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

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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Sanctions: Dismissal to Bar Refiling in State Court of Frivolous Claim Filed in Federal Court Lacking Jurisdiction — Absent Jurisdiction over Complaint, Counterclaim Must State Federal Jurisdiction — Sovereign Citizens’ Movement & Admiralty

El v. AmeriCredit Financial Servs., 2013 U.S. App. LEXIS 5579 (7th Cir. Mar. 20, 2013): The plaintiff bought a used pickup truck in 2011 for $28,000 and financed the purchase by means of a six-year installment contract that specified an…
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Party Cannot Seek Expert Fees for Deposition Time of Expert Who Testifies for Free — Eight Factor Test to Determine Whether Expert Fee Request Is Reasonable — Inherent Power Sanctions for Invoice for Free Expert

Eastcott v. Hasselblad A/S, 892 F. Supp. 2d 587 (S.D.N.Y. 2012) (Rakoff, J.): Contrary to the apparent view of plaintiff and his counsel, a legal forum is not the place to play a shell game. The opportunity for such shenanigans…
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SLUSA Displaces Class Actions Alleging Breach of Variable Universal Life Insurance Contracts Where Fraud Is Alleged But Not Does Not Displace Pure Breach of Contract Claims

Freeman Investments, LP v. Pacific Life Ins. Co., 704 F.3d 1110 (9th Cir. 2012): The Securities Litigation Uniform Standards Act of 1998 (SLUSA) precludes state law class actions that allege misrepresentation or fraudulent omission in connection with the purchase or…
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Spoliation — “The Sanction Should Have Some Correlation to the Degree of Fault” — Dismissal Excessive Absent Grave Prejudice (Adverse Inference OK) — Business Records Exception Inapt If Record Made in Anticipation of Litigation

Byrd v. Alpha Alliance Ins. Corp., 2013 U.S. App. LEXIS 6398 (6th Cir. Mar. 26, 2013): Plaintiff Sam Byrd appeals the district court’s grant of summary judgment in favor of Defendant Alpha Alliance Insurance Corporation (“Alpha Alliance”) and dismissal of…
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Waiver of Attorney-Client Privilege by Inadequate Privilege Log — Sale and Transfer of Assets, Including Privileged Material, Waives Privilege and Work Product — Court Enters 502(d) Order Confining Waiver to Instant Case

Solis v. Bruister, 2013 U.S. Dist. LEXIS 29108 (January 22, 2013): Plaintiff’s Motion to Compel seeks an order compelling the production of documents subpoenaed by Plaintiff from DirecTV, the purchaser of Southeastern Ventures, Inc. f/k/a Bruister & Associates, Inc. These…
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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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