Rule 11 Sanctions Are Generally Reserved for Rare and Exceptional Cases (Good Quote)
- Joseph Hage Aaronson
- September 2, 2020
- Complex Lit Blog
Eurosesmillas, S.A. v. Uttarwar, 2020 U.S. App. LEXIS 25578 (9th Cir. Aug. 10, 2020) (unpublished):
MEMORANDUM*
Bankruptcy: Presumptive Sanction for Breach of § 329(a) (Fee Agreements) Is Loss of All Fees —Not Least Severe Sanction — Rule 11 Inapt — Mitigating Circumstances Must Be Compelling
- Joseph Hage Aaronson
- September 1, 2020
- Complex Lit Blog
SE Prop. Holdings, LLC v. Stewart (In re Stewart), 2020 U.S. App. LEXIS 25882 (10th Cir. Aug. 14, 2020):
Attorney Ruston Welch received $348,404.41 in fees for representing David and Terry Stewart in their Chapter 7 bankruptcy proceedings. This appeal arises out of his failure to disclose his fee a ...
Inherent Power Sanctions for Ethical Rule Violations: Insulting Counsel, Mediator, Court Rptr; Physical Threat — Reprimand As Serious SX — Bad Faith Needed Only for Fees — Due Process: Notice of Type, Severity of Possible SX Critical
- Joseph Hage Aaronson
- May 25, 2020
- Complex Lit Blog
Golden v. Clear Advantage Mktg., 2020 U.S. Dist. LEXIS 88130,2020 WL 2516671 (S.D. Iowa Mar. 30, 2020):
*1 The issues now before the court present a pure credibility dispute, although not concerning the merits of the underlying copyright and trade secrets claims, which have sett ...
Spoliation Sanctions: Preclusion for Failing to Preserve Most Data-Filled Form of ESI — Alt’ve Not Reasonably Usable — Preclusion ¹ Dispositive (MJ) If Other Evid. Exists — 2d Cir. Disc’y Sxs Factors (Pro, Con)—Client Sx’d for Atty Error
- Joseph Hage Aaronson
- May 20, 2020
- Complex Lit Blog
Joint Stock Co. "Channel One Russ. Worldwide" v. Infomir LLC, 2020 U.S. Dist. LEXIS 63099 (S.D.N.Y. Mar. 26, 2020):
Plaintiffs, a group of Russian television broadcasters, commenced this action on February 19, 2016 against various Defendants, [*3] including Infomir LLC ("Infomir& ...
Facebook Authentication: FB Certification of Identity of Page Owner + Circumstantial Evidence Explaining Why S/he’d Defriend 2nd ID’ed FB Subscriber Authenticatse Defriending — Rule 901(a) Test: Could Reasonable Juror Could Find Auth. by Preponderance
- Joseph Hage Aaronson
- May 19, 2020
- Complex Lit Blog
State v. Sample, 2020 WL 2316709 (Md. Ct. App. May 11, 2020):
*1 It is axiomatic that for a trial court to admit evidence, there must be sufficient indicia that the evidence is authentic—i.e., that the evidence “is what its proponent claims.” Md. R. 5-901(a). A party can sufficiently authenticate evidence through “[c]ircumstantial evidence, such as appearance, contents, substance, internal patterns, ...
Supreme Court: Party May Assert Defense in 2nd Action, Even If It Could Have Been Asserted in 1st Action, Unless It Would Violate Traditional Res Judicata Principles — Issue Or Claim Preclusion (Merger Or Bar)
- Joseph Hage Aaronson
- May 18, 2020
- Complex Lit Blog
Lucky Brand Dungarees v. Marcel Fashions Group, 2020 U.S. LEXIS 2642 (U.S. May 14, 2020):
This case arises from protracted litigation between petitioners Lucky Brand Dungarees, Inc., and others (collectively Lucky Brand) and respondent Marcel Fashions Group, Inc. (Marcel). In the latest lawsuit ...
§1927 Liability Can Be Joint/Several with Client Who Is Otherwise Sanctioned for Same Acts — Colorable Claims Can Be Pursued Vexatiously — Bad Faith Not Required in 10th Cir. — Reckless Indifference to Duties to Court Enough
- Joseph Hage Aaronson
- May 11, 2020
- Complex Lit Blog
Snyder v. Acord Corp., 2020 U.S. App. LEXIS 12889 (10th ORDER AND JUDGMENT*
Seventeen Colorado homeowners ("Plaintiffs") brought an action raising federal-and state-law claims against insurance companies, trade associations, and consul ...
Court Rarely Finds Plain Error on Matters of First Impression
- Joseph Hage Aaronson
- May 10, 2020
- Complex Lit Blog
United States v. Cooper, 2020 U.S. App. LEXIS 13873 (7th Cir. April 30, 2020):
***
On appeal, Cooper argues for the first time that he was entitled to a full, plenary resentencing hearing and that he was entitled to be physically present at the hearing. Because he did not raise these concerns in th ...
Circuit Split Elsewhere Precludes Finding of Plain Error, As Does A Lack of Binding Precedent in the Circuit
- Joseph Hage Aaronson
- May 9, 2020
- Complex Lit Blog
United States v. Abrams, 2020 U.S. App. LEXIS 14090 (6th Cir. May 1, 2020):
***
We cannot declare an error to be "plain" "unless the error is clear under current law."
Attorney-Client Privilege: Crime-Fraud Exception Applies Even If Crime Or Fraud Is Only Counsel’s (Circuit Split) — Rule 11 Sanctions: Successor Counsel Not Liable for Predecessor’s Misconduct — Noerr Pennington No Defense to Discovery
- Joseph Hage Aaronson
- May 8, 2020
- Complex Lit Blog
Navient Sols., LLC v. Law Offices of Jeffrey Lohman, 2020 U.S. Dist. LEXIS 69846 (E.D. Va. April 20, 2020):
Before the Court is defendants The Law Offices of Jeffrey Lohman's and Jeffrey Lohman's (collectively, "LOJL") Objection to the Magistrate Judge's Order Dated Ma ...
