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

Earliest Case Rule: When Faced with Intra-Circuit Split, Court Should Look to the Line of Authority Containing Earliest Decision Because Later Panel Cannot Overturn Earlier Panel

Centeno v. NCL (Bahamas) Ltd., 2012 U.S. Dist. LEXIS 39741 (S.D. Fla. Mar. 21, 2012): Although Lindo rejects Thomas, it rejects Thomas saying it is inconsistent with a prior decision, Bautista. “When faced with an intra-circuit split we must apply…
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Circuit Split as to Whether Government or Plaintiff Bears Burden of Proving Applicability/Inapplicability of Discretionary Function Exception in Federal Tort Claims Act Case

Timmerman v. United States, 2012 U.S. Dist. LEXIS 78651 (D. P.R. June 5, 2012): The FTCA provides a “carefully limited waiver” of the federal government’s sovereign immunity for certain claims alleging harm caused by United States employees or agents. Carroll…
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Jury Can’t Rely on Wikipedia But Circuit Does — Jury Verdict Overturned Due to Juror’s Consultation of Wikipedia During Deliberations in Direct Violation of Instruction — Reliability Questioned

United States v. Lawson, 677 F.3d 629 (4th Cir. 2012) (overturning a criminal conviction because a juror consulted Wikipedia for a definition of “sponsor”): Six days after the jury returned its verdict finding Lawson guilty on all charges, one of…
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Inherent Power Sanctions Imposed on Sophisticated Party for Court Papers Groundlessly Opposing Arbitration — Bad Faith Shown by Redacting Key Contractual Language from Quotation to Court

Amaprop Ltd. v Indiabulls Fin’l Servs. Ltd., 2012 U.S. App. LEXIS 10586 (2d Cir. May 25, 2012): Respondent-Appellant Indiabulls Financial Services Limited (“IFSL”), an Indian corporation, appeals from an award of attorney’s fees granted by the district court as a…
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Joint Defense / Common Interest Privilege — Circuit Split as to Whether Parties Must Anticipate Litigation for the Privilege to Apply — Written Agreement Unnecessary — What Is a Common Legal Interest?

United States v. Env’l Defense Fund, 2012 U.S. Dist. LEXIS 59565 (M.D. N.C. 2012): VI. JOINT DEFENSE OR COMMON INTEREST RULE The Fourth Circuit recognizes an exception to waiver of attorney-client privilege in the joint defense rule, now “more properly…
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Cost of Unsafe Medical Procedure ≠ RICO Injury — Fraud Claim Duplicative of Malpractice Claim Must Be Dismissed Absent Separate and Distinct Injury

Gotlin v. Lederman, 2012 U.S. App. LEXIS 8790 (2d Cir. May 1, 2012): In this action, Gotlin asserts, inter alia, that defendants fraudulently misrepresented the efficacy of a particular form of cancer treatment, Fractionated Stereotactic Radiosurgery (“FSR”), and therefore unlawfully…
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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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