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 Personal Jurisdiction — Does § 1965 Provide Nationwide Jurisdiction or Only Nationwide Service? — Circuit Split — Issue: Must Plaintiff 1st Establish Personal Jurisdiction Over 1 Defendant before Court May Exercise Jurisdiction Over Nonresiden

Domain Protection LLC v. Keating, 2016 U.S. Dist. LEXIS 135093 (N.D. Tex. Sept. 30, 2016): Before the court are Defendant Paul Keating's Renewed Motion to Dismiss (Doc. 9), filed September 2, 2015; and Plaintiff Domain Protection's Motion for Reconsideration (Doc.…
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Appeals — Circuit Won’t Consider Args. Lacking the Reasoning, Authorities Required by FRAP 28(a)(8)(A) — RICO SOL Not Based on Last Predicate Rule — Court Construes Pro Se Filings Liberally But Isn’t Their Advocate (Good Quote)

Armstrong v Wyoming Dept. of Envt’l Quality, 2017 U.S. App. LEXIS 179 (10th Cir. Jan. 5, 2017): *   After examining Armstrong's brief and the appellate record, this panel has determined unanimously that oral argument wouldn't materially assist in the determination…
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Dismissal for Failure to Prosecute: 5-Factor Test — Not Enough for Pro Se, after 5 Years of Litigation, to Announce He’s Not Ready to Go to Trial — Abuse of Discretion: Step 1 — Did Trial Court ID Correct Legal Rule?

Calloway v. Hayward, 2016 U.S. App. LEXIS 10207 (9th Cir. June 6, 2016) (split panel): Plaintiff Jamisi Jermaine Calloway appeals the district court's sua sponte dismissal of his case based on his representations at a trial confirmation hearing that he…
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Particularly Wide Discretion Given to Rule 37(c)(1) Sanctions (Here, for Failure to Timely File Expert Reports) — Nominal Attorney’s Fees for Responding to Motion to Modify Scheduling Order for More Time to File Expert Reports, after Deadline Lapsed

LeFay v. LeFay, 2016 U.S. App. LEXIS 23109 (9th Cir. December 22, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.   Sharron LeFay ("Sharron") appeals the district court's…
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Rule 11 Sanctions for Submitting Doctors’ Reports (in Moving for Continuance ) Stating Lawyer “Unable to Perform Simplest Activities of Daily Activity” Where Contradicted by Videos — No Need for Evidentiary Hearing on Rule 11

Ultegra LLC v. Mystic Fire Dist., 2017 U.S. App. LEXIS 1009 (2d Cir. Jan. 20, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellants Gretchen Chipperini and …
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Arbitrability — Challenge to Validity of Arbitration Clause Is for Court to Decide — Challenge to the Contract As a Whole Is for Arbitrator to Decide

S. Jersey Sanitation Co. v. Applied Underwriters Captive Risk Assur. Co., 2016 U.S. App. LEXIS 19245 (3d Cir. Oct. 25, 2016): I. INTRODUCTION Applied Underwriters Captive Risk Assurance Company, Inc. ("Applied Underwriters"), a Berkshire Hathaway Company, appeals from the District…
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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

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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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