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

Monetary Sanctions under Bankruptcy Code §105(a) for Violating Court Orders May Include the Costs of Investigating the Misconduct, Even If It Focused on Conduct for Which No Sanctions Are Ulimately Imposed

In re Herman (Houston v. Welt), 2015 U.S. App. LEXIS 22719 (11th Cir. Dec. 28, 2015): Attorney Bart Houston appeals the district court's affirmance of a bankruptcy court order imposing sanctions on him. Houston formerly served as counsel for…
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Inherent Power Sanctions — Actions Taken in Court 2 That Flout Orders of Court 1 (Here, Filing Suit in Violation of Injunction & Ch. 11 Confirmation Order) Are Sanctionable by Court 1 — Bankruptcy Court Has Inherent Power to Sanction

Matter of Skyport Global Commc’n, Inc. (Schermerhorn v. Kubbernus), 2016 U.S. App. LEXIS 4714 (5th Cir. Mar. 14, 2016): Plaintiffs-Appellants (the "Schermerhorn parties") appeal the issuance of sanctions for filing a state court petition that contained misrepresentations and claims barred…
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RICO — Principal Liable for RICO Acts of Agent Only If Agent Acting in Principal’s Interest — Bank’s Publicized Pre-Screening of Ponzi Schemer Not Proximate Cause of Victims’ Losses — That 250-Page Am. Cplt. States No Claim Shows Futility

Gomez v. Bank of America, N.A., 2016 U.S. App. LEXIS 3934 (9th Cir. Mar. 2, 2016): Plaintiffs sued Bank of America, N.A., successor in interest to Countrywide Bank, FSB, formerly known as Countrywide Bank N.A., Countrywide Home Loans, Inc. (the …
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§ 1927 Sanctions: Bad Faith Shown by Pressing Anew Frivolous Arguments Rejected by Other Courts — Recusal: Unsubstantiated Suggestions Insufficient; Probability of Actual Bias Must Be Too High to Be Constitutionally Intolerable

In re Hartford Litigation Cases, 2016 U.S. App. LEXIS 4820 (9th Cir. Mar. 16, 2016): Plaintiffs Lisa, Cornelius, and Marian Turner ("the Turners") appeal the denial of their motions to disqualify Judge Percy Anderson, the district court's orders remanding the…
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Sanctions — Failure of Notice (Due Process) Harmless If Args. Addressed on Reconsideration — No Need to Consider Lesser Sanctions for Lying to Court As No One Needs to Be Warned About That — No Hearing Needed If Blatant Inconsistency (Good Quotes)

Ayoubi v. Dart, 2016 U.S. App. LEXIS 3983 (7th Cir. Feb. 11, 2016): Firas Ayoubi, a pretrial detainee at the Cook County Jail, sued several members of the jail's staff under 42 U.S.C. § 1983 for violating the Eighth Amendment…
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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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