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

Appealability of Attorney Criticism Absent Sanctions — Good Discussion of Spectrum — Actual Finding of Prof’l Misconduct Appealable — Warning Given in Denying Sanctions Not, Nor Is Referral to Disciplinary Comm. without Finding of Misconduct

Montalto v. Miss. Dept. of Corrections, 2019 WL 4296699 (5th Cir. Sept. 11, 2019): *1 Mississippi inmate Stephen Montalto filed a § 2254 petition for habeas relief seeking reinstatement of his earned-release supervision (ERS) and trusty time. Montalto alleged that…
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Inherent Power: Court Should Fashion Sanction That Is “Direct Response to the Harm” — Defiance of Court Order = Bad Faith — Court Need Not Use “Magic Words ‘Bad Faith’” (Good Quotes) — $7,000 Sanction for Ignoring Order to Pay $700 OK

Ibezim v. George Grp., Inc., 2019 WL 4668135 (11th Cir. Sept. 25, 2019) (unpublished): *1 This is a fight over fees. The appellant Michael Ibezim sued The GEO Group, Inc., his former employer, for employment discrimination. He lost. But before…
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Rule 11 Sanctions for Factually Misleading Complaint That Failed to Attach or Fully Explain Terms of Contract on Which It Relied — Compensatory Attorney’s Fees Appropriate Regardless of Receipient’s Indemnification by Third Party

Superior Consulting Servs., Inc.v. Steeves-Kiss, 2019 WL 4318903 (9th Cir. Sept. 12, 2019): MEMORANDUM* Superior Consulting Services (“Superior”) appeals the district court’s dismissal with prejudice of its First Amended Complaint for common law unfair competition and conversion, as well as…
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Rule 11 Sanctions: Error to Award Attorney’s Fees Sua Sponte Or to Issue Any Sanction on Withdrawn Claim — Can’t Seek Leave to Amend after Judgment Entered without Also Moving to Set Aside Judgment

Wolfington v. Reconstructive Ortho. Assocs. II PC, 2019 US App Lexis 24770 (3d Cir. Aug. 20, 2019): This is an appeal from the District Court's entry of judgment on the pleadings against appellant-plaintiff Andrew Wolfington on his claim under the …
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RICO Statute of Limitations Not Tolled by Defendants’ Refusal to Concede (& Allegedly Lying about) Misconduct — No Equitable Tolling If Plaintiff in Fact Aware of Misconduct

Bernegger v. Dep't of Revenue, 2019 U.S. App. LEXIS 26395 (5th Cir. Aug. 30, 2019) (unpublished): PER CURIAM:* Peter Bernegger challenges the dismissal of his claims against two Mississippi Department of Revenue employees in their individual capacities. Because…
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Specific Personal Jurisdiction Is Claim-Specific — First-to-File Rule (Factors) and Anticipatory Declaratory Judgment Exception — DJ Actions (Factors As to Appropriateness)

J.M. Smucker Co. v. Promotion in Motion, Inc., 2019 U.S. Dist. LEXIS 193896 (N.D. Ohio Nov. 7, 2019): Currently pending is Defendant Promotion in Motion's Motion to Dismiss Amended Complaint. (Doc. No. 14.) Plaintiff J.M. Smucker Company filed a Brief…
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R. 11 Sanctions for Disqualification Motion—DQ Apt Only If Lesser Remedies Unavailable — Factors for Advocate Witness DQ — Type, # of Violations Guide Sanction — Papers “More About Vitriol … Than Fact Or Legal Principle” (Good Quotes)

Finley Grp., Liquidating Agent For RedF Mktg., LLC v. Roselli (In re RedF Mktg., LLC), 2019 Bankr. LEXIS 3311 (W.D.N.C. Bankr. Oct. 21, 2019): ORDER DENYING MOTION TO DISQUALIFY AND GRANTING MOTION FOR SANCTIONS This matter is before the Court…
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Removal: Is Denial of Request for Admission That Claim Doesn’t Exceed $75,000 Sufficient to Establish Amount in Controversy? — Case Law Split — Settlement Offer Over $75K Can Be “Other Paper” Supporting Removal

Streicher v. Sam's East, Inc., 2019 U.S. Dist. LEXIS 34052 (S.D. Ga. Mar. 4, 2019): Before the Court is Plaintiffs' Motion to Remand to State Court. (Doc. 4.) For the following reasons, the Court concludes that Defendant's removal was timely…
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Appeals: Party with Prejudgment Certification to Appeal Must File Petition in 10 Days — District Court Can’t Reenter or Recertify to Restart Clock — 10-Day Period Is Set in Statute, Is Jurisdictional, Not Claims-Processing

Groves v. United States, 2019 U.S. App. LEXIS 31974 ((7th Cir. Oct. 25, 2019): When a district court certifies an order for review before final judgment, parties have only ten days to petition us to hear the interlocutory appeal. Decades …
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FRAP 38 Sanctions for Not Substantively Addressing District Court’s Reasoning — Vexatious Litigant Injunction on Appeal Per Inherent Power & All Writs Act — Good Quote on Pro Se Status Not Insulating Party from Clogging Courts with Meritless Case

Henneberger v. Ticom Geomatics, Inc., 2019 WL 5688237 (5th Cir. Nov. 1, 2019) (unpublished):*1 Pending before the court is a motion to dismiss this appeal as frivolous, award the moving defendants-appellees1 costs in the amount of their attorney …
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Recent Articles

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 Propoerty 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?

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

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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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