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

Arbitration: Federal Court Has Jurisdiction under FAA to Review Award If Court Would’ve Had Jurisdiction Over Dispute But For Arb. Agreement (Look-Through Approach)—Arbitrators’ Failure to Follow Rules—Statutory Interpretation Quotes

Doscher v. Sea Port Grp. Secs., LLC, 2016 U.S. App. LEXIS 14767 (2d Cir. Aug. 11, 2016): This case arises from the dismissal of a petition to vacate an arbitral award pursuant to section 10 of the Federal Arbitration Act…
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Hearsay: Letter from 3d Party’s Counsel Isn’t Business Record of 3d Party or of Recipient (Good Quotes) — Spoliation: No Adverse Inference Absent Proof Records Existed or Were Lost after Notice; Tangible vs. ESI Standards (6th Cir.)

Applebaum v. Target Corp., 2016 U.S. App. LEXIS 14049 (6th Cir. Aug. 2, 2016): Cycling and gravity have an uneasy relationship, as anyone who rides eventually learns. There are many ways, too many ways, to fall. A slick surface, an…
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Class Actions—After Trial, Pre-Judgment, Court May Decertify, Must Defer to Jury Findings Unless Clearly Wrong—No 7th Amendment Problem: Absent Class Members Rights Preserved—Appeals Court Has Discretion to Consider Waived Arguments

Mazzei v. Money Store, 2016 U.S. App. LEXIS 12994 (2d Cir. July 15, 2016): Plaintiff-appellant Joseph Mazzei initiated a class action against The Money Store et al., alleging, inter alia, overcharge of late fees on mortgages, and prevailed in a…
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Rule 37(b) Sanctions — Striking Personal Jurisdiction Defense for Failure to Provide Jurisdictional Discovery in Violation of Court Orders — Seeking Foreign Court Order Barring Discovery = Evidence of Bad Faith

Chevron Corp. v. Donziger, 2016 U.S. App. LEXIS 14552 (2d Cir. Aug. 8, 2016): Defendants-appellants Steven Donziger, Donziger & Associates, PLLC, and the Law Offices of Steven R. Donziger (collectively the "Donziger Firm" or "Firm"), and defendants-appellants Hugo Gerardo Camacho…
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Rule 37 Sanctions — $8.8 Million Default Judgment for Defiance of Discovery Orders — 2d Circuit Factors for Entry of Default as Sanction — Waiver vs. Forfeiture of Personal Jurisdiction Defense — Judgment Must Explicitly Be Labeled As Such

Roberts v. Bennaceur, 2016 U.S. App. LEXIS 14365 (2d Cir. Aug. 5, 2016): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED. This case arises from a former business relationship…
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RICO: Equitable/Injunctive Relief Available (Circuit Split) — Imposition of Wrongful Debt (Judgment), Attachment, and Legal Fees Paid by Def. or Earned by Pl’s Counsel = RICO Injury If Caused by Violation — Quantifiability & Injunctive Relief

Chevron Corp. v. Donziger, 2016 U.S. App. LEXIS 14552 (2d Cir. Aug. 8, 2016): Defendants-appellants Steven Donziger, Donziger & Associates, PLLC, and the Law Offices of Steven R. Donziger (collectively the "Donziger Firm" or "Firm"), and defendants-appellants Hugo Gerardo Camacho…
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Jurisdiction & Sanctions Post-Judgment, Pending Appeal: District Court May Enter Protective Order over Case Materials, Enter Sanctions, But Magistrate Judge May Only Issue R&R, Not Decide Post-Trial Motion That = Pretrial Motion under §636(b)(1)(A)

Springs v. Ally Fin’l Inc., 2016 U.S. App. LEXIS 13584 (4th Cir. July 26, 2016): Venus Yvette Springs appeals the district court's order affirming the magistrate judge's order modifying a prior protective order (No. 15-1244) and the court's order denying…
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Privilege/Work Product — Document May Be Work Product Even If (1) Not Prepared in Anticipation of a Specific Claim and (2) It Also Serves Non-Adversarial Purposes, As Long As It Was Prepared Because of the Prospect of Litigation

Nat’l Ass’n of Criminal Defense Lawyers v. U.S. Dept. of Justice, 2016 U.S. App. LEXIS 13141 (D.C. Cir. July 19, 2016): The National Association of Criminal Defense Lawyers submitted a request under the Freedom of [*2]  Information Act to obtain …
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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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