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

Inherent Power Sanctions Require Specific Finding of Bad Faith Or Willful, Deliberate Disobedience of Court Order — Finding of Recklessness or Bad Faith Essential — Ignoring Court Order after Retention Ends, Without More, Does Not Suffice

Edwards v. Alameda-Contra Costa Transit Dist., 2020 WL 1131260 (9th Cir. Mar. 9, 2020) (unpublished): MEMORANDUM* *1 Appellant Darion Edwards appeals the district court’s imposition of sanctions against his attorney, Mr. Na’il Benjamin, pursuant to its inherent authority and 28 …
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Experts: District Court Must Apply Rule 702 and Daubert in Bench Trials — While Court Retains Latitude to Decide How to Do So, Must Choose among Reasonable Alternatives, Can’t Abandon Gatekeeping Function

UGI Sunbury LLC v. A Permanent Easement for 1.7575 Acres, 2020 U.S. App. LEXIS 4192 (3d Cir. Feb. 11, 2020): "An intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized…
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Waiver of Privilege/Work Product Reviewed for Abuse of Discretion — Per Curiam Opinion (PCO) with 3 Differing Opinions: Only PCO = Holding, Use The Marks Rule to Construe 3 Opinions — Law of the Case Doctrine & Mandate Rule (10th Cir.)

Harte v. Bd. of Comm'rs of the Cty. of Johnson, 940 F.3d 498 (10th Cir. 2019): Although we strive to ensure that the parties, the district courts, and the public understand our decisions, sometimes we falter. Plaintiffs previously appealed the…
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Copyrights: If Licensor Grants Licensee Unrestricted Right to Sublicense, Sublicense May Be Implied from Conduct Of Sublicensor & Sublicensee — Contracts: Covenants vs. Conditions & Effect of Violation on Use of License As Defense

Photographic Illustrators Corp. v. Orgill, Inc., 2020 U.S. App. LEXIS 8099 (1st Cir. Mar. 13, 2020): In this case of first impression in the circuit courts, we hold that a copyright licensee given the unrestricted right to grant sublicenses may …
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Hospital’s YouTube Videos Aspiring to Zero Errors Irrelevant to Med Mal Unless Relied on by Pl — Court May Deny Use of R. 32(a)(3) Video Dep If Wit Available, Even Tho Rule Says Dep Can Be Used for Any Purpose (Dicta?)—What’s Relevant? (Good Quote)

Berrios v. Mennonite Gen. Hosp., Inc., 2020 U.S. Dist. LEXIS 17329 (D.P.R. Jan. 30, 2020); BACKGROUND Pending before the Court are Plaintiff Angélica González-Berrios' Motion in Limine to Include and Exclude Evidence at Trial and Supplemental In Limine Request (Docket …
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Federal Court Has Personal Jurisdiction (JD) in Class Action If It Has General JD over Def. Or Specific JD Based on Named Plaintiff Alone — 23(f) Appeal OK from Any Order Functionally Equivalent to Motion Denying Certification

Mussat v. IQVIA, Inc., 2020 U.S. App. LEXIS 7560 (7th Cir. Mar. 11, 2020): Florence Mussat, an Illinois physician doing business through a professional services corporation, received two unsolicited faxes from IQVIA, a Delaware corporation with its headquarters in Pennsylvania. …
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Recent Articles

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

Paul Weiss Did The Right Thing

RICO: Unsettled Whether Legal Expenses Constitute Injury to Business or Property in Ninth Circuit — Leave to Amend Must Be Granted Unless 1 or More of 5 Factors Is Present — Request for Judicial Notice of Wikipedia Articles Fails to Satisfy The Standards Fed. R. Evid. 201

FRAP 38 Sanctions Denied Without Prejudice for Lack of Separate Motion

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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