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

Facebook Authentication by Use of Street Names; Gang Terms, Photos, Artwork & Signs on Public Page +Similar Content on Private Pages & Circumstantial Evid — Music Downloaded from Sound Cloud Not Tied to Defendant or Gang Improperly Admitted for Truth

State v Gibson, 2015 Ohio App. LEXIS 1614 (Ohio Ct. App. May 1, 2015): {¶ 32} In his second assignment of error, appellant states: The trial court erred in allowing the introduction of prejudicial evidence by the state without the…
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Video Authentication — Surveillance Video Not Self-Authenticating, Particularly When Edited, Blurry and Shot from Significant Distance — Rule 59 Standards re Erroneous Evidentiary Ruling — Remittitur Standards

Leo v. L.I. RR, 2015 U.S. Dist. LEXIS 56953 (S.D.N.Y. April 30, 2015): Plaintiff Brian Leo commenced this lawsuit under the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 51 et seq., seeking recovery for physical and other injuries suffered…
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Judicial Notice of Internet Evidence — Secretary of State Website Records — When Public Records Are Presumed Authentic and Trustworthy, Burden of Showing a Basis for Exclusion Falls on Opponent of the Evidence

Bank of Am., N.A. v. 04, Inc. (In re Owner Mgmt. Serv., LLC), 2015 Bankr. LEXIS 1468 (Bankr. C.D. Cal. April 29, 2015): Well-settled Ninth Circuit precedent specifically deals with evidentiary objections at the summary judgment stage. In general, at …
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Text Messages Insufficiently Authenticated by Testimony That Proponent Identified Owner of Phone from Which Texts Were Sent at an Uncertain Later Time and That He Couldn’t Recall How He Accessed or Copied the Messages

Barker v. Computer Sci. Corp., 2015 U.S. Dist. LEXIS 39994 (E.D. Va. Mar. 27, 2015): Plaintiff Damien Barker ("Plaintiff" or "Barker") began his employment with Computer Science Corporation ("CSC") in February 2011 as a systems analyst. (Dkt. No. 77-6 at…
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Admission of Printouts of Text Messages Forwarded from One Phone to Another in Pieces for Printing OK under Best Evidence Rule — Forwarded Text = Duplicate — Absence of Original Excused Due to Inability to Print It

People v. Davis, 2015 Ill. App. Unpub. LEXIS 885 (Ill. Ct. App. April 24, 2015): 1 Held: The trial court's admission into evidence of a forwarded text message did not violate hearsay or best evidence rules and, accordingly, did not…
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Judicial Notice of Internet Evidence — Corporate Website to Ascertain the Service It Offers — Software Tool Used by Testifying Expert Is Not Itself an Expert and Need Not Be Disclosed under 26(a) — Akin to Assistant to Expert

Capitol Records, LLC v. Escape Media Grp., Inc., 2014 U.S. Dist. LEXIS 183098 (S.D.N.Y. May 28, 2014), adopted, 2015 U.S. Dist. LEXIS 38007 (S.D.N.Y. Mar. 25, 2015): In 1999, a teenage college dropout finished writing software for an internet service…
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Text Authentication by Recipient That She Knows Number to Be Sender’s, That He Called Her between Texts and by Contents: No One But Sender Had Motive to Threaten or Complain Recipient Had Snitched Just before Sender’s Trial

Butler v. State, 2015 Tex. Crim. App. LEXIS 491 (Tex. Ct. Crim. App. April 22, 2015): Appellant was convicted of the aggravated kidnapping of his girlfriend, Ashley Salas. On direct appeal, he complained that the trial court admitted certain text …
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Judicial Notice of Internet Evidence — Noticing Other Court’s Records on 12(b)(6) Motion Doesn’t Convert It to Motion for Summary Judgment — Res Judicata Affirmative Defense Testable on 12(b)(6)

Busby v. Bank of Am., N.A., 2015 U.S. Dist. LEXIS 44223 (S.D. Ohio April 3, 2015): Plaintiff alleges that she is the record owner of a residential property at 251 Trumpet Drive, West Carrollton, Ohio, which is her primary home.…
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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?

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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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