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 — Factual Info on Governmental Website — Lawyers Don’t Act under Color of State Law within § 1983, Though Licensed & Officers of the Court, when Performing Traditional Lawyer Functions

Duncan v. Strickland, 2015 U.S. Dist. LEXIS 98863 (D.S.C. May 22, 2015): Both Defendants are public defenders in Colleton County1 and are not either a "person acting under color of state law" within the meaning of § 1983. See Deas…
Continue Reading

Disqualification Motion Must Be Decided Before Reaching Merits of Dispositive Motion Because It Calls into Question the Integrity of the Process in Which Allegedly Disqualified Counsel Participates

Grimes v. District of Columbia, 2015 U.S. App. LEXIS 12534 (D.C. Cir. July 21, 2015): The district court erred in the sequence in which it rendered its decisions. Because a claim of counsel's conflict of interest calls into question the …
Continue Reading

Inherent Power — Disbarment/Suspension — Clear and Convincing Evidence of Bad Faith Required — De Novo Review Whether Conduct Is Sanctionable, Abuse of Discretion As to Specific Sanction (5th Circuit)

In re Booker, 2015 U.S. App. LEXIS 13699 (5th Cir. Aug. 3, 2015): Robert Booker appeals the district court's order suspending him from the roll of attorneys admitted to practice in the United States District Court for the Eastern District …
Continue Reading

Instagram Photos Authenticated by Fact Username & Password Needed, Same Photos on Alleged User’s Cell, User in Same Clothes As in Photos, with Same People — Captions = Hearsay — Cellebrite Software to Download Cell

In re KB, 2015 Cal. App. LEXIS 627 (Cal. Ct. App. July 20, 2015): On October 23, 2013, the San Francisco County District Attorney filed a petition charging appellant, age 17, with two counts of possessing firearms. (Pen. Code, §…
Continue Reading

Does Contingent Fee Agreement with Expert Disqualify the Witness? — Caselaw Split — Sham Affidavit Rule Doesn’t Bar Affidavit Clarifying Ambiguous Deposition Testimony

Taylor v. Cottrell, Inc., 2015 U.S. App. LEXIS 13173 (8th Cir. July 29, 2015): Timmy A. Taylor ("Taylor") and Deborah Taylor brought this action to recover damages resulting from injuries Taylor sustained in two incidents involving a Cottrell, Inc. ("Cottrell")…
Continue Reading

Post-Dismissal So-Ordering of Settlement Agreement Ineffective to Retain Jurisdiction — Court Must Incorporate Settlement in an Order or Expressly Retain Jurisdiction — Rule 60(b) Fix? — Otherwise, Court of Claims If vs. US

Hendrickson v. United States, 2015 U.S. App. LEXIS 11186 (2d Cir. June 30, 2015): This appeal arises from an attempt to enforce a settlement agreement signed by Plaintiffs-Appellees William and Patricia Hendrickson, the United States, and the district court more…
Continue Reading

Inherent Power Sanctions — $2.7 Million in Fees for Discovery Abuse: Withholding Test Results Absent Order Compelling Production — Is Award Compensatory If Not Strictly Linked to Misconduct? (Due Process) — Divided 9th Cir. Panel

Haeger v. Goodyear Tire & Rubber Co., 2015 U.S. App. LEXIS 12484 (9th Cir. July 20, 2015) [Note: Opinion updated in 2016 – 813 F3d 1233 (9th Cir. 2016)]: On November 8, 2012, after a six-hour evidentiary hearing, and after …
Continue Reading

Opinions in Expert Report Attached to Complaint Disregarded on Dismissal Motion — RICO: Difficulties Pleading Wage Depression Due to Hiring of Undocumented Workers: Defining Market, Alleging Injury

Varela v. Gonzales, 2014 U.S. App. LEXIS 23293 (5th Cir. Dec. 11, 2014): Appellants Jaime Varela and Yesica Wiegert bring this civil action alleging RICO violations against their former employers, Appellees David Benitez Gonzales, Ana Cristina Benitez, Intelligent Mexican Marketing, …
Continue Reading

Sanctions — Resort to Inherent Power Error Where Rule 11 Applies — Complaint Barred by Settlement Agreement Violates Rule 11 — Failure to Comply with Safe Harbor Forgiven on Theory of Substantial Compliance

United States v. Rogers Cartage Co., 2015 U.S. App. LEXIS 12927 (7th Cir. July 27, 2015): The villages of Sauget and Cahokia, Illinois, located along the east bank of the Mississippi River just south of East St. Louis, are home…
Continue Reading

Digital Photos Automatically Taken by Red Light Traffic Camera Not Subject to Strict Authentication Requirements If Not Enhanced — Are Not Hearsay — Authentication Is Subset of Relevance: Purpose of Evidence Key to Authentication

People v. Goldsmith, 59 Cal. 4th 258, 326 P.3d 239 172 Cal. Rptr. 3d 637 (2014): Defendant was cited for failing to stop at a red traffic light at an intersection located in the City of Inglewood in violation of …
Continue Reading
Previous206207208209210211212Next

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.

New York Office

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice