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

Complex Lit Blog

Electronic Spoliation Sanctions: “Intent to Deprive” in Rule 37(e)(2) Means Willful Destruction of Evidence to Avoid Its Discovery by an Adverse Party — Relevant Circumstantial Evidence in Determining “Intent to Deprive” — Rule 37(e)(2)(C)’s Standards Trump Circuit’s Multi-Factor Test for Determining Whether Dismissal Is Appropriate — No Prejudice Required for 37(e)(2) Sanctions Because Intent to Deprive Creates Inference the Loss of Information Favored the Spoliator

Jones v. Riot Hosp. Grp. LLC, 2024 U.S. App. LEXIS 5251, 95 F.4th 730 (9th Cir. 2024): The dist ...
Jones v. Riot Hosp. Grp. LLC, 2024 U.S. App. LEXIS 5251, 95 F.4th 730 (9th Cir. 2024): The district court dismissed this case under Federal Rule of Civil Procedure 37(e)(2) because of intentional spoliation of electronically stored information (“ESI”)…
Continue Reading

Sanctions and Appealability — Fifth Circuit’s 2023 Survey of Circuit Cases Concerning Whether Judgment of Dismissal As a Sanction Bars Review of Earlier Sanctions Orders Due to Lack of Jurisdiction or Whether The Decision to Review Pre-Dismissal Sanctions Orders Is Prudential

Edge v. TLW Energy Servs., L.L.C., 2023 U.S. App. LEXIS 11130 (5th Cir. May 5, 2023) (unpublished) Per Curiam:* Primarily at issue is whether the district court abused its discretion by s ...
Edge v. TLW Energy Servs., L.L.C., 2023 U.S. App. LEXIS 11130 (5th Cir. May 5, 2023) (unpublished) Per Curiam:* Primarily at issue is whether the district court abused its discretion by sua sponte dismissing this action with prejudice for…
Continue Reading

Sanctions and Appealability — Prior Sanctions Orders Do Not Merge into Judgment of Dismissal Imposed As Sanction under Rules 16(f), 37(b) and 41(b) and Are Unappealable — Courts of Appeal Differ As to Whether This Lack of Reviewability Is Jurisdictional or Discretionary (Jurisdictional in Second Circuit)

Marquez v. Silver, 2024 U.S. App. LEXIS 7206 (2d Cir. Mar. 27, 2024): Plaintiff-Appellant Alexis Marquez, an attorney proceeding pro se, alleged that an Acting New York State Supreme Court Justice harassed her and subjected her to inappropriate b ...
Marquez v. Silver, 2024 U.S. App. LEXIS 7206 (2d Cir. Mar. 27, 2024): Plaintiff-Appellant Alexis Marquez, an attorney proceeding pro se, alleged that an Acting New York State Supreme Court Justice harassed her and subjected her to inappropriate behavior during…
Continue Reading

Sanctions Enforcement and Appealability: Failure to Pay Rule 37 Sanctions and Otherwise Comply with Discovery Orders Leads to Dismissal under Rule 41(b) — Second Circuit Factors for Dismissal for Failure to Prosecute or Comply with Court Orders — Belated, Partial Compliance with Orders Does Not Deprive District Court of Discretion to Dismiss Based on Continuing Non-Compliance with Other Aspects of Orders — “Hopelessly Belated Compliance” with Court Orders Not Accorded Great Weight — Prior Sanctions Orders Do Not Merge into Judgment of Dismissal under Rule 41(b) And Are Unreviewable

Friedman v. Bloomberg, L.P., 2024 U.S. App. LEXIS 7203 (2d Cir. Mar. 27, 2024) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECRE ...
Friedman v. Bloomberg, L.P., 2024 U.S. App. LEXIS 7203 (2d Cir. Mar. 27, 2024) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment, entered on October 18, 2022, is AFFIRMED. Plaintiff-Appellant Dan …
Continue Reading

Electronic Spoliation Sanctions: The “Intent to Deprive” Standard in Rule 37(e)(2) Is The Equivalent of Bad Faith in Other Spoliation Contexts — Bad Faith Generally Means Destruction For The Purpose Of Hiding Adverse Evidence — Mere Negligence Is Insufficient Because It Does Not Sustain An Inference of Consciousness of a Weak Case

