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

Rule 54(b) — Directing Entry of Final Judgment as to Some But Not All Parties or Claims — Factors and Review — Special Masters Entitled to Quasi-Judicial Immunity Even for Invoices for Services

Nystedt v. Nigro, 2012 U.S. App. LEXIS 23947 (1st Cir. Nov. 20, 2012): The claims against the Nigro defendants are narrowly focused. The complaint posits that the special master’s delinquent performance of his duties prolonged the will contest and, thus,…
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Contempt Citation Against Feds for Post-BP Oil Drilling Moratorium Reversed — Stricter “Abuse of Discretion” Review for Contempt — Meaning of “Clear and Convincing” — Argument Waived by Inadequate Briefing

Hornbeck Offshore Servs., LLC v. Salazar, 2012 U.S. App. LEXIS 24355 (5th Cir. Nov. 27, 2012) (Note: 2 to 1 decision): This case arises from the 2010 Deepwater Horizon accident in the Gulf of Mexico. An explosion killed 11 workers,…
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Court May Allow Affirmative Defense to Be Raised Initially in Pretrial Order or at Summary Judgment — PSLRA’s RICO Bar Applies to Securities in Private Entities — Predicate Acts Sharing Same Purpose, Result, Victims = Single RICO Enterprise

Gilmore v. Gilmore, 2012 U.S. App. LEXIS 24403 (2d Cir. Nov. 28, 2012): Plaintiff David Gilmore (“David”) appeals from the September 1, 2011 memorandum decision and order of the United States District Court for the Southern District of New York…
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§ 1927 Sanctions — Circuit Split as to Whether Bad Faith Is Required or Recklessness Suffices — Failure to Name Counsel as Appellant Not Fatal If Appealed Order Sanctions Counsel Only — One Appellate Panel Cannot Overrule Another

McKenzie v. Norfolk S. Rwy., 2012 U.S. App. LEXIS 24171 (4th Cir. Nov. 20, 2012): Appellants next challenge the district court’s entry of attorneys’ fees against Schmidt under 28 U.S.C. § 1927. Prior to addressing the merits of the §…
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Rule 45(c)(1) Cannot Support a Sanction Where the Cost of Complying with the Subpoena Is Minimal and Subpoena Was Not Facially Defective or Issued in Bad Faith — Appealability of Discovery Order Relating to Out-of-Circuit Case That Is Still Pending

Mount Hope Church v. Bash Back!, 2012 U.S. App. LEXIS 24233 (9th Cir. Nov. 26, 2012): Mount Hope Church (“Mount Hope” or “the Church”) appeals a sanction order granting attorneys’ fees and costs to Appellees Riseup Networks (“Riseup”) and Objector…
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Ponzi Schemes — Rising Tide vs. Net Loss Method of Allocating Recovered Assets — Reinvestment (in the Scheme) Wrinkle — Bankruptcy Methodology and Fraudulent Conveyance Issues

SEC v. Huber, 2012 U.S. App. LEXIS 24547 (7th Cir. Nov. 29, 2012): William Huber operated a Ponzi scheme in which 118 investors lost a total of $22.6 million. He had told his investors–mainly friends and acquaintances, who trusted him–that…
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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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