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

Sanctions—Appellate Review: “Deference Should Not Be Confused with Total Capitulation”—Rule 11 Does “Not Require Perfect Research or Utter Prescience” (Good Quotes) — Client Can’t Be Sanctioned for Flawed Legal Arguments

Eldridge v. Gordon Bros. Grp., LLC, 2017 U.S. App. LEXIS 12577 (1st Cir. July 13, 2017): PREFACE Today's case involves a moderately complex business dispute, rich with issues. On one side is plaintiff K's Merchandise Mart, Inc., which we call…
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Despite Cunningham, Sanction of Striking FSIA Defense (to Litigating at All) Is Immediately Appealable — It Is Also Beyond the Court’s Power — But Lesser Sanctions That Produce the Same Result Are OK

Funk v. Belneftekhim, 2017 U.S. App. LEXIS 11587 (2d Cir. June 29, 2017): In this action, originally filed in New York State court, plaintiffs Emanuel Zeltser and Vladlena Funk sue defendants Concern Belneftekhim [*2]  ("BNTK") and Belneftekhim USA, Inc. ("BUSA") …
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Facebook / Instagram Authentication — Just Because a Photo Appears on Social Media Doesn’t Mean You Have to Authenticate the Page or ID the Owner to Authenticate the Photo, If the Photo Itself Is the Relevant Evidence

United States v. Thomas, 2017 U.S. App. LEXIS 11781 (6th Cir. June 30, 2017): A jury convicted Jabron Thomas of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d); brandishing a firearm during a crime of violence, …
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Text, Twitter Authentication by Evidence Texts, Tweet Sent from Phone of Defendant, Who Knew Its Passcode; App Was Created with Email Address Using His Name; Phone Had Photo of Object in His Room — Not Hearsay But Admissions

Atkins v. Commonwealth, 2017 Va. App. LEXIS 160 (Va. Ct. App. July 5, 2017): Hassan Christopher Atkins appeals his convictions for three counts of breaking and entering and three counts of grand larceny, in violation of Code §§ 18.2-89 and…
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Sanctions for Violating Local Rule (Conduct Unbecoming Member of the Bar), Unlike Inherent Power Sanctions, Don’t Require Bad Faith Finding — Appeals Court May Consider Supplemental D.Ct. Memo Explaining Order on Appeal

In re Hermesmeyer, 2017 U.S. App. LEXIS 7758 (5th Cir. May 2, 2017): *   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 limited circumstances…
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§ 1927 Sanctions on Appeal Potentially Apt for Misuse of Motion to Strike Seeking Excision of Arguments — Arguments Should Be Addressed in Merits Brief, and Motion to Strike Is Not Vehicle for Extra Pages

Reeser v. Henry Ford Hosp., 2017 U.S. App. LEXIS 10433 (6th Cir. June 8, 2017): Plaintiff Natalie Reeser appeals the district court's order granting in part and denying in part her motion for attorneys' fees. Reeser sought $315,133.32 in fees…
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Texts Authenticatable Circumstantially (Testimony, Corroborative Facts, Distinctive Characteristics, Process, Etc.) — Testimony re Use of Cellebrite≠Expert Evidence — Mention of Name≠Hearsay — Must Try to ID/Locate Unidentified Texters

State v. Moss, 2017 Del. LEXIS 271 (Del. Sup. Ct. June 28, 2017): This 28th day of June 2017, upon consideration of the briefs and record on appeal, it appears to the Court that: (1) Malik J. Moss ("Moss") appeals…
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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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