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: Innocuous Wire Transactions Used to Build Trust = Wire Fraud — Intrabank Transfer May Be Bookkeeping Entry, Not Sufficiently Plead —Analysis in Unappealed Order Granting Prior Dismissal Disregarded — Denial of Leave to Amend Strictly Reviewed

Bui v. Ton Phi, 2017 U.S. App. LEXIS 20304 (9th Cir. Oct. 17, 2017): Mai Ngoc Bui appeals the district court's grant of Defendants' motion to dismiss with prejudice the Racketeer Influenced and Corrupt Organizations [*2]  (RICO) claim from her…
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Experts: CEO Opinion Based on CEO Experience=701 But If Tech’l Knowl. Used = 702 — 37(c)(1) Sanction for No Expert Rep’t: 4 Factors — Still Prejudiced If You Know the Unreported Opinion — Waiver by Not Defending All Claims Attacked

Dynamic Concepts, Inc. v. Tri-State Surgical Supply & Equipment Ltd., 2017 U.S. App. LEXIS 22348 (2d Cir. Nov. 8, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF it is hereby ORDERED, ADJUDGED, AND DECREED that the judgments and orders of the…
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FRAP 12.1 Allows Limited Remand So That District Court Can Implement Prior Indicative Ruling — Actual Prior Indicative Ruling under Fed. R. Civ. P. 62.1 Unnecessary If District Court’s Views Clear

Mendia v. Garcia, 2017 U.S. App. LEXIS 22102 (9th Cir. Nov. 3, 2017):     Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs [*3]  Enforcement ("ICE") agents John Garcia and Ching Chang lodged an immigration…
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12(b)(6) Motions: SEC Filings and News Articles Judicially Noticeable to Show What Was Available to the Market (Securities Action), Not for Truth — Are Forms 4 Noticeable Absent Allegations of Stock Sales? Case Law Split

Shenwick v. Twitter, Inc., 2017 U.S. Dist. LEXIS 170901 (N.D. Cal. Oct. 16, 2017): Twitter is a social media company that, like other social media companies, depends on advertising revenue. Accordingly, how many users Twitter has, and whether those…
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RICO: Causal Chain Too Attenuated for Third Party Payors to Sue for Improper Off-Label Uses — Need to Attach Expert Report (Here, Regression Analysis) to Complaint to Save It If Nothing Comparable Exists In Published Literature

Sidney Hillman Health Ctr. of Rochester v. Abbott Labs., 2017 U.S. App. LEXIS 19925 (7th Cir. Oct. 12, 2017): The Food and Drug Administration has approved the use of Depakote (divalproex [*2]  sodium) to treat seizures, migraine headaches, and some…
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Rule 37(c)(1) Sanctions: If Exclusion = Dismissal, Must Consider Lesser Sanctions — 37(b) + 37(c)(1) Factors — Meaning of Abuse of Discretion (10th Cir.); Court Must Explain Decision—If Fees Awarded after Appeal Noticed, Must Notice Again or Amend

HCG Platinum, LLC v. Preferred Prod. Placement Corp., 2017 U.S. App. LEXIS 20229 (10th Cir. Oct. 17, 2017): HCG Platinum, LLC ("HCG") and Preferred Product Placement Corporation ("PPPC") entered into a Manufacturer's Representative Agreement ("Marketing Agreement"), under which PPPC agreed…
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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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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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