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

Fourfold Purposes of Rule 37 Sanctions / Single Purpose of § 1927 Sanctions — Depositions: Objection “You Can Answer If You Know” or “Understand” Is Always Improper — Conduct Not OK in Courtroom Not OK at Deposition (Good Quotes)

Hunter v. GEICO Gen. Ins. Co., 2018 WL 4352823 (E.D. La. Sept. 12, 2018): ORDER AND REASONS *1 Before the Court are two related motions, the “Motion for an Order for Sanctions, Attorney Fees, Perjury, and to Reschedule the Depositions…
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Judicial Notice of Internet Evidence: Information on Government Websites Is Self-Authenticating under Rule 902(5) and Admissible under Rule 803(8) (Public Records Exception)

Rychorcewicz v. Welltec, Inc., 2018 U.S. Dist. LEXIS 123512 (S.D. Tex. June 22, 2018) (Report and Recommendation): Pending before the court1 is Defendant Welltec, Inc.'s ("Defendant") Motion for Summary Judgment (Doc. 89) and Plaintiffs' Motion to Strike (Doc.…
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Appeals: Untimely Rule 59(e) Motion = 60(b) Motion & Appeal Is from Denial of That — Removal: While Remand Orders Are Usually Unappealable, They Are for Removal under § 1443, Allowing Removal Where Constitutional Rights Can’t Be Enforced in State Ct

Sanders v. Wright, 2018 WL 3933773 (5th Cir. 2018) (unpublished): PER CURIAM:* *1 Rockey D. Wright, proceeding pro se, challenges the district court’s denying his motion for relief following its remanding his child-custody action to state court after Wright…
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RICO: Res Judicata Effect of State Court Judgment Determined by State Law — Where State Would Not Permit Collateral Attack of Judgment on Grounds of Suppression of Evidence, RICO Claim Alleging That Fails

Kearney v. Foley & Lardner, LLP, 2018 U.S. App. LEXIS 24024 (9th Cir. Aug. 24, 2018): MEMORANDUM* Joan Kearney ("Kearney") appeals from the district court's summary judgment. We have jurisdiction under 28 U.S.C. § 1291. HN1[]…
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Sanctions: Bankruptcy Court Has Inherent Power to Suspend, Disbar Lawyers from Practicing Before It — Recidivist Bad Faith Conduct Gleaned by Judicial Notice — Rule 11 Precedent Rightly Relied on Construing 9011

Koebel v. Chandler (In re Cuevas), 2018 U.S. App. LEXIS 23838 (9th Cir. Aug. 23, 2018): MEMORANDUM* In this consolidated appeal, Philip E. Koebel (Koebel) appeals the Bankruptcy Appellate Panel's (BAP) decision affirming a bankruptcy court's orders suspending …
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Rule 37 Sanctions — Failure to Respond to Discovery for 5 Mos., Despite Court Orders = Flagrant Disregard, Merits Dismissal — No Need to Consider Lesser Sanctions Where Determination They’d Be Ineffective “Radiates from” Opin. (Good Quotes)

Lyons v. O’Quinn, 2018 WL 4031032 (11th Cir. Aug. 23, 2018): *1 Jackie Lyons appeals the district court’s order dismissing his suit as a discovery sanction, and another order denying his motion for reconsideration of three prior orders. The district …
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Even When Intentional Spoliation Occurs, Court Has Discretion Not to Issue Adverse Inference Instruction Or Other Severe Sanction — Ultimately, Significance of Spoliation Evidence Is for the Jury to Weigh

Lexpath Techs. Holdings v. Welch, 2018 U.S. App. LEXIS 21034 (3d Cir. July 30, 2018): * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Defendant-Appellee, Brian Welch, …
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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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