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

Rule 41(b) Dismissal — 4 Factors (6th Circuit) — While Consideration or Prior Imposition of Lesser Sanctions Is a Factor, Circuit “Is Loathe to Require District Court to Incant a Litany of Available Lesser Sanctions” Before Dismissing (Good Quote)

Feldman v. Hamilton Cty. Job & Family Servs., 2018 U.S. App. LEXIS 8755 (6th Cir. Apr. 5, 2018): Brett and Nicole Feldman, Ohio residents proceeding pro se, appeal the district court's judgment dismissing their complaint pursuant to Federal Rule …
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Work Product Protection Cannot Be Asserted over Material Prepared at Least in Part for Party Seeking to Waive Protection — Good Quote on Party Asking Ct. App. to Substitute Implicit Finding for Express Finding

Blattman v. Scaramellino, 2018 U.S. App. LEXIS 14252 (1st Cir. May 17, 2018): This appeal arises out of a civil action brought in federal court in Delaware concerning a corporate merger between Efficiency 2.0 LLC ("E2.0") and C3, Inc. …
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Judicial Notice of Internet Evidence: Party’s Website OK on 12(b)(6) Motion If Website’s Authenticity Is Not In Dispute & It Is Capable of Accurate and Ready Determination

Universal Attractions, Inc. v. Live Nation Entm't, Inc., 2018 U.S. Dist. LEXIS 23578 (S.D.N.Y. Feb. 12, 2018): Plaintiff Universal Attractions, Inc. ("Universal") brings this action against Defendants Live Nation Entertainment, Inc. ("Live Nation") and Ticketmaster LLC ("Ticketmaster"), alleging false …
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Rule 37 Sanctions: “When a Party Demonstrates a Flagrant Disregard for the Court and the Discovery Process[,] Dismissal Is not an Abuse of Discretion” (Good Quote) — Appeals: Court Will Not Consider Matters Raised for the First Time on Reply

Fountain v. United States, 2018 U.S. App. LEXIS 5452 (11th Cir. Feb. 28, 2018): PER CURIAM: Maria Fountain, proceeding pro se, filed a Federal Tort Claims Act lawsuit against the government but failed to attend a court-ordered deposition.…
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Intervention: Denial of Motion Appealable — Timeliness: Factors; Lack of Discovery Not Dispositive — Disqualification: May Ex-Client (Corp.) Intervene Solely to DQ One Side’s Counsel (50% Owner) at Behest of Other? To Guard Work Product?

Kirsch v. Dean, 2018 U.S. App. LEXIS 11478 (6th Cir. May 3, 2018): In this dispute between two fifty-percent shareholders of a corporation, we have been asked to decide whether the corporation may intervene, at the behest of one …
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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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