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

Failure to Disclose a Judgment as Required by Statute Is Sanctionable under Inherent Power without Bad Faith— Amount of Sanction Is Unaffected by Median Income or Criminal Penalties

From In re Plumeri, 2010 U.S. Dist. LEXIS 80256 (S.D.N.Y. Aug. 2, 2010): Bankruptcy debtor Saundra Plumeri (“Debtor”) and her attorney, Richard D. Lamborn (“Lamborn”), appeal from an Order of the Honorable Martin Glenn, United States Bankruptcy Judge, imposing sanctions…
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After § 1404 Transfer, Circuit Reviews Issues Decided by Transferor Court (Circuit Split) — Voluntary Dismissal of Federal Claim Does Not Affect §1367 Jurisdiction — What Is Inadvertent? (Good Quote)

From Anderson v. Aon Corp.,, 2010 U.S. App. LEXIS 15250 (7th Cir. July 26, 2010): Anderson’s lead argument on appeal is that, once he withdrew the RICO claim, federal jurisdiction vanished and 28 U.S.C. § 1447(c) obliged the court to…
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Court Enjoys Wide Discretion to Decide If There Is a Pattern of Delay or Disobedience to Court Orders Justifying Rule 16(f) Sanctions — Denial of Sanctions for Untimely Production of Minimally Relevant Documents Upheld

From Guimaraes v. Nors, 366 F. App’x. 51(11th Cir. 2010): Under Rule 16(f), a court may impose sanctions if a party or its attorney violates a scheduling or other pretrial order, including a discovery order. Fed.R.Civ.P. 16(f)(1)(C). We have upheld…
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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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