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

Fraudulent Joinder (or Misjoinder) — If the Case Commences in State Court, Is the Propriety of Joinder Determined under the State or Federal Joinder Standard? — Case Law Split

Two Cases: 1.  Tampa Elec. Co. v. Travelers Indem. Co. of Am., 2017 U.S. Dist. LEXIS 144524 (M.D. Fla. Sept. 7, 2017):   This matter comes before the Court upon consideration of Plaintiff Tampa Electric Company's ("TECO") Motion to Remand, filed…
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§ 1927 Sanctions for Refusal to Dismiss Meritless Case with Prejudice — No New Right to 41(a)(1) Dismissal of Right by Amending or after Removal — 41(a)(2) Dismissal Factors

Baiul v. NBC Sports, 2017 WL 3911576 (2d Cir. Sept. 7, 2017): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED. Plaintiffs-appellants Oksana Baiul and her company, Oksana,…
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RICO Injury — Exposure to Future, Unthreatened Claims as a Result of Re-selling Fraudulent Product Is Speculative, Doesn’t State RICO Loss, But Cost of Retroactive Insurance Policy to Cover Claims Might

Ratajczak v. Beazley Solutions Ltd., 2017 U.S. App. LEXIS 16782 (7th Cir. Aug. 31, 2017): Between 2006 and 2012 Packerland Whey Products, Inc., deceived at least one of its customers about the protein content of a product called Whey [*3]…
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§ 1782 Authorizes Discovery for Use in Foreign Proceeding in Which Applicant Is Not Seeking a Damages But May Submit Evidence — Discovery May Be Used in Other Foreign Proceedings Once Allowed, Unless Court Restricts Use

In re Accent Delight Int’l Ltd., 2017 U.S. App. LEXIS 16380 (2d Cir. Aug. 28, 2017): Intervenors-Appellants Yves Bouvier and MEI Invest Ltd. (collectively, "Bouvier") appeal from an order of the United States District Court for the Southern District of…
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Rule 41(b) Sanctions — Dismissal: Factors (10th Cir.) — While Factors Usually Needn’t Be Considered when Dismissal Is without Prejudice, They Must If the Statute of Limitations Has Run & It Effectively Terminates the Case

Villecco v. Grand Teton Lodge Co., 2017 WL 3726983 (10th Cir. Aug. 30, 2017): Michael Villecco, appearing pro se,1 appeals the district court’s dismissal of his employment discrimination claim for failure to prosecute his claim, and from the subsequent…
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Rule 11: Voluntary Dismissal of Def. b/c Her Role Was “Minimal at Best” ≠ Concession of Frivolousness — Basing Claim on Statute Not Creating Right of Action “Not Inescapably” Frivolous—Good Cause under Rule 4(m) for Not Serving w/in 90 Days

Lostutter v. Olsen, 2017 U.S. Dist. LEXIS 136280 (M.D.N.C. Aug. 24, 2017): Deric James Lostutter, proceeding pro se, claims that Defendants, all residents of different States, defamed him, principally through their use of the unauthorized eponymous website www.DericLostutter.org. In…
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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?

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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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