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: Diversity Jurisdiction over FAA Petition (to Compel) Is Determined by Reference to Parties to the Petition — Federal Question Jurisdiction Is Determined by Looking Through to See If Underlying Dispute Raises Federal Question

Hermés of Paris, Inc. v. Swain, 2017 U.S. App. LEXIS 15027 (2d Cir. Aug. 14, 2017): Respondent-appellant Matthew Swain appeals from a judgment of the United States District Court for the Southern District of New York (Colleen McMahon, Chief Judge).…
Continue Reading

Twitter & Facebook Authentication: Circumstantial Evidence — Selfies, Corroboration of Contents (Rival Gangs, Animus), Community Awareness, Use of Phone to Log in — Rule 403: Prejudice Unfair If to Elicit Bias, Sympathy, Hatred, Contempt, Retribution

Stat v. Alias, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): *1 This case arose after a shooting occurred at Walter P. Taylor Homes apartment complex (Walter P.) on October 3, 2014, resulting in the death of the…
Continue Reading

CAFA Local Controversy Exception: Court Is Bound by Complaint, Can’t Look to Other Evidence (Internet) — Factors for Judging If Local Defendants Can Provide “Significant Relief” or Their Conduct Is a “Significant Basis” for Suit

Christmas v. Union Pac. R.R., 2017 U.S. App. LEXIS 11724 (9th Cir. June 30, 2017): Plaintiff-Appellant Elon Christmas ("Christmas") filed a class action complaint in the Superior Court of California on February 5, 2015 alleging that Defendant Union Pacific Railroad…
Continue Reading

RICO—Is Any Act of Criminal Copyright Infringement a Predicate Or Only Egregious Ones?—Enterprise: Affiliated Corps: Need “Something More”? (2 Case Law Splits)—Conspiracy: Agreement Inferable—Pattern Extends Thru Era of Violations

Synopsys, Inc. v. Ubiquiti Networks, Inc., 2017 U.S. Dist. LEXIS 130070 (N.D. Cal. Aug. 15, 2017): This case stems from the purported interest of defendants Ubiquiti Network Inc., UNIL, and Ching-Han Tsai to review and evaluate for licensing plaintiff …
Continue Reading

Blog Admissibility — Third-Party Blog Posts Reiterating Alleged Defamation = Publication; Affidavit of Counsel Sufficient to Authenticate on Summary Judgment — Posts and Comments on Posts Admissible for Effect on Listener (Damages)

Knitting Fever, Inc. v. Eisaku Noro & Co., Ltd., 2012 WL 3235108 (E.D. Pa. Aug. 8, 2102): *1 Currently pending before the Court are Plaintiff The Knit With’s (“TKW”) Motion for Summary Judgment on the Counterclaims of Knitting Fever, Inc.…
Continue Reading

Blog Posts Admissible as Admissions of a Party Opponent — Founder’s Testimony about Nature of the Business Presumably Admissible as Expert Opinion under Rule 702, Not Lay Opinion under 701

Lavoholo v. Apple, Inc., 232 F.Supp.3d 513 (S.D.N.Y. Fb. 10, 2106): Lavoho, LLC, the successor in interest to Diesel eBooks, LLC (hereinafter, “Diesel”) brings this action against five book publishers, Hachette Book Group, Inc. (“Hachette”), HarperCollins Publishers, LLC (“HarperCollins”), Macmillan …
Continue Reading

Sanctions — If a Party Has Good Reason to Believe a Fact Is True or False But Needs Discovery, Formal or Informal, from Others to Confirm It, the Party Is Not Subject to Rule 11 Sanctions — Prompt Filing Is Encouraged

Max Oil Co., Inc. v. Range Production Co., LLC, 681 Fed.Appx. 710 (10th Cir. Mar. 14, 2017): Max Oil Company and Max, Rebecca, and Joe Hawkins (Hawkins Family) sued Range Production Company LLC and Range Resources-Midcontinent LLC (collectively Range), alleging …
Continue Reading

§ 1927 Sanctions — Notice of Appeal Filed in Name of Sanctioned Party Does Not Confer Jurisdiction over Appeal by Counsel — Liberal Construction under FRAP 3 Doesn’t Excuse Complete Non-Compliance — Test Is Objective

Payne v. Univ. of S. Miss., 681 Fed.Appx. 384 (5th Cir. 2017) (limited precedent opinion): Thomas Payne filed a civil rights lawsuit against the University of Southern Mississippi (the “University”) and several University officials in their official and individual capacities, …
Continue Reading
Previous131132133134135136137Next

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.

New York Office

© 2026 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice