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

Arbitration — Equitable Tolling Applies to Motion to Vacate, Modify or Correct an Award under FAA § 12 — Evident Partiality: Standard; Not Shown by Dated, Attenuated or Insubstantial Ties

A. Miner Contr., Inc. v. Dana Kepner Co., 2017 U.S. App. LEXIS 15536, 2017 WL 3530894 (9th Cir. Aug. 17, 2017): Appellant A. Miner Contracting, Inc. ("Miner") appeals the district court's order denying Miner's petition to vacate an arbitration award…
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RICO Standing: Injury to Heirs from Fraud on Estate Too Speculative, Indirect — Rule 11 & Inherent Power Sanctions: New Trial Motion Motivated by Desire to Increase Costs = Improper Purpose — Counsel Must Separately Appeal Sanctions

Sheshtawy v. Gray, 2017 U.S. App. LEXIS 17790 (5th Cir. Sept. 14, 2017): PER CURIAM:* *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the…
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Judicial Notice of Internet Evidence: Notice of Wayback Machine Results OK Based on Affidavit from Butler — Date in Wayback URL = Date Party Assigns to Page — Screenshots on Party’s Facebook Page Also Noticed

Dzinesquare, Inc. v. Armano Luxury Alloys, Inc., 2014 U.S. Dist. LEXIS 197546 (C.D. Cal. Dec. 22, 2014): Defendant Armano Luxury Alloys Inc.'s Motion for Partial Summary Judgment as to Invalidity (Fld 11-12-14) Cause called and counsel make their appearances. The…
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Incoming Texts Not Hearsay: By Responding Affirmatively to Offers to Buy Drugs, Party Adopted Implied Assertions He Had Drugs for Sale — Also Admissible As Context to Make Responses Intelligible

State v. Ulmer, 2017 Ariz. App. Unpub. LEXIS 1125 (Ariz. Ct. App. Aug. 15, 2017): P1 After a jury trial, Clinton Ulmer was convicted of possession of a narcotic drug for sale and possession of drug paraphernalia. The trial court…
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Spoliation — Adverse Inference Instruction “Usually Makes Sense” Only If Bad Faith — Undercut by Prior Notice of Destruction & Opportunity to Analyze — Sanctions Should Fit the Crime — Merits Decision Preferred

Sharp v. Hylas Yachts, LLC, 2017 U.S. App. LEXIS 18388 (1st Cir. Sept. 22, 2017): Following an eleven-day jury trial and verdict, the district court entered judgment against Hylas Yachts, LLC and in favor of plaintiffs Nelson Sharp and his…
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Subject Matter & Personal Jurisdiction: Yelp, TripAdvisor Pages Set Up by Third Parties, Not Defendant, Thus Irrelevant to Minimum Contacts — Twitter: Following Resident of State (Sports Team) Not Enough: Where Does a Tweet Exist?

Blue Water Int’l, Inc. v. Hattrick’s Irish Sports Pub, LLC, 2017 WL 4182405 (M.D. Fla. Sept. 21, 2017): ORDER *1 Several “Hattrick’s” bars serve food and alcohol in the United States.1 Most market themselves as sports bars (in hockey …
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Recusal: Judge’s Twitter Account’s Following of US Atty’s Office Twitter Account Not Enough — Rule 60(d)(3): Not All Fraud Is Fraud on the Court — Standards — Must Be Post-Judgment; Here, Barred by Settlement of Unknown Claims

United States v. Sierra Pacific Indus., Inc., 2017 U.S. App. LEXIS 12528 (9th Cir. July 13, 2017): We are asked to decide whether certain allegations of fraud, some of which were known before the parties settled and some of which …
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Rule 37(b) Dismissal: Factors (5th Cir.) — Abuse of Discretion: Review More Rigorous for Substantial Sanctions — While Court Needn’t Incrementally Increase Sanctions to Dismissal, It Should at Least Consider Lesser Sanctions First

Oprex Surgery (Baytown), LP v. Sonic Auto. Empl. Welfare Ben. Plan, 2017 U.S. App. LEXIS 14811 (5th Cir. Aug. 10, 2017): *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and…
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Class Actions: Rule 23(f) Isn’t Jurisdictional — Motion for Reconsideration within 14 Days of Certification Order Tolls 23(f) Deadline — So Does Statement of Intent to File Motion (Circuit Split on This)

Lambert v. Nutraceutical Corp., 2017 U.S. App. LEXIS 17923 (9th Cir. Sept. 15, 2017): Federal Rule of Civil Procedure 23(f) allows a litigant to seek an interlocutory appeal of a district court's order granting or denying class certification. This case …
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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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