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

Documents on 12(b)(6) Motion: Even If “Integral” to Complaint, Doc. Won’t Be Considered If Authenticity Disputed — Existence of Website Considered But Not Truth of Contents

Russo v. Navient Sols., LLC, 2018 U.S. Dist. LEXIS 48263 (D. Vt. Mar. 23, 2018): Plaintiff Kayla Russo brings this action against Defendants Navient Solutions, LLC ("Navient"), SLM Private Credit Student Loan Trust 2006-A, SLM Private Education Student Loan…
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Sanctions: Dismissal for Failure to Prosecute — Same Factors, and Requisite Aggravating Factors, under Inherent Power & Rule 41(b) (5th Cir.) — They Include Client’s Personal Responsibility & Inaptness of Lesser Sanctions

Gates v. Strain, 2018 U.S. App. LEXIS 7268 (5th Cir. Mar. 22, 2018): Shane Gates was arrested by the St. Tammany Parish Sheriff's Office in 2006. In 2007, he filed this action under 42 U.S.C. § 1983 alleging that…
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Service of Subpoena on Non-Party Federal Agency: If by State Court Litigant, Sovereign Immunity Applies, Litigant Must File APA Action If Agency Says No — If by Federal Litigant, No Sov. Immunity But Circuit Split As to Standard of Review

Taylor v. Gilbert, 2018 U.S. Dist. LEXIS 42322 (N.D. Ind. Mar. 15, 2018) (see also our post dated March 21, 2018): ORDER ON MOTION TO COMPEL This matter is before the Court on Plaintiff's Motion to Compel and for…
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RICO: Perjury, Obstruction, Evidence Tampering Are Predicates Only If in Connection with Federal Proceedings — State Prisoner Can’t Pursue §1983 Action If Win Would Imply Invalidity of Conviction (Heck Bar)

Pro se Plaintiff John Garrett Smith, an inmate at Stafford Creek Corrections Center in Washington, filed this action against Defendant Sandra Aldridge claiming violations of the Racketeer Influenced and Corrupt Organizations Act, the Americans with Disabilities Act, and the Computer…
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Supreme Court: FRCP 42(a): Judgment Entered in Each of Consolidated Cases Is Immediately Appealable — Neither Congress Nor Advisory Committee Alters “the Fundamental Details of an Existing Scheme with Vague Terms and Subtle Devices” (Good Quote)

Hall v. Hall, 138 S.Ct. 1118 (2018): Three Terms ago, we held [**6]  that one of multiple cases consolidated for multidistrict litigation under 28 U. S. C. §1407 is immediately appealable upon an order disposing of that case, regardless of…
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Neither Rule 11 Sanctions Nor Separate Referral to Disciplinary Committee May Be Certified for Appeal under Rule 54(b) Because They Are Not Claims for Relief (1292(b) Possible; Not Collateral Order; Markwell Highly Unlikely)

Nogess v. Poydras Ctr., LLC, 2018 WL 1614216 (5th Cir. Apr. 3, 2018): *1 This is an appeal of an order of sanctions under Rule 11 and a referral of attorney conduct to a lawyers’ disciplinary committee with findings of …
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Forum Selection Clauses: In Diversity Case, Federal Law Determines Enforceability, But Forum State’s Choice of Law Rules Determine Which State’s Substantive Law Governs Interpretation

Blue Racer Midstream, LLC v. Kelchner, Inc., 2018 U.S. Dist. LEXIS 27911, 2018 WL 993781 (N.D. Tex. Feb. 21, 2018): Before the Court is Defendant Kelchner, Inc.'s Motion to Transfer Venue (Doc. No. 27). After carefully considering the motion,…
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Privilege/Work Product — Public Relations Firm: Absent Privilege Log or In Camera Review, Ruling Unappealable — Waiver by Failure to Log — Party Still Bears Burden of Proving Privilege Even If Documents Held by Third Party

Tex. Brine Co., LLC v. Occidental Chem. Corp., 2018 U.S. App. LEXIS 1286 (5th Cir. Jan. 19, 2018): I. Defendant Texas Brine Company, LLC (Texas Brine) operates brine wells on land owned by Co-Defendant Occidental Chemical Corporation (Oxy) in…
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

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 Property 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?

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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