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

$1.5 Million § 1927 / Inherent Power Sanction Reversed — Claim Not Frivolous If Court of Appeals Previously Remanded to Allow Plaintiffs to Amend Complaint — No Evidence of Improper Purpose to Extract Settlement (Why Else Do People Sue?)

U.S. ex rel. Lee v. Corinthian Colleges, 2016 U.S. App. LEXIS 10455 (9th Cir. June 9, 2016): In case number 13-55700, Nyoka Lee and Talala Mshuja ("Relators") appeal the district court's dismissal of their amended complaint alleging violations of the …
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Inherent Power — Dismissal: Court Must Consider Lesser Sanctions & the Misconduct Must Interfere with the Rightful Decision of the Case — Default: Circuit’s Factors for Lifting Trump Local Rule Criteria

Figueroa v. Cnty. of L.A., 2016 U.S. App. LEXIS 10555 (9th Cir. June 10, 2016):  Sergeant Gonzalez appeals from the district court's denial of his motion for relief from default and the defendants appeal from the district court's grant of…
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Due Process Requires Notice of Rule, Conduct & Type of Sanctions under Consideration — Vexatious Litigant Injunction Rev’d for Barring Filing of Motions without Pre-Filing Review — No Recusal for Asking Party to Draft Order

Am. Bd. of Surgery, Inc. v. Lasko, 2015 U.S. App. LEXIS 8031 (3d Cir. May 15, 2015): Keith A. Lasko appeals pro se from the District Court's orders entering final judgment. We will affirm in part, vacate in part, and…
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§ 1927 Sanctions — After Loss, Filing Non-Frivolous 2d Suit in Wrong Forum for “Fresh Pair of Judicial Eyes” = Objective Bad Faith — This Is a Lawsuit in Search of a Viable Theory of Recovery (Good Quote) — Law of Case Is Discretionary

Boyer v. BNSF Rwy. Co., 2016 U.S. App. LEXIS 10021 (7th Cir. June 1, 2016): These consolidated appeals are successive to our decision in Irish v. BNSF Ry. Co., 674 F.3d 710 (7th Cir. 2012). See 7th Cir. Internal Operating…
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Rule 11 Sanctions Require Restraint — Deterrence vs. Direct Harm Caused — Arguments Not Raised below on Appeal (Factors) — Law of the Case & Reasons to Depart — High Evid. Bar for Fraud on Court

StreetEasy, Inc. v. Chertok, 2016 U.S. App. LEXIS 10235 (2d Cir. June 7, 2016): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellant Douglas Chertok, an attorney proceeding…
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No § 1927 Sanctions for Counterclaims — Explicit Finding of Bad Faith Required for Inherent Power — Quick Correction of Error Counters Finding Bad Faith — Contra Recidivism: Conduct in Other Cases ≠ Evidence of Bad Faith Here (Good Quote)

Glasser v. Blixseth, 2016 U.S. App. LEXIS 7939 (9th Cir. May 2, 2016): Christopher Conant ("Conant") appeals the district court's order granting sanctions against him for filing a frivolous [*2]  counterclaim on behalf of his client, Timothy Blixseth ("Blixseth"). We…
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Supreme Court: Judge May Rescind Jury Discharge Order, Re-Empanel — Inherent Power Must Be Reasonable Response to Problem & Can’t Contradict Rule or Statute — “All Judges Make Mistakes. (Even Us.)” — Good Quotes

Dietz v. Bouldin, 2016 U.S. LEXIS 3772 (U.S. June 9, 2016): In this case, a jury returned a legally impermissible verdict. The trial judge did not realize the error until shortly after he excused the jury. He brought the jury…
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New York — Privilege — Common Interest Exception Requires Pending or Anticipated Litigation — Common Legal Interests Arising out of Merger (Regulatory Approvals, Taxes, Benefits, Etc.) Not Enough — Federal Courts & Restatement to the Contrary

Ambac Assur. Corp. v. Countrywide Home Loans, Inc., 2016 N.Y. LEXIS 1649, 2016 NY Slip Op 04439 (N.Y. Ct. App. June 9, 2016): This discovery dispute involves certain attorney-client communications that defendant Bank of America Corporation and defendant Countrywide Financial …
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Rule 37(b) Sanctions: Dismissal for Violating Court Orders — No Need to Consider Lesser Sanctions If Violation Deliberate — Repeatedly Flouting Orders = Bad Faith — Party’s Testimony Rarely Dispensable Based on Own Say-So (Good Quotes)

United States v. $11,071,188.64, 2016 U.S. App. LEXIS 10226 (8th Cir. June 6, 2016): In December 2012, the United States filed an Amended Verified Complaint seeking civil forfeiture of $11,071,188.64 held in various banking and brokerage accounts in the United…
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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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