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

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 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?

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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