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 — No FRAP 38 Sanctions Where Law/Facts Complex, But § 1927 Awarded against Prevailing Attorney for Misrepresentations Not Accompanied by Overt Signs of Bad Faith But Nonetheless Amounting to A Misleadingly Selective Reading of the Record

Mys v. Mich. Dep't of State Police, 2018 U.S. App. LEXIS 14311, 2018 WL 2448093 (6th Cir. May 31, 2018): In an opinion filed on March 28, 2018, we affirmed a jury's award of $350,000 in favor of Linda…
Continue Reading

RICO: “Allegations of Frivolous, Fraudulent or Baseless Litigation Activities — Without More — Cannot Constitute a Predicate Act” (Good Quote)

Weaver v. Boriskin, 2018 WL 4829968 (2d Cir. Oct. 4, 2018) (unpublished): Appellant Everette Weaver, pro se, sued CitiMortgage, Inc. and others for violations of the Fair Debt Collection Practices Act (“FDCPA”), Racketeer Influenced and Corrupt Organizations Act (“RICO…
Continue Reading

§ 1927 Sanctions — Maintaining a Clearly Time-Barred Lawsuit Warrants Sanctions from Time Opponent Called Offender’s Attention to The Time Bar — Magistrate Judges: 1927, Like Rule 11, Sanctions Are Dispositive (Cf. 54(d))

Carter v. Hickory Healthcare, 2018 U.S. App. LEXIS 27589, 2018 WL 4627022 (6th Cir Sept. 27, 2018): [**1] After Hickory Healthcare fired Styla Carter from her job as a nursing assistant, she sued the company for discrimination. The district…
Continue Reading

Experts: “Daubert Is Meant to Protect Juries” — In Bench Trial, “Gatekeeper Is Keeping Gate Only for Himself” (Good Quotes) — No Need for Pretrial Hearing, Can Exclude Post-Trial — Fingerprint Analysis Generally Accepted

United States v. Flores, 901 F.3d 1150 (9th Cir. Aug. 28, 2018): Edwin Flores, a native and citizen of Mexico, appeals his conviction for attempting to reenter the United States after being deported in violation of 8 U.S.C. §…
Continue Reading

Unconscionability of Arbitration Clause Determine by State Law — Unilateral Right to Choose Arbitration Provider Is Substantively Unconscionable, But Prevailing Party Fees and Choice of Forum Are Not

Beltran v. AuPairCare, Inc., 2018 WL 5571319 (10th Cir. Oct. 30, 2018): *1 Au pairs and former au pairs filed a class action lawsuit against AuPairCare, Inc. (“APC”) and other au pair sponsoring companies in federal district court alleging violations…
Continue Reading

Rule 37(e) Electronic Spoliation: If Court Accepts Plaintiff’s Version of Missing Emails But Finds Def/Spoliator Still Entitled to Summary Judgment, No Further Sanction Required — Intent to Destroy Not Found by Court (Jury Issue? Relev.?)

Barbera v. Pearson Educ., Inc., 2018 WL 4939772 (7th Cir. Oct. 12, 2018): *1 Vicki Barbera claims she did not get the same chance to resign with severance pay that three men got. She sued her former employer, Pearson Education,…
Continue Reading

Yelp Reviews = Hearsay — Evidence: Generally, There Is No Prejudice If Objection Is Sustained — Court of Appeals Assumes Trial Court’s Admonition to Jury to Disregard Is Followed (Good Quotes)

People v. Suwannangkul, 2018 Cal. App. Unpub. LEXIS 7316 (Cal. Ct. App. Oct. 26, 2018): I. INTRODUCTION Defendant Anucha Suwannangkul appeals from a judgment of conviction following a jury trial. The jury found defendant guilty of two counts of…
Continue Reading
Previous85868788899091Next

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

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

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice