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: Policy with Exclusion for Sanctions Not Triggered by Contempt Motion for Fees Because It Seeks Compensation as a Punishment — Would Coverage Exist If Motion Sought Fees from Insured (Firm) Indirectly Due to Conduct of Its Lawyers?

Jones, Foster, Johnston & Stubbs, PA v. Prosight-Synicate 1110 at Lloyd's, 2017 U.S. App. LEXIS 2550 (11th Cir. Feb. 14, 2017): This appeal concerns whether professional liability insurer ProSight-Syndicate 1110 at Lloyd's ("ProSight") was contractually obligated to defend several attorneys …
Continue Reading

Rule 11 & § 1927 Sanctions: Court Abuses Discretion When No Reasonable Person Would Agree with It (7th Cir.)—Failure to Disclose Named Plaintiff Is Member of Firm Representing Her Borderline But Failure to Sanction ≠ Abuse of Discretion

Blow v. Bijora, Inc., 2017 U.S. App. LEXIS 7926 (7th Cir. May 4, 2017): In May 2011, Nicole Strickler brought this class-action lawsuit against Chicago-based retailer Bijora, Inc., doing business as Akira.1 Strickler was later replaced as named plaintiff by …
Continue Reading

Judicial Notice of Internet Evidence: Federal Court May Take Judicial Notice of Another Court’s Website As Well As Public Records and Government Documents Available from Reliable Sources on the Internet

Flores v. Smith, 2017 U.S. Dist. LEXIS 67059 (E.D. Mich. May 3, 2017): *** Petitioner pled guilty [*2]  to forgery in the Lenawee Circuit Court in 2013. He was sentenced as indicated above on October 4, 2013. According to the…
Continue Reading

Rule 11 Sanctions: Where One of Two Jointly Sanctioned Pays Full Award, Appeal by Other Is Moot (Query Why Award as to Appellant Wasn’t Vacated on Due Process Grounds Since Appellant Lost Right to Be Heard)

Laney v. Slaten, 2017 U.S. App. LEXIS 7692 (11th Cir. May 1, 2017): PER CURIAM: Victoria Laney appeals the district court's dismissal of her claims against Jill Rygh,1 Southwest Property Management of Central Florida, Robert McKey, and The Hammocks Homeowner's…
Continue Reading

Securities — Investment Contract Factors — Investor’s Duties Must Be Nominal — RICO — Conspiracy Falls with Substantive Claim (9(b)) — No Error in Failing to Grant Leave to Amend Sua Sponte Except in Civil Rights Case

NE Revenue Servs., Inc. v. Maps Indeed, Inc., 2017 U.S. App. LEXIS 6262 (3d Cir. April 12, 2017): *   This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. The…
Continue Reading

Experts: Under Daubert, Court Evaluates Methodology, Not Conclusion — Reliance on Other Expert — Substantial Justification/Harmless Error Factors — Where Supplemental Opinion Decreases Damages, Opponent Not Impermissibly Blindsided

Bresler v. Wilmington Trust Co., 2017 U.S. App. LEXIS 6880 (4th Cir. April 20, 2017) (majority opinion): In this appeal, we consider breach of contract claims brought by Fleur Bresler (Fleur) and her son, Sidney Bresler (Sidney) (collectively, the plaintiffs), …
Continue Reading

Hearsay: Email Proposing to “Get Aggressive” with Counterparty Is a Non-Hearsay Proposal to Perform an Act — Email from Counsel Identifying Strength of Opponent’s Position Claim Offered for Notice, Not Truth

O&M Llc v. Aldridge Pite Llp, 2017 Cal. App. Unpub. LEXIS 2982 (Cal. Ct. App. April 28, 2017): Aldridge Pite LLP, successor by merger to Pite Duncan, LLP and Diane Elizabeth Bond (collectively Pite) appeal from an order denying their …
Continue Reading

Facebook Admissibility — Posts Determined to Be Present Sense Impressions (PSIs) from Their Text — Failure to Particularize Hearsay Objection to Parts of Those Posts That Were Not PSIs Forfeits Objection

Wilkinson v. State , 2017 Tex. App. LEXIS 3808 (Tex. Ct. App. April 27, 2017): Appellant Jeffrey Lynn Wilkinson appeals from his misdemeanor conviction for assault involving family violence. After a jury found appellant guilty, the trial court assessed his…
Continue Reading
Previous141142143144145146147Next

Recent Articles

§ 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

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice