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

Inherent Power Sanctions: Fee Award That “Approximated a Reasonable Rate for the Time Spent in Defending” Bad Faith Litigation Satisfies Goodyear’s Mandate That Award Can’t Exceed Actual Cost Imposed by Misconduct

Regions Bank v. Gateway Hous. Found., 2018 U.S. App. LEXIS 10991 (6th Cir. Apr. 30, 2018): Gateway Housing Foundation and Terry McNellis appeal the district court's award of sanctions to Regions Bank. All agree that the award should be…
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Hearsay: Texts Defining Scope/Terms of Conspiracy = Verbal Acts That Can Form the Requisite Non-Hearsay Evidence of Conspiracy Needed to Trigger the Exception for Other, Hearsay Texts of Conspirators

State v. Bollig, 2018 Kan. App. Unpub. LEXIS 312 (Kan. Ct. App. Apr. 27, 2018): A jury in Trego County District Court convicted Defendant Scott Robert Bollig of conspiracy to commit first-degree murder for his principal role in a …
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Vexatious Litigant: 3 Suits for Same Grievance, Alone, Enough — Finding Claims Colorable for In Forma Pauperis Status Doesn’t Bar Later Sanctions — Appeals: Denial of Rule 59 Motion Unappealable, Court Treats Notice as Appeal of Underlying Order

Mitchell v. Taylor, 2018 U.S. App. LEXIS 9651 (6th Cir. Apr. 16, 2018) (unpublished): Dwight Mitchell, a pro se litigant, appeals the district court's order granting in part and denying in part the motion of Guardian Home Care Holdings,…
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Inherent Power: Bankruptcy Court Power to Sanction for Violation of Order Entered under Title 11 Unaffected by Stern v. Marshall — Due Process: Hearing Required Where Factual Issue Exists As to Whether Misrepresentation Was Made

In re Reed (Critique Servs., LLC v. Reed), 2018 WL 1939732 (8th Cir. Apr. 25, 2018): *1 The bankruptcy court1 sanctioned Ross H. Briggs for contempt of an order and for misleading the court. The district court2 affirmed.…
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Hearsay: Texts Admissible under Coconspirator Exemption (801(d)(2)(E)) If Court Finds It Probable Declarant & Party Were Members of Conspiracy & Text Furthered It — Adoptive Admission of Third Party Texts by One Conspirator

United States v. Brown, 2018 U.S. Dist. LEXIS 67239 (D. R.I. Apr. 18, 2018): Before the Court are a series of pretrial motions filed by both the government and the defendant Devon Brown. The government has charged Mr. Brown…
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Rule 11: Bad Faith If Atty Knowingly or Recklessly Raises Frivolous Argument, Argues Meritorious Claim to Harass, Delays or Disrupts Case or Hampers Enforcement of Order — Meaning of Abuse of Discretion (11th Cir.)

Jackson v. Jackson (In re Jackson), 2018 U.S. App. LEXIS 9804, 2018 WL 1791991 (11th Cir. Apr. 16, 2018) (unpublished): PER CURIAM: In this consolidated appeal, Matthew and Velma Jackson, Pennsylvania attorneys proceeding pro se, challenge several orders…
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RICO: Racketeering Activity Leading to Loss of Work Comp Benefits ≠ Injury to Business or Property — While Professional Medical Provider’s Loss of Reimbursement Constitutes Injury, Romantic Partner’s Loss Does Not

Gucwa v. Lawley, 2018 U.S. App. LEXIS 9428 (6th Cir. Apr. 16, 2018): This is an appeal from the district court's dismissal of Mark Marusza's and Nancy Gucwa's complaint, which alleged four causes of action. Marusza suffered a serious …
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Sanctions: Rule 11 Fine for Repleading in Amended Complaint Claims Dismissed without Leave to Replead — § 1927 Imposes Continuing Duty to Correct or Withdraw — Key Question Is When It Became Obvious the Claim or Defense Should Be Withdrawn

Regions Bank v. Kaplan, 2018 WL 1833045 (M.D. Fla. Mar. 1, 2018): *1 The District Judge has tasked me with reporting and recommending to her the appropriate dispositions on the sanctions motions filed by Plaintiff/Counter Defendant Regions Bank (Regions), Counter…
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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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