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

Inherent Power Sanctions — Dismissal for Failure to Comply with Court-Ordered Deadline to File Amended Complaint — No Bad Faith Evident or Required — Appeals: Matters Not Specifically Argued in Opening Brief Not Considered

Zochlinski v. Univ. of Cal., 2017 U.S. App. LEXIS 6783 (9th Cir. April 11, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Howard Alan Zochlinski appeals pro…
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RICO: Payment for Unnecessary Medical Treatment Constitutes Injury to Business or Property Even Though Personal Injuries and Pecuniary Losses Flowing from Them Do Not — CAFA: Federal Question Jurisdiction Trumps Local Controversy Exception

Blevins v. Aksut, 2017 U.S. App. LEXIS 3689 (11th Cir. Mar. 1, 2017): This case arises out of Defendant Doctor Seydi V. Aksut's alleged performance of unnecessary heart procedures. Two issues are on appeal. First, we must decide whether the …
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Rule 11 Sanctions: “Because the Rule Is Not Intended to Chill an Attorney’s Enthusiasm … Sanctions Are Reserved for the Exceptional Case” (Good Quotes) — Frivolous = Baseless + No Inquiry

Lima v. Deutsche Bank Nat’l Trust Co., 2017 U.S. App. LEXIS 6752 (9th Cir. April 19, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In these cases,…
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Sua Sponte Dismissal without Prejudice Failure to File RICO Case Statement, Even If Erroneous, Not Reversible If Plaintiff Had Time to Refile within SOL — Inherent Power Dismissal for Failure to Prosecute Reviewed with an Eye on Rule 41(b) Standards

Moskovits v Aldridge Pite, LLP, 2017 U.S. App. LEXIS 1199 (11th Cir. Jan. 24, 2017): Pro se plaintiff Alexander Moskovits filed a putative class-action suit in the Southern District of Florida against twenty-three defendants, alleging that defendants engaged in a …
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Inherent Power Sanctions — Frivolousness Alone Not Enough — Bad Faith Required, May Be Inferred — Disobedience to Court Is Key — Nightmare of Diversity Jurisdiction with LLCs (Good Quotes)

Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 U.S. App. LEXIS 4918 (11th Cir. Mar. 20, 2017): This case demonstrates the difficulty of applying established diversity jurisdiction principles to 21st-century business organizations. When determining citizenship of the parties for diversity …
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Supreme Court: Inherent Power Sanctions — Only Attorney’s Fees and Costs Incurred As a Result of the Misconduct Are Awardable — But-For Test — Substantial Discretion to Do “Rough Justice”

Goodyear Tire & Rubber Co. v. Haeger, 2017 U.S. LEXIS 2613 (U.S. April 18, 2017): In this case, we consider a federal court's inherent authority to sanction a litigant for bad-faith conduct by ordering it to pay the other side's …
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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.

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