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

Spoliation of Tangible Evidence — 11th Circuit Factors (Unchanged Post-37(e)), Available Sanctions — State Law Guidance — Ignoring Opponent’s Request to Inspect + Failing to Preserve on While Notice of Claim = Bad Faith

Oil Equipment Co., Inc. v. Modern Welding Co., Inc., 2016 U.S. App. LEXIS 17632 (11th Cir. Sept. 29, 2016): PER CURIAM: This is a products-liability case about an allegedly defective underground storage tank that began to leak. Plaintiff-Appellant Oil Equipment…
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What Is Conduct Unbecoming a Member of the Bar within FRAP 46(b)(1)(B)? — Standards — Factors Relevant to Deciding Whether Sanctions Apt — Range of Sanctions (Discipline) Available — The Vice of Misrepresentation to the Court

Greene v. Exec. Coach & Carriage, 2015 U.S. App. LEXIS 23218 (9th Cir. July 22, 2015): JUDGES: Before: Peter L. Shaw, Appellate Commissioner. OPINION ORDER On February 12, 2015, the court identified a false statement in the answering brief of …
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§ 1927 Sanctions Require More Than Negligence, Not Bad Faith (Circuit Split) — Repeating on Rule 59 Motion Args Previously Rejected Sanctionable — Discretion Means Range of Choices — That Other Courts Decided Differenrtly Irrelevant

U.S. ex rel. Hirt v. Walgreen Co., 2017 U.S. App. LEXIS 5245 (6th Cir. Mar. 23, 2017): PER CURIAM. After losing his qui tam lawsuit at the district court, Andrew Hirt, owner of Andy's Pharmacies, filed a Rule 59 motion …
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Pleading: May a Complaint Rely on Allegations in Another Complaint That Has Been Dismissed, Settled or Otherwise Not Resolved? — Case Law Split — (Does It Matter If the Govt. Filed It?) — Settlement Suggests Position at Least Colorable

In re Forcefield Energy Sec. Litig., 2017 U.S. Dist. LEXIS 54606, *29-30 (S.D.N.Y. Mar. 29, 2017): This putative securities class action is brought by shareholders of ForceField Energy Inc. ("ForceField") alleging violations of Sections 10(b) and 20(a) of the Securities…
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Sanctions: Knowingly Pursuing Frivolous Claim = Bad Faith — Inherent Power OK If Rule 11 Procedurally Barred — No Due Process If Fee Records Kept under Seal, Away from Offender — Disqualification Appeal Fails If Substitute Counsel Equally Good

Miccosukee Tribe of Indians of Fla. v. Cypress, 2017 U.S. App. LEXIS 7519 (11th Cir. April 28, 2017): PER CURIAM: Appellees Guy A. Lewis, Michael R. Tein, and their law firm, Lewis Tein P.L., move to correct our panel opinion,…
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Rooker-Feldman Bars Federal Claim If Relief Sought Is Vacatur of State Court Judgment (Here, Claim RICO Fraud Perpetrated on State Court) — There Must Be Independent Injury — Dismissal Must Be without Prejudice (No Jurisdiction)

Mains v. Citibank, N.A., 2017 U.S. App. LEXIS 5429 (7th Cir. Mar. 29, 2017): Eric Mains has been battling the impending foreclosure of his home for quite some time. Most recently, he brought an action in federal court raising various…
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RICO — Shareholder Lacks Standing to Sue If Losses Are Derivative of Corporation’s — Officer Who Signs Fraudulently-Induced Loan Documents Has No Claim Where Misrepresentations Made to Induce Corp. to Borrow

Blixeth v. Cushman & Wakefield of Colo., Inc., 2017 U.S. App. LEXIS 1943 (10th Cir. Feb. 3, 2017): *   This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral…
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Rule 11 Sanctions for Continuing to Assert Claims after Evidence Disproved Them — Avoiding Chilling Civil Rights Litigation Is a Valid Concern — So Is the Corrosive Effect of Frivolous Suits on Legitimate Civil Rights Cases — Good Quotes

Aldridge v. City of Warren, 2017 U.S. App. LEXIS 5085 (6th Cir. Mar. 20, 2017): This case involves the grant of summary judgment for defendants and the imposition of sanctions against plaintiff Joshua Aldridge arising out of a complaint that …
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YouTube Video Admissible Based on Contents + Testimony a YouTube Video Was Made — Hearsay: Offering a Product for Sale Is a Verbal Act — Experts/Daubert: Judge Not Factfinder, Credibility Assessor (Good Quotes) — Survey Admissibility

Carucel Invs. LP v. Novatel Wireless, Inc., 2017 U.S. Dist. LEXIS 50855 (S.D. Cal. April 3, 2017): *** Background On May 27, 2015, Plaintiff Carucel Investments, L.P. filed a complaint for patent infringement in the United States District Court for…
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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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