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

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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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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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

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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