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

Testifying Expert in Related Case Is Afforded Work Product Protection under 2010 FRCP Amendments — Notes of Experts and Communications with Non-Lawyers Unprotected — Communication Through, or Copying, Agents Does Not Undo Protection

In re Application of Republic of Ecuador … under 28 U.S.C. § 1782, 2012 U.S. Dist. LEXIS 157497 (N.D. Fla. Nov. 2, 2012): This proceeding is a small part of an expansive, long-running international dispute. The principal adversaries are the…
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Inherent Power Sanctions: Abuse of Discretion Review Enhanced — Conduct Must Constitute/Be Tantamount to Bad Faith and Be Motivated by Improper Purpose — Unmade Argument Not Waived Where No Chance to Timely Raise It

Wilson v. Citigroup, N.A., 2012 U.S. App. LEXIS 26381 (2d Cir. Dec. 26, 2012): On March 21, 2011, plaintiff Robert E. Wilson III filed a complaint in the district court alleging that various defendants wrongfully denied him participation in the…
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Adoption of Arbitral Rules That Grant Arbitrator the Power to Determine Arbitrability Evinces Parties’ Binding Agreement to Forgo Judicial Resolution — So, Too, Does Use of Broad Arbitration Clause

Wynn Resorts, Ltd. v. Atlantic-Pacific Capital, Inc., 2012 U.S. App. LEXIS 23312 (9th Cir. Nov. 13, 2012): 1. Responsibility for Deciding the Arbitrability Issue “The question whether the parties have submitted a particular dispute to arbitration, i.e., the ‘question of…
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Experts — Rule 26(e)(2) Duty to Supplement Expert Report or Deposition Cannot Be Used to “Sandbag One’s Opponent” and Introduce New Opinions after Court-Ordered Deadline — Rule 37(c)(1) Preclusion Applies — Good Quote

Stuhlmacher v. Home Depot USA, Inc., 2012 U.S. Dist. LEXIS 164722 (N.D. Ind. Nov. 19, 2012) (note: This LEXIS citation is subject to change when the opinion is annotated and Shepardized by LEXIS): Federal Rule of Civil Procedure 26(a)(2)(D) states…
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Securities — Nature and Extent of § 16(b) Liability — Violation of Statutorily-Imposed Fiduciary Duty to Issuer Defeats Argument That Derivative Plaintiff Lacks Constitutional Standing — Violation of Statutorily-Granted Right = Injury in Fact

Donoghue v. Bulldog Investors G.P., 696 F.3d 170 (2d Cir. 2012): Defendants Bulldog Investors General Partnership and principal Phillip Goldstein (collectively, “Bulldog”) appeal from a judgment entered on March 31, 2011, by the United States District Court for the Southern…
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Sanctions — Pro Se Litigants Must File Separate Motion and Provide 21-Day Safe Harbor — Lawyer as Pro Se Litigant Held to Higher Standard — Post-Dismissal, Court Retains Jurisdiction to Sanction

Metro. Life Ins. Co. v. Kalenevitch, 2012 U.S. App. LEXIS 22262 (3d Cir. Oct. 26, 2012): In 2010, Metropolitan Life Insurance Company (“MetLife”) filed a complaint seeking a declaratory judgment that would identify the party entitled to the remaining balance…
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Class Action Fairness Act Jurisdiction — Circuit Split as to How to Determine Whether a State Is a Real Party in Interest in a Parens Patriae Action — Claim-by-Claim vs. Wholesale Approach to Reading Complaint

Myinfoguard v. Sorrell, 2012 U.S. Dist. LEXIS 161070 (D. Vt. Nov. 9, 2012): With respect to both section 1332(a) and CAFA, federal courts are in general agreement that “a crucial distinction must be made between a plaintiff who sues solely…
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Confronting Argument That Binding Supreme Court Decision Is Wrong: “Whether or Not the Supreme Court Is Infallible, It Is Final,” and “It Belongs to That Court … to Decide Whether to Revisit Its Precedent” — Good Quotes

Woolsey v. Citibank, N.A., 696 F.3d 1266 (10th Cir. 2012): Before us, though, the Woolseys don’t just shrink from, they repudiate the only possible winning argument they may have had. They choose to pursue instead and exclusively a line of…
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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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