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

§ 1782: Evidence Obtained for Use Abroad Is Freely Usable in Any Other Case, Domestic or Foreign, Unless Limited by the Court — Rule 45: If Person Is Subpoena-able, Location of Documents S/he Controls Is Irrelevant

In re Ferrer, 2018 U.S. Dist. LEXIS 111172, 2018 WL 3240010 (S.D. Fla. July 3, 2018): ORDER THIS CAUSE comes before the Court on Delcop, LLC's and Ernesto De Luca's Motion and Incorporated Memorandum of Law to Vacate Ex…
Continue Reading

Instagram: Photos on Social Media Don’t Require Full Social Media Authentication — Lay Witness Competent to Testify as to How Instagram Works, Her Experience with It (Rule 701, Not 702) — Silent Witness Theory Inapt

Commonwealth v. Martin, 2018 Pa. Super. Unpub. LEXIS 2217, 2018 WL 3121766 (Penn. Super. Ct. App. Div. June 26, 2018) (unpublished): Appellant, Kenneth Martin, appeals from the judgment of sentence of seven and one-half to twenty years of incarceration…
Continue Reading

Spoliation: Bad Faith Required for Adverse Inference Instruction Means Destruction for the Purpose of Hiding Adverse Evidence — Failure of Counsel to Communicate Court Preservation Order to Responsible Person, without More, Insufficient

United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodriguez-Sanchez ("Rodriguez") appeals his jury conviction for knowingly, intentionally, and unlawfully importing cocaine and heroin into the United States from Mexico…
Continue Reading

Spoliation: The Bad Faith Required for Adverse Inference Instruction = Destruction for the Purpose of Hiding Adverse Evidence — Failure of Counsel to Communicate Court Preservation Order to Responsible Person, without More, Insufficient

United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodriguez-Sanchez ("Rodriguez") appeals his jury conviction for knowingly, intentionally, and unlawfully importing cocaine and heroin into the United States from Mexico…
Continue Reading

Trials: Cross “Is Greatest Engine Invented for Discovery of Truth” — Ct. App. “Must Pay Deference to Trial Judge’s Feel of Case … [S/he] Sees Jurors Wince, Weep, Snicker…” (Good Quotes) — Must Impeachment Evid. Be Admissible?

Angeles v. Nieves, 2018 WL 3149551 (N.J. Super. App. Div. June 28, 2018) (unpublished): *1 After an auto accident, a jury found defendant Carmen I. Nieves liable and awarded plaintiff Christian Angeles a $3,000,000 judgment. Both parties appeal from a…
Continue Reading

Rooker-Feldman Applies to Removed Cases, Circuit Split on Whether State Court Appeals Must Be Concluded (Here, No) — Law of the Case Dictates Same Result — Good Quote on Policy Underlying Law of the Case Doctrine

Gruppo Formstar LLC v. FM Forrest, Inc. (In re FM Forrest, Inc.), 2018 Bankr. LEXIS 2132 (S.D. Tex. July 18, 2018): I. Introduction The dispute at bar is governed by Federal Rule of Civil Procedure 60(b) for which there…
Continue Reading

R. 11 Sanctions: No Right to Warning You Disobey Orders at Your Peril — May Infer Bad Faith from Frivolousness — “Legal Theory May Be Frivolous Even If We Never Said So Before” (Good Quote) — Inherent Power = Lesser Equivalent of Contempt

Huebner v. Midland Credit Mgmt., 2018 U.S. App. LEXIS 19954 (2d Cir. July 19, 2018):  Plaintiff-Appellant Levi Huebner ("Huebner") is an attorney who has litigated several cases under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, …
Continue Reading
Previous96979899100101102Next

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