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

Judicial Notice of Internet Evidence — Legal Organization of Putative Entities from Government Party’s Website — Analysis May Encompass Notice of Any Party’s Website for This Purpose

Burris v. Nassau Cnty., 2015 U.S. Dist. LEXIS 166428 (E.D.N.Y. Dec. 11, 2015): The Moving Defendants seek summary judgment as to all claims against Defendants Nassau County Police Department, Nassau County Sheriff's Department and Nassau County Corrections Department,3 arguing …
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Inherent Power Sanctions — Suspension/Disbarment Require Clear &Convincing Evidence of Bad Faith, Attorney’s Fees Don’t — Misrepresentation in Defending Partner and Firm in Sanctions Hearing Sanctioned

White v. Regional Adjustment Bureau, 2016 U.S. App. LEXIS 1491 (5th Cir. Jan. 29, 2016) [updated opinion: 2016 U.S. App. LEXIS 7962] (Note: a related sanctions appeal is excerpted in the posting dated February 11, 2016; both raise the same…
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Sanctions — Appellate Jurisdiction over Inherent Power Suspension While Attorney’s Fees Unset — Independent Counsel to Pursue IP Sanction If Suspension, Disbarment Possible — Abuse of Discretion Review With a Careful Eye (Good Quote)

White v. Regional Adjustment Bur., Inc., 2015 U.S. App. LEXIS 21023 (5th Cir. Dec. 1, 2015): The underlying dispute in this case concerned claims under consumer protection statutes by Dr. Timothy White, represented by Noah Radbil, against Regional Adjustment Bureau,…
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Collateral Order Doctrine Does Not Permit Appeal of Denial of Motion to Dismiss on Ground Claims Belong in Another Forum (Here, Administrative) — Good Lists of Cases That Collateral Order Doctrine Does, and Does Not, Apply to

Fischer v. NY St. Dept. of Law, 2016 U.S. App. LEXIS 1979 (2d Cir. Feb. 5, 2016): Plaintiff-appellee Carol Fischer is pursuing in the United States District Court for the Southern District of New York a claim against defendant-appellant, her …
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Rule 11 Sanctions — Vexatious Litigant Restrictions Imposed on Pro Ses Who Filed 3rd Case after 2 Dismissed as Not Properly in Federal Court — Bad Faith Not Essential — OK to Rely on Filings in Other (State) Court to Find Current Filing Sanctionable

Preston v. CitiMortgage, Inc., 2016 U.S. App. LEXIS 190 (10th Cir. Jan. 7, 2016): Isaiah Preston, Jr. and Donetta Preston appeal from the district court's dismissal of their federal lawsuit and imposition of filing restrictions. [*2]  Exercising jurisdiction under 28…
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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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