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

Discovery under 28 U.S.C. § 1782 — Ex Parte / OSC Approach Satisfies Due Process — Deferential Appellate Review: “Not Outside the Range of Permissible Decisions”

Gushlak v. Gushlak, 2012 U.S. App. LEXIS 13535 (2d Cir. July 3, 2012): Respondent-appellees Myron Gushlak (“Gushlak”) and Yelena Furman (“Furman”) appeal from orders of the district court granting Debbie Gushlak’s petition for an order of judicial assistance, under 28…
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Imposing Inherent Power Sanctions without Order to Show Cause Violates Due Process — Footnote in Prior Opinion Insufficient — Decision to Sanction Made Unilaterally, Rendering Notice Nugatory — Sanctions for Violating Local Font Rules Reversed

Kornhauser v. Comm’r of Social Security, 2012 U.S. App. LEXIS 13504 (11th Cir. July 2, 2012): Valinda S. Kornhauser brought this lawsuit to challenge the decision of the Commissioner of Social Security denying her claim for disability benefits. The District…
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While Rule 11 Does Not Impose a Continuing Duty to Update, Correct or Withdraw a Pleading, It Does Bar Continued Prosecution After a Claim Becomes Meritless (Here, Settlement Agreement Entered)

Fuerst v. Fuerst, 832 F. Supp. 2d 210 (E.D.N.Y. 2011): As an initial matter, the Defendant’s contention that sanctions are warranted relies on the presumption that the Settlement effectuated a release of the Plaintiff’s claims. A review of the Settlement…
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Standards for Sanctions under Federal Rule of Bankruptcy Procedure 8020 = Those for FRAP 38 — While Court May Consider Offender’s Ability to Pay, It Is Not Required to Do So (Unlike under Rule 11)

WMS Motor Sales v. Reese (In re Reese), 2012 U.S. App. LEXIS 12134 (6th Cir. June 13, 2012): Attorney-Appellant Irene K. M*** appeals the Bankruptcy Appellate Panel’s (“BAP”) imposition of sanctions for filing a frivolous appeal in bankruptcy proceedings involving…
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RICO — “We Find It Extremely Difficult to Fathom Any Scenario in Which An Attorney Might Expose Himself to RICO Liability by Offering Conventional Advice to a Client or Performing Ordinary Legal Tasks” (Good Quote)

RSM Production Corp. v. Freshfields Bruckhaus Deringer US LLP, 2012 U.S. App. LEXIS 12784 (D.C. Cir. June 22, 2012): RSM Production Corporation (“RSM”) appeals the dismissal of its complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), against the law…
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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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