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

Sanctions — If a Party Has Good Reason to Believe a Fact Is True or False But Needs Discovery, Formal or Informal, from Others to Confirm It, the Party Is Not Subject to Rule 11 Sanctions — Prompt Filing Is Encouraged

Max Oil Co., Inc. v. Range Production Co., LLC, 681 Fed.Appx. 710 (10th Cir. Mar. 14, 2017): Max Oil Company and Max, Rebecca, and Joe Hawkins (Hawkins Family) sued Range Production Company LLC and Range Resources-Midcontinent LLC (collectively Range), alleging …
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§ 1927 Sanctions — Notice of Appeal Filed in Name of Sanctioned Party Does Not Confer Jurisdiction over Appeal by Counsel — Liberal Construction under FRAP 3 Doesn’t Excuse Complete Non-Compliance — Test Is Objective

Payne v. Univ. of S. Miss., 681 Fed.Appx. 384 (5th Cir. 2017) (limited precedent opinion): Thomas Payne filed a civil rights lawsuit against the University of Southern Mississippi (the “University”) and several University officials in their official and individual capacities, …
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Rule 11 Sanctions — If a Party Forms a Belief Based on a Reasonable Inquiry Limited by a Prospective Adversary’s Withholding of Information, Asserts That Its Position “Will Likely Have Evidentiary Support,” Party Has Satisfied Rule 11

Amgen Inc.v. Hospira, Inc., 2017 U.S. App. LEXIS 14747 (Fed. Cir. Aug. 10, 2017): Amgen Inc. ("Amgen") appeals an order of the United States District Court for the District of Delaware denying Amgen's motion to compel discovery from Hospira, Inc.…
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RICO: Failure to Allege Violations of Predicate Acts Listed in § 1961(1) Dooms Claim — Judicial Recusal: Fact Judge’s Son Is Non-Partner Lawyer at Firm Before Her Doesn’t Require Recusal

Brown v. Burch, Porter & Johnson, PLLC, 2016 WL 9448027 (6th Cir. Nov. 21, 2016):   *1 Pro se litigant Kim Brown appeals a district court judgment dismissing his civil action filed pursuant to the Racketeer Influenced and Corrupt Organizations Act…
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Social Media Authentication — Facebook Message Excluded for Failure to Present Evidence of Distinctive Characteristics Linking Contents Linking to Alleged Sender — Methods of Twitter & Facebook Authentication

Richardson v State, 2017 Ind. App. LEXIS 286 (Ind. Ct. App. July 6, 2017): P1 Appellant-Defendant, Terrance L. Richardson (Richardson), appeals his conviction for murder, a felony, Ind. Code § 35-42-1-1. P2 We affirm. ISSUES P3 Richardson raises two issues…
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Judicial Notice of Internet Evidence: Attorney Affidavit of Search of Government Website Sufficient to Authenticate Printout on Summary Judgment — Testimony Chat Log Fully and Fairly Reproduces Chats Also Sufficient

Brown v. JNH Invs., 2017 U.S. Dist. LEXIS 117889 (E.D. Tex. July 7, 2017):  [*1] REPORT AND RECOMMENDATIONOF UNITED STATES MAGISTRATE JUDGE Pending before the Court is Defendants JNH Investments, Inc., J and H Investments Group, LLC, John Alsenih, and…
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Emails May Be Authenticated Circumstantially—Party’s Emails Are Admissions, 3rd Parties’ OK for Context — Wayback Machine Authenticable by Custodian Testimony, and Other Website Printouts by Testimony from Person Who Downloaded It

United States v. Gasperini, 2017 U.S. Dist. LEXIS 114166 (E.D.N.Y. July 21, 2017): Defendant Fabio Gasperini is charged with two counts of computer intrusion, one count of conspiracy to commit wire fraud, one count of wire fraud, and one count …
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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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