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

Daubert — Shaky but Admissible Evidence Is to Be Attacked by Cross-Examination, Contrary Evidence, and Attention to the Burden of Proof, Not Exclusion — Good Quotes on Weight vs. Admissibility

City of Pomona v. SQM N.Am. Corp., 750 F.3d 1036 (9th Cir. 2014), pet’n for cert. pending: After excessive levels of the chemical perchlorate were found in a city's water system, the city undertook to investigate the source of that…
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Email Evidence — The Admissibility of Emails as Business Records “Is Not a Clear-Cut Issue” — Email Created within a Business Entity Does Not, for That Reason Alone, Satisfy the Business Records Exception — Good Quotes

Kloeckner v Perez, 2014 U.S. Dist. LEXIS 138009 (E.D. Mo. Sept. 30, 2014): Plaintiff objects to the admission of these exhibits "because they relate to actions taken after Plaintiff left the Department and after S. Eischen, S. Newman, and G.…
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Sanctions — Discretion Narrows as Severity of Sanction Increases — Rule 37 Dismissal or Default: Eighth Circuit Standards — Rule 41 Dismissal: Dilatory Conduct Attributable Solely to Counsel Less Worthy of Dismissal with Prejudice

Bergstrom v. Frascone, 744 F.3d 571 (8th Cir. 2014): James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months,  [**2] Bergstrom's attorney failed to comply with…
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Does Appeal of Arbitrability Decision Divest District Court of Jurisdiction over Underlying Claims? Circuit Split — Appeal to District Court of Bankruptcy Court Arbitrability Decision Results in Automatic Stay of Bankruptcy Proceedings

Vanderbilt Mortg. & Fin., Inc. v. Lucas, 2014 U.S. Dist. LEXIS 116974 (S.D. W.Va. Aug. 22, 2014): The issue before the Court is whether an appeal to the district court, following a bankruptcy court's denial of a motion to compel…
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Comity among Circuits — Separate Proceedings Concerning Same Subject Matter Should Be Decided Alike — Like Law of the Case — One Circuit Shouldn’t Grant Relief Substantially Interfering with Decisions of Sister Circuit — Good Quotes

Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014) (Note:  In the ongoing Chevron/Ecuador litigation, Chevron sought documents from co-counsel of Donziger in Maryland both under Rule 45 in connection with litigation…
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Rule 45 — No Appellate Jurisdiction to Review Order Compelling Production of Privileged Material — Perlman Inapt If Work Product Protection Claimed Because Lawyer Interested in Work Product — Does Mohawk Overrule Perlman?

Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014): These consolidated appeals stem from a multi-billion-dollar judgment rendered in Ecuador against the Chevron Corporation. Chevron has sought discovery in several American courts…
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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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