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 Claim Inextricably Intertwined with Alleged State Court Errors / Lack of Jurisdiction Barred by Rooker-Feldman — Obstruction Predicate Limited to Federal Proceedings — Vague Conspiracy Allegations Fail under Twiqbal

Bhardwaj v. Pathak, 2016 U.S. App. LEXIS 16283 (9th Cir. Sept. 2, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sanjay Bhardwaj appeals pro se from the…
Continue Reading

Experts — When Testimony Contains Reliable & Unreliable Opinions That Are Easily Distinguished, Only Latter Should Be Excluded — “While the District Court’s Discretion Is Considerable, It Is Not Unfettered” (Good Quote)

In re Pfizer Inc. Securities Litig., 819 F.3d 642 (2d Cir. 2016): Plaintiffs-Appellants Teachers' Retirement System of Louisiana and Christine Fleckles, acting on behalf of themselves and other similarly situated investors (collectively, "Plaintiffs"), brought suit in the United States District…
Continue Reading

RICO PSLRA Bar — N.D. Ill. Rejects Several Circuit (and other N.D. Ill.) Decisions Holding That Bar Applies If Conduct Is Actionable as Securities Fraud by Anyone — Holds It Must Be Actionable by Plaintiff

Menzies v. Seyfarth Shaw LLP, 2016 U.S. Dist. LEXIS 92765 (N.D. Ill. July 15, 2016) (Blakey, D.J.): Plaintiff is a rich man who, ostensibly through hard work and good fortune, put himself in a position to sell over sixty million…
Continue Reading

Rule 37(c)(1) Sanctions Inapt Where Info Undisclosed Per 26(a)(1) Is Revealed in Discovery & No Sandbagging — Settlement Agreement (Release) Binding on Drafter Who Performs (Pays) Even Though Only Counterparty Ever Signs

Baker Hughes Inc. v. S&S Chem., LLC, 2016 U.S. App. LEXIS 16257 (6th Cir. Sept. 2, 2016): Bruce Stevens worked for Baker Petrolite Corporation and its predecessor for approximately seven years. When his employment ended, Stevens signed a contract in…
Continue Reading

Good Quotes: In Pleading, As in Many Aspects of Life, Quality Matters More Than Quantity — Plaintiffs’ Unwieldy, Everything-But-the-Kitchen-Sink Approach — Rule 9(b) Does Not Permit Us to Assemble…Disjointed Facts into a Collage

Lawrie v Ginn Dev. Co., LLC, 2016 U.S. App. LEXIS 13706 (11th Cir. July 28, 2016): In pleading, as in many aspects of life, quality matters more than quantity. Plaintiffs in this lawsuit have tried to plead a cause …
Continue Reading
Previous166167168169170171172Next

Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

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

© 2026 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice