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

Under FRAP 38, Counsel Alone May Be Sanctioned for a Frivolous Appeal — Knowledge of Frivolousness Properly Imputed from Prior Cases Handled by Counsel — $5,000 Financial Sanction Ordered Paid to Opponent (No Discussion of Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101 (2017))

Uyanik v. Wawanesa Gen. Ins. Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023) (unpublished) MEMORANDUM* Appellant Ali Uyanik appeals1 fro ...
Uyanik v. Wawanesa Gen. Ins. Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023) (unpublished) MEMORANDUM* Appellant Ali Uyanik appeals1 from the district court’s order dismissing his First Amended Complaint against Appellee Wawanesa General Insurance Company…
Continue Reading

Rule 16(f) Sanctions: (1) Party Is Entitled to Notice of the Sanctions Power Under Consideration, Reasons Sanctions Are Being Considered, and the Form of Potential Sanctions; (2) Nonetheless, Sanctions Will Be Upheld Absent Explicit Notice of the Precise Legal Authority Relied On Where The Record Shows There Was Notice of The Sanctionable Conduct and The Factors The Court Would Consider — Here, Effectively Notice of the Precise Power under Consideration; (3) Attendance at CLE Courses Is A Permissible Sanction

Med. Tech. Assocs. II Inc. v. Rausch, 2023 WL 8451222 (3d Cir. Dec. 6, 2023) (unpublished) OPINION* Jonathan G. Graves appeals the District Court’s orders imposing sanctions against him. For the following reasons, we will affirm the District Court’s orders. I Graves represented Plaintiff Medical Tec ...
Med. Tech. Assocs. II Inc. v. Rausch, 2023 WL 8451222 (3d Cir. Dec. 6, 2023) (unpublished) OPINION* Jonathan G. Graves appeals the District Court’s orders imposing sanctions against him. For the following reasons, we will affirm the District Court’s…
Continue Reading

(1) Judicial Estoppel — Third Circuit Factors — Bad Faith Required; (2) To Prove Bad Faith, Must Show (i) Culpable Behavior (ii) That Assaults The Dignity Or Authority Of The Court; (3) Earlier Inconsistent Position Must Have Been Accepted by the Court Because, Unlike Equitable Estoppel, Judicial Estoppel Focuses on the Court, Not the Opposing Party (Rare Exception to Success Requirement in Bankruptcy Context); (4) Generally, Defendants Have Flexibility in Asserting Positions in Early Stages of Litigation; (5) Judicial Estoppel (Like Inherent Power Sanctions)Appropriate Only If Sanctions Rules And Statutes Inadequate; (6) Good Quote: “The District Court Sought to Force a Square Peg into a Round Hole”

Pace-O-Matic, Inc. v. Eckert, Seamans Cherin & Mellott, LLC, 2023 U.S. App. LEXIS 30086 (3d Cir. Nov. 13, 2023) (unpublished): OPINION** Eckert Sea ...
Pace-O-Matic, Inc. v. Eckert, Seamans Cherin & Mellott, LLC, 2023 U.S. App. LEXIS 30086 (3d Cir. Nov. 13, 2023) (unpublished): OPINION** Eckert Seamans Cherin & Mellott, LLC (“Eckert”), Hawke McKeon & Sniscak, LLP (“HMS”), and Greenwood Gaming and Entertainment, …
Continue Reading

Attorney-Client Privilege and Appealability: (1) Viability of Perlman Doctrine (Allowing Non-Party to Appeal Discovery Order) Is Unclear After Mohawk, But Party-Sought Review of Privilege Ruling Is Clearly Not Permitted; (2) Opinion Work Product Enjoys Nearly Absolute Immunity But Is Subject to Crime-Fraud Exception; (3) Crime Fraud Factors (4th Cir.): (i) Client Was Engaged In Or Planning Crime When Seeking Counsel, and (ii) The Privileged Materials Bear A Close Relationship to The Scheme; (4) Burden of Proof Less Than Preponderance — Simply Must Subject Opposing Party to Risk of Non-Persuasion If Unrebutted; (5) Client Waives Privilege By Testifying for Lawyer in Bar Proceedings; (6) Once Case Settled, Client’s Interest in Work Product Protection Is Not A Compelling Reason to Deny Discovery; (7) Good Quote: “Certainly, A District Court Does Not Clearly Err When Relying On Sworn Statements Over Negotiation-Driven Puffery”

