, February 15, 2017, order granting …

RICO: Alleged Witness Tampering in State Proceeding ≠ Predicate Act — Normal Communications among Adverse Parties in Litigation ≠ Mail or Wire Fraud

Jaye v. Oak Knoll Vill. Condo. Owners Ass'n, 2018 U.S. App. LEXIS 25943 (3d Cir. Sept. 13, 2018) (unpublished): OPINION* PER CURIAM Chris Ann Jaye, proceeding pro se, appeals from orders of the United States District Court for…

All Litigants, Inlcuding Pro Ses ,Must Comply with Orders or Face Sanctions (Good Quote) — Refusal to Confine Discovery Requests to Facts of Case + Defiance of Orders + Frivolous Interlocutory Appeals Warrant 26(g), 37(b)(2) & Inherent Power Sxs

Vaigasi v. Solow Mgmt. Corp., 2018 U.S. App. LEXIS 26044 (2d Cir. Sept. 14, 2018) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. This…

Commercial Litigation and Arbitration

Reasonable Attorney’s Fees under § 1988 for a Prevailing Party May Be $0 — Inherent Power: While a Case May Be So Meritless as to Evince Bad Faith, Most Cases Require Proof of Subjective Bad Faith (Good Quote)

Texts Authenticated by 803(6) Testimony from Carrier Linking Them to Party’s Number + Contents Tying Them to Party — Admissibility: Incoming Texts Only OK for Context If They Are Offered for Non-Hearsay Purpose

International Discovery: 28 U.S.C. § 1782 Does Not Apply to Arbitration — “Tribunal” Refers to Government-Affiliated Bodies

Inherent Power Sanctions: Court Has Inherent Power to Impose Monetary Sanction for Violation of Vexatious Litigant Order — Due Process Satisfied by Court Warning and Warning in Order Itself

Expert Testimony: While Handwriting Analysis ≠ a Science, It Is an Experience-Based Expertise That, If Reliable, May Be Admitted — Videotaped Depositions in Criminal Trials: Admissibility Factors

Vexatious Litigant Injunctions — 2d Circuit Standards — Injunction Should Not Categorically Bar Suits But Require Prior Court OK — Injunction Shouldn’t Extend Fully to State Court But May, e.g., Require Injunction Order to Be Appended to State Court

Spoliation of Tangible Evidence (Video) — 11th Circuit Factors + Bad Faith Required for Adverse Inference — Concession That Video Might’ve Aided Other Side Negates Prejudice, As Does Fact Court Credited Testimony of Non-Spoliating Party

Discovery Sanctions — Default Judgment — Fourth Circuit Standards: Factors Considered for Default/Dismissal under Inherent Power and Separate Factors under Rule 37(b) — Party’s Failure to Act after Counsel’s Withdrawal = Evidence of Bad Faith

RICO: Alleged Witness Tampering in State Proceeding ≠ Predicate Act — Normal Communications among Adverse Parties in Litigation ≠ Mail or Wire Fraud

All Litigants, Inlcuding Pro Ses ,Must Comply with Orders or Face Sanctions (Good Quote) — Refusal to Confine Discovery Requests to Facts of Case + Defiance of Orders + Frivolous Interlocutory Appeals Warrant 26(g), 37(b)(2) & Inherent Power Sxs

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

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