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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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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