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: Parallel Conduct, Even with Knowledge of Others’ Acts, Cannot Support a Plausible Inference of Agreement or Relationships Needed to State Enterprise — Twombly Parallel-Conduct Standard Also Applies to Conspiracy

Almanza v. United Airlines, Inc., 2017 U.S. App. LEXIS 4377 (11th Cir. Mar. 13, 2017): Some find travel taxing. Plaintiffs in this case are among them, but not for the usual reasons. Plaintiffs are Mexican nationals who, in flying with …
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Spoliation of Tangible Evidence (Pre-37(e)): Even If Adverse Inference Instruction Is Permissible, Court Is Not Required to Issue It — Parties Allowed to Argue Their Positions to the Jury — Whether to Instruct Depends on Motive / Degree of Fault

Garcia Miranca v. Wyatt, 2017 U.S. App. LEXIS 3193 (9th Cir. Feb. 22, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rafael Garcia Miranda and Olga Martha …
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Sanctions: While Rule 11 Requires Conduct Violating 11(b)(1), (2), (3) or(4), Violation of the Duty of Candor Is Sanctionable under Inherent Power — Counsel’s Less-Than-Clear Comments Cannot Mislead Court That Knows True Facts

Level 3 Commc’ns, LLC v. United States, 2017 U.S. Claims LEXIS 202 (Ct. Fed. Claims Mar. 16, 2017): RULING REGARDING THE COURT'S DECEMBER 5, 2016 NOTICE FOR THE GOVERNMENT TO SHOW CAUSE WHY RCFC 11(b) WAS NOT VIOLATED This bid…
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Judicial Notice of Internet Evidence — Wayback Machine — If Judicial Notice Independently Taken by Court, Need to Give Parties Notice Per Rule 201(e)

DistributorsOutlet.com LLC v. Glasstree, Inc., 2016 U.S. Dist. LEXIS 76248 (E.D.N.Y. June 10, 2016): Plaintiff DistributorsOutlet.com, LLC, an online merchant, brought this action in December 2011 against Glasstree, Inc., a web hosting and design company; two Glasstree principals; and Glasstree…
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Appeals — No Jurisdiction to Review Arguments That Should’ve Been, But Weren’t, Raised in Prior Direct Appeal — Untimely 2d Motion for Reconsideration Doesn’t Toll Deadline for Filing Appeal

Lora v. NHS, Inc., 2016 U.S. App. LEXIS 19333 (3d Cir. Oct. 26, 2016): Yenny Lora and Mercedes Palma appeal the imposition of costs, and their attorney, Raul Jauregui, appeals the imposition of sanctions. The United States District Court for…
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Privilege/Work Product — Crime Fraud Exception Requires Proof Lawyer’s Work Product Was Used in Furtherance of Fraud — Not Enough to Show That Client Was Thinking about Defrauding and Wanted to Discuss It

In re Grand Jury Matter#3, 2017 U.S. App. LEXIS 1498 (3d Cir. Jan. 27, 2017): PER CURIAM.1 1   In response to Appellant John Doe's Petition for En Banc Rehearing (which also requests panel rehearing, a presumption in any event under…
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RICO and Malpractice: Lawyer/Law Firm Defendants Immune from Liability under Noerr-Pennington Unless Plaintiff Can Allege Facts Showing Their Litigation Filings Were Objectively Baseless

Mir v. Greines, martin, Stein & Richland, 2017 U.S. App. LEXIS 1439 (9th Cir. Jan. 18, 2017): Jehan Zeb Mir, M.D., appeals pro se from the district court's judgment dismissing his action alleging Racketeer Influenced and Corrupt Organizations Act ("RICO"), …
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RICO: Claim Lawyer Conspired with Client Requires More Than Awareness of Opponent’s Allegations (Good Quotes) — Mere Association with Conspirators Isn’t Agreement — Willful Blindness = Subjective Belief Plus Steps to Avoid Truth

Domanus v. Locke Lord LLP, 2017 U.S. App. LEXIS 1736 (7th Cir. Jan. 31, 2017): If the allegations in the supplemental complaints filed in this case are to be believed, the defendant law firms and lawyers were involved in a…
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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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