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

FRAP 38 Sanctions — Not Just for Frivolousness But Also for “Blatant Misrepresentations” — Good Quotes: (1) Weak, “Almost Hopeless” ≠ Frivolous, (2) Sleeping on One’s Rights and (3) Pointlessness of Epithets in Court Filings

Candelario-Del-Moral v. UBS Fin’l Servs. Inc. (In re Efron), 2014 U.S. App. LEXIS 5322 (1st Cir. Mar. 21, 2014): For over four centuries, persons learned in the law have known that, when litigation is in prospect, vigilance is good and…
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Circumstantial Authentication of Texts and Emails (Rule 901(b)(4))—Indiana Adopts Tienda / Parker Approach—For Voice ID (R. 901(b)(5)), Only “Minimal Familiarity” Required—All Decided under 104(a)—Strictures of R. 701 Inapt

Pavlovich v. State, 2014 Ind. App. LEXIS 127 (Ind. Ct. App. Mar. 28, 2014): The second issue is whether the trial court erroneously admitted the text and email communications between Pugh and Detective Odier and the  [*12] 2662 number and…
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Printout Offered to Show What Appears on Website ≠ Hearsay — 403 Unfair Prejudice Prong “Unnecessary and Useless” in Bench Trial — Internet Search Results or Snippets without Context May Be of Minimal Relevance — Good Quotes

Invisible Fences, Inc. v. Fido’s Fences, Inc., 2014 U.S. Dist. LEXIS 16663 (E.D. Tenn. Feb. 11, 2014): The Court finds the following from Foreword Magazine, Inc. v. OverDrive, Inc., No. 1:10-cv-1144, 2011 WL 5169384, at *4 (W.D. Mich. Oct. 31,…
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RICO—PSLRA Bars Claim Based on Scheme to Lend Money for Purpose of Buying Securities—Selling Securities Was a Necessary Component of the Scheme and Integral to the Relationship between Plaintiffs and Defendants—In Connection With Factors

Calderón Serra v. Banco Santander P.R., 2014 U.S. App. LEXIS 5554 (1st Cir. Mar. 26, 2014): Plaintiffs press a RICO claim against their bank and others over what they claim was an unlawful scheme to lend plaintiffs money in violation …
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Spoliation — Not Error to Decline Spoliation Instruction and Instead Permit Aggrieved Party to Argue That Missing Records Would Have Been Favorable — Violation of Regulation, As Opposed to Statute, ≠ Negligence Per Se

Mann v. Redman Van & Storage Co., Inc., 2013 U.S. App. LEXIS 21047 (9th Cir. Oct. 17, 2013): The Manns, Plaintiffs-Appellants, appeal from a district court's denial of their Rule 59 motion for a new trial following a jury verdict…
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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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