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

Sanctions — Striking of All Pleadings “Is a Serious Sanction That Requires an Explicit Factual Basis from the District Court” — Willfulness May Be Inferred from Party’s “Pattern of Behavior” (Good Quotes)

Southern U.S. Trade Ass’n v. Guddh, 2014 U.S. App. LEXIS 7570 (5th Cir. April 22, 2014): The defendant, Sumit Guddh, appeals the district court's imposition of sanctions against him and the district court's grant of summary judgment to the plaintiffs…
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RICO — Particularity Requirements — Single Fraud Perpetuated over Several Years Lacks Continuity — “Injury Resulting from Mere Subdivisions of One Fraudulent Scheme Is Not Sufficient to Form a Pattern” (Good Quotes)

DeWitt Ins., Inc. v. Horton, 2014 U.S. Dist. LEXIS 72384 (E.D. Mo. May 28, 2014): Dewitt Insurance, Inc. ("Dewitt") is an insurance management company…. Horton worked for Dewitt as an independent agent and as a "producer" from March 20, 1998 …
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Rule 37(c)(1) Sanction of Exclusion of Belatedly-Appointed Expert — Factors — Burden of Proving Justification or Excuse — “Particularly Wide” Discretion Accorded Trial Court, Which Need Not Explicitly Consider Guiding Factors

Wilkins v. Montgomery, 2014 U.S. App. LEXIS 8412 (4th Cir. May 5, 2014): We first discuss Appellant's challenge to the district court's exclusion of her expert, Dr. Voskanian. This issue implicates both the February 8 Order excluding Dr. Voskanian, and…
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Rule 11 — Safe Harbor for Surviving Summary Judgment — Factual Allegations Made Collectively against Multiple Related Entities Excused Due to Complexity of Corporate Structure

Manhattan Constr. Co. v. Place Props. LP, 2014 U.S. App. LEXIS 4911 (11th Cir. Mar. 17, 2014): Place Collegiate Properties Company ("PCPC") appeals the district court's decision denying its motion for sanctions. After review and with the benefit of oral…
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§ 1927 and Inherent Power Sanctions — Ethical Rules as Gauge — Clear & Convincing Evidence — Deceiving Unrepresented Party into Default & Inculpation — Evidence Excluded, Default Opened — Civility Duties — Good Quotes

Marino v. Usher, 2014 U.S. Dist. LEXIS 69521 (E.D. Pa. May 21, 2014): Throughout this copyright litigation, Plaintiff's Counsel, Francis Malofiy, has behaved in a flagrantly unprofessional and offensive manner. Seventeen of the twenty Defendants in this action have moved…
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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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