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 — Neither Prior Sanction Nor Explicit Observation of Frivolousness Affords Sufficient Due Process to Sustain Sua Sponte Rule 11 Sanction — Due Process Challenge Review Is Plenary, Not Abuse-of-Discretion

O.R. v. Hutner, 2013 U.S. App. LEXIS 2760 (3d Cir. Feb. 8, 2013): Appellant O.R. (“O.R.”) and his attorney, Rotimi A. Owoh (“Mr. Owoh”), (collectively “Appellants”), appeal the October 13, 2011 and January 27, 2012 Orders of the District Court,…
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Non-Testifying Expert Who Submits Declaration on Unsuccessful Summary Judgment Motion Is Subject to Deposition Concerning the Subject Matter of the Declaration — Also on Opinions Formed as Percipient Witness

Positive Techs., Inc. v. Sony Electronics, Inc., 2013 U.S. Dist. LEXIS 49738 (N.D. Cal. April 5, 2013): Plaintiff and Defendant have filed a joint statement regarding a discovery dispute over the deposition of Plaintiff’s expert, Dr. Alan Sobel. See Dkt…
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Expert’s Notes, Outlines, Lists, Letters, Memoranda and Internal Communications with Staff Are Discoverable, Unless They Contain Theories or Mental Impressions of Counsel — 2010 Expert Rules Amendments

Republic of Ecuador v. Bjorkman, 2013 U.S. Dist. LEXIS 60739 (D. Colo. April 26, 2013): First, because it is the intention of the rules committee to protect the mental impressions and legal theories of a party’s attorney, not its expert,…
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Affidavits Excluded for Failure to Identify Affiants in Initial or Supplemental Disclosures, Even Though Exclusion Is Tantamount to Dismissal — Factors for Exclusion and for Dismissal Sanctions

Carmody v. K.C. Bd. of Police Comm’rs, 2013 U.S. App. LEXIS 8128 (8th Cir. April 23, 2013): Sergeant James Carmody, Officer Marcus Davis, and Officer Robert Vivona (officers) appeal the district court’s1 orders (1) striking the officers’ affidavits submitted in…
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Rule 16(f) Sanctions — Pro Se Litigants Not Entitled to Disobey Two Orders before a Default or Dismissal Can Be Declared — Extrajudicial Rudeness Separately Sanctioned and Forms Part of Basis for Default Dismissal

Maus v. Ennis, 2013 U.S. App. LEXIS 5468 (11th Cir. Mar. 20, 2013): John Ennis, proceeding pro se, appeals the district court’s grant, in part, of a default judgment in favor of David Maus and Mark Ornstein (collectively, the “plaintiffs”)…
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Spoliation — Refusal to Give Mandatory Adverse Inference Instruction Is Consistent with Refusal to Grant Default Judgment (or Dismissal) — Permissive Instruction Upheld

Flagg v. City of Detroit, 2013 U.S. App. LEXIS 8361 (6th Cir. April 25, 2013): Plaintiffs challenge the district court’s decision to impose a permissive, as opposed to mandatory, adverse inference sanction against the City for destroying “e-mails sent and…
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RICO — Fraudulent Appraisal Sustains Mail Fraud-Based § 1962(c) Claim Alleging Scheme to Defraud Homeowner into Taking Out Unsustainable Mortgage, Leading to Foreclosure and Bankruptcy — Proximate Cause Is Not Same as Sole Cause (Good Quote)

Wallace v. Midwest Fin. Mortg. Servs., Inc., 2013 U.S. App. LEXIS 8111 (6th Cir. April 23, 2013): This is a subprime mortgage case brought by the borrower, Harold Wallace, against the lender, MortgageIT, Inc. (“MortgageIT”), the mortgage broker, Midwest Financial…
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Spoliation Sanctions — No Bad Faith Required for Adverse Inference If Preservation Is Required by Statute or Regulation and Harmed Party Is within Class Protected by That Provision — Even Adverse Inference Insufficient to Avoid Summary Judgment

Grosdidier v. Broad. Bd. of Governors, 2013 U.S. App. LEXIS 4706 (D.C. Cir. Mar. 8, 2013): Camille Grosdidier has worked in the French to Africa Service of the Voice of America (“VOA”) since 1987, since 1991 as a GS 12.…
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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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