New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration
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Limits of the Sham Affidavit Doctrine

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From Concordance Corp. v. Amazon.com, Inc., 2009 U.S. Dist. LEXIS 55359 (D.Del. June 30, 2009):

"A sham affidavit is a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story or is willing to offer a statement solely for the purpose of defeating summary judgment." [Jiminex v. All Am. Rathskeller, Inc., 503 F.3d 247, 253 (3d Cir. 2007).]

"[A] party may not create a material issue of fact to defeat summary judgment by filing an affidavit disputing his or her own sworn testimony without demonstrating a plausible explanation for the conflict.... When a party does not explain the contradiction between the subsequent affidavit and the prior deposition, the alleged factual issue in dispute can be perceived as a "sham," thereby not creating an impediment to a grant of summary judgment based on the deposition. [Baer v. Chase, 392 F.3d 609,624 (3d Cir. 2004) (citations omitted).]

The doctrine does not apply where "the affiant was 'understandably' mistaken, confused, . . . not in possession of all the facts during the previous deposition . . . [or] offers a 'satisfactory explanation' for the conflict." [Jiminez v. All A. Rathskeller, Inc. , 503 F.3d 247, 254 (3d Cir. 2007) (citing Baer, 392 F.3d at 625; Hackman v. Valley Fair, 932 F.2d 239, 241 (3d Cir. 1991)).]

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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