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

Supreme Court on Sanctions — If Plaintiff Asserts Both Frivolous and Non-Frivolous Claims, Court May Grant Attorneys’ Fees that Defendant Incurred Because of, and Only Because of, the Frivolous Claims — “But For” Causation Test

From Fox v. Vice, 131 S. Ct. 2205 (2011) (decided under Civil Rights Act attorneys’ fees provision, 42 U.S.C. § 1988, but logically applicable to any sanctions provision authorizing award of “reasonable attorney’s fees” — e.g., Rule 11): Federal law…
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Stock Price Data Inadmissible Where Price Drop May be Attributable to Irrelevant Causes — Rejecting Stipulations — Waiver v. Forfeiture of Objection & Plain Error Review — Double Hearsay

From United States v. Ferguson, 2011 U.S. App. LEXIS 15811 (2d Cir. Aug. 1, 2011): Materiality is an element of most of the charged offenses. There must have been a “substantial likelihood” that the LPT-related misstatements would be important to…
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Motion to Recuse Not Only Members of Panel that Ruled against Her but also All Other, Unnamed Circuit Judges “Who Share Their Feelings” Not Only Frivolous but Appears to Comprise Malicious Disparagement of Court

From Gallop v. Cheney, 645 F.3d 519 (2d Cir. 2011) (denying rehearing of opinion excerpted in our post of June 7, 2011): While Gallop’s petition for rehearing was pending before this Court, she moved, pursuant to 28 U.S.C. §§ 144…
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Literal Truth No Defense to Rule 11 Sanctions If Misleading — Reliance on Dubious Computerized Data from client’s Third-Party Vendor ≠ Reasonable Inquiry — Reliance on Client: Need Not Assume Duplicity — Uninvolved Senior Partner Not Culpable

From In re Taylor, 2011 U.S. App. LEXIS 17651 (3d Cir. Aug. 24, 2011): This case is an unfortunate example of the ways in which overreliance on computerized processes in a high-volume practice, as well as a failure on the…
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Amended Complaint that Fundamentally Changes the Shape of a Case Revives Defendant’s Right to Compel Arbitration — Here, Vastly Augmented Class Definition

From Krinsk v. Suntrust Banks, Inc., 2011 U.S. App. LEXIS 18521 (11th Cir. Sept. 7, 2011): Defendant SunTrust Bank (“SunTrust”) appeals the district court’s order denying its motion to compel plaintiff Sara Krinsk to submit her claims to arbitration pursuant…
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Responsive Internet Pages that Party Intends to Introduce Must Be Produced in Discovery — No Defense that They Haven’t Been Printed Out — Someone Other Than Trial Counsel Should Authenticate — Non-Hearsay Uses of Internet Evidence

From Firehouse Restaurant Group, Inc. v. Scurmont LLC, 2011 U.S. Dist. LEXIS 89727 (D.S.C. Aug. 11, 2011): I: Internet Printouts of Alleged Third Party Use Firehouse seeks to preclude Calli Baker’s from introducing a substantial number of printouts from various…
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Recent Articles

nherent 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?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

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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