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 — Declined as to Blogs, Wikipedia and ZoomInfo Postings Allegedly Posted by Defendant, Offered to Establish Minimum Contacts & Personal Jurisdiction

Calvert v. Wolf, 2016 Cal. App. Unpub. LEXIS 733 (Cal. App. Jan. 29, 2016): Appellants John and Tammy Calvert appeal from an order granting respondent Randall Wolf's motion to quash service of summons for lack of personal jurisdiction.1 The Calverts…
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Rule 37 Sanctions — Party Who Did Not Attend Court-Ordered Deposition Barred from Submitting Testimony — No Error in Imposing Sanctions Even Though “the Court Did Not Make It as Easy as Possible for Him to Be Deposed” (Good Quote)

United States v. Cornejo-Reynoso, 2015 U.S. App. LEXIS 19127 (9th Cir. Nov. 2, 2015): Leonardo Cornejo-Reynoso appeals the district court's judgment in favor of the Government in this civil forfeiture action regarding $2,164,431.00 in United States currency. We affirm. The …
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No RICO Causation between Misstatements Concealing Lack of Licensure to Sell Crop Insurance and Subsequent Claims Mishandling (after 7 Years of Competent Claims Handling) — 5th Circuit’s Single-Transaction Rule Noted But Not Applied

Shannon v. Ham, 2016 U.S. App. LEXIS 2404 (5th Cir. Feb. 11, 2016): In this appeal, the Shannons challenge the district court's dismissal of their civil RICO complaint for failing to state [*2]  a claim. The district court ruled that…
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Federal Court May Not Impose Sanctions for Misconduct Occurring in Prior State Court Action That Was Dismissed with Prejudice before Federal Action Was Filed

Rivera-Carrasquillo v. Centro Ecuestre Madrigal, Inc., 2016 U.S. App. LEXIS 1180 (1st Cir. Jan. 25, 2016): Spending time astride an animal as magnificent, spirited, and powerful as a horse can be risky business. Unfortunately, Ángela Rivera-Carrasquillo experienced this first-hand when…
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Once Plaintiff Moves to Dismiss under Rule 41(a)(1)(A)(i), Case Is Effectively Over and Court May Not Attach Conditions — Rule Allows Forum-Shopping — Sanctions Should Not Be a Consequence of Dismissal Nor a Condition Placed on It

Bechuck v. Home Depot USA, 2016 U.S. App. LEXIS 2633 (5th Cir. Feb. 16, 2016): Stephan Bechuck appeals an order dismissing, without prejudice, Home Depot U.S.A., Inc. ("Home Depot"), and Advantage Sales & Marketing, L.L.C. ("ASM") and requiring that any…
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§ 1927 Sanctions for Failure for Weeks to Respond to Messages Imploring Out of Court Resolution of Baseless Application Followed by Last-Minute Withdrawal Too Late to Avoid Hearing — Law Firm Vicariously Liable (Circuit Split)

MJS Las Croabas Props., Inc. v. FDIC, 2016 Bankr. LEXIS 498 (B.A.P. 1st Cir. Feb. 17, 2016): Castellanos Group Law Firm, L.L.C. (the "Castellanos Firm") appeals from the following bankruptcy court orders: (1) the March 13, 2015 order imposing sanctions…
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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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