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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Rule 37 Sanctions: How Mandatory Is the Mandate That the Court Must Order a Party Who Violates a Discovery Order to Pay the Fees and Expenses Incurred by the Other Side? — Sixth Circuit Splits on Issue

Lim v. Terumo Corp., 2015 U.S. App. LEXIS 23233 (6th Cir. April 2, 2015): Chang Lim, proceeding pro se, appeals the district court's grant of summary judgment in favor of the defendants in his action raising claims under Title VII…
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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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