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: Rule 11 “Duty to Conduct Reasonable Investigation into Law & Facts … Renews at Each Stage of Litigation” (Good Quotes) — 7th Circuit (Alone) Continues to Accept Disregard of Motion Requirement, Letter OK

McGreal v. Village of Orland Park, 2019 WL 2609341 (7th Cir. June 26, 2019): *1 The Village of Orland Park fired police officer Joseph McGreal in 2010. McGreal sued, alleging that the Village fired him in retaliation for remarks he…
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Experts/Daubert — Survey Results in Patent Infringement Case Must Be Adequately Tied to Claims — Questions Worded Broadly Enough to Capture Both Infringing and Non-Infringing Uses Not Helpful to Trier of Fact

Parallel Networks Licensing v. Microsoft Corp., 2019 U.S. App. LEXIS 19442 (Fed. Cir. June 28, 2019): This is a patent case involving web pages. Parallel Net-works Licensing, LLC sued Microsoft Corporation in the United States District Court for the District…
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Does Arbitration Fail If Clause Names Unavailable (Out of Business) Arbitrator Or May Court Appoint a Sub under FAA §5? (Circuit Split) — Nonsignatory Enforcement of Arb Clause: Equitable Estoppel

Frazier v. Western Union Co., 2019 U.S. Dist. LEXIS 51736 (D. Colo. Mar. 27, 2019): This matter is before the Court on Defendants' Motion to Stay Proceeding Pending Arbitration Pursuant to Section 3 of the Federal Arbitration Act [#33]1…
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A Supplemental Complaint Filed Pursuant to Fed. R. Civ. P. 15(d), Which Adds Facts Not in Existence at the Time of Original Filing, May Be Used to Correct Substantive Defects in Original, Including Lack of Standing

St. Bernard Parish Gov't v. United States, 2019 U.S. Claims LEXIS 686 (Court of Federal Claims June 20, 2019): BACKGROUND On April 4, 2019, the court issued an Opinion in the above-captioned case denying defendant's motion to dismiss. See St. …
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Daubert — Expert Testimony That Location of Warning Labels on Jet Ski Were Not Sufficiently Visible Properly Excluded Absent Any Methodology — Opinion Was “At Best, An Educated Guess” (Good Quote)

Ruggiero v. Yamaha Motor Corp., 2019 U.S. App. LEXIS 18143 (3d Cir. June 17, 2019) (unpublished): After suffering a severe injury while riding a personal watercraft (PWC), Plaintiff Angela Ruggierio sued the PWC's wholesaler, Defendant Yamaha Motor Corp., U.S.A., alleging…
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Erie Doctrine: State Trial Court Rulings Provide Guidance But Are Not Controlling Unless They Are Treated As Precedents within the State — [Generally] They Are “At Most Persuasive, But … Not Binding on a Federal Court”

Amaral Enters. Llc v. Gian, 2019 U.S. Dist. LEXIS 101269 (D. Mass. June 18, 2019): Footnote 6.  When a federal trial court sits in diversity, "[s]tate trial court rulings provide guidance but are not controlling unless they are treated as …
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Tangible Spoliation: Negligence Enough for Adverse Inference in 2d Cir. — RR Not Sanctioned for Altering Scene 3 Years Post-Accident (Passage of Time, Conflicting Safety Duty)—Expert Testimony Out Where Counsel Misled Adversary as to Gist (37(c)(1))

Colon v. Metro N. Commuter R.R. Co., 2019 U.S. App. LEXIS 18313 (2d Cir. June 19, 2019): Plaintiffs-Appellants Milton Omar Colon and Arlene Davis (collectively, "Plaintiffs") appeal from the judgment entered on October 19, 2017 by the United States District…
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Recent Articles

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)

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)

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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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