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

Arbitration: A Reasoned Award Is A Simple Result; Need Not Delve Into Every Argument — A Claim Arbitrators Exceeded Their Authority Is Judged Under the “Barely Colorable Justification” Standard

Leeward Constr. Co. v. American Univ. of Antigua – College of Medicine, 2016 U.S. App. LEXIS 11570 (2d Cir. June 24, 2016): American University of Antigua-College of Medicine ("AUA") appeals from the March 26, 2013 memorandum opinion and the March…
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Rule 37(c) Sanctions — Are Attorney’s Fees for Lawyer Not Admitted Pro Hac Vice Recoverable? (Circuit Split) — Only Paralegal Tasks Traditionally Performed by Lawyers Generate Recoverable Fees — Local Rates Govern

Warder v. Shaw Grp., Inc., 2016 U.S. Dist. LEXIS 81822 (E.D. La. June 23, 2016): On March 16, 2016, this Court heard oral argument on Shaw Environmental, Inc.'s Second Motion to Compel [Doc. #200] and Shaw Environmental, Inc.'s Motion for…
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Arbitration — Is It for the Court or Arbitrators to Decide Whether Claim Can Proceed as a Class Claim? — Circuit Split — Incorporation of AAA Rules Dictates Conclusion That Arbitrators Decide

III. Availability of Class Arbitration Hedrick v. BNC Nat’l Bank, 2016 U.S. Dist. LEXIS 64679 (D. Kan. May 16, 2016): Plaintiff argues that the question of whether his claim can proceed to arbitration as a class claim is a procedural…
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Facebook Admissibility — Reversible Error to Exclude Printout of Authenticated Facebook Messages Even Though Testimony about Them Was Permitted — A Basic Principle of Evidence Law Is That What Is Relevant Is Generally Admissible (Good Quote)

People v. Nunn, 2016 IL App (3d) 140137-U; 2016 Ill. App. Unpub. LEXIS 957 (Ill. Ct. App. May 16, 2017): [*P1]  Held: In a felony murder case in which defendant claimed that the trial court erred in refusing to admit…
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Supreme Court: RICO — § 1962(b) & (c) Extend Extraterritorially ((a) Maybe Not, (d) Maybe So), Depending on Predicates, But Civil Claim Requires Domestic Injury —- Locus of Enterprise Irrelevant; Pattern Is Determinative

RJR Nabisco, Inc. v. European Community, 2016 U.S. LEXIS 3925 (U.S. June 201, 2016): The Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§1961-1968, created four new criminal offenses involving the activities of organized criminal groups in relation to…
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Email Admissibility: Where Partnership Agreement Requires Unanimity to Sue, Email Exchange Is Inadmissible to Prove What Was Said at Meeting But Admissible to Prove Up the Transaction Represented by the Emails Themselves — I.e., Verbal Act

A partnership agreement between two persons provided that no lawsuit would be maintained without the approval of both. Over the objection of one, the other brought a lawsuit in the name of the partnership against third parties, who now move…
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Bankruptcy Court May Issue § 1927 Sanctions (Circuit Split); $207K for Delaying Distribution, Eroding Estate; Sanctions from Complaint on OK; Objective Standard Used; Underlying Claim Can Be Legit; No Offset for Client Payment; Specificity Excused

In re Royal Manor Mgmt., Inc. (Grossman v. Wehrle), 2016 U.S. App. LEXIS 11018 (6th Cir. June 15, 2016): Dennis Grossman, an attorney who represented claimants pursuing a non-priority unsecured proof of claim in jointly administered Chapter 11 bankruptcy cases, …
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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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