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

Spoliation: Failure to Preserve All Video Evidence Requested in Overly Broad Request ≠ Bad Faith — Does 37(e) Trump Flurry Factors? — Lit. Funding Firm’s Deal with Doctors Not Barred by Collateral Source Rule

ML Healthcare Servs., LLC v. Publix Super Mkts., Inc., 2018 U.S. App. LEXIS 2935 (11th Cir. Feb. 7, 2018): This is a personal injury case arising from plaintiff Robin Houston's slip and fall at a Publix Supermarket operated by Defendant.…
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Circumstantial Text Authentication: Texts on Phone in Def’s Possession; He Admitted to Phone No. Only 1 Digit Off No. of Phone; Email Address Tied to Phone = His Surname + Birthday; Incoming Text Uses His First Name; Phone Used to Send a Selfie of Him

State v. Brownlee, 2017 Wisc. App. LEXIS 949 (Wis. Ct. App. Nov. 21, 2017): Willie Brownlee Jr. appeals from a judgment of conviction, entered upon a jury's verdict, for one count of possession of cocaine, fifteen to forty grams, with …
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Rule 16(f) & Inherent Power Sanctions for Failure to Participate in Settlement Conference in Good Faith — Failure to Communicate in Advance a Fixed Position (Here, No Interest in Negotiating) Sanctionable — Led to Conference Being Held for No Reason

Arneault v. O’Toole, 2017 WL 5989024 (3d Cir. Dec. 4, 2017): *1 This appeal, set against a backdrop of the litigants’ personal and professional rancor, pertains to two awards of attorneys’ fees and costs to the appellees. Plaintiffs Edson R.…
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Sanctions: “Without a Finding of Fraud or Bad Faith Whereby the Very Temple of Justice Has Been Defiled, a Court Enjoys No Discretion to Employ Inherent Powers to Impose Sanctions” (Good Quote)

Level 3 Commc’ns, LLC v. United States, 2018 U.S. App. LEXIS 2536 (Fed. Cir. Jan. 30, 2018): Defendant the United States ("the government") and Department of Justice attorney Robert C. Bigler appeal the March 16, 2017 order of the United…
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Dismissal Is Proportional Sanction under Rule 37 for Willful, Repeated Discovery Violations & under Rule 41 for Disregard of Court-Imposed (Discovery) Deadlines — While Judges Should Weigh Lesser Sanctions, They Aren’t Required to (7th Cir.)

Nelson v. Rodgers, 2017 U.S. App. LEXIS 26120 (7th Cir. Dec. 21, 2017): Per Curiam. Kenneth Nelson sued two former business partners, Bruce Schultz and Jon Rodgers, for breach of contract and several torts. During discovery Schultz and Rodgers asked…
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Rule 37(d) Sanctions — No Excuse for Failing to Attend Dep That Adversary Owed Discovery or That Opposing Lawyer Didn’t Show Up after Learning Party Wouldn’t Attend — While Court Construes Pro Se Briefs Liberally, It Won’t Act as De Facto Counsel

Lewis v. Leonard, 2017 WL 5664663 (11th Cir. Nov. 27, 2017): *1 In this 42 U.S.C. § 1983 action, plaintiff Preston Jermain Lewis, a former student at Pensacola State College (“PSC”), appeals pro se the district court’s order granting summary…
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CAFA: Resident Not Same as a Citizen for Local Controversy Purposes — Plaintiffs Must Present Evidence of Citizenship or Define Class As Limited to Citizens of Relevant State — Complaint Determines Whether Local Def Is Significant

White Knight Diner, LLC v. Arbitration Forums, Inc., 2018 U.S. Dist. LEXIS 5786 (E.D. Mo. Jan. 12, 2018): This putative class action is brought on behalf of various Missouri insureds, for damages incurred as a result of the alleged misconduct…
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Text Evidence: Photos of Texts Don’t Violate Best Evidence, = 1001(d) Duplicate Original — Authentication by (a) Testimony of Wit. Who Texted with Def., (b) Self-ID’ing Text, (c) No. Assigned to Def.; (d) No. Linked to Def. in Wit.’s Phone

Pierce v. State, 2017 Ga. LEXIS 940 (Ga. Sup. Ct. Oct. 30, 2017): Appellant Matthew Caleb Pierce was tried before a jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of…
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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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