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

Instagram — Testimony That Witness Downloaded Photo from Instagram and Third Party’s Cell = Sufficient Authentication Where Photo Clearly Showed Defendant — No Need for Expert Evidence as to Downloading Process

In re D.H., 2015 Cal. App. Unpub. LEXIS 867 (Cal. Ct. App. Feb. 6, 2015):     D.H. appeals from a judgment entered in a proceeding under Welfare and Institutions Code section 602. He contends (1) the juvenile court erred by admitting…
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Rule 68 — Circuit Split as to Validity of Unapportioned Offer of Judgment to Multiple Plaintiffs — Where Offer Doesn’t Break Out Statutorily Awardable Fees, Judgment = Reasonable Fees + Verdict — Are Fees Available for Nominal Verdict?

Doe v. Rutherford Cnty., 2015 U.S. Dist. LEXIS 13200 (M.D. Tenn. Feb. 4, 2015): Following a jury trial, the jury entered a verdict in favor of the defendant on all counts other than plaintiff Jane Doe's Title IX retaliation claim.…
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Rule 11 Sanctions on Client for Legally Frivolous Claims Reversed Even Though Issue First Raised on Appeal — Counsel’s Conflict below Excuses Untimely Assertion — Reassertion of Previously Dismissed Claims Sanctionable

Mitchel v. City of Santa Rosa, 2015 U.S. App. LEXIS 1348 (9th Cir. Jan. 28, 2015): The district court did not err by concluding that the identified claims were legally unfounded and therefore sanctionable. See Fed. R. Civ. P.…
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Federal Jurisdiction: Does the Domestic Relations Exception Apply Only to Cases Brought under Diversity Jurisdiction Or to All Cases over Which Federal Courts Have Subject Matter Jurisdiction? Circuit Split

Edelglass v. State of N.J., 2015 U.S. Dist. LEXIS 5320 (D.N.J. Jan. 16, 2015): The domestic relations [*24]  exception to federal diversity jurisdiction was first raised in Barber v. Barber, 21 How. 582, 16 L. Ed. 226 (1859). In 1992, …
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Grupo Mexicano Inapt If Equitable Relief Sought — General Jurisdiction after Daimler — Specific Jurisdiction over Non-Parties — No Waiver of Defense That Didn’t Exist Below — Civil Contempt Can’t Be Punitive

Gucci Am., Inc. v. Bank of China¸ 768 F.3d 122 (2d Cir. 2014): This case arises out of the legal efforts of a number of luxury goods retailers to protect their intellectual property and stop alleged counterfeiters from marketing fake …
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Friend vs. Facebook Friend — New Trial Denied Despite Juror’s Facebook Email to Witness Who Was a Facebook Friend — Facebook Friendships Often Exist Between People Who Are Indifferent to One Another (Good Quote)

State v. Smith, 2015 Tenn. Crim. App. LEXIS 5 (Tenn. Ct. Crim. App. Jan. 7, 2015) (this is an appeal on remand from the Tennessee Supreme Court, whose opinion is excerpted in our blog post of March 25,2014): A jury…
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No Rule 37(c) Sanctions on Counsel — Fees for Time on Sanctions Motion and Fee App OK — Reasonable Fees: Court Looks to Lawyer’s Customary Rates, NLJ Survey; Rates OK’ed in Various SDNY Cases Listed — No Partner Rates for Associate Work

Pichardo v. C.R. Bard, Inc., 2015 U.S. Dist. LEXIS 10722 (S.D.N.Y. Jan. 26, 2015): Defendants C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. have moved for monetary sanctions against Jean Prabhu, Esq., the attorney who represents plaintiff Glenny Pichardo in…
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Text Authentication — Testimony That Child Called D “Godfather,” That Child’s Phone Id’d Texts as from Godfather, And That D Gave Child Phone Authenticate Texts as Sent by D (Who Didn’t Deny Sending) — Texts as 801(e) Admissions

Campos v. State, 2015 Tex. App. LEXIS 230 (Tex. Ct. App. Jan. 13, 2015): The State called M.N., and, before she testified, the prosecutor informed the trial court that she would testify about text messages C.G.J. had received [*6]  from …
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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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