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

Evidence: That Testimony Is Self-Serving Is No Reason to Exclude It — Production of Emails by Adversary Authenticates Them for for Summary Judgment — A Declaration Stating How Doc Will Be Authenticated for Trial Sufficent on SJ

Johnson v. Cameron Int’l Corp., 2017 U.S. Dist. LEXIS 135794 (S.D. Tex. Aug. 24, 2017): Pending before the court are (1) plaintiff Cameron International Corporation's ("Cameron") motion for summary judgment (Dkt. 14), and (2) Cameron's objections to plaintiff Willie Johnson's…
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RICO Extraterritoriality: Injury to Tangible Property, Including Cash in Bank & Bearer Shares of Foreign Entity in Safety Deposit Box, Is Domestic If Located in US, Even If Plaintiff Lives Abroad — Theft of Shares vs. Decline in Value

Bascuñán v. Elsaca, 2017 U.S. App. LEXIS 21519 (2d Cir. Oct. 30, 2017): The question presented in this appeal is whether the plaintiffs have plausibly alleged "a domestic injury" to their business or property within the meaning of Section …
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Securities — Does LIFO or FIFO Apply in the Section 11 Traceability Context? — Since LIFO Is Used to Calculate Losses, Court Use It to Determine Traceability (First Impression)

In re LendingClub Secs. Litig.. 2017 U.S. Dist. LEXIS 174208 (N.D. Cal.  )ct. 20, 2017): ORDER RE CLASS CERTIFICATION INTRODUCTION In this PSLRA action, lead plaintiff moves for class certification and to enjoin a parallel state action. Class representatives…
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Avoidance of Rule 11 Sanctions by Withdrawing Complaint During Safe Harbor Period Does Not Insulate Party from Exceptional Case Fees under 35 U.S.C. § 285 (Patent Cases)

Rothschild Connected Devices Innovations, LLC v. Guardian Protection Servs., Inc., 2017 U.S. App. LEXIS 9876 (Fed. Cir. June 5, 2017): Appellant ADS Security, L.P. ("ADS") appeals the opinion and order of the U.S. District Court for the Eastern District of…
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Rule 37(c) Exclusion of Evidence Not Disclosed until SJ — If Exclusion = Dismissal, Willfulness Needed— Affidavit Based on Personal Knowledge “Or Believed to Be True” Based on Records & Discussions Does Not Create a Fact Questiion at SJ

BWP Media USA Inc. v. Urbanity, LLC, 2017 U.S. App. LEXIS 10784 (9th Cir. June 19, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-appellant BWP Media …
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§ 1927 Sanctions OK for “Objective Bad Faith” — Appellate Jurisdiction Exists for Dismissal without Prejudice Based on Arbitration Clause or Forum Non Conveniens Because It Is Final as to Federal Court, as Opposed to the Other Forum

Hunt v. Moore Bros., Inc., 2017 U.S. App. LEXIS 11607 (7th Cir. June 29, 2017): James Hunt worked as a truck driver in Nebraska. On July 1, 2010, he signed an Independent Contractor Operating Agreement with Moore Brothers, a small…
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Corporate Receiver’s Production of Documents from Corp. Authenticates Them — Emails Authenticated by Being Found on Computer of Defendant-Officer of Corp. — Court Disregards Boilerplate Evidentiary Objections on SJ, Can’t Fully Address All Others

FTC v. Kutzner, 2017 U.S. Dist. LEXIS 174299 (C.D. Cal. Sept. 5, 2017):  I. INTRODUCTION Pending before the Court are Plaintiff Federal Trade Commission's ("Plaintiff" or "FTC") Motion for Summary Judgment against Defendants Jeremy Foti ("Foti") and Charles Marshall…
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Arbitration — Equitable Tolling Applies to Motion to Vacate, Modify or Correct an Award under FAA § 12 — Evident Partiality: Standard; Not Shown by Dated, Attenuated or Insubstantial Ties

A. Miner Contr., Inc. v. Dana Kepner Co., 2017 U.S. App. LEXIS 15536, 2017 WL 3530894 (9th Cir. Aug. 17, 2017): Appellant A. Miner Contracting, Inc. ("Miner") appeals the district court's order denying Miner's petition to vacate an arbitration award…
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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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