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

Abuse of Discretion Is a “Nonpejorative Term of Art” (Good Quote) — Injunctions: No Irreparable Harm (1) If Plaintiffs Can Be Fully Compensated by Money for Ongoing Alleged Losses During Case & (2) from Money, Time, Energy Spent Absent Injunction

Allstate Ins. Co. v. Harvey Family Chiropractic , 2017 U.S. App. LEXIS 1474 (2d Cir. Jan. 27, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the District Court be and…
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RICO: Attorneys for & Employees of Corp. in Privity & Protected by Res Judicata Where Prior Case Was against Corp. — Dismissal Motion before Appearing OK If Motion Litigated, No Prejudice — OK to Raise Affirmative Defense of Res Judicata on 12(b)(6)

Lewis v. O’Donnell, 2017 U.S. App. LEXIS 85 (3d Cir. Jan. 4, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Charlesworth Lewis appeals from…
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Texts [Emails] Admissible as Admissions If Recipient Testifies They Came from a Party — Rule 403 Balance Viewed in Light Most Favorable to Proponent — A “Continuing Objection” on One Ground Doesn’t Preserve Error on Others

State v. Thompson, 2016-Ohio-7521; 2016 Ohio App. LEXIS 4384 (Ohio Ct. App. Oct. 28, 2016): [*P1]  Craig Thompson appeals from his conviction for complicity to commit burglary. Finding no error, we affirm. I. Background  [*P2]  In March 2013, Thompson was…
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Inherent Power Sanctions: Oral Sua Sponte Denial of Attorney’s Fees Denies Due Process —Texas’ Zachry Rule Only Bars Contractual Exemption from Tort/Contract Liability That Would Insulate Party from Deliberate, Wrongful Conduct

In re Dallas Roadster, Ltd. ITex. Capital Bank N.A. v. Dallas Roadster, Ltd.), 2017 U.S. App. LEXIS 802 (5th Cir. Jan. 17, 2017): This case comes to us after more than five years of litigation over loan agreements between a …
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Rule 11 Standard Stringent Because Sanctions Discourage Resort to Courts, Spawn Satellite Litigation, Increase Tension among Bar and between Bench & Bar (Good Quote) — Immaterial Disparities between Pleadings & Discovery (Falsehoods) Not Sanctionable

Moeck v Pleasant Valley Sch. Dist., 2016 U.S. App. LEXIS 23186 (3d Cir. Dec. 23, 2016): Pleasant Valley School District (the "School District") appeals the District Court's order denying its motions for sanctions pursuant to Fed. R. Civ. P. 11 …
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Rule 11 & Inherent Power — Grant of Leave to Amend Does Not Immunize Prior Pleading from Sanctions — Even If Claim Arises under Statute Allowing Fee-Shifting , Rule 11 Standards Don’t Change — Must Prove Actual Inability to Pay

Keister v. PPL Corp., 2017 U.S. App. LEXIS 1518 (3d Cir. Jan. 27, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Ernest Keister appeals the District…
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A District Court’s Discretion Is Limited When the Imposition of Sanctions Is Tantamount to Dismissal (Good Quote) — Court Must Find Willfulness, Bad Faith or Fault and Consider Lesser Sanctions (9th Circuit)

Caltex Plastics, Inc. v. Shannon Packaging Co., 2016 U.S. App. LEXIS 22204 (9th Cir. December 14, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Caltex Plastics, Inc.…
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Facebook & Twitter Authentication: Facebook Conversations’ Content Same as Oral Threats + Affidavit from Facebook Custodian That Automated Systems Captured Them when Transmitted — Twitter Content + Pictures + Username

MTV v. State, 2016 Ind. App. LEXIS 461 (Ind. Ct. App. Dec. 22, 2016): Case Summary P1 M.T.V. appeals his adjudication of delinquency for Conspiracy to Commit Aggravated Battery, a Level 3 felony if committed by an adult.1 We affirm.…
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Recent Articles

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

nherent 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?

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

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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