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

Bankruptcy Court May Issue § 1927 Sanctions (Circuit Split); $207K for Delaying Distribution, Eroding Estate; Sanctions from Complaint on OK; Objective Standard Used; Underlying Claim Can Be Legit; No Offset for Client Payment; Specificity Excused

In re Royal Manor Mgmt., Inc. (Grossman v. Wehrle), 2016 U.S. App. LEXIS 11018 (6th Cir. June 15, 2016): Dennis Grossman, an attorney who represented claimants pursuing a non-priority unsecured proof of claim in jointly administered Chapter 11 bankruptcy cases, …
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$1.5 Million § 1927 / Inherent Power Sanction Reversed — Claim Not Frivolous If Court of Appeals Previously Remanded to Allow Plaintiffs to Amend Complaint — No Evidence of Improper Purpose to Extract Settlement (Why Else Do People Sue?)

U.S. ex rel. Lee v. Corinthian Colleges, 2016 U.S. App. LEXIS 10455 (9th Cir. June 9, 2016): In case number 13-55700, Nyoka Lee and Talala Mshuja ("Relators") appeal the district court's dismissal of their amended complaint alleging violations of the …
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Inherent Power — Dismissal: Court Must Consider Lesser Sanctions & the Misconduct Must Interfere with the Rightful Decision of the Case — Default: Circuit’s Factors for Lifting Trump Local Rule Criteria

Figueroa v. Cnty. of L.A., 2016 U.S. App. LEXIS 10555 (9th Cir. June 10, 2016):  Sergeant Gonzalez appeals from the district court's denial of his motion for relief from default and the defendants appeal from the district court's grant of…
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Due Process Requires Notice of Rule, Conduct & Type of Sanctions under Consideration — Vexatious Litigant Injunction Rev’d for Barring Filing of Motions without Pre-Filing Review — No Recusal for Asking Party to Draft Order

Am. Bd. of Surgery, Inc. v. Lasko, 2015 U.S. App. LEXIS 8031 (3d Cir. May 15, 2015): Keith A. Lasko appeals pro se from the District Court's orders entering final judgment. We will affirm in part, vacate in part, and…
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§ 1927 Sanctions — After Loss, Filing Non-Frivolous 2d Suit in Wrong Forum for “Fresh Pair of Judicial Eyes” = Objective Bad Faith — This Is a Lawsuit in Search of a Viable Theory of Recovery (Good Quote) — Law of Case Is Discretionary

Boyer v. BNSF Rwy. Co., 2016 U.S. App. LEXIS 10021 (7th Cir. June 1, 2016): These consolidated appeals are successive to our decision in Irish v. BNSF Ry. Co., 674 F.3d 710 (7th Cir. 2012). See 7th Cir. Internal Operating…
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Rule 11 Sanctions Require Restraint — Deterrence vs. Direct Harm Caused — Arguments Not Raised below on Appeal (Factors) — Law of the Case & Reasons to Depart — High Evid. Bar for Fraud on Court

StreetEasy, Inc. v. Chertok, 2016 U.S. App. LEXIS 10235 (2d Cir. June 7, 2016): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellant Douglas Chertok, an attorney proceeding…
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No § 1927 Sanctions for Counterclaims — Explicit Finding of Bad Faith Required for Inherent Power — Quick Correction of Error Counters Finding Bad Faith — Contra Recidivism: Conduct in Other Cases ≠ Evidence of Bad Faith Here (Good Quote)

Glasser v. Blixseth, 2016 U.S. App. LEXIS 7939 (9th Cir. May 2, 2016): Christopher Conant ("Conant") appeals the district court's order granting sanctions against him for filing a frivolous [*2]  counterclaim on behalf of his client, Timothy Blixseth ("Blixseth"). We…
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Supreme Court: Judge May Rescind Jury Discharge Order, Re-Empanel — Inherent Power Must Be Reasonable Response to Problem & Can’t Contradict Rule or Statute — “All Judges Make Mistakes. (Even Us.)” — Good Quotes

Dietz v. Bouldin, 2016 U.S. LEXIS 3772 (U.S. June 9, 2016): In this case, a jury returned a legally impermissible verdict. The trial judge did not realize the error until shortly after he excused the jury. He brought the jury…
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New York — Privilege — Common Interest Exception Requires Pending or Anticipated Litigation — Common Legal Interests Arising out of Merger (Regulatory Approvals, Taxes, Benefits, Etc.) Not Enough — Federal Courts & Restatement to the Contrary

Ambac Assur. Corp. v. Countrywide Home Loans, Inc., 2016 N.Y. LEXIS 1649, 2016 NY Slip Op 04439 (N.Y. Ct. App. June 9, 2016): This discovery dispute involves certain attorney-client communications that defendant Bank of America Corporation and defendant Countrywide Financial …
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Recent Articles

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

nherent 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

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

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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