Thomas v. Walmart, Inc., 2024 U.S. App. LEXIS 8745 (11th Cir. Apr. 11, 2024) (unpublished): PER CURIAM: *1 Steve Thomas, proceeding pro se, appeals the district court’s grant of summary judgment for Walmart, his ...
Thomas v. Walmart, Inc., 2024 U.S. App. LEXIS 8745 (11th Cir. Apr. 11, 2024) (unpublished): PER CURIAM: *1 Steve Thomas, proceeding pro se, appeals the district court’s grant of summary judgment for Walmart, his former employer, on his sexual harassment…
Continue Reading

Sanctions and Attorney-Client Privilege: Sham (Objectively Baseless, Bad Faith) Litigation for Antitrust Purposes Triggers Crime-Fraud Exception — Not All Frivolous Litigation Falls within Crime-Fraud Exception (But Some Sanctionable Behavior Clearly Does)

In re Abbott Labs., 2024 U.S. App. LEXIS 5755, 96 F.4th 371 (3d Cir. Feb. 22, 2024) INTRODUCTION The underlying litigation in the matter before us sounds in patent and antitrust law. What we are prese ...
In re Abbott Labs., 2024 U.S. App. LEXIS 5755, 96 F.4th 371 (3d Cir. Feb. 22, 2024) INTRODUCTION The underlying litigation in the matter before us sounds in patent and antitrust law. What we are presented with here, however, …
Continue Reading

Rule 37(c)(1) Sanctions — Exclusion of Retained Expert for Failure to Provide 26(a)(2)(B) Report — Factors (Sixth Circuit) — The Importance of The Evidence Factor Cuts Both Ways: “The More Important The Proof, The Greater The Effect Of Preclusion, But Also The Greater The Harm In Tardy Disclosure”

RJ Control Consultants, Inc. v. Multiject, LLC, 2024 U.S. App. LEXIS 7938 (6th Cir. Apr. 3, 2024): *1 This case involves the alleged infringement of a copyright on software code used in an industrial contro ...
RJ Control Consultants, Inc. v. Multiject, LLC, 2024 U.S. App. LEXIS 7938 (6th Cir. Apr. 3, 2024): *1 This case involves the alleged infringement of a copyright on software code used in an industrial control system. This is the third…
Continue Reading

(1) Bankruptcy Courts Have Only Civil Contempt Powers; (2) All Monetary Contempt Sanctions Must Be Civil — Designed Either to Coerce Compliance Or Compensate a Party for the Contemnor’s Violation, and Not Have As A Primary Purpose to Vindicate the Authority of the Bankruptcy Court Or Punish the Contemnor

Matter of Highland Capital Mgmt., LP (Charitable DAF Fund LP v. Highland Capital Mgmt., LP), 2024 U.S. App. LEXIS 8129, 2024 WL 1450065 (5th Cir Apr. 4, 2024): *1 A bankruptcy court held Appellants in civil contempt and ordered them to pay $239,655 in compensatory damages. The bankruptcy court abused its discretion. We vacate and remand. I.
Matter of Highland Capital Mgmt., LP (Charitable DAF Fund LP v. Highland Capital Mgmt., LP), 2024 U.S. App. LEXIS 8129, 2024 WL 1450065 (5th Cir Apr. 4, 2024): *1 A bankruptcy court held Appellants in civil contempt and ordered them…
Continue Reading

Rule 11 and Inherent Power Sanctions: Vexatious Litigant Injunction (VLI) Broadened to Bar Any Further Filings in Issuing District Court Due to Violation of Narrower VLI And Failure to Pay Monetary Sanctions

Am. Ass'n for Lab'y Accreditation, Inc. v. Hutchinson, 2024 U.S. App. LEXIS 8189 (7th Cir. Apr. 3, 2024) (unpublished): ORDER* Robert Hutchinson appeals the district co ...
Am. Ass’n for Lab’y Accreditation, Inc. v. Hutchinson, 2024 U.S. App. LEXIS 8189 (7th Cir. Apr. 3, 2024) (unpublished): ORDER* Robert Hutchinson appeals the district court’s order enforcing a filing bar against him. The district judge enforced the filing …
Continue Reading

(1) Order to Show Cause Why FRAP 38 Sanctions Should Not Issue Against Recidivist Filer of Frivolous Claims for Filing Brief Consisting Mostly of Unsubstantiated Accusations; (2) Vexatious Litigant Injunction to Issue If Any Monetary Penalty Not Paid Promptly

