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

Facebook Admissibility — Posts Determined to Be Present Sense Impressions (PSIs) from Their Text — Failure to Particularize Hearsay Objection to Parts of Those Posts That Were Not PSIs Forfeits Objection

Wilkinson v. State , 2017 Tex. App. LEXIS 3808 (Tex. Ct. App. April 27, 2017): Appellant Jeffrey Lynn Wilkinson appeals from his misdemeanor conviction for assault involving family violence. After a jury found appellant guilty, the trial court assessed his…
Continue Reading

Inherent Power Sanctions — Dismissal for Failure to Comply with Court-Ordered Deadline to File Amended Complaint — No Bad Faith Evident or Required — Appeals: Matters Not Specifically Argued in Opening Brief Not Considered

Zochlinski v. Univ. of Cal., 2017 U.S. App. LEXIS 6783 (9th Cir. April 11, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Howard Alan Zochlinski appeals pro…
Continue Reading

RICO: Payment for Unnecessary Medical Treatment Constitutes Injury to Business or Property Even Though Personal Injuries and Pecuniary Losses Flowing from Them Do Not — CAFA: Federal Question Jurisdiction Trumps Local Controversy Exception

Blevins v. Aksut, 2017 U.S. App. LEXIS 3689 (11th Cir. Mar. 1, 2017): This case arises out of Defendant Doctor Seydi V. Aksut's alleged performance of unnecessary heart procedures. Two issues are on appeal. First, we must decide whether the …
Continue Reading

Rule 11 Sanctions: “Because the Rule Is Not Intended to Chill an Attorney’s Enthusiasm … Sanctions Are Reserved for the Exceptional Case” (Good Quotes) — Frivolous = Baseless + No Inquiry

Lima v. Deutsche Bank Nat’l Trust Co., 2017 U.S. App. LEXIS 6752 (9th Cir. April 19, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In these cases,…
Continue Reading

Sua Sponte Dismissal without Prejudice Failure to File RICO Case Statement, Even If Erroneous, Not Reversible If Plaintiff Had Time to Refile within SOL — Inherent Power Dismissal for Failure to Prosecute Reviewed with an Eye on Rule 41(b) Standards

Moskovits v Aldridge Pite, LLP, 2017 U.S. App. LEXIS 1199 (11th Cir. Jan. 24, 2017): Pro se plaintiff Alexander Moskovits filed a putative class-action suit in the Southern District of Florida against twenty-three defendants, alleging that defendants engaged in a …
Continue Reading

Inherent Power Sanctions — Frivolousness Alone Not Enough — Bad Faith Required, May Be Inferred — Disobedience to Court Is Key — Nightmare of Diversity Jurisdiction with LLCs (Good Quotes)

Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 U.S. App. LEXIS 4918 (11th Cir. Mar. 20, 2017): This case demonstrates the difficulty of applying established diversity jurisdiction principles to 21st-century business organizations. When determining citizenship of the parties for diversity …
Continue Reading
Previous141142143144145146147Next

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