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

Email Evidence — Best Evidence Issues (Defamation Claim) — Court Has Discretion to Ignore Evidence Raised for First Time in Reply Brief (Good Quote)

Cellular Accessories For Less, Inc. v. Trinitas LLC, 2014 U.S. Dist. LEXIS 130518 (C.D. Cal. Sept. 16, 2014):   Cellular alleges that Defendants "published one or more false statements which were intended to disparage CELLULAR ACCESSORIES's good and services." However, at…
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Experts — Supplemental Report Must Be Based on Additional or Corrected Info Unavailable when 1st Report Issued — Lack of Diligence by Counsel No Excuse for Lacking Info — Report Stating Additional Rationales & Opinions Not Supplemental

Curtis v. Crop Prod. Servs., Inc., 2014 U.S. Dist. LEXIS 118005 (W.D. Okla. Aug. 25, 2014): This matter comes before the Court on a series of motions, triggered by the filing of Plaintiff's Motion for Leave to Allow Kent Martin, …
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RICO, Reliance & Class Certification — In Financial Fraud Cases, Payment May = Circumstantial Proof of Reliance Sufficient to Show Predominance — RICO Extraterritoriality & Proximate Cause = Merits, Not Class, Issues — No Fraud on Market in RICO

CGC Holding Co., LLC v. Hutchens, 2014 U.S. App. LEXIS 23043 (10th Cir. Dec. 8, 2014): This case requires us to consider the certification of a proposed class action to pursue claims under the Racketeer Influenced and Corrupt Organizations Act…
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YouTube Video Authenticated by Circumstantial Evidence Identifying Individual and Items Depicted, and Establishing Where and Roughly When Video Recorded, without Evidence from YouTube Personnel

United States v. Broomfield, 2014 U.S. App. LEXIS 22670 (11th Cir. Dec. 3, 2014): After a jury trial, James Franklin Broomfield, Jr. appeals his conviction and 180-month sentence for being a felon in possession of a firearm, in violation of…
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Does a Conflict between Members Defeat Associational Standing? — Circuit Split — Types of “Profound” Conflict — General Requirements for Associational Standing

Auto. Body Parts Ass’n v. Ford Global Techs., LLC, 2014 U.S. Dist. LEXIS 131101 (E.D. Tex. Aug. 4, 2014): ANALYSIS Standing is a threshold subject matter jurisdictional requirement. Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-60 (1992). Plaintiff has…
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Hearsay & Privilege — Statement to Own Counsel Not against Penal Interest (Rule 804(b)(3)) Because Confidential — Residual Exception: Dismal Public View of Lawyers Makes Exclusion of Testimony Reasonable under 807(a)

United States v. Awer, 2014 U.S. App. LEXIS 20700 (1st Cir. Oct. 29, 2014): A federal jury convicted Defendant Kent Awer of possessing cocaine base with intent to distribute. He appeals.  Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.…
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Judicial Notice of Internet Evidence (FINRA Rules) — Arbitration: Award May Be Confirmed in Any District Allowed under General Venue Statute — Court Looks to Arbitration Clause and Agreed Arbitral Rules to See If Parties Agreed Otherwise

Morgan Stanley Smith Barney LLC v. Monaco, 2014 U.S. Dist. LEXIS 149419 (D. Colo. Aug. 26, 2014): This case is before the Court pursuant to an Order of Reference to Magistrate Judge issued by Judge Raymond P. Moore on March…
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Dismissal as Discovery Sanction — Availability — Factors (5th Circuit) — Attorney’s Fees and Costs Imposed on Counsel Personally under Rule 37 for Deposing and Redeposing

Progressive Waste Solutions of La., Inc. v. Lafayette City-Parish Consol. Gov’t, 2014 U.S. Dist. LEXIS 150199 (W.D. La. Oct. 22, 2014): MEMORANDUM RULING ON MOTION FOR CONTEMPT AND SANCTIONS AND ORDER On October 17, 2014, the undersigned held a hearing…
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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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