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

Sanctions—Even Egregious Litigation Abuse Doesn’t Subject Non-Party (Corp. Officer) to Personal Liability for Amount of Claim against Party (Corp.) — Must Be Punished under Appropriate Sanctions Power

The plaintiff in this case, Life Technologies Corp., filed a complaint against another corporation of the same name (the defendant corporation, or the defendant), alleging trademark infringement and unfair competition under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A). The…
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Disqualification: “Questionable at Best” Whether Party Has Standing to Raise a Conflict between Opposing Parties & Their Counsel (Good Quote) — Speculation That Adversay “Knew” a Lawsuit Was Coming Not Enough for Spoliation Sanctions

Plouffe v. Cevallos, 2019 U.S. App. LEXIS 17603 (3d Cir. June 12, 2019) (unpublished): This is a [*5]  consolidated appeal of two employment-related civil actions stemming from William C. Plouffe, Jr.'s firing by Kutztown University. The first action was against…
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Non-Signatory May Not Compel Arbitration under NY Convention (NYC) — While FAA Permits This If State Law Allows, If the FAA Allows What the NYC Prohibits, the NYC Controls

Setty v. Shrinivas Sugandhalaya (BNG) LLP, 2019 U.S. App. LEXIS 17071 (9th Cir. June 6, 2019) (unpublished): MEMORANDUM* Shrinivas Sugandhalaya LLP ("SS LLP"), an incense manufacturing company based in Mumbai, appeals the district court's order denying its motion to…
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28 U.S.C. § 1782 — Foreign Recognition, Enforcement, Attachment & Garnishment Proceedings after Merits Decided Are Not “Adjudicative” & Thus Not “Proceedings” within §1782 — No Discovery Permitted

In re Galaxy Energy & Res. Co. Pte. Ltd., 2019 U.S. Dist. LEXIS 109718 (S.D.N.Y. July 1, 2019): Before the Court is the ex parte Petition of Galaxy Energy and Resources Co. Pte. Ltd. ("Galaxy" or "Petitioner") seeking permission to …
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§1927 Sanctions — Failure to Withdraw Claim Despite Letter Identifying Flaws But Later Seeking to Do So When Same Flaws Are Identified to Court in Dismissal Motion Is Unreasonable and Vexatious within §1927

Coleman v. Oasis Outsourcing, Inc., 2019 WL 2913718 (11th Cir. July 8, 2019) (unpublished): PER CURIAM: Brandon Coleman appeals the district court’s award of sanctions and grant of summary judgment to Oasis Outsourcing, Inc. (Oasis). Coleman asserts the district court…
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Daubert: Court Properly Excluded Testimony from Expert Whose Report Was Researched, Drafted by Counsel with Only Minimally Revisions by Expert — That Process “Substantially Detracts from His Testimony’s Reliability and Usefulness” (Good Quote)

Puppolo v. Welch, 2019 U.S. App. LEXIS 18493, 2019 WL 2537526 (2d Cir. June 20, 2019) (unpublished): *1 UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby…
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Arbitration: Denial without Prejudice of Motion to Compel Arbitration Is Reviewable under the FAA, 9 U.S.C. § 16(a)(1)(B) — Striking Such a Motion on Technical Grounds, Maybe Not

Griggs v. Kenworth of Montgomery, Inc., 2019 U.S. App. LEXIS 16786 (11th Cir. June 4, 2019) (unpublished): PER CURIAM: Kenworth of Montgomery Inc. brings this interlocutory appeal under the Federal Arbitration Act (FAA), 9 U.S.C. § 16, contending …
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Sanctions: Dismissal for Evading Answers at Dep (“Deliberate Obtuseness”), = Lying to Avoid Giving Evidence, “Essentially Falsified Testimony” — Inherent Power, R. 37, R. 30(d): “Sanctions … Must Be Proportionate” (Good Quotes)

Donelson v. Hardy, 2019 WL 2949473 (7th Cir. July 9, 2019) (unpublished): ORDER *1 Charles Donelson sued a nurse and Wexford Health Sources, Inc., for allegedly providing him with constitutionally deficient medical care in prison and retaliating against him for…
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Recent Articles

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

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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