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

Facebook Messages from Quadriplegic Authenticated by Testimony He Can Operate Cell Phone, Text & Use Facebook, Participant in Conversation Recognized His Facebook Account & Messages Matched His Manner of Communicating

United States v. Barnes, 2015 U.S. App. LEXIS 17222 (5th Cir. Sept. 30, 2015): Martel Torres Barnes ("Barnes"), Roger Randale Jones ("Jones"), and Kentorre D. Hall ("Hall") (collectively, the "Appellants") were charged in a superseding indictment with: (1) conspiracy to…
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Are Attorney’s Fees and Not Just Costs Awardable under Fed. R. Civ. P. 41(d) for a Prior Action That Was Voluntarily Dismissed and Based on Or Including the Same Claim Against the Same Defendant? — Circuit Split

Raniolo v. Southport, LLC, 2015 U.S. Dist. LEXIS 116047 (E.D. Mo. Sept. 1, 2015): This matter comes before the Court on Plaintiffs' Petition and Request for Attorneys' Fees and Costs [ECF No. 24] and Defendants' Memo of Costs [ECF No.…
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RICO — Cover-Up Conspiracy Insufficiently Related to Original Conspiracy to Be Part of Same Pattern, Cannot Establish Open-Ended Continuity — Attorney Fees in Bringing RICO Claim ≠ RICO Injury — Factually Pleading Conspiracy (8(a), Not 9(b))

The Knit With v. Knitting Fever, Inc., 2015 U.S. App. LEXIS 15575 (3d Cir. Sept. 2, 2015): The Knit With ("TKW") appeals several orders the district court entered in TKW's suit alleging various claims under state and federal law. For…
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Rule 11 Sanctions — Purpose: Deter Baseless Filings and Streamline Administration of Courts — Court Must Describe Conduct Determined to Constitute Violation and Explain Basis for Sanction Imposed

Mollis v. Corso, 2015 R.I. Super. LEXIS 42 (R.I. Super. Ct. Jan. 22, 2015) (see also our post of Dec. 21, 2014, regarding an earlier decision in this proceeding): This matter comes before the Court to set the appropriate amount…
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Internet Evidence — Terrorist Website Authenticated by Fact Governments Rely on It, Language and Facts in Postings, Exclusive Interviews, Non-Public Details re Leaders, and Official Seals — No Chain of Custody Needed for Accurate Video

Linde v. Arab Bank, 2015 WL 1565479 (E.D.N.Y. April 8, 2015): VII. Evidentiary Rulings A. Authentication Generally Federal Rule of Evidence 901 “does not erect a particularly high hurdle” for authenticating evidence. United States v. Dhinsa, 243 F.3d 635, 658 …
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Sanctions — No Appellate Jurisdiction Where Appealed Order Didn’t Include Amount and Subsequent Order Not Appealed From — Substantial Degree of Frivolousness Required for FRAP 38 Sanctions on Pro Se Litigant

McCavey v. Gold, 2015 U.S. App. LEXIS 15761 (11th Cir. Sept. 4, 2015): William M. McCavey, proceeding pro se, appeals the district court's dismissal of his complaint filed against nine defendants involved in varying degrees with his state divorce action,…
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Judicial Notice of Internet Evidence Taken on 12(b)(6) Motion to Dismiss without Converting It into a Summary Judgment Motion — Newspaper Website — Article Stating Date Official (a Defendant) Appointed to Office

Jones v. Chapman, 2015 U.S. Dist. LEXIS 96964 (D. Md. July 24, 2015): This case arises from allegations of police brutality in connection with the untimely death of Tyrone A. West, Sr. ("Mr. West" or the "Decedent") on July 18,…
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Rule 11 Safe Harbor Triggered by Motion, Not Brief, Declarations — Motion Must Give Sufficient Notice of Conduct at Issue — Discovery re Sanctions only in Extraordinary Circumstances; No Trial Required (Good Quotes)

Burbidge Mitchell & Gross v. Peters, 2015 U.S. App. LEXIS 14405 (10th Cir. Aug. 17, 2015): This diversity case involves the tort of wrongful use of civil proceedings. The case was filed by the Utah law firm of Burbidge, Mitchell …
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Recent Articles

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

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

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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