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

Subpoenas: Rule 45 Does Not Apply to Administrative Subpoenas, But Court Has Discretion under Rule 81 to Apply Some Or All of Rule 45 to Such Subpoenas

United States v. Tennessee Walking Horse Breeders’ & Exhibitors’ Ass’n, 2018 WL 1219313 (6th Cir. Mar. 8, 2018): Defendant-Appellant Tennessee Walking Horse Breeders’ and Exhibitors’ Association (“TWHBEA”) appeals the district court’s denial of its motion for reimbursement of costs incurred…
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Rule 37 Sanctions: Dismissal Requires Order, Willful Violation & Prejudice — Rule 41(b): Dismissal Requires Only Failure to Comply with Court Order & Considers Prejudice to Adversary or Court Only to a Lesser Extent

Burgett v. Gen. Store No. Two Inc., 2018 WL 1444200 (8th Cir. Mar. 23, 2018): *1 Charles Burgett appeals a judgment of the district court1 dismissing his civil rights action as a sanction under Federal Rules of Civil Procedure …
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12(b)(6) Motion to Dismiss — Incorporation of Website in Complaint — OK for Court to Consider Website When Authenticity Uncontested (Compare Our Post of Jan. 15, 2016)

Beckman v. Wal-Mart Stores, Inc., 2018 U.S. Dist. LEXIS 95414 (S.D. Cal. June 5, 2018): Plaintiff Gina Beckman brings this putative class action lawsuit against Defendants Wal-Mart Stores, Inc. ("Wal-Mart"), Espresso Supply, Inc., Eko Brands, LLC, and Ekobrew (collectively, …
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Diversity Jurisdiction: Administratively Dissolved Corporation (Arts. Revoked for Failure to Pay Fees, Make Filings) Still Has Principal Place of Bus., Defeats Jd, Because It “Has Been” Inc’d within §1332(c)(1) (Circuit Split) — No 1447(d) Sanction

Colon v. Ashby, 2018 U.S. Dist. LEXIS 96709 (D.D.C. June 8, 2018): Before the Court is the plaintiffs' Motion to Remand. Dkt. 8. For the reasons that follow, the Court will grant the motion. I. BACKGROUND This suit arises…
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Appellate Jurisdiction: Where Sanctions Order Entered after Final Judgment, Appeal of Final Judgment Doesn’t Capture Order — Strictly Enforcing Scheduling Order Deadlines ≠ Abuse of Discretion

Cagle v. United States, 2018 U.S. App. LEXIS 15564 (11th Cir. June 8, 2018): PER CURIAM: Andrea J. Cagle, proceeding pro se, appeals the district court's order granting summary judgment in favor of the government and dismissing her complaint.…
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Rule 41(b) Dismissal — 4 Factors (6th Circuit) — — Absent Bad Faith, Failure to Comply with Order May Be Insufficient Unless Warning Puts Party on Notice That Further Noncompliance Will Result in Dismissal

Harris v. Davidson Cty. Sheriff, 2018 U.S. App. LEXIS 10587 (6th Cir. Apr. 25, 2018): Vaughn Harris, a Tennessee pretrial detainee proceeding pro se, appeals the district court's judgment dismissing his civil rights action pursuant to Federal Rule of …
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Recent Articles

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

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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