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 Authentication: 3d Cir. Adopts Circumstantial Approach — Chats Not Self-Authenticated by 902(11) Certificate (Circuit Split) Except to Prove Chats Took Place — Hearsay: Party’s Chat = Admission & Other Side’s Words OK for Context

United States v. Browne, 2016 U.S. App. LEXIS 15668 (3d Cir. Aug. 25, 2016): The advent of social media has presented the courts with new challenges in the prosecution of criminal offenses, including in the way data is authenticated under…
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Prejudgment Interest Can’t Be Denied on the Ground That the Verdict Is Generous Enough — That Gives Windfall to Defendant: An Interest-Free Loan — Difficulty in Calculating Is Not A Basis to Deny

Leonard v. Stemtech Int’l Inc., 2016 U.S. App. LEXIS 15565 (3d Cir. Aug. 24, 2016): Andrew Leonard, a stem cell photographer, and Stemtech International, Inc., a company that sells nutritional supplements through independent distributors, cross appeal various rulings in the…
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Voicemail Authentication: Self-Identification + Request to Return Call to Home Number of Self-Identifier + Contents of Message = Sufficient Circumstantial Authentication

Goodrich v. Director, 2016 U.S. Dist. LEXIS 111633 (E.D. Tex. July 21, 2016): Petitioner Joseph Glenn Goodrich, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas…
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Class Actions — Claims-Made Settlement: Is Benefit to Class the Amount Claimed or Amount Available to Be Claimed? — Circuit Split — Consumer Settlement with Clear Sailing & Kicker Clauses, and Fees Exceeding Amount Claimed, Upheld

Gascho v. Global Fitness Holdings, LLC, 822 F.3d 269 (6th Cir. 2016) (2-1 decision): **1 This case involves challenges to the settlement of a consumer class action. Amber Gascho and other Plaintiffs (collectively, “Plaintiffs”) sued Global Fitness Holdings, LLC alleging…
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RICO Complaint Must Allege Crimes — Civil RICO Conspiracy Can’t Be Based on Negligence — Res Judicata Bars RICO Claim Based on Same Nucleus as Prior Non-RICO Case — Federal Res Judicata Law Applies in Fed. Question Cases (State Law If Diversity)

Snow Ingredients, Inc. v. Snowizard, Inc., 2016 U.S. App. LEXIS 14977 (5th Cir. Aug. 15, 2016): As the seasons turn from spring to summer in New Orleans, locals know to expect familiar changes. The days get longer. The temperature rises.…
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Appealability — Denial of Summary Judgment Is Generally Interlocutory, Subsumed by Verdict, Unappealable — But a “Controversial Exception” Exists for “Purely Legal Issues” (Circuit Split)

Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 2016 U.S. App. LEXIS 14057 (7th Cir. Aug. 2, 2016): A. Facilitating a RICO Enterprise The racetracks did not properly preserve for appeal their argument that the evidence did not support…
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Rule 11 Sanctions Inapt Where Losing Claims “Not So Obviously Foreclosed by Precedent” As to Doom Them — Courts Should Be Cautious to Avoid Chilling Enthusiasm & Creativity of Counsel — Acts Before Administrative Agency Sanctionable Only by Agency

Snow Ingredients, Inc. v. Snowizard, Inc., 2016 U.S. App. LEXIS 14977 (5th Cir. Aug. 15, 2016): As the seasons turn from spring to summer in New Orleans, locals know to expect familiar changes. The days get longer. The temperature rises.…
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Recent Articles

§ 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

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

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

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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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