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 Taken on 12(b)(6) Motion to Dismiss without Converting It into a Summary Judgment Motion — Newspaper Website — Article Stating Date Official (a Defendant) Appointed to Office

Jones v. Chapman, 2015 U.S. Dist. LEXIS 96964 (D. Md. July 24, 2015): This case arises from allegations of police brutality in connection with the untimely death of Tyrone A. West, Sr. ("Mr. West" or the "Decedent") on July 18,…
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Rule 11 Safe Harbor Triggered by Motion, Not Brief, Declarations — Motion Must Give Sufficient Notice of Conduct at Issue — Discovery re Sanctions only in Extraordinary Circumstances; No Trial Required (Good Quotes)

Burbidge Mitchell & Gross v. Peters, 2015 U.S. App. LEXIS 14405 (10th Cir. Aug. 17, 2015): This diversity case involves the tort of wrongful use of civil proceedings. The case was filed by the Utah law firm of Burbidge, Mitchell …
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Sanctions — Rule 37 Dismissal Requires Willfulness, Bad Faith or Fault — Fees Limited to Cost of Misconduct, Not Responding to Discovery — Extraordinary Circumstances Needed to Withdraw Consent to Proceed before Magistrate Judge

Odige v. Nat’l Mentor Healthcare, LLC, 2015 U.S. App. LEXIS 15831 (9th Cir. Sept. 4, 2015): In these consolidated appeals, Chuks Odigwe appeals pro se from the district court's judgment dismissing his employment discrimination action as a discovery sanction under…
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Unethical or Illegal Conduct by Counsel Vitiates Work Product Protection — RICO: Awareness of Essential Nature and Scope of Enterprise, and Intent to Participate in It, Suffice for §1962(c)

United States v. Pellicano, 2015 U.S. App. LEXIS 14961 (9th Cir. Aug. 25, 2015): Six defendants appeal [*7]  their criminal convictions stemming from a widespread criminal enterprise offering illegal private investigation services in Southern California. At the center of this …
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Spoliation — While Duty to Preserve Isn’t Dependent on Preservation Letter, Where One Is Sent and Abided by, No Error to Deny Adverse Inference for Destroying Other Documents Per Customary Retention Policy (11th Cir. — Bad Faith Required)

Hill v Cundiff, 2015 U.S. App. LEXIS 14101 (11th Cir. Aug. 12, 2015): These consolidated appeals involve student-on-student sexual harassment. Jane Doe, an eighth-grade student at Sparkman Middle School, was raped in a bathroom after school officials decided to use…
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Mooting Claim by Offer of Judgment That Offers Plaintiff Complete Relief — Procedure under Rule 12(b)(1) Mirrors Summary Judgment Practice under Rule 56 — Plaintiff’s 26(a)(1) Damages Calculation May ≠ Full Post-Discovery Claim

Flores v. ACT Event Servs., Inc., 2015 U.S. Dist. LEXIS 16773 (N.D. Tex. Feb. 11, 2015): 3. Mooting Claims Through Offers of Judgment a. Examples of Rule 12(b)(1) Motions Following Offers of Judgment Federal Rule of Civil Procedure 68 provides …
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RICO — No Closed-Ended Continuity If Only One Victim, Even If Acts Committed over Long Period of Time — No Open-Ended If Scheme Has a Clear and Terminable Goal (Which, Here, Was Achieved)

Daedalus Capital LLC v. Vinecombe, 2015 U.S. App. LEXIS 15808 (11th Cir. Sept. 4, 2015): Appellants Daedalus Capital, LLC (Daedalus) and Lockwood Technology Corporation (LTC) appeal the district court's order granting partial summary judgment in favor of Appellees Bradford Vinecombe…
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Spoliation Sanctions — Sixth Circuit Test — To Prove Relevance, Movant Must Show Destroyed Evidence Was of Nature Alleged, Not Just Satisfy Rule 401 — Meaning of Abuse of Discretion

Yoder & Frey Auctioneers, Inc. v. EquipmentFacts, LLC, 2014 U.S. App. LEXIS 24301 (6th Cir. Dec. 22, 2014): Defendant, EquipmentFacts, LLC ("Efacts"), appeals from the judgment entered by the United States District Court for the Northern District of Ohio imposing …
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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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