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

Judicial Notice of Internet Evidence — Bureau of Labor Statistics Survey on Website Is Self-Authenticating under 902(5) and Bears Distinctive Characteristics of Agency’s Website within 901

Rizo v. Yovino, 2015 U.S. Dist. LEXIS 163849 (E.D. Cal. Dec. 4, 2015): IV. EVIDENTIARY MATTERS A. Plaintiff's Request for Judicial Notice Plaintiff asks the Court to take judicial notice of the United [*12]  States Department of Labor Bureau of …
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Do Iqbal and Twombly Apply to Affirmative Defenses? (Circuit Split) — Affirmative Defenses Fail If So Unrelated to the Claims As to Be Unworthy of Any Consideration (Good Quote)

Two Cases on the Circuit Split: 1.  Sodexo Mgmt., Inc. v. Benton Harbor Area Sch. Dist., 2016 U.S. Dist. LEXIS 26115 (W.D. Mich. Mar. 2, 2016): Initially, the parties' disagreement about the sufficiency of BHASD's affirmative defenses requires the Court …
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Class Actions — What Does Predominance Mean and How Is It Properly Analyzed? — Circuit Split — Can Subclasses & Issue Certification Help? — Another Circuit Split) — Impact of Damages on Predominance

Daye v. Community Fin. Serv. Ctrs., LLC, 2016 U.S. Dist. LEXIS 26539 (D. N.M. Feb. 9, 2016): There is little uniform guidance on how to assess when common issues predominate over individual ones. Moreover, there is currently a split of …
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RICO —Limitations Period Not Equitably Tolled by Criminal Investigation & FBI Agent’s Request Suit Not Be Filed — No Fraud by Defendants & No Extraordinary Circumstance Outside Plaintiff’s Control — Pending Criminal Litigation Distinguished

Farmer v. D&O Contractors, Inc., 2016 U.S. App. LEXIS 2811 (5th Cir. Feb. 18, 2016): Plaintiffs–Appellants Stephen Farmer, et al., filed a civil suit against Defendants–Appellees D & O Contractors, et al., [*2]  alleging violations of the Racketeer Influenced and…
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Rule 37 Dismissal for Disregard of Order Compelling Discovery: “We Weigh Not Only The Straw That Finally Broke The Camel’s Back, But All The Straws That The Recalcitrant Party Piled On Over The Course Of The Lawsuit” (Good Quote)

Muhammad v. City of Chicago, 2016 U.S. App. LEXIS 4551 (7th Cir. Mar. 11, 2016): Miykael Muhammad sued the City of Chicago and others for allegedly violating his civil rights during a traffic stop when a police officer forced him…
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Experts — Undisclosed Rule 702 Expert Testimony Barred under Rule 37(c)(1) Not Admissible under Rule 701 — Factors in Deciding Whether Supplementation after the Close of Expert Testimony Is Fair (Wyoming Supreme Court) (Good Quote)

Matter of the Paternity of HLG, 2016 Wyo. LEXIS 38 (Wyo. Sup. Ct. Mar. 11, 2016): [*P1]  JN (Mother) appeals from the district court's order granting RFSG (Father) custody of their son, HLG (the child). She claims the district court…
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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

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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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