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

Joseph Hage Aaronson

FRAP 38 Sanctions: Merely Including Request in Brief Insufficient — Rule 60: 2 Types of Fraud: In Adversarial Process (1 Yr), On the Court (No Time Limit) — Missing Deadline: “He Simply Tripped over the Time Clock” (Good Quote)

Kennedy v. Schneider Elec., 2018 WL 3031074 (7th Cir. June 19, 2018): *1 In 2012, Bennie Kennedy filed a lawsuit against his longtime employer, Schneider Electric. In 2014, the district court granted summary judgment for Schneider Electric. More than a …
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Supreme Court: American Pipe Tolls Statute of Limitations for Individual Actions But Not Later Class Action — Court Notes Difficulty in Assessing Largest Financial Interest for PSLRA Lead Plaintiff Purposes, Possibility of Aggregation

China Agritech, Inc. v. Resh, 2018 U.S. LEXIS 3502 (U.S. June 11, 2018): This case concerns the tolling rule first stated in American Pipe & Constr. Co. v. Utah, 414 U. S. 538, 94 S. Ct. 756, …
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Rule 11 vs. 12(b)(6): While Court Credits Complaint on MTD, Not for Sanctions — “Sometimes a Litigant Makes Suspending Credibility … Difficult” (Good Quote) — Circuit Sustains Rule 11 Denial That “Could Be Reasonable” But Sanctions Per R. 38

Tobey v. Chibucos, 2018 WL 2210619 (7th Cir. May 15, 2018): *1 One man’s extradition is another man’s “kidnapping.” Edward Tobey, the plaintiff here, has three state-court convictions (one in Illinois and two in Florida) for possession of child pornography.…
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Subpoenas: Rule 45 Does Not Apply to Administrative Subpoenas, But Court Has Discretion under Rule 81 to Apply Some Or All of Rule 45 to Such Subpoenas

United States v. Tennessee Walking Horse Breeders’ & Exhibitors’ Ass’n, 2018 WL 1219313 (6th Cir. Mar. 8, 2018): Defendant-Appellant Tennessee Walking Horse Breeders’ and Exhibitors’ Association (“TWHBEA”) appeals the district court’s denial of its motion for reimbursement of costs incurred…
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Rule 37 Sanctions: Dismissal Requires Order, Willful Violation & Prejudice — Rule 41(b): Dismissal Requires Only Failure to Comply with Court Order & Considers Prejudice to Adversary or Court Only to a Lesser Extent

Burgett v. Gen. Store No. Two Inc., 2018 WL 1444200 (8th Cir. Mar. 23, 2018): *1 Charles Burgett appeals a judgment of the district court1 dismissing his civil rights action as a sanction under Federal Rules of Civil Procedure …
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12(b)(6) Motion to Dismiss — Incorporation of Website in Complaint — OK for Court to Consider Website When Authenticity Uncontested (Compare Our Post of Jan. 15, 2016)

Beckman v. Wal-Mart Stores, Inc., 2018 U.S. Dist. LEXIS 95414 (S.D. Cal. June 5, 2018): Plaintiff Gina Beckman brings this putative class action lawsuit against Defendants Wal-Mart Stores, Inc. ("Wal-Mart"), Espresso Supply, Inc., Eko Brands, LLC, and Ekobrew (collectively, …
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Diversity Jurisdiction: Administratively Dissolved Corporation (Arts. Revoked for Failure to Pay Fees, Make Filings) Still Has Principal Place of Bus., Defeats Jd, Because It “Has Been” Inc’d within §1332(c)(1) (Circuit Split) — No 1447(d) Sanction

Colon v. Ashby, 2018 U.S. Dist. LEXIS 96709 (D.D.C. June 8, 2018): Before the Court is the plaintiffs' Motion to Remand. Dkt. 8. For the reasons that follow, the Court will grant the motion. I. BACKGROUND This suit arises…
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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

RICO: Employer Suffered Harm to Business or Propoerty When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

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

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

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

Archives
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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