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

Appeals—Jurisdiction: Dist. Ct. Cannot Extend 59(e) Deadline & Party Cannot Rely on An Extension Given — Untimely 59(e) Motion Should Be Deemed 60(b) Motion — Rule 11 Sanctions Denied for Lack of Separate Motion & Failure to Afford Safe Harbor

Colter v. Omni Ins. Co., 2018 WL 898679 (4th Cir. Feb. 15, 2018): PER CURIAM: Allison Colter appeals the district court’s order dismissing her complaint pursuant to Fed. R. Civ. P. 12(b)(6), and denying her motion to amend her…
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Judicial Notice of Briefs/Filings in Different Court OK, But Not for Truth — No §1927 Sanctions for Conduct in Another Court — Disqualification: Standing Requires Prior Attorney-Client Relationship Or Breach That “Infects the Litigation”

Smith v. Cook, 2018 U.S. Dist. LEXIS 37615 (S.D. Cal. Mar. 7, 2018): ORDER: (1) DENYING PLAINTIFF'S MOTION FOR WITHDRAWAL OF DEFENDANT'S ATTORNEYS; AND (2) DENYING PLAINTIFF'S MOTION FOR SANCTIONS (Doc. Nos. 22, 32) Pending before the Court…
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The Exceptional-Case Standard for Awarding Attorney’s Fees under the Lanham Act (15 U.S.C. §1117(a)) Is Identical to the Exceptional-Case Standard Applied in Patent Cases (under 35 U.S.C. §285) — 11th Circuit Joins 3d, 4th, 5th, 9th & Fed Circuits

Tobinick v. Novella, 2018 U.S. App. LEXIS 5845 (11th Cir. Mar. 8, 2018): Dr. Edward Tobinick appeals the District Court's award of attorney's fees to Dr. Steven Novella. Dr. Tobinick argues both that the District Court's decision to award…
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Pleading RICO: “Conclusory Allegations, Unwarranted Factual Inferences, and Legal Conclusions” Insufficient — Appeals: Issues Waived by Making No More Than “Conclusional Assertions” That Complaint Is Adequate (Good Quotes)

Van Velzer v. Amegy Bank, 2018 WL 1135060 (5th Cir. Mar. 1, 2018): PER CURIAM:* David Van Velzer appeals the dismissal of his civil action by the district court for failure to state a claim under Federal Rule of Civil …
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RICO: Litigation Activity as Predicate Generally Fails (Exc’ns), Always If Single Baseless Lawsuit — Case Based on Single District Court Precedent Not Frivolous — §1927 Sanctions Available against Lawyer Proceeding Pro Se — Ethics: Advocate-Wit Rul

Kim v. Kimm, 2018 WL 1054751 (2d Cir. Feb. 27, 2018): *1 The plaintiff Daniel Kim brings this action pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq., alleging that the defendants engaged…
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Contempt Sanction: Reading Only PACER Entry & Not Order = Bad Faith — Magistrate Judge Lacks Power to Adjudicate Contempt — Summary Adjudication OK for Violation in Court’s Presence (Failure to Have Client Present, As Ordered) — $2,500 Penalty

Deutsch v. Annis Enters., 2018 U.S. App. LEXIS 3028 (5th Cir. Feb. 8, 2018): PER CURIAM: This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. …
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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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