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

American Pipe Tolls Statute of Limitations for Subsequent Class Action — Not Just Individidual Action — If Prior Class Action Was Disposed of Without Resolution of Class Issues

In re: Vertrue Inc. Marketing & Sales Practices Litigation, 2013 U.S. App. LEXIS 7693 (6th Cir. April 16, 2013): This matter arises from a multidistrict litigation proceeding, encompassing thirteen putative class action suits challenging the sales and marketing practices of…
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Veterans Affairs Department Subject to Inherent Power Sanction for Extrajudicial Conduct (Application of Concededly Invalid Rule) Contrary to Representations to Federal Circuit — Creative Alternative to Sanction Offered

Nat’l Org. of Veterans Advocates, Inc. v. Sec’y of Veterans Affairs, 2013 U.S. App. LEXIS 5541 (Fed. Cir. Mar. 21, 2013): The National Organization of Veterans’ Advocates, Inc. (NOVA) petitioned us to review a rule promulgated by the Department of…
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Spoliation: Failure of Plaintiff’s Experts to Preserve Evidence before Defendant Knew of Claim Justifies Permissive Adverse Inference Instruction — Proper to Exclude Evidence Product Manufactured in China — No Reason to Sequester Experts

Indemnity Ins. Co. of N. Am. v. Electrolux Home Prods., Inc., 2013 U.S. App. LEXIS 6609 (3d Cir. April 2, 2013): Appellant, Indemnity Insurance Company of North America (“Indemnity”), as subrogee of the Unionville-Chadds Ford School District (“School District”), brought…
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Expert Opinion on Damages — Good Quotes — Forum State Rule Awarding Attorneys’ Fees to Prevailing Party Applies in Federal Court — Does Such a Forum State Rule Trump Contrary State Law Governing Decision? It Depends

Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc., 2013 U.S. App. LEXIS 4566 (9th Cir. Mar. 9, 2013): Several state law questions arise in this appeal, and [two] federal law questions, whether expert testimony should have been excluded under Daubert…
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Recent Articles

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

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

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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