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

Rule 37(c)(1) Sanctions — Failure to Disclose Important Conversation in Complaint or Response to Interrogatory Leads to Exclusion When Offered on Summary Judgment (and to Loss on Summary Judgment) — Particularly Wide Latitude Given 37(c)(1) Sanctions

Oyarzo v. Turner, 2015 U.S. App. LEXIS 22718 (9th Cir. Dec. 28, 2015): 3. We affirm the district court's grant of summary judgment for board members Darlene Hutchins and Joseph Turner on Oyarzo's First Amendment claim that they deterred him…
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RICO — Fraud-Based Conspiracy Must Meet 9(b) — Can’t Create Specificity by “Page-Number Shock & Awe” — Mere Hint of Tribal Law Doesn’t Defeat Fed. Jur. — One Person’s Nefarious Acts Don’t Define Enterprise (Good Quotes)

Miccosukee Tribe of Indians of Fla. v. Cypress, 2015 U.S. App. LEXIS 22518 (11th Cir. Dec. 22, 2015): Plaintiff Miccosukee Tribe of Indians of Florida (the "Tribe") appeals from two orders and a final judgment in a fraud-and-embezzlement-related RICO suit…
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No Mandamus to Review Order Compelling Fifth Amendment Materials in Tax Case — Post-Judgment Appeal Enough — Entertaining Opinion on Differing Approaches to Marijuana Industry Taken by DOJ (No Prosecution) & IRS (No Deductions)

Feinberg v. Comm’r of Internal Revenue, 2015 U.S. App. LEXIS 22161 (10th Cir. Dec. 18, 2015): This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. The Feinbergs…
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Facebook Evidence — New Hampshire Supreme Court Upholds Circumstantial Authentication Based on Defendant’s Access to iPad Used to Send Messages and the Messages’ Contents and Timing

State v. Palermo, 2015 N.H. LEXIS 130 (N.H. S.Ct. Dec. 18, 2015): Following a jury trial in Superior Court (Nicolosi, J.), the defendant, Christopher M. Palermo, was convicted on one count of aggravated felonious sexual assault, see RSA 632-A:2, I(i)…
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Arbitration — Incorporation of AAA Rules Does Not Render Availability of Class Arbitration a Matter for the Arbitrators Rather Than Court (Case Law But Not Circuit Split) — Does Incorporation Permit Class Arbitration? — Undecided Here

Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016): In Opalinski v. Robert Half International Inc., 761 F.3d 326 (3d Cir. 2014), cert. denied, 135 S. Ct. 1530, 191 L. Ed. 2d …
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Rule 11 Sanctions — Absence of Case Law Recognizing Constitutional Right Does Not Necessarily Render Claim Frivolous — Claim of Conspiracy with Gov’t Officials Falls Outside 1st Amend., Hence No Improper Purpose

Buckler v. MacGregor, 2015 U.S. App. LEXIS 21613 (11th Cir. Dec. 15, 2015): The Druid Hills Civic Association, Inc. (DHCA) and Robert Bruce MacGregor, III, appeal the district court's [*2]  denial of their motions for sanctions and attorney's fees in…
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If Defendant Stipulates to a Judgment for All Relief Plaintiff Seeks, Plaintiff Is Not Entitled to Trial on Issues That Wouldn’t Affect the Judgment — No Need to Use Rule 68 — Defendant May Disclaim Liability

Rienzi & Sons, Inc. v. N. Puglisi & F. Industria Paste Alimentari S.P.A., 2015 U.S. Dist. LEXIS 19358 (E.D.N.Y. Feb. 18, 2015): The issue before the Court is whether entry of judgment is appropriate where a defendant has consented to…
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Rule 56(h) Sanctions — Willful Blindness = Bad Faith in Filing False Client Affid. on SJ — Withdrawing Claims from Overly Inclusive Complaint Doesn’t Warrant § 1927 or Inherent Power Sanctions —Good Quotes: Litigation ≠ Sport or Lottery

Jimenez v. City of NY, 2015 U.S. Dist. LEXIS 165359 (S.D.N.Y. Dec. 9, 2015): I. INTRODUCTION On September 24, 2015, this Court granted defendants' motion for summary judgment in this action brought under section 1983 of Title 42 of the…
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

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?

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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