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

3d Circuit’s 7-Factor Test for Admitting Tape Recordings in Criminal Cases Is Not The Sole Test — Tape Recordings of Voicemails Admitted on Testimony of Recipient/Taper — Gaps in Chain of Custody Go to Weight

United States v. Credico, 2017 U.S. App. LEXIS 25472 (3d Cir. Dec. 18, 2017) (affirming the decision excerpted in our post of Nov. 19, 2016): Defendant Justin Credico appeals from his conviction after a jury trial for threatening federal agents…
Continue Reading

Spoliation: Bad Faith Needed in 10th Cir. But Breach of Reg Gives Rise to Bursting Bubble Presumption (R. 301) Against Destroyer—Opening Statement Opens Door to Evid on Matters Mentioned, Waives In Limine Motion, Which Must Be Renewed at Trial (R. 103)

EEOC v. JetStream Ground Servs., Inc., 2017 U.S. App. LEXIS 26867 (10th Cir. Dec. 28, 2017): A jury rejected an employment-discrimination claim against JetStream Ground Services, Inc. filed by several Muslim women and the Equal Employment Opportunity Commission (EEOC) (collectively, …
Continue Reading

Rule 16(f) Sanctions: Failure to Notify Adversary of Change in Settlement Posture Before Settlement Conference = Not Participating in Good Faith — Appeals: Failure to Include Transcript Bars Review of Findings of Fact Concerning Hearing

Koehn v. Tobias, 2017 WL 3327009 (7th Cir. Aug. 4, 2017): Plaintiff-appellee Peter Koehn filed suit under 42 U.S.C. § 1983, alleging that Defendants-appellants Lauri Tobias and Margaret Segerston (Defendants), his former employers, unlawfully retaliated against him for exercising…
Continue Reading

Inherent Power Sanctions on Non-Party OK (Purported CEO of Plaintiffs, Authored Bad Faith Affidavits, Failed to Appear when Ordered) — 9th Circuit’s Recklessness-Plus Standard for Bad Faith: Concrete Examples

Indiezone, Inc. v. Rooke, 2017 U.S. App. LEXIS 25308 (9th Cir. Dec. 14, 2017): MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In this consolidated appeal, appellants…
Continue Reading

Spoliation — In Criminal Cases, Bad Faith Is Essential to Support Adverse Inference Instruction Even in Circuits Not Requiring Bad Faith in Civil Cases (Dissent Questions Whether This Is True in All Cirs. — This Case Makes It True in 6th Cir.)

United States v. Brasswell, 2017 U.S. App. LEXIS 16144 (6th Cir. Aug. 21, 2017): Defendant Larry Braswell was convicted of one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and was…
Continue Reading

Disqualification: 10th Cir. Factors—Essential Issue Is Taint of Lawsuit — Sanctions: If Attorney’s Fees Imposed on Client & Counsel, Counsel’s Objecting Just for Itself = Conflict, Resolved by Agreeing to Pay All—Meaning of Abuse of Discretion

U.S. ex rel. Tracy v. Emigration Improvement Dist., 2017 U.S. App. LEXIS 23650 (10th Cir. Nov. 22, 2017):   *   After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on…
Continue Reading

Sanctions: Rule 41(b) Dismissal Requires Willful Disobedience of Court Order, Is a Last Resort — No Inherent Power Dismissal without Leave to Amend on Grounds Complaint Is Patently Frivolous (Circuit Split) — Rooker-Feldman Inapplicable to TROs

Smith v. HSBC Bank USA, N.A., 679 Fed.Appx. 876 (11th Cir. Feb. 13, 2017): Plaintiffs Marvin and Sharon Smith, proceeding pro se,1 appeal the district court’s denial of their motion to remand and the district court’s dismissal with…
Continue Reading
Previous117118119120121122123Next

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.

New York Office

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice