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 Based on Misinterpretation of Substantive Law — Where Claims “Quickly and Correctly” Dismissed, They Did Not Vexatiously Multiply the Proceedings within § 1927 — Recklessness Suffices for § 1927 Sanctions in Ninth Circuit

Braunstein v. Ariz. Dep’t of Transportation, 2012 U.S. App. LEXIS 13150 (9th Cir. June 27, 2012): Under § 1927, an attorney who unreasonably and vexatiously “multiplies the proceedings” in a case may be required to pay the excess fees and…
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“Motion” to Voluntarily Dismiss under Rule 41(a)(1) May = Notice of Dismissal Despite Title — Court Retains Jurisdiction to Sanction, Cite for Criminal Contempt and Possibly Grant 60(b) Relief

Edwards-Brown v. Crete-Monee 201 U School Dist., 2012 U.S. App. LEXIS 16358 (7th Cir. Aug. 7, 2012): We note first that the district court properly construed Brown’s “motion” for voluntary dismissal as a notice of voluntary dismissal under Rule 41(a)(1).…
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Rule 26(b)(4)(E) Supersedes 28 U.S.C. § 1821 and Authorizes Award of Expert Fees and Expenses Over § 1821’s Cap — Appellate Brief Filed within 30 Days of Appealed Order = Additional Notice of Appeal for Issues Unmentioned in Original Notice

Halasa v. ITT Educational Servs., 2012 U.S. App. LEXIS 16930 (7th Cir. Aug. 14, 2012): ITT Educational Services is a for-profit corporation that runs “ITT Technical Institutes” in several locations throughout the United States, including Lathrop, California. Plaintiff Jason Halasa…
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Sanctions — Reasonable Prefiling Investigation May Negate Bad Faith — Misconduct in Another Court Sanctionable Only If It Is in Direct Defiance of Sanctioning Court — Relationship between Rule 11 and 35 U.S.C. § 285

Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., 2012 U.S. App. LEXIS 16450 (Fed Cir. Aug. 7, 2012): Allcare Health Management Systems, Inc. (“Allcare”) appeals from an order of the United States District Court for the Northern District of Texas…
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Posthumous Waiver of Attorney-Client Privilege Must Be in the Interest of the Decedent or the Estate — Reputational Damage to Decedent Benefitting Personal Representative / Executor Precludes Waiver

United States v. Yielding, 657 F.3d 688 (8th Cir. 2011): A jury found Geffrey A. Yielding guilty of two federal offenses: one count of aiding and abetting a violation of the so-called Medicare anti-kickback statute, in violation of 42 U.S.C.…
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Party Resisting Confirmation of Arbitration Award Is Entitled to Judicial Determination of Arbitrability Absent Clear and Unmistakable Evidence That Parties Agreed to Arbitrate Or Submit Issue to Arbitrator

Schneider v. Kingdom of Thailand, 2012 U.S. App. LEXIS 16508 (2d Cir. Aug. 8, 2012): “The question whether the parties have submitted a particular dispute to arbitration, i.e., the ‘question of arbitrability,’ is ‘an issue for judicial determination [u]nless the…
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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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