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

2010 Expert Witness Amendments — Communications between Testifying Expert & Party Representative Unprotected — Suggestion That Communications with Consulting Expert Subject to “Exceptional Circumstances” Standard Despite Circuit Decisions

Whole Women’s Health v. Lakey, 301 F.R.D. 266 (W.D. Tex 2014): Before the Court are Plaintiffs' Motion to Compel Disclosure of Written Communications between Vincent Rue and Defendants' Experts [**3]  (Dkt. No. 115); State Defendants' Response in Opposition (Dkt. No.…
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Sanctions — Deposition Misconduct — Recidivism as Evidence of Willfulness, Requiring Harsher Sanction — Insults, Directing Witness How to Answer Improper — Zealous Advocacy No Defense (Good Quotes)

Howard v. Offshore Liftboats, LLC, 2015 U.S. Dist. LEXIS 26629 (E.D. La. Mar. 4, 2015): Before me is a Motion for Costs and Sanctions brought against Defendant, Offshore Liftboats, LLC ("OLB") by Plaintiff, Calvin Howard. (Rec. doc. 178). OLB has…
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2010 Expert Witness Amendments — Expert Communications with Non-Lawyer Client Employees and Agents ≠ Work Product — Sharing of Drafts with Client, Its Auditor ≠ Waiver — Documents Created by Non-Lawyers Privileged If Contain Advice of Counsel

United States v. Veolia Env’t N. Am. Operations, Inc., 2014 U.S. Dist. LEXIS 154717 (D. Del. Oct. 31, 2014): Pending before the Court is Petitioner United States of America's Motion to Enforce Internal Revenue Service ("IRS") Summonses against Veolia Environment…
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Date & Time Stamp on Voicemail, Like Header on Fax, ≠ Hearsay — Nor Is Voicemail Offered for Fact Statements Were Made — No Best Evidence Bar Where Provider Deleted Original — Witness Testimony OK; Maybe Copy, Too

Walker v. Asset Acceptance LLC, 2012 U.S. Dist. LEXIS 95128 (D.N.J. July 10, 2012): a. The Voicemail Message and Plaintiff's Testimony Are Not Hearsay "Hearsay" means a statement that (1) the declarant does not make while testifying at the current…
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RICO — Operation and Management — Need to Show Degree of Cooperation Beyond Bounds of Normal Commercial Relationships — Test for Lower Level Participants: Fungible or Essential Role — Acting in Individual vs. Enterprise’s Interest

Nesbitt v. Regas, 2015 U.S. Dist. LEXIS 35552 (N.D. Ill. Mar. 20, 2015): Plaintiff Diane Goldring Nesbitt ("Goldring") brings this action against eleven defendants, alleging that each played a role in a fraudulent scheme that resulted in substantial losses to…
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RICO — Injury Must Flow from Investment of Racketeering Income under § 1962(a) and Be Caused by Acquisition of Interest under § 1962(b) — Allegation That Parent Is RICO Person and Sub is Enterprise ≠ Distinctiveness under § 1962(c)

N. Cypress Med. Ctr. Operating Co. v. CIGNA Healthcare, 2015 U.S. App. LEXIS 3711 (5th Cir. Mar. 10, 2015): This is a dispute over an insurer's obligation to pay a hospital for medical services provided to insured patients. Under the…
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Experts — Differential Diagnosis Is OK under Daubert, But Expert Cannot Neglect to Consider a Potentially Explanatory Hypothesis — Elimination of Potential Causes Must Be Founded on More Than Subjective Belief or Speculation (Good Quote)

Nelson v. Matrixx Initiatives, Inc., 2015 U.S. App. LEXIS 1620 (9th Cir. Feb. 2, 2015): In a toxic tort case in California, a plaintiff must show both general causation, which is "that the substance at issue was capable of causing…
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Rule 37 Sanctions — Default Judgment Drastic But Useful If Confronted with “Obstructionist Adversary” — Abuse of Discretion Standard “Not Appellant-Friendly” (Good Quotes) — 1st Circuit Rule 37 Factors

Angiodynamics, Inc. v. Biolitec AG, 2015 U.S. App. LEXIS 3802 (1st Cir. Mar. 11, 2015): In this appeal, Defendants challenge the district court's exercise of personal jurisdiction over certain defendants, the denial of their motions to dismiss, and the entry…
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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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