Under Seal 1 v. United States (In re Subpoenas.), 2023 U.S. App. LEXIS 31137 (4th Cir. Nov. 22, 2023): Opinion Appellant John Doe is a medical malpractice attorney. While representing a client, Jane Roe, he engaged in settle ...
Under Seal 1 v. United States (In re Subpoenas.), 2023 U.S. App. LEXIS 31137 (4th Cir. Nov. 22, 2023): Opinion Appellant John Doe is a medical malpractice attorney. While representing a client, Jane Roe, he engaged in settlement negotiations with…
Continue Reading

Legislative Privilege Waived by State House Speaker and Senate Majority Leader When They Intervened in Case Challenging Voting Laws And Putting Their Movtives At Issue

Petersen v. United States Dist. Ct. for the Dist. of Ariz. (In re Toma), 2023 U.S. App. LEXIS 31250 (9th Cir. Nov. 24, 2023): MEMORANDUM* Petitioners Ben Toma and Warren Petersen (collectively, ...
Petersen v. United States Dist. Ct. for the Dist. of Ariz. (In re Toma), 2023 U.S. App. LEXIS 31250 (9th Cir. Nov. 24, 2023): MEMORANDUM* Petitioners Ben Toma and Warren Petersen (collectively, Petitioners) intervened as defendants in an action…
Continue Reading

Newly Amended Federal Rule of Evidence 702 (effective Dec. 1, 2023) – Marked Up to Show Changes – With Advisory Committee Note

 Rule 702.        Testimony by Expert Witnesses              A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that: ...
 Rule 702.        Testimony by Expert Witnesses              A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it …
Continue Reading

Section 1927 Sanctions: (1) No Bad Faith Required—Intentionality or Knowing Disregard Suffice (Sixth Circuit); (2) Filing Complaint Collaterally Attacking Prior Appellate Decision Unreasonably and Vexatiously Multiplied the Proceedings; (3) Lump Sum Award of $5,000 under § 1927 Affirmed

Jones v. Hamilton Cnty., 2023 U.S. App. LEXIS 29975 (6th Cir. Nov. 8, 2023) (unpublished): PER CURIAM. Lucinda Jones, an attorney proceeding pro se, appeals the district court's judgment that dismissed her amended ...
Jones v. Hamilton Cnty., 2023 U.S. App. LEXIS 29975 (6th Cir. Nov. 8, 2023) (unpublished): PER CURIAM. Lucinda Jones, an attorney proceeding pro se, appeals the district court’s judgment that dismissed her amended complaint against Circuit Judge David W. McKeague,…
Continue Reading

(1) Section 1927 Sanctions Precluded by Denial of Summary Judgment; (2) Filing of Complaint Found Meritless on Appeal Not Automatically Sanctionable under § 1927 (Sixth Circuit); (3) Post-Judgment Rule 11 Motion Fails for Failure to Provide 21-Day Safe Harbor

CAN IV Packard Square, LLC v. Schubiner, 2023 U.S. App. LEXIS 30292 (6th Cir. Nov. 14, 2023) (unpublished): ORDER Craig Schubiner, a pro se New York resident, appeals the district court's order denyin ...
CAN IV Packard Square, LLC v. Schubiner, 2023 U.S. App. LEXIS 30292 (6th Cir. Nov. 14, 2023) (unpublished): ORDER Craig Schubiner, a pro se New York resident, appeals the district court’s order denying his post-judgment motion for sanctions against Can…
Continue Reading

Inherent Power Sanctions: (1) Bad Faith in Manufacturing Personal Injuries Supposedly Caused by Accident—By Lying to Doctors, Court, Opponent And Plaintiff’s Own Counsel—Warranted Dismissal of All Non-Economic Damages Claims; (2) Proper under Goodyear v. Haeger to Award All Attorney’s Fees Incurred in Defending Action Initiated in Bad Faith; (3) Tenth Circuit Factors Governing Dismissal for Discovery Misconduct; (4) “The Lodestar Calculation Produces a Presumptively Reasonable Fee” (Good Quote); (5) Furnishing Business Records Certification Just Prior to Trial Violates Fed. R. Evid. 902(11) Requirement That Opponent Be Given “A Fair Opportunity to Challenge” The Certification and Record

Stetson v. Edmonds, 2023 U.S. App. LEXIS 30361 (10th Cir. Nov. 15, 2023) When a party to litigation seeks to intentionally deceive the court and its adversary, a district court may issue reasonable sanctions and re ...
Stetson v. Edmonds, 2023 U.S. App. LEXIS 30361 (10th Cir. Nov. 15, 2023) When a party to litigation seeks to intentionally deceive the court and its adversary, a district court may issue reasonable sanctions and require the deceitful party to…
Continue Reading

