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

§ 1927 Sanctions: Only Excess Costs Recoverable — Recusal: Expressions of Impatience, Annoyance, Anger Not Enough — In Limine Ruling Generally Superfluous in Bench Trials But No Error to Issue One

Ketab Corp. v. Mesriani & Assocs., PC, 2018 WL 2041424 (9th Cir. May 2, 2018): MEMORANDUM** *1 This case is a consolidated appeal arising from Plaintiff-Appellant Ketab Corp.’s (“Ketab”) claims against Defendants-Appellees Mesriani & Associates, P.C. aka, Mesriani Law…
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RICO: Negative Letter, Bar Complaint, Destroying Records ≠ Hobbs Act (Defs. Receive Nothing of Value That Can Be Exercised, Transferred or Sold) — Alleged Bribery of Official to Keep Quiet About His Own Misconduct Implausible (No Need to Pay)

Block v. Snohomish Cty., 2018 WL 1978954 (9th Cir. Apr. 27, 2018): In appeal No. 15-35569, Plaintiff Anne Block (“Block”) appeals the dismissal with prejudice of her second amended complaint against Snohomish County, the City of Gold Bar, and various…
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Rule 38 Sanctions — Timeliness — Motion Must Be Filed within Time Allotted for Attorney’s Fees Application by Local Circuit Rule (9th Cir.) — If Double Costs Sought, Bill of Costs Must Be Timely Filed under FRAP and Circuit Rule

In re Westwood Plaza N., 2018 U.S. App. Lexis 11176 (May 1, 2018) (amended opinion): PER CURIAM: The court’s October 11, 2017 order dismissed in part this appeal for lack of jurisdiction, and summarily affirmed in part the district court’s…
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Inherent Power Sanctions: Fee Award That “Approximated a Reasonable Rate for the Time Spent in Defending” Bad Faith Litigation Satisfies Goodyear’s Mandate That Award Can’t Exceed Actual Cost Imposed by Misconduct

Regions Bank v. Gateway Hous. Found., 2018 U.S. App. LEXIS 10991 (6th Cir. Apr. 30, 2018): Gateway Housing Foundation and Terry McNellis appeal the district court's award of sanctions to Regions Bank. All agree that the award should be…
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Hearsay: Texts Defining Scope/Terms of Conspiracy = Verbal Acts That Can Form the Requisite Non-Hearsay Evidence of Conspiracy Needed to Trigger the Exception for Other, Hearsay Texts of Conspirators

State v. Bollig, 2018 Kan. App. Unpub. LEXIS 312 (Kan. Ct. App. Apr. 27, 2018): A jury in Trego County District Court convicted Defendant Scott Robert Bollig of conspiracy to commit first-degree murder for his principal role in a …
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Vexatious Litigant: 3 Suits for Same Grievance, Alone, Enough — Finding Claims Colorable for In Forma Pauperis Status Doesn’t Bar Later Sanctions — Appeals: Denial of Rule 59 Motion Unappealable, Court Treats Notice as Appeal of Underlying Order

Mitchell v. Taylor, 2018 U.S. App. LEXIS 9651 (6th Cir. Apr. 16, 2018) (unpublished): Dwight Mitchell, a pro se litigant, appeals the district court's order granting in part and denying in part the motion of Guardian Home Care Holdings,…
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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

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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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