Henry v. Hall, 2024 U.S. App. LEXIS 8193 (7th Cir. Apr. 5, 2024): ORDER Michael Henry sued several Illinois circuit and appellate judges, and the Chief Justice of the Illinois Supreme Court, alleging that their actio ...
Henry v. Hall, 2024 U.S. App. LEXIS 8193 (7th Cir. Apr. 5, 2024): ORDER Michael Henry sued several Illinois circuit and appellate judges, and the Chief Justice of the Illinois Supreme Court, alleging that their actions in an ongoing state …
Continue Reading
1234Next

Recent Posts

Electronic Spoliation Sanctions: “Intent to Deprive” in Rule 37(e)(2) Means Willful Destruction of Evidence to Avoid Its Discovery by an Adverse Party — Relevant Circumstantial Evidence in Determining “Intent to Deprive” — Rule 37(e)(2)(C)’s Standards Trump Circuit’s Multi-Factor Test for Determining Whether Dismissal Is Appropriate — No Prejudice Required for 37(e)(2) Sanctions Because Intent to Deprive Creates Inference the Loss of Information Favored the Spoliator

Sanctions and Appealability — Fifth Circuit’s 2023 Survey of Circuit Cases Concerning Whether Judgment of Dismissal As a Sanction Bars Review of Earlier Sanctions Orders Due to Lack of Jurisdiction or Whether The Decision to Review Pre-Dismissal Sanctions Orders Is Prudential

Sanctions and Appealability — Prior Sanctions Orders Do Not Merge into Judgment of Dismissal Imposed As Sanction under Rules 16(f), 37(b) and 41(b) and Are Unappealable — Courts of Appeal Differ As to Whether This Lack of Reviewability Is Jurisdictional or Discretionary (Jurisdictional in Second Circuit)

Sanctions Enforcement and Appealability: Failure to Pay Rule 37 Sanctions and Otherwise Comply with Discovery Orders Leads to Dismissal under Rule 41(b) — Second Circuit Factors for Dismissal for Failure to Prosecute or Comply with Court Orders — Belated, Partial Compliance with Orders Does Not Deprive District Court of Discretion to Dismiss Based on Continuing Non-Compliance with Other Aspects of Orders — “Hopelessly Belated Compliance” with Court Orders Not Accorded Great Weight — Prior Sanctions Orders Do Not Merge into Judgment of Dismissal under Rule 41(b) And Are Unreviewable

Electronic Spoliation Sanctions: The “Intent to Deprive” Standard in Rule 37(e)(2) Is The Equivalent of Bad Faith in Other Spoliation Contexts — Bad Faith Generally Means Destruction For The Purpose Of Hiding Adverse Evidence — Mere Negligence Is Insufficient Because It Does Not Sustain An Inference of Consciousness of a Weak Case

Sanctions and Attorney-Client Privilege: Sham (Objectively Baseless, Bad Faith) Litigation for Antitrust Purposes Triggers Crime-Fraud Exception — Not All Frivolous Litigation Falls within Crime-Fraud Exception (But Some Sanctionable Behavior Clearly Does)

Rule 37(c)(1) Sanctions — Exclusion of Retained Expert for Failure to Provide 26(a)(2)(B) Report — Factors (Sixth Circuit) — The Importance of The Evidence Factor Cuts Both Ways: “The More Important The Proof, The Greater The Effect Of Preclusion, But Also The Greater The Harm In Tardy Disclosure”

(1) Bankruptcy Courts Have Only Civil Contempt Powers; (2) All Monetary Contempt Sanctions Must Be Civil — Designed Either to Coerce Compliance Or Compensate a Party for the Contemnor’s Violation, and Not Have As A Primary Purpose to Vindicate the Authority of the Bankruptcy Court Or Punish the Contemnor

Rule 11 and Inherent Power Sanctions: Vexatious Litigant Injunction (VLI) Broadened to Bar Any Further Filings in Issuing District Court Due to Violation of Narrower VLI And Failure to Pay Monetary Sanctions

(1) Order to Show Cause Why FRAP 38 Sanctions Should Not Issue Against Recidivist Filer of Frivolous Claims for Filing Brief Consisting Mostly of Unsubstantiated Accusations; (2) Vexatious Litigant Injunction to Issue If Any Monetary Penalty Not Paid Promptly

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

© 2024 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice