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

Do Iqbal and Twombly Apply to Affirmative Defenses? (Circuit Split) — Affirmative Defenses Fail If So Unrelated to the Claims As to Be Unworthy of Any Consideration (Good Quote)

Two Cases on the Circuit Split: 1.  Sodexo Mgmt., Inc. v. Benton Harbor Area Sch. Dist., 2016 U.S. Dist. LEXIS 26115 (W.D. Mich. Mar. 2, 2016): Initially, the parties' disagreement about the sufficiency of BHASD's affirmative defenses requires the Court …
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Class Actions — What Does Predominance Mean and How Is It Properly Analyzed? — Circuit Split — Can Subclasses & Issue Certification Help? — Another Circuit Split) — Impact of Damages on Predominance

Daye v. Community Fin. Serv. Ctrs., LLC, 2016 U.S. Dist. LEXIS 26539 (D. N.M. Feb. 9, 2016): There is little uniform guidance on how to assess when common issues predominate over individual ones. Moreover, there is currently a split of …
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RICO —Limitations Period Not Equitably Tolled by Criminal Investigation & FBI Agent’s Request Suit Not Be Filed — No Fraud by Defendants & No Extraordinary Circumstance Outside Plaintiff’s Control — Pending Criminal Litigation Distinguished

Farmer v. D&O Contractors, Inc., 2016 U.S. App. LEXIS 2811 (5th Cir. Feb. 18, 2016): Plaintiffs–Appellants Stephen Farmer, et al., filed a civil suit against Defendants–Appellees D & O Contractors, et al., [*2]  alleging violations of the Racketeer Influenced and…
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Rule 37 Dismissal for Disregard of Order Compelling Discovery: “We Weigh Not Only The Straw That Finally Broke The Camel’s Back, But All The Straws That The Recalcitrant Party Piled On Over The Course Of The Lawsuit” (Good Quote)

Muhammad v. City of Chicago, 2016 U.S. App. LEXIS 4551 (7th Cir. Mar. 11, 2016): Miykael Muhammad sued the City of Chicago and others for allegedly violating his civil rights during a traffic stop when a police officer forced him…
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Experts — Undisclosed Rule 702 Expert Testimony Barred under Rule 37(c)(1) Not Admissible under Rule 701 — Factors in Deciding Whether Supplementation after the Close of Expert Testimony Is Fair (Wyoming Supreme Court) (Good Quote)

Matter of the Paternity of HLG, 2016 Wyo. LEXIS 38 (Wyo. Sup. Ct. Mar. 11, 2016): [*P1]  JN (Mother) appeals from the district court's order granting RFSG (Father) custody of their son, HLG (the child). She claims the district court…
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Lawyer Representing Client in Prior Case thru Mediation & Settlement in Principle (But Not Agreement Drafting) Disqualified from Representing Adversary in Later Breach Case Where Intent at Issue — No Waiver Waiting 4 Months before Moving to DQ

Reading Int’l, Inc. v. Malulani Grp., Ltd., 2016 U.S. App. LEXIS 3311 (9th Cir. Feb. 25, 2016): Appellee The Malulani Group, Limited ("TMG") moves to disqualify counsel for appellant Reading International, Inc. ("Reading"), Bronster Fujichaku Robbins ("Bronster Firm"). TMG seeks…
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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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