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

Appeals — Court of Appeals May, But Generally Will Not, Affirm on Other Grounds Supported by Record But Not Considered by District Court — Inherent Power Sanctions Should First Be Sought in Lower Court

Zappulla v. Annucci, 2016 U.S. App. LEXIS 4089 (2d Cir. Mar. 4, 2016): Plaintiff Guy Zappulla appeals from a summary judgment award in favor of defendants Anthony J. Annucci and Carl Koenigsmann on Zappulla's claims that his Eighth and Fourteenth…
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Rule 11 & §1927 Sanctions Properly Imposed on Counsel for Violating Sham Affidavit Doctrine Despite Warnings in Prior Cases — Abuse of Discretion Doctrine “Is Not Appellant-Friendly” and Imposes a “Weighty Burden” (Good Quote)

Escribano-Reyes v. Prof’l HEPA Certificate Corp., 2016 U.S. App. LEXIS 5851 (1st Cir. Mar. 30, 2016): Carlos Escribano-Reyes's ("Escribano") discrimination and retaliation suit against his employer, Professional HEPA Certificate Corp. ("HEPA"), ended in summary judgment for HEPA and a sanction …
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Personal Jurisdiction — Is a Corporation’s Registration to Do Business in a State Sufficient to Support Personal Jurisdiction? — Circuit Split — In Any Event, Registration Is a Factor

Helsinn Healthcare S.A. v. Hospira, Inc., 2016 U.S. Dist. LEXIS 45826 (D.N.J. April 5, 2016): This patent infringement action arises from an Abbreviated New Drug Application ("ANDA") submitted by Defendant Hospira, Inc. ("Hospira") for approval from the United States Food …
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RICO: Filing False Court Docs ≠ Mail/Wire Fraud or Predicate Act — De Novo Review If Denial of Leave to Amend for Futility — Inability to State Claim in State Court, District Court or on Appeal = Futile — Sanctions Not Moot Because Case Dismissed

Nero v. Mainstreet Inv 1, LLC, 2016 U.S. App. LEXIS 4368 (11th Cir. Mar. 9, 2016)” Franklin J. Nero, Sr., has filed a pro se appeal of the district court's dismissal of his complaint alleging violations of the federal Truth…
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Sanctions Cannot Be Avoided by Filing Bankruptcy — Default Judgment Based on Failure to Pay Sanction (Imposed for Violation of Pretrial Order) Upheld — Res Judicata Attaches to Default Entered for Unpaid Sanctions

In re Leonard (Leonard v. RDLG, LLC), 2016 U.S. App. LEXIS 5815 (6th Cir. Mar. 28, 2016): After Appellant Fred M. Leonard, Jr. filed for bankruptcy, Appellee RDLG, LLC initiated an adversary proceeding to have one of his debts–the result …
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Federal Jurisdiction: Extremely Frivolous Federal Question Claims, Even If Not Delusional, Won’t Support Jurisdiction (Mere Failure to State Claim Not Frivolous Enough) — RICO: 21-Month Scheme with Only a Single Victim ≠ Continuity

Antonacci v. City of Chicago, 2016 U.S. App. LEXIS 5004 (7th Cir. Mar. 18, 2016): For a little less than a year, Louis Antonacci worked on an at-will basis as a staff attorney at the firm of Seyfarth Shaw LLP.…
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Facebook Authentication via Testimony Witness Went to Page Assigned to Alias Used by Defendant Gang Member, There Was No Claim the Page Wasn’t Defendant’s & No Evidence Anyone Else Made Postings — All Statements = Admissions

People v. McMahen, 2016 Mich. App. LEXIS 637 (Mich. Ct. App. Mar. 29, 2016): Defendant appeals as of right his jury trial conviction of first-degree premeditated murder, MCL 750.316(1)(a). Defendant was sentenced to a term of life imprisonment. For the…
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Monetary Sanctions under Bankruptcy Code §105(a) for Violating Court Orders May Include the Costs of Investigating the Misconduct, Even If It Focused on Conduct for Which No Sanctions Are Ulimately Imposed

In re Herman (Houston v. Welt), 2015 U.S. App. LEXIS 22719 (11th Cir. Dec. 28, 2015): Attorney Bart Houston appeals the district court's affirmance of a bankruptcy court order imposing sanctions on him. Houston formerly served as counsel for…
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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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