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(b) Dismissal: Factors (5th Cir.) — Abuse of Discretion: Review More Rigorous for Substantial Sanctions — While Court Needn’t Incrementally Increase Sanctions to Dismissal, It Should at Least Consider Lesser Sanctions First

Oprex Surgery (Baytown), LP v. Sonic Auto. Empl. Welfare Ben. Plan, 2017 U.S. App. LEXIS 14811 (5th Cir. Aug. 10, 2017): *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and…
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Class Actions: Rule 23(f) Isn’t Jurisdictional — Motion for Reconsideration within 14 Days of Certification Order Tolls 23(f) Deadline — So Does Statement of Intent to File Motion (Circuit Split on This)

Lambert v. Nutraceutical Corp., 2017 U.S. App. LEXIS 17923 (9th Cir. Sept. 15, 2017): Federal Rule of Civil Procedure 23(f) allows a litigant to seek an interlocutory appeal of a district court's order granting or denying class certification. This case …
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Sanctions — Court Can’t Use Rule 60(a), Years after Judgment Entered, to “Clarify” That Sanctions against Lawyer Include Firm, to Reflect A New & Subsequent Intent — Only Doable under 60(b) within 1 Year

Le v. Humphrey, 2017 WL 3327797 (11th Cir. Aug. 4, 2017): *1 Following multiple unsuccessful efforts in federal and state court to enforce a monetary sanctions order, and over two years after that order was entered, Phuc Quang Le convinced …
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Sanctions — Striking Affirmative Defense Based on Fraudulent Evidence OK under Inherent Power, and Awarding Attorney’s Fees Incurred Due to Reliance on the Stricken Fraudulent Evidence on Summary Judgment OK under Rule 11

Edge Sys. LLC v. Aguila, 2017 U.S. App. LEXIS 17365 (Fed. Cir. Sept. 8, 2017): Rafael Newton Aguila appeals from the final judgement of the Southern District of Florida in a trademark and patent infringement suit filed by Edge Systems …
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RICO: Sub Operated by Holding Co. + Affiliate ≠ Enterprise But Unified Structure, Single Corp. Consciousness — No Evidence Subs’ Acts Outside Ordinary Course or Structure Set Up or Used to Further Racketeering

U1it4less, Inc. v. FedEx Corp., 2017 U.S. App. LEXIS 17990 (2d Cir. Sept. 18, 2017): U1IT4Less, Inc., d/b/a NYBikerGear ("BikerGear"), an internet retailer of motorcycle gear, accuses FedEx Corporation and its subsidiaries FedEx Corporate Services, Inc. and FedEx Ground Package…
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RICO: Corp. + Outside Counsel May = Enterprise; Emotional Distress ≠ Injury, But Time Value of Settlement Does — Jurisdiction: Merits of Complaint Must Be Sufficiently Substantial to Confer Fed. Jur. — Much Harsher Test Than 12(b)

Roppo v. Travelers Comm’l Ins. Co., 2017 U.S. App. LEXIS 16407 (7th Cir. Aug. 28, 2017): This dispute arises out of representation provided by Travelers Commercial Insurance Co. ("Travelers") to one of its insureds, Jeffery Block, following a motor vehicle…
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Twitter Admissibility — Photo on Twitter Offered to Show Defendant with Vehicle Similar to One Police Allegedly Pursued Him in Not Hearsay — It is Evidence Supporting Inference Defendant Was in Vehicle

People v. Larkins, 2017 IL App (1st) 143420-U (Ill. Ct. App. Aug. 28, 2017): *1 ¶ 1 Held: The trial court did not err when it denied defendant’s motion to suppress the identification. Defendant’s sixth amendment right to counsel was…
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Rule 37(c)(1) Sanctions: Failure to Identify Witness in Initial Disclosures Harmless Where Her SJ Declaration Was Necessary Only to Authenticate Documents Whose Authenticity the Opponent Did Not Dispute

Burden v. Bar Loui Anaheim, Inc., 2017 U.S. App. LEXIS 8600 (9th Cir. May 16, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Kay Burden appeals the …
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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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