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 Properly Denied Where Losing Party “Vigorously Litigated” But Not in Bad Faith (Good Quote) — Whether to Hold Evidentiary Hearing on Sanctions Motion, under Rule 43(a), Is Reviewed for Abuse of Discretion

In re Johnson (Gonzalez v. Johnson), 2019 WL 126753 (9th Cir. Jan. 8, 2019) (unpublished): MEMORANDUM** *1 Defendants-Appellants appeal the district court’s affirmance of the bankruptcy court’s denial of their motion for attorneys’ fees. We affirm. 1. Defendants-Appellants contend…
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Statute of Limitations — When a Prior Lawsuit Does, and Does Not, Trigger Inquiry Notice (2d Circuit) — Similarly Situated Plaintiffs in Near Proximity (Co-Tenants) Pressing Essentially the Same Grievance against One of the Same Defendants Is Enough

421-A Tenants Ass’n, Inc. v. 125 Court Street LLC, 2019 WL 317447 (2d Cir. Jan. 23, 2019) (unpublished): *1 Plaintiffs-Appellants 421-A Tenants Association, Inc., Vinetta Scrivo, and Richard Lebed (“the tenants”) appeal from the district court’s decision dismissing their class…
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R. 37 Dismissal Sanction: Fault=Unreasonable Conduct > “Mere Mistake or Slight Error in Judgment” — No Motion to Compel OK If Actual Notice of Risk Given by Adversary — Proportional Sanction ≠ Least — Eventual Compliance Not Nec’ly Enough

Mojapelo v. Nat’l RR Passenger Corp., 2019 WL 193126 (7th Cir. Jan. 15, 2019): ORDER *1 Charles Mojapelo injured his leg while disembarking from a train operated by the National Railroad Passenger Corporation (Amtrak). He sued Amtrak for compensatory and…
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Common Law Immunity Protects State & Local Officials from Federal Civil Claims for Acts Legislative in Form and Substance, Unless Abrogated by Statute — Defeats RICO Claim — Plaintiffs Didn’t Argue RICO Abrogates Immunity (Open Issue)

NRP Holdings LLC v. City of Buffalo, 2019 U.S. App. LEXIS 4866, 2019 WL 692529 (2d Cir. Feb. 20, 2019): We confront here primarily a question of legislative immunity raised by a [*3]  mayor's inaction in the face of…
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Mere Failure to Recite That a Declaration or Affidavit Is Based on Personal Knowledge Doesn’t Render Contents Hearsay If It Is Clear from the Circumstances (Contents, Other Evidence) That It Was

Venezia v. E. Revenue, Inc., 2019 U.S. Dist. LEXIS 21501 (E.D. Pa. Feb. 11, 2019): : Footnote 2: Plaintiff filed an Objection to Defendant's Submissions    [ECF No. 33 & 34] urging this Court to disregard Mr. Griffin's Declaration…
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Supreme Court: Class Actions — 23(f)’s 14-Day Period Not Subject to Equitable Tolling — Mandatory Claims-Processing Rules Unalterable If Diligently Asserted — Timely Reconsideration Motion Affects Start Date

Nutraceutical Corp. v. Lambert, 2019 U.S. LEXIS 1593 (U.S. Feb. 26, 2019): To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of …
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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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