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

No Federal Subject Matter Jurisdiction Exists over Declaratory Judgment Brought by One Private Party against Another That Stands in the Shoes of a Public Official

Loyd’s Aviation, Inc. v. Center for Environmental Health, 2011 U.S. Dist. LEXIS 121134 (E.D. Cal. Oct. 19, 2011): Plaintiffs are a group of small businesses that distribute lead-containing aviation fuel (“Avgas”) to air carriers and other aircraft operators at airports…
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Court Generally Should Stay Action on Granting Motion to Compel Arbitration, Not Dismiss It — Judicially-Created Exception If Arbitration Will Clearly Resolve All Issues

From Green v. SuperShuttle Int’l, Inc., 2011 WL 3890326 (8th Cir. Sept. 6, 2011): Mack Green and other current or former shuttle bus drivers at the Minneapolis–St. Paul International Airport (collectively Green) brought suit against SuperShuttle International, Inc., SuperShuttle Franchise…
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Inherent Power Sanctions for Failing to Return Confidential Information as Required by Settlement Agreement and in Violation of Court Order — Jurisdiction to Sanction via Subpoena under Rule 45

Johnson v. Hankook Tire Mfg. Co., 2011 U.S. App. LEXIS 20868 (5th Cir. Oct. 13, 2011): This matter arises from an attorney’s improper retention of confidential materials after settlement of a case in a Texas state court. The appellant, Wesley…
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Reliance on Internal Investigation as Affirmative Defense Effects Waiver Not Only of Report But Also Witness Interviews, Notes and Other Materials Protected by Privilege and Work Product

From Angelone v. Xerox Corp., 2011 U.S. Dist. LEXIS 109407 (W.D.N.Y. Sept. 26, 2011): This Title VII employment discrimination action stems from plaintiff’s employment with defendant Xerox. See Complaint (Docket # 1). Specifically, plaintiff alleges that she was discriminated against…
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Contempt Sanctions for Violation of Protective Order — Giving Documents to Unauthorized Person with a Financial Incentive to Read Them = Contempt Notwithstanding Oral Direction Not to Read Them

From Hunt v. Enzo Biochem, Inc., 2011 U.S. Dist. LEXIS 117607 (S.D.N.Y. Oct. 11, 2011): Enzo Biochem, Inc., Heiman Gross, Barry Weiner, Elazar Rabbani, Sharim Rabbani, John Deluca, Dean Engelhardt, and John Does 1-50 (the “Enzo Defendants”) bring this motion…
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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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