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

Rule 37(c)(1) Sanctions: (1) Factors for Determining Whether Nondisclosure in Violation of Rule 26(a)(1) Was “Substantially Justified” or “Harmless” (Sixth Circuit Factors); (2) Nondisclosure in Violation of Rule 26(a) Causes No Surprise Where Evidence Consists of “Basic Math” Calculation Applied to Data in Documents in Movant’s Possession

House v. Player’s Dugout, Inc., 2024 U.S. App. LEXIS 3181, 2024 WL 495998 (6th Cir. Feb. 8, 2024): *1 This appeal arises from a jury verdict apportioning liability and awarding damages to both parties. Dr. Thomas House and the…
Continue Reading

(1) Rule 26(a) Disclosure Violation — Even If Non-Disclosure of Witness Was Neither Substantially Justified Or Harmless, Court Can Render It Harmless by Reopening Discovery to Allow Deposition; (2) “Good Cause” for Modification of Rule 16(b) Scheduling Order Provided by Nondisclosure of Witness in Violation of Rule 26(a); (3) Court Has Inherent Authority to Modify Scheduling Order Even in the Absence of “Good Cause”

Middlebrooks v. Equifax, Inc., 2024 U.S. App. LEXIS 3577, 2024 WL 631000 (11th Cir. Feb. 15, 2024): PER CURIAM: *1 Lillie Middlebrooks, proceeding pro se, appeals from the district court’s orders granting summary judgment in favor of Equifax, Inc.…
Continue Reading

Rule 11 Sanctions Reversed Under Demanding Plain Error Standard Where (1) Sanctions Motion Was Filed After the District Court Issued Its Decision, In Violation of Rule 11’s Safe Harbor (Rule 11(c)(2)) and (2) The District Court Failed to Describe The Offending Conduct And Furnish An Explanation for the Sanctions As Required by Rule 11(c)(6); (3) Good Quote: “Once an action is dismissed, a party may no longer move for sanctions under Rule 11”

Triantos v. Guaetta & Benson, LLC, 2024 U.S. App. LEXIS 2038, 91 F.4th 556 (1st Cir. 2024): After Deutsche Bank National Trust Company foreclosed on and sold his home, Nicholas Triantos sued various parties, including the law firm that…
Continue Reading

(1) Sanctions for Nonexistent Case (Generated by Artificial Intelligence) Cited to Court of Appeals: Referral to Grievance Panel and Disclosure of Opinion to Foreign Client, Translated; (2) Second Circuit Mistakenly Relies on Rule 11, Which Does Not Apply in Courts of Appeal, Rather Than FRAP 38, Inherent Power of the Court or Other Applicable Sanctions Power; (3) Rule 37 and Rule 41(b) Dismissal Factors (2d Cir.); (4) Collecting Local Rules Pertaining to Use of Artificial Intelligence in Court Proceedings

Park v. Kim, 2024 U.S. App. LEXIS 1996, 91 F.4th 610 (2d Cir. 2024): Per Curiam: Plaintiff-Appellant Minhye Park appeals from the August 25, 2022, judgment of the United States District Court for the Eastern District of New York…
Continue Reading

Rule 41(b) Sanctions: Dismissal for Single Failure to Attend Pretrial Conference Reversed — Pattern of Contumacious Conduct, Consideration of Lesser Sanctions, Warning Or, At Least<A Record Showing Relevant Factors Weight Required

Vivaldi Servicios de Seguridad, Inc. v. Maiso Grp., 2024 U.S. App. LEXIS 3461, 2024 WL 615605 (1st Cir. Feb. 14, 2024): *1 May a district court dismiss a case for counsel’s unexcused failure to appear at the final pretrial…
Continue Reading

Experts: Opinion Based on Specified Literature Properly Excluded As Irrelevant After District Judge Read The Literature And Correctly Concluded It Did Not Say What The Expert Claimed — Correlation Is Not Causation

Md. Shall Issue, Inc. v. Anne Arundel Cnty., 2024 U.S. App. LEXIS 1499 (4th Cir. Jan. 23, 2024) Deaths by suicide have increased nationally over recent years, and now roughly 48,000 people die annually from suicide. And over 50% of…
Continue Reading

Federal Post-Judgment Interest Statute, 28 U.S.C. § 1961(c)(4), Applies to Adversary Proceedings in Bankruptcy, Unless a More Particular Provision of the Bankruptcy Code Dictates A Different Result (Issue of First Impression in Fifth Circuit)

Carmichael v. Balke (In re Imperial Petro. Recovery Corp.), 84 F.4th 264 (5th Cir. 2023): [*268]  Per Curiam: This appeal arises from an adversary proceeding in bankruptcy. We affirm in part, vacate in part, and remand. I. This litigation stems…
Continue Reading
Previous12131415161718Next

Recent Articles

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

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