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

Sanctions — Failure of Notice (Due Process) Harmless If Args. Addressed on Reconsideration — No Need to Consider Lesser Sanctions for Lying to Court As No One Needs to Be Warned About That — No Hearing Needed If Blatant Inconsistency (Good Quotes)

Ayoubi v. Dart, 2016 U.S. App. LEXIS 3983 (7th Cir. Feb. 11, 2016): Firas Ayoubi, a pretrial detainee at the Cook County Jail, sued several members of the jail's staff under 42 U.S.C. § 1983 for violating the Eighth Amendment…
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Judicial Notice of Internet Evidence — Bureau of Labor Statistics Survey on Website Is Self-Authenticating under 902(5) and Bears Distinctive Characteristics of Agency’s Website within 901

Rizo v. Yovino, 2015 U.S. Dist. LEXIS 163849 (E.D. Cal. Dec. 4, 2015): IV. EVIDENTIARY MATTERS A. Plaintiff's Request for Judicial Notice Plaintiff asks the Court to take judicial notice of the United [*12]  States Department of Labor Bureau of …
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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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Recent Articles

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?

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

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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