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

Prejudgment Interest Can’t Be Denied on the Ground That the Verdict Is Generous Enough — That Gives Windfall to Defendant: An Interest-Free Loan — Difficulty in Calculating Is Not A Basis to Deny

Leonard v. Stemtech Int’l Inc., 2016 U.S. App. LEXIS 15565 (3d Cir. Aug. 24, 2016): Andrew Leonard, a stem cell photographer, and Stemtech International, Inc., a company that sells nutritional supplements through independent distributors, cross appeal various rulings in the…
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Voicemail Authentication: Self-Identification + Request to Return Call to Home Number of Self-Identifier + Contents of Message = Sufficient Circumstantial Authentication

Goodrich v. Director, 2016 U.S. Dist. LEXIS 111633 (E.D. Tex. July 21, 2016): Petitioner Joseph Glenn Goodrich, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas…
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Class Actions — Claims-Made Settlement: Is Benefit to Class the Amount Claimed or Amount Available to Be Claimed? — Circuit Split — Consumer Settlement with Clear Sailing & Kicker Clauses, and Fees Exceeding Amount Claimed, Upheld

Gascho v. Global Fitness Holdings, LLC, 822 F.3d 269 (6th Cir. 2016) (2-1 decision): **1 This case involves challenges to the settlement of a consumer class action. Amber Gascho and other Plaintiffs (collectively, “Plaintiffs”) sued Global Fitness Holdings, LLC alleging…
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RICO Complaint Must Allege Crimes — Civil RICO Conspiracy Can’t Be Based on Negligence — Res Judicata Bars RICO Claim Based on Same Nucleus as Prior Non-RICO Case — Federal Res Judicata Law Applies in Fed. Question Cases (State Law If Diversity)

Snow Ingredients, Inc. v. Snowizard, Inc., 2016 U.S. App. LEXIS 14977 (5th Cir. Aug. 15, 2016): As the seasons turn from spring to summer in New Orleans, locals know to expect familiar changes. The days get longer. The temperature rises.…
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Appealability — Denial of Summary Judgment Is Generally Interlocutory, Subsumed by Verdict, Unappealable — But a “Controversial Exception” Exists for “Purely Legal Issues” (Circuit Split)

Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 2016 U.S. App. LEXIS 14057 (7th Cir. Aug. 2, 2016): A. Facilitating a RICO Enterprise The racetracks did not properly preserve for appeal their argument that the evidence did not support…
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Rule 11 Sanctions Inapt Where Losing Claims “Not So Obviously Foreclosed by Precedent” As to Doom Them — Courts Should Be Cautious to Avoid Chilling Enthusiasm & Creativity of Counsel — Acts Before Administrative Agency Sanctionable Only by Agency

Snow Ingredients, Inc. v. Snowizard, Inc., 2016 U.S. App. LEXIS 14977 (5th Cir. Aug. 15, 2016): As the seasons turn from spring to summer in New Orleans, locals know to expect familiar changes. The days get longer. The temperature rises.…
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Spoliation — Three Purposes Underlying Adverse Inference Sanction — Lesser Sanctions OK Where No Intent to Spoliate, Lost Info Was Tangential, and Movant Was Not Diligent in Exploring Alternate Sources

Mazzei v. Money Store, 2016 U.S. App. LEXIS 12973 (2d Cir. July 15, 2016): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. Joseph Mazzei appeals from the judgment…
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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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