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

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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Sanctions — Dismissal with Prejudice for Failure to Amend Complaint in Compliance with Judicial Instructions — Implicit Finding Lesser Sanctions Wouldn’t Suffice — Good Quotes on Need for Clear Pleadings, Seriousness of Filing Suit

Nurse v Sheraton Atlanta Hotel, 2015 U.S. App. LEXIS 11912 (11th Cir. July 10, 2015): Ronald A. Nurse, proceeding pro se, appeals the district court's sua sponte dismissal with prejudice of his amended complaint, which asserted 21 claims against 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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