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 37: Court May Order Party to Produce Non-Party Witness (Here, an Expert But Also Any Other Witness under the Party’s Control) & Impose Rule 37 Sanctions for Disobedience — Rule 45 Sanctions against Subpoenaed Witness Are Not Exclusive

Sali v. Corona Reg'l Med. Ctr., 2018 U.S. App. LEXIS 6768 (9th Cir. Mar. 19, 2018): The discovery process in theory should be cooperative and largely unsupervised by the district court. But when required disclosures aren't made or cooperation…
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RICO Causation: Not Enough That Plaintiff’s Injury Is Intended — Must Be Direct — Subcontractor Has No RICO Claim Based on Pattern of Racketeering of Property Owner’s Insurer & Its Agents to Reduce Payment to Subcontractor

Slay’s Restoration, LLC v. Wright Nat’l Flood Ins. Co., 2018 WL 1219618 (4th Cir. Mar. 9, 2018): *1 In this appeal, we hold that a subcontractor hired by a property owner’s contractor to repair flood damage to the owner’s property …
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Rule 15(c)(1)(C) — Substitution of a Named Defendant for a Doe Defendant Does Not Relate Back — It Is a Change in Parties, Not a Substitution of Parties (Naming a Doe Defendant Is Not a Mistake Concerning the Proper Party’s Identity)

Reiner v. Canale, 2018 U.S. Dist. LEXIS 42301 (E.D. Mich. Mar. 15, 2018): Plaintiff TC Reiner first brought this copyright suit, alleging both infringement and wrongful removal of copyright information, against Saginaw Valley State University ("SVSU"), the Saginaw…
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Facebook Authentication by 902(11) Certification + Contents — Issue Isn’t Whether Jury Could Find Party Wasn’t Author But Whether It Could Find S/he Was — Rap Lyric As Adoptive Admission—“Always” As Encompassing Past Conduct

United States v. Recio, 2018 U.S. App. LEXIS 5753 (4th Cir. Mar. 7, 2018): A jury found Larry Recio guilty of being a felon in possession of a firearm. At trial, over his objection, the district court admitted into evidence …
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Judicial Notice of Internet Evidence Not Permitted on Suppression Motion in Mass. — Court-Initiated JN Requires Notice to Parties & Opportunity to Be Heard (Note: Mass. Has Special Rule 201(c) Prohibiting JN of Element of Offense in Criminal Case)

Commonwealth v. Hilaire, 92 Mass. App. Ct. 784, 2018 Mass. App. LEXIS 21 (2018): At issue is whether there was reasonable suspicion to stop the defendant and search his backpack several  [*785]  hours after an armed home invasion had …
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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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