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

Judicial Notice of Briefs/Filings in Different Court OK, But Not for Truth — No §1927 Sanctions for Conduct in Another Court — Disqualification: Standing Requires Prior Attorney-Client Relationship Or Breach That “Infects the Litigation”

Smith v. Cook, 2018 U.S. Dist. LEXIS 37615 (S.D. Cal. Mar. 7, 2018): ORDER: (1) DENYING PLAINTIFF'S MOTION FOR WITHDRAWAL OF DEFENDANT'S ATTORNEYS; AND (2) DENYING PLAINTIFF'S MOTION FOR SANCTIONS (Doc. Nos. 22, 32) Pending before the Court…
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The Exceptional-Case Standard for Awarding Attorney’s Fees under the Lanham Act (15 U.S.C. §1117(a)) Is Identical to the Exceptional-Case Standard Applied in Patent Cases (under 35 U.S.C. §285) — 11th Circuit Joins 3d, 4th, 5th, 9th & Fed Circuits

Tobinick v. Novella, 2018 U.S. App. LEXIS 5845 (11th Cir. Mar. 8, 2018): Dr. Edward Tobinick appeals the District Court's award of attorney's fees to Dr. Steven Novella. Dr. Tobinick argues both that the District Court's decision to award…
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Pleading RICO: “Conclusory Allegations, Unwarranted Factual Inferences, and Legal Conclusions” Insufficient — Appeals: Issues Waived by Making No More Than “Conclusional Assertions” That Complaint Is Adequate (Good Quotes)

Van Velzer v. Amegy Bank, 2018 WL 1135060 (5th Cir. Mar. 1, 2018): PER CURIAM:* David Van Velzer appeals the dismissal of his civil action by the district court for failure to state a claim under Federal Rule of Civil …
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RICO: Litigation Activity as Predicate Generally Fails (Exc’ns), Always If Single Baseless Lawsuit — Case Based on Single District Court Precedent Not Frivolous — §1927 Sanctions Available against Lawyer Proceeding Pro Se — Ethics: Advocate-Wit Rul

Kim v. Kimm, 2018 WL 1054751 (2d Cir. Feb. 27, 2018): *1 The plaintiff Daniel Kim brings this action pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq., alleging that the defendants engaged…
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Contempt Sanction: Reading Only PACER Entry & Not Order = Bad Faith — Magistrate Judge Lacks Power to Adjudicate Contempt — Summary Adjudication OK for Violation in Court’s Presence (Failure to Have Client Present, As Ordered) — $2,500 Penalty

Deutsch v. Annis Enters., 2018 U.S. App. LEXIS 3028 (5th Cir. Feb. 8, 2018): PER CURIAM: This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. …
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Attorney-Client Privilege: Simply Filing Suit to Which Privileged Info Is Relevant Doesn’t Effect Waiver — Mere Relevance Is Never Enough — Excellent Collection of Waiver Cases with Factual and Legal Analysis — Hearn Overruled by Swidler

In re Iltron, Inc., 2018 U.S. App. LEXIS 4136 (5th Cir. Feb. 21, 2018): This mandamus petition calls on us to correct a significant misapplication of attorney-client privilege law. The underlying lawsuit springs from a disputed corporate merger. Plaintiff-Petitioner Itron …
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28 U.S.C. § 1782: Does a Magistrate Judge Have Jurisdiction to Issue a Final Order to Compel Discovery or May the MJ Issue Only a Report & Recommendation? — Circuit Split

Ex Parte Application of Godfrey, 2018 U.S. Dist. LEXIS 29794 (S.D. Fla. Feb. 22, 2018):   REPORT AND RECOMMENDATIONS ON RESPONDENT'S MOTION TO QUASH SUBPOENA AND PETITIONERS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA Respondent Stephen P. Lynch moves to quash the…
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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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