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

Electronic Hearsay: Fact Business Keeps and Receives Emails Doesn’t Make Them Business Records (Good Quote) — 803(6) Elements Must Be Satisfied — Business Records Exception Is Predicated on Accuracy & Reliability; Email Is Typically More Casual

United States v. Cone, 714 F.3d 197 (4th Cir. 2013): Donald Cone and Chun-Yu Zhao were convicted of various charges under an indictment arising out of a scheme to import and resell counterfeit pieces of computer networking equipment, some of …
Continue Reading

Rule 37 & 41 Sanctions — Reversible Error to Dismiss without Considering Lesser Sanctions — 6th Circuit Leaves Open Possibility Dismissal Might Be OK for Discovery Delay Absent Violation of Court Order in Extreme Circumstances

Dominguez v. Crosby Tugs, LLC, 2017 WL 3271117 (5th Cir. Aug. 1, 2017): Jorge Dominguez, Jr., a Jones Act seaman employed by Crosby Tugs (“Crosby”), was allegedly injured when he was directed to manually move a marine fire extinguisher. Dominguez …
Continue Reading

Texts – Admissibility: Recipient May Testify As to Contents of Lost Text Per Rule 1004 Consistently with Best Evidence Rule — “We Will Not Reverse the Trial Court When It Reached the Right Result Albeit for the Wrong Reason” (Good Quote)

People v Washington, 2017 Mich. App. LEXIS 1774 (Mich. Ct. App. Nov. 9, 2017): A jury convicted defendant of two counts of first-degree criminal sexual conduct (victim under 13/defendant 17 or older) (CSC-I), MCL 750.520b(2)(b); assault with intent to…
Continue Reading

RICO: 171 Pp. of Vague Allegations, Each Count Adopting Prior ¶¶=Shotgun Pleading, Violates Rule 8—Abstention: Younger Applies to Civil Case Only If St. Court’s Ability to Perform Judicial Fxs Involved—Colorado River Very Rare

Barone v. Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 18396 (11th Cir. Sept. 21, 2017): John M. Barone, proceeding pro se, appeals the district court's dismissal of his complaint alleging various wrongful acts by Wells Fargo Bank, N.A. ("Wells …
Continue Reading

Rule 16: What Constitutes “Good Cause” to Amend Scheduling Order to Allow Late Designation of Expert — Five Factors (6th Cir.), Diligence Key — Appeals: Waiver of Argument by Not Raising It Below — Plain-Miscarriage-of-Justice Exception

Gatza v. DCC Litig. Facility, Inc., 2017 U.S. App. LEXIS 21861 (6th Cir. Oct. 31, 2017): Plaintiffs-Appellants Kathy Gatza and Pamela Sutherland (together, "Plaintiffs") appeal the district court's denial of their motions to amend the scheduling orders in their cases.…
Continue Reading

Hearsay: Importance of Specificity to 803(3) (State of Mind) Foundation — Settlement Negotiations: Rule 408 Doesn’t Bar Evidence Party Acknowledged a Fact at Settlement Meeting That It Now Denies

Fabick, Inc. v. Fabco Equip., Inc., 2017 U.S. Dist. LEXIS 198963 (wdwis Dec. 4, 2017): This case is set for a jury trial commencing, December 11, 2017, to resolve plaintiff Fabick, Inc.'s remaining claims of trademark infringement against defendants…
Continue Reading

FRAP 38 Sanctions Don’t Require Bad Faith But 6th Cir. Only Imposes If Improper Purpose — §1927 Sanctions Don’t Require Bad Faith in 6th Cir., But Still > Negligence: Intentional Abuse of Judicial Process/Knowing Disregard of Multiplicitousness

Raub v. Moon Lake Prop Owners’ Ass’n, 2017 U.S. App. LEXIS 22933 (6th Cir. Nov. 15, 2017): Plaintiffs David and William Raub appeal the dismissal of their action asserting various civil rights and disability discrimination claims arising from their ownership…
Continue Reading

Res Judicata / Collateral Estoppel: Claims within Exclusive Jurisdiction of Federal Courts Generally Not Barred by Prior State Court Case Arising Out of Common Nucleus of Operative Fact — FRAP 38: Partial Success on Appeal Avoids Sanctions

Veit v. Frater, 2017 U.S. App. LEXIS 22220 (7th Cir. Oct. 31, 2017):   ORDER Jackson Veit sued Angela Frater and "New Company" asserting that they conspired to defraud him of the value of securities that he held in InfoCorp, LLC.…
Continue Reading
Previous119120121122123124125Next

Recent Articles

§ 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

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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