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 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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Inherent Power/§1927 Sanctions Imposed for Ethical Violation — Model Rule 4.3 Governing Contact with Unrepresented Persons — $28,000 Monetary Sanction for Deceiving Lay Person into Cooperating, Defaulting

Daniel v. Marino, 2016 U.S. App. LEXIS 21828 (3d Cir. Dec. 8, 2016): Songwriter Daniel Marino appeals the district court's grant of summary judgment in favor of the defendants in his copyright infringement suit.1 The district court found that, because…
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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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