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

Experts, Privilege & Work Product — Testifying Expert’s Notes and Emails with Other Experts and Corporate Employee Not Protected by 2010 Expert Witness Amendments — Good Quotes on Statutory Interpretation — Eleventh Circuit

Republic of Ecuador v. Hinchee, 2013 U.S. App. LEXIS 25102 (11th Cir. Dec. 18, 2013) (note:  this appeal affirms the decision excerpted in our posting of January 4, 2013): Respondent-Appellant Dr. Robert Hinchee ("Dr. Hinchee"), who resides in Florida, and…
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Reassignment of Case to Different Judge — Disagreement with Adverse Rulings ≠ Reason to Doubt Impartiality of District Judge or to Reassign Case — Good Quote — Recusal Not Sought — Obtaining Extension ≠ 1927 Violation

United States v. Gregory, 2013 U.S. App. LEXIS 24300 (11th Cir. Dec. 6 2013): Gregory moves for sanctions against counsel for the government and for reassignment of his case to a different judge on remand, but his motions lack merit.…
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In Predicting How State Court Would Decide Issue of First Impression, Federal Court Sitting in Diversity May Be Aided by Looking to Well-Reasoned Decisions from Other Jurisdictions — Learned Intermediary Doctrine — Erie

Saavedra v. Eli Lilly & Co., 2013 U.S. Dist. LEXIS 173055 (C.D. Cal. Feb. 26, 2013): The learned intermediary doctrine provides that a drug manufacturer has no duty to warn the ultimate consumer of potential side-effects of prescription medication, so…
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Email Summarizing Conference Call with 3d Party = Business Record — Regional Disapproval of Local Project = Verbal Act and Is Admissible for Impact on Locality and under Residual Exception — Handwritten Notes of Call = Present Sense Impression

Orix Public Fin., LLC v. Lake Cnty., MN, 2013 U.S. Dist. LEXIS 171547 (D. Minn. Dec. 5, 2013): In 2009, Defendant Lake County, Minnesota ("Lake County" or "the County") learned that it was eligible to participate in a federal loan…
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Disqualification — Court Must Rule on DQ Motion before Dispositive Motion — Partner’s Gender Discrimination Claim against Partnership Is “Substantially Related” to Past Representation of Partner in Attempting to Set Up Separate Practice

Bowers v. Ophthalmology Grp., 733 F.3d 647 (6th Cir. 2013): Bowers joined The Ophthalmology Group as an employee in 1999. In 2002, she became one of six partners of The Ophthalmology Group after buying into the partnership and signing a…
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Forum Non Conveniens — Less Deference Due a Foreign, as Opposed to a Domestic, Plaintiff’s Choice of Forum — Even If US Has an “Equal Access” Treaty with the Foreigner’s Country

Kisano Trade & Invest Ltd. v. Lemster, 2013 U.S. App. LEXIS 24697 (3d Cir. Dec. 12, 2013): We first consider whether the District Court abused its discretion in affording plaintiffs' choice of forum a lesser degree of deference than would…
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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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