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

YouTube Admissibility — Video of Defendant with a Gun That, Based on Other Evidence, the Jury Could Reasonably Infer Was the Murder Weapon Was Relevant and Not Overly Prejudicial Even If Jury Concluded It Wasn’t the Murder Weapon

People v. Acosta, 2016 Cal. App. Unpub. LEXIS 7011 (Cal. Ct. App. Sept. 26, 2016): Defendant Anthony Paul Acosta shot David Slape once in the head and killed him for Slape's gold chain. Convicted of murder and robbery and sentenced …
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Rule 37 Sanctions — Repeated Efforts to Interfere with and Delay Discovery, Including Disregard of Court Order Directing Testimony at Deposition = Evidence of Bad Faith Sufficient to Support Default Judgment

Steffen v. Menhise (In re Steffen), 2016 U.S. App. LEXIS 16329 (11th Cir. Sept. 6, 2016): Terri Steffen, proceeding pro se in these three consolidated appeals, appeals the district court's order affirming the bankruptcy court's entry of default judgment in…
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Must Federal Courts Give Preclusive Effect to Unreviewed Determinations of Law Made by State Administrative Agencies? — Circuit Split — (Factual Findings Are Preclusive)

Buttaro v. City of New York, 2016 U.S. Dist. LEXIS 125965 (E.D.N.Y. Sept. 15, 2016): 1.Analysis 1.1. Collateral Estoppel Defendants argue that the ALJ's "factual determinations with respect to plaintiff's misconduct are afforded preclusive effect," and that as a result,…
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RICO: Corp. + 2 Officers + 3 Software Consultants + PR Firm ≠ Enterprise — Outsiders Lack Common Purpose & Corp. Indistinct from Officers — Even If No Reliance Needed in Omissions Case, Prox. Cause Still Essential

Ray v. Spirit Airlines, Inc., 2016 U.S. App. LEXIS 16269 (11th Cir. Sept. 2, 2016): In this civil RICO case, plaintiffs seek to represent a class of customers claiming that Spirit Airlines, Inc. ("Spirit") engaged in an elaborate criminal enterprise …
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Internet Evidence: Whois.com Printout ID’ing Website Owner Is Hearsay But OK on Summary Judgment — Right to SJ Must Be Proved Even if No Opp — Default Alone Insufficient for Default Judgment

Black Point Marine, LLC v. Black Fin Yacht Corp., 2016 U.S. Dist. LEXIS 127699 (M.D. Fla. Sept. 20, 2016): Introduction The original Black Fin Yacht Corporation ("Original-BFYC") was a boat manufacturing company that dissolved and was reestablished ("Old-BFYC"). Old-BFYC had…
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Recent Articles

§ 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

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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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