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

Removal: Does Filing a Voluntary Cross Claim in State Court Waive Right to Remove? — Circuit Split — Letter from Plaintiff Forwarding Unsigned, Unfiled Stip Dismissing Only Non-Diverse Defendant Triggers 30-Day Removal Period

Boggs v. Harris, 2016 U.S. Dist. LEXIS 177154 (W.D. Pa. Dec. 22, 2016): I. Introduction Pending before the court is a motion to remand filed by plaintiffs Roy Boggs and Annette Boggs ("plaintiffs"). (ECF No. 5.) On June 28, 2016,…
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Rule 11 Sanctions—Even If Making Argument for Change in Law Is Futile Because Same Judge Has Rejected It in the Past, You Must Do So—Not Enough to Say You Plan to Appeal the Issue—No Duty to Anticipate/Respond to Affirmative Defense in Complaint

Foreman v. Wadsworth, 2016 U.S. App. LEXIS 22598 (7th Cir. Dec. 20, 2016): Anthony Foreman, who used to own a restaurant in Rockford, Illinois, brought this suit under 42 U.S.C. § 1983 and Illinois tort law. He alleged that a …
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Internet Evidence — Delaware Sup. Ct. Takes Judicial Notice Internet Searches Can Generate Reliable Info for Pleading Purposes (“As with Any Source of Information…The Internet Should Be Used with Care”) (Good Quote) — Derivative Pleading Rules

Sandys v. Pincus, 2016 Del. LEXIS 627 (Del. Sup. Ct. Dec. 5, 2016): I. This appeal in a derivative suit brought by a stockholder of Zynga, Inc. turns on whether the Court of Chancery correctly found that a majority …
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Rule 16(f)/37 Sanctions — Default for Lack of Preparation for Pretrial Conference & Failure to Pay Prior 16(f) Sanction — Discretion Narrows as Severity Increases — No Testimony Needed for Default — Absent Prejudice, Due Process Violation Harmless

RDLG, LLC v. Leonard, 2016 U.S. App. LEXIS 9390 (4th Cir. May 23, 2016): RDLG, LLC ("RDLG") sued Fred M. Leonard, Jr. ("Leonard"), raising state law fraud claims. The district court1 entered default judgment in RDLG's favor as a …
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Texts Authenticated by Fact They Were Sent to / from Person with Unusual Name Very Similar to Defendant’s and by Contents — Do You Have to Be An Expert to Testify as to the Meaning of Abbreviations/Slang Used in Texts?

Jones v. State, 2016 Md. App. LEXIS 806 (Ct. Spec. App. Sept. 16, 2016): After a jury trial held in October 2014 in the Circuit Court for Kent County, Aredelle Jones ("Jones") was convicted of robbery, second-degree assault, theft, first-degree…
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Arbitration — Does the FAA, Which Explicitly Provides Causes of Action to Compel & Confirm, Confer Subject Matter Jurisdiction over a Cause of Action to Vacate? — Circuit Split — If So, What Is the Statute of Limitations?

Cvoro v. Carnival Corp., 2016 U.S. Dist. LEXIS 164423 (S.D. Fla. Nov. 28, 2016): REPORT AND RECOMMENDATION THIS CAUSE comes before the Court on the Defendant's Motion to Dismiss Plaintiff's Complaint (DE# 8, 6/10/16). This matter was referred to the…
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Inherent Power Sanctions — Extrajudicial Misconduct: Prelitigation Accessing Adversary’s Privileged Materials, Then Lying About It — Dismissal: 4 Factors (Sixth Circuit) — What Is “Contumacious”? —Lying vs. Inconsistent Statements

Bradley J. Delp Revocable Trust v. MSJMR 2008 Irrevocable Trust, 2016 U.S. App. LEXIS 22430 (6th Cir. Dec. 16, 2016): Plaintiffs Bradley J. Delp Revocable Trust, dated January 8, 1992, as amended ("Delp Trust"), and Bradley J. Delp, individually and…
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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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