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

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…
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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…
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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.…
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Spoliation: Violation of Rule or Regulation Pertaining to Document Retention Is Not Per Se Bad Faith [Note: The Regulation at Issue Was Not Adopted for the Benefit of the Party/Class Claiming Spoliation]

Eaton-Stephens v. Grapevine Colleyville Indep. Sch. Dist., 2017 U.S. App. LEXIS 22704 (5th Cir. Nov. 13, 2017) (unpublished): This appeal arises from the district court's grant of summary judgment in favor of Grapevine Colleyville Independent School District on all of…
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§ 1927 Sanctions — Recklessness without More Insufficient — Uncertainty Reflected in Circuit’s Model Jury Instructions & Fact Another Circuit Accepted Argument Means It Isn’t Frivolous—Opposing Motion to Strike Claim w/o Basis Sanctionable

Stone Creek, Inc. v. Omnia Italian Design, Inc., 2017 U.S. App. LEXIS 16632 (9th Cir. Aug. 30, 2017): This appeal, set in the high-stakes world of furniture sales, runs the gamut of trademark infringement issues. The facts are somewhat unusual:…
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RICO: In Determining Whether Pattern Stated against a Defendant, Court Considers Only Alleged Offenses That Defendant Was Involved in — Continuity: Relevant Period Is When Predicates Occurred, Not Duration of Scheme

Sterling Nat’l Mortg. Co. v. Infinite Title Solutions, LLC, 2011 WL 13220625 (S.D. Fla. Mar. 3, 2011): REPORT AND RECOMMENDATIONS ON MOTIONS TO DISMISS *1 THIS MATTER is before the Court concerning motions to dismiss filed by Defendants Infinite Title…
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Appeals Court Has Jurisdiction over Denial of Motion to Intervene If Is As of Right — Disqualification: Court May Look Through Generality of “Substantially Related” If It Has Specific Evidence Proving No Confidential Info of Former Client Used

Kirsch v. Dean, 2017 U.S. App. LEXIS 21257 (6th Cir. Oc.t 25, 2017): Defendant Robert Dean and Proposed Intervenor ZFX, Inc. jointly appeal: (1) a December 7, 2016 order denying Dean's motion to disqualify Middleton Reutlinger, the law firm representing …
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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.

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