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

No RICO Continuity Where Predicates Are Part of Single, Otherwise Lawful Transaction — Outside Lawyers Don’t Operate / Manage Client — No Liability for Routine Legal Services — Contract Claim in RICO Garb (Good Quotes)

Zastrow v. Houston Auto Imports Greenway Ltd., 2015 U.S. App. LEXIS 9918 (5th Cir. June 12, 2015): Plaintiffs-Appellants Mark Zastrow and his company Heights Autohaus (collectively, "Zastrow") appeal from the district court's grant of summary judgment on their claims under…
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Judicial Notice of Internet Evidence — Website Information as to Origins of, and Private v. Public Ownership of, Corporation to Determine Status as State Actor under § 1983 — When Is a Corporation a State Actor? — Factors

Guo v. Independent Chinese Ctr., Inc., 2015 U.S. Dist. LEXIS 108294 (S.D.N.Y. Aug. 13, 2015): In this action, Plaintiff pro se, Zhi Guo, asserts civil rights claims under 42 U.S.C. § 1983 and a pendent state law claim against Independent …
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No Rule 11 Sanctions for Derogatory Language in Brief Not Unfounded Legally or Factually — No § 1927 Sanctions for Failure to Grant Extension to File Brief — Local Rules, Judicial Discretion Determine Due Date

Waite v VCG Clark Cnty. Collection Serv., LLC, 2015 U.S. App. LEXIS 4934 (9th Cir. Mar. 26, 2015): Waite also contends that the district court erred in denying her motion for sanctions pursuant to Federal Rule of Civil Procedure 11.…
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Text / Email Authentication — Conduct Pursuant to Text Exchange Sufficient to Authenticate Disputed Texts — Authentication Issue Is for Jury — Court Need Not Be Persuaded Texts Are Authentic — Texts as Admissions

Cook v. State, 2015 Tex. App. LEXIS 2649 (Tex. Ct. App. Mar. 20, 2015): Appellant's conviction for cocaine delivery arises out of Appellant's sale of drugs to a confidential informant. The confidential informant, Lindsey Ford, testified that she had used …
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Internet Authentication — Chat Logs — Chats on Alleged Speaker’s Password-Protected Computer; He Has Exclusive Possession; Chat Name = His First Name + Characters Extremely Similar to His Email Address

People v. Carothers, 2015 Cal. App. Unpub. LEXIS 5414 (Cal. Ct. App. July 31, 2015): A jury found defendant James Carothers guilty of possessing child pornography. (Pen. Code, § 311.11, subd. (a).) The trial court granted a five-year term of…
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Rule 11 — No Bad Faith, No Sanctions for Contradictory Complaints — OK to Decide “That Devoting Further Resources to Investigating the Alleged [Rule 11 Violation] Was Not Worth the Candle Since the Case Was Already Terminated” (Good Quote)

Hourani v. Mirtchev, 2015 U.S. App. LEXIS 13342 (D.C. Cir. July 31, 2015) (the RICO rulings of this decision are excerpted in a separate post): Rule 11 Sanctions Mirtchev and Krull Corporation cross-appeal the district court's denial of their motion…
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Judicial Notice of Internet Evidence — LEXIS Results, Governmental, Newspaper, Party Websites — Notice Doesn’t Convert 12(b)(6) to Summary Judgment — Improperly Raising New Arguments by Letter after Oral Argument without Permission

Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLC, 2015 U.S. Dist. LEXIS 115610 (S.D.N.Y. Aug. 31, 2015):  At issue in this interpleader action is whether Wells Fargo Bank, N.A. ("Wells Fargo"), the Trustee responsible for the assets held in…
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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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