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

Email Evid.: Party’s Production of Email with Employee’s Name & Co. Signature Authenticates It; Email = Admission; 2nd Level Hearsay OK As Verbal Act — Expert Report OK on SJ If Accompanied by Sworn Certification, Needn’t Itself Be Sworn

Am. Fedn. of Musicians of the United States v. Paramount Pictures Corp., 2018 U.S. App. LEXIS 25570 (9th Cir. Sept. 10, 2018): Since at least 1946, major motion picture studios and the musicians, conductors, and orchestras who score motion …
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Inherent Power Sanctions OK for Repeatedly Rearguing Matters Already Ordered & Being “Unnecessarily Argumentative” with Judge — Rule 11: Least Severe Sanctions — §1927 Indifferent to Equities of Dispute & Winners v. Losers (Good Quotes)

Vallejo v. Amgen, Inc., 2018 U.S. App. LEXIS 25547 (8th Cir. Sept. 10, 2018): In this consolidated products liability suit appeal, Jan Vallejo challenges the district court's1 order limiting the scope of her general causation [*2]  phase discovery.…
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Text Admissibility: Court May Place Reasonable Limitations on the Presentation of Cumulative Text Evidence, Limiting Counsel to Counsel’s Choice of 10 Best Messages for Impeachment Where Use of All Would Have Been Time Consuming, Inflammatory

People v. Adekunle Olobayo Aisony, 2018 Cal. App. Unpub. LEXIS 6051 (Cal. Ct. App. Sept. 4, 2018): In an information filed by the Los Angeles County District Attorney's Office, defendant and appellant Adekunle Olobayo-Aisony was charged with criminal threats…
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YouTube Admissibility: Still Photos from Music Video Showing Defendant Holding Apparently Same Gun He Is Charged with Possessing Not Unduly Prejudicial under 403, Not Offered for Propensity in Violation of 404(b)

United States v. Washington, 2018 U.S. Dist. LEXIS 148887 (N.D. Ill. Aug. 31, 2018): This matter is before the Court on Defendant Darrius Washington's motion [110] for a new trial pursuant to Rule 33 of the Federal Rules of …
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Inherent Power Sanctions & Arbitration: Court May Not Enter Default Judgment against Party That Moved to Compel Arb. & Then Refused to Pay Arb. Fees without Inquiring as to Ability to Pay — But, If Party Was Able to Pay Yet Refused, Default May Be Apt

Hernandez v. Acosta Tractors, Inc., 2018 U.S. App. LEXIS 22068, 2018 WL 3761126 (11th Cir. Aug. 8, 2018): This case asks us to consider whether a District Court can properly enter a default judgment based on a party's failure …
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Plaintiff Has Right to Withdraw Rule 41(a)(2) Motion to Dismiss If It Does Not Wish to Acquiesce to Terms Set by Court for Granting the Motion — Open Question: Are Some Conditions So Minimal There Are Exceptions to This Rule?

Paysys Int'l, Inc. v. Atos IT Servs. Ltd., 2018 U.S. App. LEXIS 23067, 2018 WL 3965723 (2d Cir. Aug. 20, 2018): Plaintiff-appellant Paysys International [*2]  ("Paysys") moved to voluntarily dismiss its case with prejudice pursuant to Rule 41(a)(2) …
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Removal: Forum Defendant May Remove at Any Time Before S/he Is “Properly Joined and Served” within § 1441(b)(2) (3d Circuit) — Matter of First Impression in Courts of Appeals

Encompass Ins. Co. v. Stone Mansion Rest. Inc., 2018 U.S. App. LEXIS 23576 (3d Cir. Aug. 22, 2018): This appeal, which presents issues of statutory interpretation, stems from a tragic automobile crash that killed the intoxicated driver and seriously…
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Recent Articles

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

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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