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

In Action Alleging Misrepresentation Concerning Product, Problems and Complaints of Third Parties Prior to Contract of Sale Are Admissible to Show State of Mind of Defendant — High Standard for Success on Motion in Limine to Exclude

From Silicon Knights, Inc. v. Epic Games, Inc., 2011 U.S. Dist. LEXIS 128897 (E.D.N.C. Nov. 8, 2011): SK and Epic are both engaged in the business of developing video games. On May 10, 2005, SK entered into a license agreement…
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Treating Physician Must Provide 26(a)(2)(B) Expert Report If Opinions Extend Beyond Those Formed during Treatment — Presumptively Mandatory Sanctions — Particularly Broad Discretion as to Type

From Ghiorzi v Whitewater Pools & Spas, Inc., 2011 U.S. Dist. LEXIS 125329 (D. Nev. Oct. 27, 2011): Applying Rule 37(a)(3) and (c)(1) compels the conclusion that an expert’s trial testimony should be automatically excluded if a party fails to…
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Breadth of Arbitral Immunity — Trivial Differences between Rule 11 Motion as Served and as Filed Do Not Vitiate It or Require Second Safe Harbor Period — Permitted Inference vs. Unpermitted Speculation

Bletas v. Deluca, 2011 U.S. Dist. LEXIS 133132 (S.D.N.Y. Nov. 14, 2011): Pro se plaintiffs … (collectively, the “former franchisees”) former franchisees of Subway International B.V. (“SIBV”) who operated sandwich shops in Greece, and plaintiff [X], a Greek attorney who…
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Identity of Confidential Informants in Securities Class Action Are Not Protected from Disclosure as Work Product — As Distinct from Request for All Witnesses Interviewed, Which Seeks Protected Information

Plumbers & Pipefitters Local Union No. 630 Pension Annuity Trust Fund v. Arbitron, Inc., 2011 U.S. Dist. LEXIS 131091 (S.D.N.Y. Nov. 14, 2011): This decision addresses a discovery dispute. Defendant Arbitron, Inc., moves for an order directing the lead plaintiff,…
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Mandatory Withdrawal of the Reference Where “Substantial and Material Issues” of Non-Bankruptcy Federal Law — and Especially Issues of First Impression — Are Involved

SIPC v. Bernard L. Madoff Inv. Secs. LLC, 454 B.R. 307 (S.D.N.Y. 2011): JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., J.P. Morgan Securities LLC, and J.P. Morgan Securities Ltd. (collectively, “JPMorgan”) have moved for an order under 28 U.S.C.…
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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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