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

Inherent Power: Bankruptcy Court Power to Sanction for Violation of Order Entered under Title 11 Unaffected by Stern v. Marshall — Due Process: Hearing Required Where Factual Issue Exists As to Whether Misrepresentation Was Made

In re Reed (Critique Servs., LLC v. Reed), 2018 WL 1939732 (8th Cir. Apr. 25, 2018): *1 The bankruptcy court1 sanctioned Ross H. Briggs for contempt of an order and for misleading the court. The district court2 affirmed.…
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Hearsay: Texts Admissible under Coconspirator Exemption (801(d)(2)(E)) If Court Finds It Probable Declarant & Party Were Members of Conspiracy & Text Furthered It — Adoptive Admission of Third Party Texts by One Conspirator

United States v. Brown, 2018 U.S. Dist. LEXIS 67239 (D. R.I. Apr. 18, 2018): Before the Court are a series of pretrial motions filed by both the government and the defendant Devon Brown. The government has charged Mr. Brown…
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Rule 11: Bad Faith If Atty Knowingly or Recklessly Raises Frivolous Argument, Argues Meritorious Claim to Harass, Delays or Disrupts Case or Hampers Enforcement of Order — Meaning of Abuse of Discretion (11th Cir.)

Jackson v. Jackson (In re Jackson), 2018 U.S. App. LEXIS 9804, 2018 WL 1791991 (11th Cir. Apr. 16, 2018) (unpublished): PER CURIAM: In this consolidated appeal, Matthew and Velma Jackson, Pennsylvania attorneys proceeding pro se, challenge several orders…
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RICO: Racketeering Activity Leading to Loss of Work Comp Benefits ≠ Injury to Business or Property — While Professional Medical Provider’s Loss of Reimbursement Constitutes Injury, Romantic Partner’s Loss Does Not

Gucwa v. Lawley, 2018 U.S. App. LEXIS 9428 (6th Cir. Apr. 16, 2018): This is an appeal from the district court's dismissal of Mark Marusza's and Nancy Gucwa's complaint, which alleged four causes of action. Marusza suffered a serious …
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Sanctions: Rule 11 Fine for Repleading in Amended Complaint Claims Dismissed without Leave to Replead — § 1927 Imposes Continuing Duty to Correct or Withdraw — Key Question Is When It Became Obvious the Claim or Defense Should Be Withdrawn

Regions Bank v. Kaplan, 2018 WL 1833045 (M.D. Fla. Mar. 1, 2018): *1 The District Judge has tasked me with reporting and recommending to her the appropriate dispositions on the sanctions motions filed by Plaintiff/Counter Defendant Regions Bank (Regions), Counter…
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Class Actions — Ascertainability: Must the Plaintiffs Show, in Addition to an Objective Criterion, an Administratively Feasible Mechanism to Determine Whether Putative Members Fall within Class Definition? — Circuit Split

Belcher v. Ocwen Loan Servicing, LLC, 2018 U.S. Dist. LEXIS 61452 (M.D. Fla. Mar. 9, 2018): REPORT AND RECOMMENDATION This matter comes before the Court upon Plaintiff Timothy J. Belcher's ("Belcher") Motion for Class Certification ("Motion")(Doc. 59), to which…
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Rule 41(a) and 41(d) 2-Dismissal Rules Don’t Apply If First Dismissal Is Involuntary — Inherent Power Sanctions Cannot Be Imposed Absent Notice They Are Under Consideration — “Fleeting References” in Motion Don’t Satisfy Due Process

Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc., 2017 WL 7689644 (9th Cir. 2017): MEMORANDUM* In this case, Platinum Logistics, Inc. brought its third suit against Platinum Cargo Logistics, Inc.. After Platinum Logistics filed the present action, Platinum Cargo requested …
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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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