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

Spoliation — Cleaning Up Oily Substance on Which Plaintiff Fell May Support Sanction — Substance Relevant to Claim of Defendant Proprietor/Employer’s Negligence (FELA)

Coale v. Metro North Commuter RR, 2015 U.S. App. LEXIS 11990 (2d Cir. July 13, 2015): Plaintiff William Coale, a former assistant conductor for Metro-North Commuter Railroad Co. ("Metro-North"), appeals from an award of summary judgment in favor of defendant…
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Text Message Admissible as Spontaneous (Excited) Utterance (803(2)) — Speed with Which Texts Typed May Essentially = Verbalizing — More Texts Sent by Cell Than Voice Minutes Used — Spontaneity of Texts > Other Writings

Commonwealth v Mulgrave, 2015 Mass. LEXIS 472 (Sup. Jud. Court July 13, 2015): In March, 2012, a Superior Court jury convicted the defendant, Craig Mulgrave, of murder in the first degree on the theory of extreme atrocity or cruelty in…
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Complaints — A Primer on Shotgun Pleading — Rules 8(a)(2) and 10(b) — Extensive Case Citations on the Four Types of Impermissible Shotgun Pleading, Including Incorporating All Prior Allegations & Counts — Defendants’ Duties

Weiland v. Palm Beach Cnty. Sheriff’s Office, 2015 U.S. App. LEXIS 11750 (11th Cir. July 8, 2015): Nearly one hundred and thirty years ago, one of Georgia's greatest judges described the ideal in pleading:    Pleading is pure statement; just as…
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Appeal of Denial of Intervention Not Mooted by Settlement of Action (Circuit Split) — RICO & Equitable Tolling (Extraordinary Remedy in 4th Cir.) — Dismissal of Identical Action No Excuse for Not Filing — Mental Impairment & Right to Hearing

CVLR Performance Horses, Inc. v. Marsh, 2015 U.S. App. LEXIS 11819 (4th Cir. July 9, 2015): In November 2013, Appellants Karen Foster and Vicki Marsh sought to intervene as plaintiffs in a civil RICO action brought by CVLR Performance Horses, …
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When Complaint Is Frivolous, Court May Decide 12(b)(6) Motion before 12(b)(1) (Subject Matter Jurisdiction) — Iqbal Improbability Tips into Frivolousness when Claims Are Sufficiently Fantastic as to Defy Reality (Good Quotes)

Guthrie v. U.S. Government, 2015 U.S. App. LEXIS 12248 (11th Cir. July 1, 2015): Plaintiff-appellant Randolph Guthrie ("Guthrie"), proceeding pro se, appeals the district court's dismissal of his pro se sixth amended complaint alleging 98 counts under the common law,…
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Sanctions — Appealability — Cunningham’s Bar of Interlocutory Review of Sanctions Orders, Including Those Sanctioning Withdrawn Counsel, Applies in Criminal as Well as Civil Cases

United States v. Haynes, 2015 U.S. App. LEXIS 12354 (8th Cir. July 17, 2015): Teresa Lynette Bloodman withdrew as Laquan Darell Haynes's attorney in a criminal case. The magistrate judge ordered her to return discovery material "as soon as possible." …
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Recent Articles

§ 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

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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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