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

Splitting Cause of Action — The Entire Controversy Doctrine — “Enough Is Enough” — Good Quote — § 1927 Sanctions for Venue Transfer Motion by Plaintiff Who Had Just Won Appeal That Venue Was Proper

Great W. Mining & Mineral Co. v ADR Options, Inc., 2013 U.S. App. LEXIS 16439 (3d Cir. Aug. 8, 2013): The “tortured procedural history” of this case is well-known. (J.A. 6.) In 2002, Plaintiff and Brownstein and Vitale (“B&V”) agreed…
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Discovery Sanctions — Rule 37 — Meaning of “Substantially Justified” — Requirements for Civil Contempt and Adverse Factual Determinations — Court May Not Sanction Foreign Instrumentality for Violations Committed by Its Sovereign

Thai Lao Lignite (Thailand) Co., Ltd. v. Gov’t of Lao People’s Democratic Republic, 2013 U.S. Dist. LEXIS 110353 (S.D.N.Y. Aug. 2, 2013): On August 5, 2011, this Court entered a judgment in favor of Thai-Lao Lignite (Thailand) Co., Ltd. and…
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Unavailability of Designated Arbitral Forum Does Not Preclude Judicial Appointment of Substitute Forum — Apparent Caselaw Split as to Whether Designation of Forum Is “Integral” to Agreement to Arbitrate May Be Short-Lived

Green v. U.S. Cash Advance Ill., LLC, 2013 U.S. App. LEXIS 15565 (7th Cir. July 30, 2013): Joyce Green contends that U.S. Cash Advance, from which she borrowed money, misstated the loan’s annual percentage rate and so violated the Truth…
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Rule 11 and § 1927 Sanctions Reversed Because Appellate Court Finds Position Deemed “Frivolous” by District Court to be “Substantial” and Potentially Meritorious

Leveski v. ITT Educ. Servs., Inc., 2013 U.S. App. LEXIS 13722 (7th Cir. July 8, 2013): Given our finding that Leveski’s allegations are sufficiently distinguishable from Graves–not to mention our finding that she has direct and independent knowledge of her…
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Arbitration — Order Compelling Arbitration and Administratively Closing, But Not Dismissing, Action Is Appealable As a “Final Decision” within FAA § 16(a)(3)

Montero v. Carnival Corp., 2013 U.S. App. LEXIS 14141 (11th Cir. July 12, 2013): As an initial matter, Carnival contends that we lack jurisdiction because the district court’s order compelling arbitration was a non-appealable interlocutory order, instead of an appealable…
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Failure to Identify Sanctioned Counsel as Appellant Forgiven Where Intent of Appeal Obvious and No Prejudice Shown — Aspects of Appeal Waived for Failure to Develop Arguments in Brief

Olson v. Bank of America, N.A., 2013 U.S. App. LEXIS 13289 (8th Cir. June 28, 2013): Attorney William Butler appeals from the district court’s order imposing sanctions against him under Federal Rule of Civil Procedure 11. We affirm. Footnote 2.…
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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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