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

Rule 37 Sanctions — Prevailing Party Ordered to Pay $135,000 in Attorney’s Fees for Discovery Violations — Meet-and-Confer Requirement Satisfied in Part by Email Communications and Calls

Houston v. C.G. Security Servs., Inc., 2016 U.S. App. LEXIS 7473 (7th Cir. Apr. 25, 2016): This appeal arises out of a lawsuit brought by plaintiff-appellee Angel Houston, who sustained injuries from a fall during a New Year's Eve party…
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Supreme Court — Jurisdiction under §27 of Exchange Act = §1331 Arising Under: Either Federal Law Creates Claim or Grable — Use of 1927-1933 Dictionaries to Construe 1934 Statute — Good Quote on State Court Comity

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 2016 U.S. LEXIS 3049 (U.S. May 16, 2016): Section 27 of the Securities Exchange Act of 1934 (Exchange Act), 48 Stat. 992, as amended, 15 U. S. C. §78a, et seq., …
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Motions to Dismiss — Mere Mention of Document in Complaint Doesn’t Make It Integral or Usable on 12(b)(6) Motion — Reference to Another Lawsuit Doesn’t Incorporate All Litigation Documents — RICO Untimeliness Dismissal Reversed

Goel v. Bunge, Ltd., 2016 U.S. App. LEXIS 7678 (2d Cir. Apr. 28, 2106): Plaintiffs-appellants Vikas Goel and Rainforest Trading Ltd. (jointly, "plaintiffs") appeal August 7, 2015 and August 27, 2015 judgments of the United States District Court for the …
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Facebook Authentication Insufficient — Expert Pulled Metadata from One Side of Chat But, Because Conversants Were No Longer “Friends” Then, Data Showed Unknown Account as Source of Messages — Expert Admits Messages Could’ve Been Altered

Adoption of Nash, 2016 Mass. App. Unpub. LEXIS 520 (Mass. Ct. App. May 12, 2016): The mother appeals from a decree issued by a judge of the Juvenile Court determining that the best interests of her son, Nash, would be …
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Service of Process: Rule 4(d) Does Not Impose Duty to Pay Costs on Foreign Party Who Declines to Accept Service — Sanctions: No FRAP 38 or § 1927 Sanctions for Appeal That Is Weak But Not Frivolous

Cox v. Koninklijke Philips, NV, 2016 U.S. App. LEXIS 8688 (6th Cir. May 9, 2016): Former employees at a glass and bulb manufacturing plant brought this action against their employer, Philips Electronics North America Corporation ("Philips"), and its Dutch parent…
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Inherent Power Sanctions: Plaintiff’s Testimony That He Visited & Photographed Premises, When In Fact His Lawyer Did, Leading to over 100 Revisions on Dep Errata Sheet = Bad Faith, Leads to Dismissal

Vogel v. Tulaphorn, Inc., 2016 U.S. App. LEXIS 2916 (9th Cir. Feb. 17, 2016): Martin Vogel and his attorney Lynn Hubbard III appeal the district court's order granting terminating sanctions.1 We affirm. 1   Vogel additionally appeals the district court's orders…
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Wayback Machine — Rejecting Multiple Arguments Against Admissibility — Accepting Butler’s Testimony & Taking Judicial Notice — Even If Wayback Machine Doesn’t Always Capture All Info on a Site, It Never Adds Info That Wasn’t on the Site

Marten Transport, Ltd v PlattForm Advertising, Inc., 2016 U.S. Dist. LEXIS 57471 (D. Kan. Apr. 29, 2016): By this Memorandum and Order, the Court overrules defendant PlattForm's written objection to plaintiff Marten's designation of deposition testimony by Christopher Butler (Doc. …
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Sanctions: $75 Million Default Jmt for Discovery Violations — Jurisdiction vs Merits — If Court Has Jurisdiction, It Has Inherent Power to Impose Civil Contempt — Law of the Case on Appeal: Failure to Raise Issue on Prior Appeal = Waiver

Angiodynamics v. Biolitiec AG, 2016 U.S. App. LEXIS 8443 (1st Cir. May 6, 2016): Defendants, who violated a preliminary injunction, appealed the resulting civil contempt order entered by the district court. The contempt order included a civil arrest warrant and…
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Federal Court Clerks Have Absolute Quasi-Judicial Immunity from Damages when Performing Tasks Integral to the Judicial Process unless They Act in the Clear Absence of All Jurisdiction

Cobb v. JPMorgan Chase Bank N.A., 2015 U.S. App. LEXIS 2867 (9th Cir. Feb. 26, 2015): The district court properly dismissed Cobb's claims against the federal court defendants because they are entitled to quasi-judicial immunity. See Mullis v. U.S. Bankr.…
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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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