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

Criminal Spoliation — Eleventh Circuit Has Never Ruled That A Spoliation Instruction Should Be Given in a Criminal Case, But Holds That Bad Faith Would Be Required Were It Ever To So Rule — Also Surveying Other Circuits’ Law on Criminal Spoliation

United States v. Fey, 2023 U.S. App. LEXIS 34456 (11th Cir. Dec. 28, 2023): Criminal Spoliation — Eleventh Circuit Has Never Ruled That A Spoliation Instruction Should Be Given in a Criminal Case, But Holds That Bad Faith Would Be …
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Rule 37(d) and 41(b) Dismissal Sanction: (1) Sixth Circuit Factors (Bad Faith/Fault, Prejudice, Warning, Lesser Sanctions Considered); (2) Deliberate Disregard of Court Order Excuses District Court’s Failure to Warn Litigant That Case Could Be Dismissed (Here, Opposing Counsel Had So Warned in Writing); (3) While Lesser Sanctions Should Be Considered, District Court May Dismiss As First And Only Sanction; (4) Type of Misconduct Justifying Dismissal with Prejudice

Moore v. Erickson, 2023 U.S. App. LEXIS 26639 (6th Cir. Oct. 5, 2023) (unpublished) ORDER *1 In this 42 U.S.C. § 1983 action, Anthony Lamont Moore, a former Michigan prisoner proceeding pro se, appeals a district court judgment imposing costs…
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Spoliation Sanctions: Sixth Circuit Standards — Using Residential Funding Framework For Electronic Spoliation — Call to Ethics Hotline Absent Threat of Litigation or Preservation Demand Insufficient to Trigger Duty to Preserve

Goodale v. Elavon, Inc., 2023 U.S. App. LEXIS 32861 (6th Cir. Dec. 12, 2023) (unpublished) ORDER Elizabeth Ann Goodale, proceeding through counsel, appeals the district court’s judgment in favor of Elavon, Inc., on her employment-discrimination claims. The parties have waived…
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Disqualification: Lawyers Who Initially Represented A Group of Plaintiffs But Ended Up Representing Only 2 Of Them Because the Group Couldn’t Agree on a Remedy Were Not Subject to Disqualification by Former Clients Because \ Disagreement as to Remedy Was Not Materially Adverse to the Former Clients

Whitest v. Crisp Cnty. Sch. Dist., 2023 U.S. App. LEXIS 32934 (11th Cir. Dec. 13, 2023) (unpublished): PER CURIAM: [*2]  On June 14, 2017, Crandall Postell and numerous co-plaintiffs, represented by Bryan L. Sells and ACLU-affiliated attorneys, filed a lawsuit…
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(1) Rule 37 Sanctions: Court’s Discretion Narrows As the Severity of the Sanction Increases; (2) Party Does Not Waive Personal Jurisdiction Defense by Moving to Set Aside Default

Hawkeye Gold, LLC v. China Nat’l Materials Indus. Imp. & Exp. Corp., 2023 U.S. App. LEXIS 33531 (8th Cir. Dec. 19, 2023) Appellant Hawkeye Gold, LLC, an Iowa-based seller of livestock feed, brought this action against China National Materials Industry…
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Inherent Power Sanctions/Due Process/Vexatious Litigant Injunction: (1) Pro Se Status Relevant to Considering Whether Due Process Issue Waived Due to Failure to Assert; (2) Party Has a Right to Notice That a Vexatious Litigant Injunction Is Under Consideration and an Opportunity to Be Heard; (3) Prior Warnings of Frivolousness from Other Courts Does Not Afford Notice That Party Is at Risk of Sanction in Present Court (i.e., Distinguishing Notice of Frivolousness from Due Process Notice of Risk of Sanction)

Allen v. United States, 2023 U.S. App. LEXIS 33380 (Fed. Cir. Dec. 28, 2023)   Per Curiam. *1 Derrick Allen filed a pro se complaint in the Court of Federal Claims alleging that the Clerk’s Office in the United States District…
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(1) Party May Simultaneously Claim Privilege And Dispute Document’s Authenticity; (2) No Per Se Waiver Rule When Privilege Log Is Not Produced; (3) Fact Opponent Actually Possesses Challenged Documents Significantly Affects Log Analysis; (4) Inherent Power Sanctions: Ninth Circuit Factors

Mayorga v. Ronaldo, 2023 U.S. App. LEXIS 30921 (9th Cir. Nov. 21, 2023) (unpublished):  MEMORANDUM* In 2010, Defendant-Appellee Cristiano Ronaldo (“Ronaldo”) settled a sexual assault claim made against him by Plaintiff-Appellant Kathryn Mayorga (“Mayorga”). The matter lay dormant until…
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Appeals: “When A District Court Lists Several Reasons For Taking A Certain Action, And One Of The Reasons Is Flawed, The District Court’s Decision Should Still Be Upheld If Other Reasons Support The Ruling” (Good Quote)

Baker v. Meiling, 2023 U.S. App. LEXIS 33042 (9th Cir. Dec. 14, 2023) (unpublished):   MEMORANDUM* Appellants—a [*3]  proposed class of elderly investors in a metal-coatings company—appeal from the district court’s order awarding attorneys’ fees to Appellees and sanctioning…
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Recent Articles

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

Paul Weiss Did The Right Thing

RICO: Unsettled Whether Legal Expenses Constitute Injury to Business or Property in Ninth Circuit — Leave to Amend Must Be Granted Unless 1 or More of 5 Factors Is Present — Request for Judicial Notice of Wikipedia Articles Fails to Satisfy The Standards Fed. R. Evid. 201

FRAP 38 Sanctions Denied Without Prejudice for Lack of Separate Motion

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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