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

Recusal — Unhappiness with Judge’s Rulings Is Not a Basis for Recusal — Alleged Bias and Prejudice Must Stem from an Extrajudicial Source and Result in a Merits Decision on Extrajudicial Basis

Watkins v. Smith, 2014 U.S. App. LEXIS 5968 (2d Cir. April 1, 2014): As for the plaintiff's motion for recusal, the fact that Plaintiff-Appellant and Appellants were unhappy with the district court's  [*3] legal rulings and other case management decisions …
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Sanctions — Client Punishment for Lawyer’s Acts — Dilatoriness Less Worthy of Dismissal with Prejudice If It Is Lawyer’s Only — Less Reason to Believe Lighter Sanction Won’t Work — No Need to Consider Lesser Sanctions If Bad Faith

Bergstrom v. Frascone, 2014 U.S. App. LEXIS 4180 (8th Cir. Mar. 6, 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…
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Authentication of Blogs, YouTube Videos, and Transcripts of YouTube Videos — Circumstantial Authentication of Email Evidence — Periodicals: Authentication vs. Hearsay

Randazza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed…
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Forum Selection Clause (FSC) Analyzed Like Arbitration Clause — Broad FSC Covers Tort Claims Arising out of Deal — 6 Theories for Binding Non-Parties to FSC — Unclear Whether State or Federal Law Determines Who Is Bound

Harland Clarke Holdings Corp. v. Milken, 2014 U.S. Dist. LEXIS 13947 (W.D. Tex Feb. 4, 2014): Scantron and Digital entered into a "Securities Purchase Agreement between Scantron Corporation and KUE Digital International, LLC" (the "Purchase Agreement") dated December 15, 2010…
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§ 1927 — Standards for Imposing Liability — Reckless Disregard Sufficient in Fifth Circuit — Prerequisites to Awarding Damages — Not Sanctionable to Pursue Compulsory Counterclaim to Save Parallel State Court Action Where Opponent Refuses Stay

Lawyers Title Insurance Corp. v. Doubletree Partners, LP, 2014 U.S. App. LEXIS 717 (5th Cir. Jan. 14, 2014): In a consolidated appeal, Doubletree's attorneys, Kalis and Martin, challenge the magistrate judge's award of attorneys' fees to Lawyers Title under 28…
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Recent Articles

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

nherent 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?

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

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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