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 Inappropriate under Rule 37 If 37(a)(1) Meet-&-Confer Duty Unsatisfied — Rule 11 Sanctions Unavailable If Safe Harbor Ignored — District Court Not Authorized to Suspend Fed. R. Civ. P.

Bush v. Chancery Court, 2018 U.S. App. LEXIS 30239 (6th Cir. Oct. 25, 2018): Thomas K. Bush, proceeding pro se, appeals the district court's order dismissing his complaint and denying several motions he filed in this case related to…
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Reasonable Attorney’s Fees under § 1988 for a Prevailing Party May Be $0 — Inherent Power: While a Case May Be So Meritless as to Evince Bad Faith, Most Cases Require Proof of Subjective Bad Faith (Good Quote)

Martin v. Greisman, 2018 U.S. App. LEXIS 30213 (10th Cir. Oct. 26, 2018): ORDER AND JUDGMENT* Richard Greisman appeals the district court's order granting in part and denying in part his motion for sanctions and its subsequent order…
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Texts Authenticated by 803(6) Testimony from Carrier Linking Them to Party’s Number + Contents Tying Them to Party — Admissibility: Incoming Texts Only OK for Context If They Are Offered for Non-Hearsay Purpose

Johnson v. State, 2018 Ga. App. LEXIS 620 (Ga. Ct. App. Oct. 29, 2018): After a jury trial, Darius Johnson was found guilty of armed robbery and hijacking a motor vehicle in connection with the robbery of a pizza…
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Inherent Power Sanctions: Court Has Inherent Power to Impose Monetary Sanction for Violation of Vexatious Litigant Order — Due Process Satisfied by Court Warning and Warning in Order Itself

Konarski v. City of Tucson, 2018 U.S. App. LEXIS 26459, 2018 WL 4462198 (9th Cir. Sept. 18, 2018) (unpublished): MEMORANDUM* Frank, Gabriela, Patricia, John, and Frank E. Konarski appeal pro se from the district court's order imposing monetary…
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Expert Testimony: While Handwriting Analysis ≠ a Science, It Is an Experience-Based Expertise That, If Reliable, May Be Admitted — Videotaped Depositions in Criminal Trials: Admissibility Factors

United States v. Mallory, 2018 U.S. App. LEXIS 24683 (6th Cir. Aug. 30, 2018) (compare the case posted on 6/2/16 rejecting handwriting analysis as a proper subject of expert testimony): A jury convicted Kurt Mallory, Margaret McKnight, and Susan…
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Vexatious Litigant Injunctions — 2d Circuit Standards — Injunction Should Not Categorically Bar Suits But Require Prior Court OK — Injunction Shouldn’t Extend Fully to State Court But May, e.g., Require Injunction Order to Be Appended to State Court

Vassel v. Firststorm Props. 2 LLC, 2018 WL 4492442 (2d Cir. Sept. 19, 2018): *1 Paul Anthony Vassel, pro se, sued several individuals and entities in connection with a foreclosure proceeding initiated against him after he allegedly defaulted on a…
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Spoliation of Tangible Evidence (Video) — 11th Circuit Factors + Bad Faith Required for Adverse Inference — Concession That Video Might’ve Aided Other Side Negates Prejudice, As Does Fact Court Credited Testimony of Non-Spoliating Party

Alston v. City of Darien, 2018 U.S. App. LEXIS 26621, 2018 WL 4492422 (11th Cir. Sept. 19, 2018) (unpublished): PER CURIAM: After George Alston was arrested for a minor traffic violation, he brought suit under 42 U.S.C. § 1983 …
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Discovery Sanctions — Default Judgment — Fourth Circuit Standards: Factors Considered for Default/Dismissal under Inherent Power and Separate Factors under Rule 37(b) — Party’s Failure to Act after Counsel’s Withdrawal = Evidence of Bad Faith

Davis v. United States, 2018 WL 4339710 (4th Cir. Sept. 11, 2018): *1 Larry Austin appeals the magistrate judge’s January 25, 2017, order granting the United States’ motion to compel his compliance with discovery requests, February 15, 2017, order granting …
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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.

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