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

Fraudulent Joinder (or Misjoinder) — If the Case Commences in State Court, Is the Propriety of Joinder Determined under the State or Federal Joinder Standard? — Case Law Split

Two Cases: 1.  Tampa Elec. Co. v. Travelers Indem. Co. of Am., 2017 U.S. Dist. LEXIS 144524 (M.D. Fla. Sept. 7, 2017):   This matter comes before the Court upon consideration of Plaintiff Tampa Electric Company's ("TECO") Motion to Remand, filed…
Continue Reading

§ 1927 Sanctions for Refusal to Dismiss Meritless Case with Prejudice — No New Right to 41(a)(1) Dismissal of Right by Amending or after Removal — 41(a)(2) Dismissal Factors

Baiul v. NBC Sports, 2017 WL 3911576 (2d Cir. Sept. 7, 2017): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED. Plaintiffs-appellants Oksana Baiul and her company, Oksana,…
Continue Reading

RICO Injury — Exposure to Future, Unthreatened Claims as a Result of Re-selling Fraudulent Product Is Speculative, Doesn’t State RICO Loss, But Cost of Retroactive Insurance Policy to Cover Claims Might

Ratajczak v. Beazley Solutions Ltd., 2017 U.S. App. LEXIS 16782 (7th Cir. Aug. 31, 2017): Between 2006 and 2012 Packerland Whey Products, Inc., deceived at least one of its customers about the protein content of a product called Whey [*3]…
Continue Reading

§ 1782 Authorizes Discovery for Use in Foreign Proceeding in Which Applicant Is Not Seeking a Damages But May Submit Evidence — Discovery May Be Used in Other Foreign Proceedings Once Allowed, Unless Court Restricts Use

In re Accent Delight Int’l Ltd., 2017 U.S. App. LEXIS 16380 (2d Cir. Aug. 28, 2017): Intervenors-Appellants Yves Bouvier and MEI Invest Ltd. (collectively, "Bouvier") appeal from an order of the United States District Court for the Southern District of…
Continue Reading

Rule 41(b) Sanctions — Dismissal: Factors (10th Cir.) — While Factors Usually Needn’t Be Considered when Dismissal Is without Prejudice, They Must If the Statute of Limitations Has Run & It Effectively Terminates the Case

Villecco v. Grand Teton Lodge Co., 2017 WL 3726983 (10th Cir. Aug. 30, 2017): Michael Villecco, appearing pro se,1 appeals the district court’s dismissal of his employment discrimination claim for failure to prosecute his claim, and from the subsequent…
Continue Reading
Previous127128129130131132133Next

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.

New York Office

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice