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 — Appellate Court’s Taking Notice of Ongoing Proceedings in Lower Court Is Consistent with Its Authority to Require Supplementation of the Record and to Issue a Writ for Such Records

Matter of MKT, 2016 OK 4; 2016 Okla. LEXIS 6 (Okla. Sup. Ct. Jan. 20, 2016): The district court ordered the transfer of a minor child, S.A.W., to a foster-adoption home that was in compliance with the Indian Child Welfare…
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Inherent Power Sanctions for Filing 3rd & 4th Amended Complaints That Added 131 Pages of Text and 402 Pages of Exhibits Stating No New Claims and Only Marginally Pertinent to Existing Claims — Also, No RICO Causation

Mack v. Delta Air Lines, Inc., 2016 U.S. App. LEXIS 706 (11th Cir. Jan. 15, 2016): Plaintiffs Olivia Jiheekim Mack ("Mack") and David Mack, proceeding pro se, appeal the district court's dismissal of Mack's amended complaint against Mack's employer, Delta…
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FRAP 38 Sanctions Not Lightly Invoked — Law Allows for Reasonable Disagreements (Good Quotes) — Mistaken Labeling of Motion as Rule 11 Forgiven — Ignored District Court Warning Case Was Unreasonable & Vexatious

CFE Grp., LLC v. FirstMerit Bank, N.A., 2015 U.S. App. LEXIS 22914 (7th Cir. Dec. 31, 2015): The principal question in this appeal is whether the district court correctly refused to enjoin a state court from adjudicating a case that…
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Supreme Court: Unaccepted Offer of Judgment or Contractual Offer Doesn’t Moot Case (Here, Class Action) — Does Deposit of Full Amount? — Must Liability Be Admitted? — Must Court Enter Judgment for Plaintiff?

Campbell-Ewald Co. v. Gomez, 2016 U.S. LEXIS 846 (U.S. Jan. 20, 2016): Is an unaccepted offer to satisfy the named plaintiff's individual claim sufficient to render a case moot when the complaint seeks relief on behalf of the plaintiff and …
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Inherent Power Sanctions — Dismissal for Fraud on the Court — Dismissal as the Reciprocal of Default Judgment — Fact That Preclusion of Plaintiff’s Testimony Would Lead to Dismissal Cited as Supporting Harsher Sanction

Secrease v. W. & S. Life Ins. Co., 2015 U.S. App. LEXIS 15441 (7th Cir. Aug. 25, 2015): This appeal is a reminder of a district judge's inherent power to impose the severe sanction of dismissal (on a plaintiff) or …
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Public Access to Motion Papers Hinges on Whether the Motion Is “More Than Tangentially Related to the Merits,” Not Whether It Is Dispositive (9th Cir. — 3 Opinions) — Other Circuits’ Case Law Reviewed

Center for Auto Safety v. Chrysler Grp., LLC, 2016 U.S. App. LEXIS 374 (9th Cir. Jan. 11, 2016): The Center for Auto Safety (CAS) appeals from the district court's order denying CAS's motions to intervene and unseal documents filed in…
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Removal — If Complaint Seeks Nonmonetary Relief, Notice of Removal Need Only Plausibly Allege That Amount in Controversy Exceeds $75,000 — Valuing Injunctive Relief from Plaintiff’s vs. Defendant’s Viewpoint (Circuit Split)

Heartland Mt. Airy of Cincinnati OH., LLC v. Johnson, 2015 U.S. Dist. LEXIS 18688 (S.D. Ohio Feb. 17, 2015): Federal courts have jurisdiction over actions between citizens of different states when the amount in controversy exceeds $75,000. 28 U.S.C. §…
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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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