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

RICO: If Enterprise’s Business Is Primarily Racketeering Activity (e.g., Crime Family), Horizontal Relatedness Shown by Linking Acts to Enterprise — Otherwise, HJ Factors Must Be Applied

Reich v. Lopez, 2017 U.S. App. LEXIS 9172 (2d Cir. May 26, 2017): Plaintiff-Appellant Otto J. Reich is the principal of a (co-plaintiff) consulting firm specializing, inter alia, in fighting government corruption. He alleges that he and his firm were…
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Inherent Power Sanctions Apt in Court 1 for Wasting Judicial Resources by Litigating Claims Party Knows Court 2 Has Enjoined — Litigants Are Not Their Opponents’ Keepers (Good Quote) — Dismissal, $1.29 MM in Fees Excessive

In re Jemsek Clinic, PA (Blue Cross Blue Shield of NC v. Jemsek Clinic, PA), 2017 U.S. App. LEXIS 3853 (4th Cir. Mar. 3, 2017): In this case, the bankruptcy court imposed staggering sanctions on a creditor. It dismissed with …
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Rule 37 Sanctions for Spoliation — Default Judgment — Bad Faith Shown by Use of Cleansing Programs, Misrepresentations to the Court, Email Saying “They Were Supposed to Be Erased by the IT Department”

Organik Kimya v. Int'l Trade Comm’n, 2017 U.S. App. LEXIS 2623 (Fed. Cir. Feb. 15, 2017): Organik Kimya San. ve Tic., A.[#x15e]., Organik Kimya Netherlands B.V., and Organik Kimya US, Inc. (collectively, "Organik Kimya") appeal from the International Trade Commission's …
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Facebook Authentication — Page Authenticated as Defendant’s by Fact It Bears His Name (Misspelled), Photo, and Name of His Gang — 404(b) Not Implicated by Photo of Defendant Holding Gun Where Access to Gun at Issue — A Photo Is Not Hearsay

People v. Pettes, 2017 Mich. App. LEXIS 881 (Mich. Ct. App. May 25, 2017): Per Curiam. Defendant appeals as of right his jury trial convictions of second-degree murder, MCL 750.317, and possession of a firearm during the commission of a…
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Rule 37(c)(1) Sanctions: Exclusion of Witnesses for Failure to Disclose until Eve of Trial — Harmless Error Factors (6th Circuit) — Evidence: To Preserve Error on a Conditional Ruling, Counsel Must Object & Preserve Objection in Stipulated Judgment

Abrams v. Nucor Steel Marion, Inc., 2017 U.S. App. LEXIS 9323 (6th Cir. May 25, 2017): In this diversity class-action lawsuit alleging state-law claims of indirect trespass and nuisance,1 Plaintiffs-Appellants, [*3]  Randal Bush and Ronald Tolle (Plaintiffs), appeal several unfavorable…
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Attorney-Client Privilege — Crime Fraud Exception Requires Showing of Fraud Independent of the Documents Sought under the Exception — Spoliation: No Duty to Preserve Absent Reasonably Foreseeable Dispute

Stone Surgical, LLC v. Stryker Corp., 2017 U.S. App. LEXIS 9031 (6th Cir. May 24, 2017): This case arises out of the deterioration of a decade-plus employment relationship between Stryker Corporation and Christopher Ridgeway. Stryker, a medical-device manufacturing company, employed…
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Rule 37 Sanctions — Preclusion for Willful Violation of Discovery Order — “It Is Appropriate to Reject Lesser Sanctions Where Court Anticipates Continued Deceptive Misconduct” (Good Quote)

Amtrust Bank v. Lewis, 2017 U.S. App. LEXIS 7024 (9th Cir. April 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rex Lewis appeals the district court's…
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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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