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 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…
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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…
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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 …
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Appeals — TRO Appealable Only If It Decides Merits of the Case or Is Equivalent to Dismissal — Absolute Judicial Immunity on Injunctive Claim, Regardless of Error, Malice or Excess of Jurisdiction, Unless Jurisdiction Clearly Absent

Ellakkany v. Common Pleas Court of Montgomery Cnty., 2016 U.S. App. LEXIS 13652 (3d Cir. July 27, 2016) : Appellant Mourad Ellakkany appeals from the district court's order denying his motion for a temporary restraining order and preliminary injunction. Because…
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Discovery Sanctions — Attorney’s Fees under Rule 37(b)(5) — Although Phrased in Seemingly Mandatory Terms, Court’s Discretion Is Broad — Excessive Fee Request May Be Denied as “Unjust” — Standard under 12(c) = Summary Judgment

Jones v. Dufek, 2016 U.S. App. LEXIS 13549 (D.C. Cir. July 26, 2016): Tawanda Jones owed $1,050.29 to Bank of America. Bank of America sold the debt to CACH, LLC. That company hired the Law Office of David Sean Dufek…
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Supreme Court Precedent & Dicta: “Federal Courts Are Not Free to Limit Supreme Court Opinions to The[ir] Facts” & Are Bound by the Supreme Court’s Considered Dicta Almost as Firmly as by Its Outright Holdings (Good Quotes)

In re: Pre -Filled Propane Tank Antitrust Litigation, 2016 U.S. App. LEXIS 15748 (8th Cir. Aug. 25, 2016) (Benton, J., dissenting): [F]ederal courts "are not free to limit Supreme Court opinions to the facts of each case." McDonough v.…
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RICO: Bank + Outside Contractor, 2 Law Firms, Commc’ns & Processing Firms= AIF Enterprise—Pleading: “9(b) Does Not Require Omniscience” & 12(b)(6) Doesn’t Require “a Prima Facie Case for Each Element” (Good Quotes)

George v. Urban Settlement Servs., 2016 U.S. App. LEXIS 14934 (10th Cir. Aug. 15, 2016): Richard George, Steven Leavitt, Sandra Leavitt, and Darrell Dalton appeal the district court's dismissal of their putative class action against Urban Settlement Services, d/b/a Urban…
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RICO — Operating Partner, Sons, Outside Accountants & “Ill-Defined Cluster of Other Business Entities” ≠ Enterprise — No Discrete Existence Shown by Subsets of the Group Pursuing Their Own Ends Separately

RICO — Operating Partner, Sons, Outside Accountants & “Ill-Defined Cluster of Other Business Entities” ≠ Enterprise — No Discrete Existence Shown by Subsets of the Group Pursuing Their Own Ends Separately Nelson v Nelson, 2016 U.S. App. LEXIS 15164 (8th…
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Recent Articles

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

nherent 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?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

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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