Experts: “Post Hoc, Ergo Propter Hoc Is Neither A Rule Of Legal Causation,, Nor Typically A Sufficient Methodological Basis For An Expert Opinion On Causation” (Good Quote) – Medical Testimony on Diagnosis vs. Etiology (Cause of Symptoms vs. Cause of Disorder)

Finley v. Mora, 2023 U.S. App. LEXIS 30407 (6th Cir. Nov. 14, 2023): While attempting to park his tractor-trailer at a rest stop, Manuel Mora collided with Jake Finley's already-parked tractor-trailer. Finley sued Mora and Nina Transport, Inc.,
Finley v. Mora, 2023 U.S. App. LEXIS 30407 (6th Cir. Nov. 14, 2023): While attempting to park his tractor-trailer at a rest stop, Manuel Mora collided with Jake Finley’s already-parked tractor-trailer. Finley sued Mora and Nina Transport, Inc.,1 Mora’s…
Continue Reading
Previous567891011Next

Recent Posts

FRAP 38 Sanctions: An Appeal May Not Be “Wholly Without Merit” — And Therefore May Not Be Sanctionable — Even If Several of Appellant’s Arguments Are Frivolous; Soundness of Central Arguments May Dominate

Standing: An “Identifiable Trifle” Suffices — PSLRA/Rule 11: District Court Must Make Findings As to Compliance with Rule 11 Whether or Not Asked — Filing Securities Lawsuit to Obtain Immaterial Disclosures Presumptively Violative of Rule 11

FRAP 38 Sanctions for Frivolous Claims of Judicial Bias, Citing Non-Existent Cases/Sources, Inventing Quotes from Real Ones, And Exhibiting Inflammatory and Antagonistic Tone — Recusal: “Adverse Rulings Are Not Evidence of Bias” (Good Quote) — Critical Judicial Remarks Ordinarily Do Not Support A Claim of Bias — Circuit-Wide Filing Bar Until $5,000 Fine Paid

Court’s Inherent Power to Police the Conduct of Litigants and Attorneys Extends to Persons Engaged in the Unauthorized Practice of Law Before Them

(1) Inherent Power Sanctions — Duty to Correct or Withdraw — Strategic Silence As Bad Faith — Failure to Advise Court of Absence of Diversity Jurisdiction for 15 Months for Strategic Reasons, Only “Pull[ing] Out The Diversity-Destroying Card” After Losing = “A Textbook Example of Bad Faith” — (2) Under Goodyear, The Court’s Fundamental Job Is to Decide Whether Fees Would Have Been Incurred Absent the Sanctioned Conduct — (3) Appellate Review: While Sanctions Orders Are Reviewed for Abuse of Discretion, A Finding of Bad Faith Is Reviewed for Clear Error — (4) When There Are Two Permissible Views of The Evidence, The Factfinder’s Choice Between Them Cannot Be Clearly Erroneous — (5) “A District Court Is Not Required To Consider Irrelevant Evidence” — (Good Quotes)

Criminal Spoliation Can Be A Due Process Violation — Defendant Must Show That (1) The Evidence Had Exculpatory Value Before It Was Destroyed, (2) Defendant Is Unable to Obtain Comparable Evidence by Reasonable Means, and (3) Bad Faith Failure to Preserve

1) Rule 11 Sanctions: “No First Amendment Exception to a Rule 11 Violation” — “[T]he First Amendment Covers Novel, Nonfrivolous Arguments, But Many Frivolous Arguments Are Also Novel” (Good Quotes) — Frivolous To Continue To Make Rejected Novel Arguments; (2) FRAP 38 Sanctions: District Court In Best Position to Set Sanctions, Attorney’s Fees and Costs

3 Prerequisites for Inherent Power and § 1927 Sanctions in Second Circuit: (1) Bad Faith, (2) Conduct That Is Entirely Without Color [Thus, An Ill-Motivated Colorable Position Appears to Be Protected in the Second Circuit], and (3) Improper Purpose— “To Gain A Strategic Advantage” Is An Improper Purpose — Due Process Satisfied by Opponent’s Motion and Multiple Court Conferences, After Which Target Was Allowed to Submit Additional Letters

Inherent Power Sanctions — Untimeliness as Laches — Laches Properly Applied to Deny Sanctions Motion — Note Waived Defenses to Laches

Rule 37(c)(1) Sanctions: Substantial Justification or Harmless Error (Ninth Circuit Factors) — Erie: When State Supreme Court Has Not Squarely Addressed an Issue, Circuit Must Predict How It Would Rule, Using Intermediate Appellate Decisions, Decisions from Other Jurisdictions, Statutes, Treatises And Restatements for Guidance

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