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

Inherent Power Sanctions: Threatening Witnesses on Facebook If They Cooperate with Adversary Amounts to Witness Tampering, Is Properly Sanctioned by Award of Attorney’s Fees for Time Spent on Sanctions Issue

Emerson v. Dart, 2018 WL 3853761 (7th Cir. Aug. 14, 2018): *1 Paula Emerson is a correctional officer on leave from the Cook County Department of Corrections. She alleges that two County employees unlawfully discriminated against her during her tenure…
Continue Reading

Inherent Power Sanctions: Jury Verdict Reversed — Ignoring In Limine, Not Prepping Wits, Client Changes in Testimont — No Need to Find Prejudice — Client Saddled with Lawyer — Goodyear Inapt — Less Due Process If Conduct before Judge

Fuery v. City of Chicago, 2018 WL 3853742 (7th Cir. Aug. 14, 2018): *1 After a contentious trial, the district court, after assessing the plaintiffs’ contumacious conduct, asserted its inherent authority to set aside a jury verdict in favor of …
Continue Reading

Wayback Machine: Testimony from Internet Archive Office Manager As to How It Captures & Preserves Screenshots, & Comparing Exhibits to Images Known to Be Accurate = Sufficient Authentication (2d, 3d Cirs.)

United States v. Gasperini, 2018 U.S. App. LEXIS 17999 (2d Cir. July 2, 2018): Fabio Gasperini was convicted by a jury in the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge) of …
Continue Reading

Sanctions: Dismissal Rev’d Absent Findings of (1) Pattern of Delay & (2) Lesser Sanctions Insufficient — Settlement Agreement: Court Retains Jurisdiction to Enforce If It’s Reached before Dismissal by Court — Reassigning Judge = Severe Reprimand

Szanto v. Bistritz, 2018 U.S. App. LEXIS 20782 (11th Cir. July 26, 2018) (unpublished): PER CURIAM: Plaintiff Peter Szanto, proceeding pro se, appeals the district court's sua sponte dismissal with prejudice of his complaint against Defendant Joseph Bistritz.…
Continue Reading

Inherent Power Sanction Requires Explicit Finding of Conduct Tantamount to Bad Faith — Court Has Ancillary Enforcement Jurisdiction to Issue Post-Judgment Injunctive Relief When Facing Real Risk Judgment Debtor May Secrete or Dissipate Funds

Smagin v. Yegiazaryan, 2018 WL 3627646 (9th Cir July 31, 2018) (amended opinion; unpublished) (amending the opinion excepted in our post of June 11, 2018): AMENDED MEMORANDUM* In an arbitration between Vitaly Smagin and Ashot Yegiazaryan, the London Court of…
Continue Reading

R. 11, §1927, Inherent Power Sanctions: Bad Faith = Knowingly or Recklessly Pursuing Frivolous Claim — Post-Sanctions Reversal of Case on Which Sanctions Based Shows Claim Wasn’t Frivolous, Even Though Precluded under Then-Existing Law

Silva v. Pro Transp., 2018 U.S. App. LEXIS 22258 (11th Cir. Aug. 10, 2018): PER CURIAM: Plaintiff Juan Antonio Silva appeals a district court order assessing sanctions against him and his attorneys. Silva sued his employer, Pro Transport, Inc.,…
Continue Reading

Rule 11: 10th Cir.’s 5-Factor Dismissal Test Applies to All Sanctions — Doubling Down behind Manipulated Email When Shown Original in Safe Harbor Warning = Bad Faith (Good Quotes)—Post-Goodyear, Can Mkt Fees Be Awarded State Atty? [37(e)]

King v. Fleming, 2018 WL 3863326 (10th Cir. Aug. 15, 2018): *1 Facing a motion to dismiss, the appellants attached a materially altered e-mail (described as an “unofficial version”) to an amended complaint. The appellees notified the appellants that the …
Continue Reading
Previous93949596979899Next

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