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

Dismissal Sanction: Factors (11th Cir.) — Disregard of Order, If Warned, Enough — Implicit Finding Lesser Sanctions Insufficient OK — Party Personally Responsible — No Recusal Based on Rulings, Standard Consumer Transactions

Barone v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 34589 (11th Cir. Dec. 10, 2018): PER CURIAM: John Barone, proceeding pro se, appeals the district court's dismissal with prejudice of his lawsuit against Wells Fargo Bank, N.A. ("Wells…
Continue Reading

Experts: “Rule 702 Is a Screening Procedure, Not an Opportunity to Substitute the Trial Court’s Judgment for That of a Jury” (Good Quote) — Updated Guidelines after Trial Not Considered on Appeal, Potential Basis for New Trial Motion

United States v. Barton, 2018 WL 6374201 (11th Cir. Dec. 6, 2018): *1 Robert Barton was charged by a grand jury sitting in the Middle District of Florida, tried by a petit jury, and convicted in a single count of…
Continue Reading

Denial of Rule 11 Motion Does Not Preclude Order to Show Cause Detailing Independent Grounds for Sanctions — Doubling Down on Frivolous Args., Baseless Attacks on Judge Warrant Sanctions — Dist. Ct’s Reliance on Out-of-Circuit Unpublished Opins. OK

Overcash v. Shelnutt, 2018 U.S. App. LEXIS 28741 (11th Cir. Oct. 12, 2018): PER CURIAM: The facts underlying this dispute are—to put it charitably—sprawling and convoluted. They are also well known to the parties, so we address them here…
Continue Reading

Rule 37 Sanctions: “If a Party Gets 4 Extensions … & Blows Thru All of Them without Justification, He May Well Not Get a 5th” (Good Quote) — Dismissal Doesn’t Require Prejudice (That’s Just One Factor)

Cox v. UPS, Inc., 2018 WL 4922803 (3d Cir. Oct. 10, 2018) (unpublished): *1 If a party gets four extensions of his discovery deadlines and blows through them all without justification, he may well not get a fifth chance. The…
Continue Reading

Experts: Lack of Specialization Goes to Weight — Expert Not Strictly Confined to His or Her Area of Specialty But May Testify Concerning Related Applications (Good Quotes)

Cedar Lodge Plantation, L.L.C. v. CSHV Fairway View I, L.L.C., 2018 U.S. App. LEXIS 28535, 2018 WL 4932716 (5th Cir. Oct. 10, 2018) (unpublished): PER CURIAM:* Plaintiff, Cedar Lodge Plantation, L.L.C. ("Cedar Lodge"), challenges the district court's summary…
Continue Reading

FRAP 38 Sanctions Appropriate Because Appellant Ignored Rulings, Warnings and Sanctions Entered by District Court and Pursued Essentially All of the Frivolous Claims on Appeal

Momo Enters., LLC v. Popular Bank, 2018 WL 4846333 (7th Cir. Oct. 4, 2018) (unpublished): *1 The plaintiffs-appellants in this case filed this suit challenging the sales and foreclosures of a residential and a commercial condominium in Chicago and their…
Continue Reading

R. 37 Sanctions: Vigor of Review Fact-Dependent—“Substantial” Sxs Merit More — $50K Not Substantial — Prof’l, Personal Obligations No Excuse to Miss Deadlines — Opponent’s Non-Responsivenes Justifies Skipping Premotion Conf.

Shumpert v. City of Tupelo, 2018 U.S. App. LEXIS 27263, 2018 WL 4561268 (5th Cir. Sept. 24, 2018): Plaintiffs-Appellants appeal the district court's grant of summary judgment dismissing their Fourth Amendment, 42 U.S.C. § 1983 excessive force and state…
Continue Reading

Appeals: Review of S.J. Denial Limited to Pure Issues of Law If No Rule 50 Motion — Absent Objection, Instructions Reviewable Only for Errors Affecting Substantial Rights and Plain Error

T. Levy Assocs., Inc., v. Kaplan, 2018 WL 6002881 (3d Cir. Nov. 15, 2018): *1 Defendants Michael and Nina Kaplan (“Mr. and Mrs. Kaplan”) and Mrs. Kaplan’s company BLC Beauty, Inc. (collectively, “the Kaplans”) appeal from the District Court’s orders…
Continue Reading

Trying Issue Not in Pretrial Order: 5-Factor Test — Omission of Expert Opinion from Rept. Cured by Dep. — Stick Figure Demonstrative OK under 611 — OK to Rely on Hearsay in 803(6) Testimony — Spoliation after Expert Review Sanctioned

Callahan v. Pac. Cycle, Inc., 2018 U.S. App. LEXIS 32953 (4th Cir. Nov. 21, 2018): PER CURIAM: Virginia Callahan and her minor granddaughter T.G. ("Appellants") initiated this action against Pacific Cycle and Toys "R" Us ("Appellees"). Appellants alleged various …
Continue Reading
Previous83848586878889Next

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.

New York Office

© 2026 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice