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

District Courts Must Generally Follow Their Own Local Rules (Good Quote) — No Sanctions for Conduct Consistent with Local Rules — If Order Is Reversed, Are Sanctions Imposed for Violating It Necessarily Reversed? — Not Always

Drone Techs., Inc. v. Parrot S.A., 2016 U.S. App. LEXIS 17643 (Fed. Cir. Sept. 29, 2016): Parrot, S.A. and Parrot, Inc. (collectively, "Parrot") appeal from the final judgment of the United States District Court for the Western District of Pennsylvania …
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Arbitration — Refusal to Grant Continuance Sought by Both Parties Not Per Se Ground for Vacatur under FAA §10(a)(3) (vacatur for “misconduct in refusing to postpone the hearing”) — Arbitrator May Consider Own Convenience & Need for Expedition

CM S.E. Texas Houston, LLC v. CareMinders Home Care, Inc., 2016 U.S. App. LEXIS 18218 (11th Cir. Oct. 7, 2016): PER CURIAM: CareMinders Home Care, Inc. appeals the district court's confirmation of an arbitration award in favor of plaintiffs CM …
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Inherent Power Sanctions — Failure to Provide Opportunity to Be Heard Requires Vacatur of Sanction (Dismissal of Prisoner Action after Shard of Glass Found in Envelope to Court But Prisoner Denies Responsibility)

Birdo v. Urbanosky, 2015 U.S. App. LEXIS 18632 (7th Cir. Oct. 23, 2015): Kevin Birdo, an Illinois inmate, broke a finger in August 2012. By his account the prison medical staff waited three weeks before treating the injury and then,…
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Judicial Notice of Internet Evidence — Email Referred to in Complaint — Extensive Reliance on Wikipedia and Investopedia for Understanding of Complex Financial Instruments and Transactions in Deciding In Limine Motion

SEC v. Goldstone, 2016 U.S. Dist. LEXIS 72648 (D. N.M. June 3, 2016): MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Plaintiff Securities and Exchange Commission's Motion in Limine Regarding KPMG, filed March 17, 2016 (Doc. 390)("Motion"). …
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Sanctions — 7th Circuit Overrules Precedent, Holds Non-Monetary Sanction Appealable — Itemizes Harms from Findings — Absence of Appellee Doesn’t Affect Appealability — Settlement of Attorney’s Fees Doesn’t Moot Sanctions

Martinez v. City of Chicago, 823 F.3d 1050 (7th Cir. 2016): The principal question presented by this appeal is whether an order by a district court imposing a sanction on a lawyer for misconduct in a case before the court …
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Removal: Second Removal Notice May Be Entertained Only If There Has Been a Change of Circumstances Such That It Is Based on a New and Different Ground — Does This Rule Apply in CAFA Cases?

Taylor v. Cox Commc’ns Cal., LLC, 2016 U.S. Dist. LEXIS 65656 (C.D. Cal. May 18, 2016): I. INTRODUCTION AND BACKGROUND This wage-and-hour class action was filed by Plaintiff Bill Taylor against Defendants Cox Communications California, LLC and Cox Communications, Inc.…
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Inherent Power Sanctions — Barring Victim Who Defrauded Court-Supervised Settlement Fund from Collecting More and Ordering Return of All Received — Opportunity to Respond in Writing Satisfies Due Process — Implicit Inherent Power Sanction

In re Deepwater Horizon, 2016 U.S. App. LEXIS 6468 (5th Cir. Apr. 8, 2016): In 2014, Special Master Louis J. Freeh filed a motion with the district court overseeing the Deepwater Horizon settlement fund to have Capt Jay, LLC, and…
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RICO: Pyramid Scheme Is Per Se a Predicate Act — Foreseeability & Inference-Based Causation Theories — Class Actions: Plaintiff Needn’t Show Reliance on Mail Fraud, So No Individual Issues Preclude Finding Predominance

Torres v. S.G.E. Mgmt., LLC, 2016 U.S. App. LEXIS 17746 (5th Cir. Sept. 30, 2016) (en banc): The Plaintiffs-Appellees brought a civil action under the Racketeer Influenced [*3]  and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, alleging that Stream…
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Recent Articles

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 Propoerty 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?

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

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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