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 Linked to Defendant by Showing That Account Is Registered to His Email Address & Used Screen Name Associated with Him, and Messages Included Self-Identification and Use of His Nickname — Thus All = Admissions

United States v. Brinson, 772 F.3d 1314 (10th Cir. 2014): Mr. Tarran Brinson was charged with various offenses involving trafficking in child prostitution. At trial, the prosecutor presented expert testimony on the operation of child prostitution rings, testimony by three…
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Judicial Notice of Internet Evidence — Notice of Report of Citizens Commission Appointed by L.A. County Board of Commissioners As Downloaded from County Website, Bearing County Seal — Not Hearsay Per 803(8)

Shorter v. Baca, 2015 U.S. Dist. LEXIS 53019 (C.D. Cal. April 21, 2015): This case arises from the alleged mistreatment of Plaintiff Lecia Shorter, while incarcerated [*2]  for a 32-day period as a pretrial detainee. While in the County's custody,…
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Removal — Is It Sufficient If One Defendant’s Timely Removal Notice States That All Others Consent? — Circuit Split — Rule 11 As Reason to Permit Removal on This Basis — Failure to Object ≠ Consent

Griffioen v. Cedar Rapids & Ioaw City Rwy., 2015 U.S. App. LEXIS 7528 (8th Cir. May 7, 2015): I. The Griffioen Group brought a putative class action in Iowa state court against Union Pacific, Cedar Rapids and Iowa City Railway …
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Experts — Untimely Supplemental Report Harmless Where Expert Deposed on Subject Matter Before It Issued & Opponent Didn’t Request Another Dep — Judicial Notice of Internet Evidence — No Error in Refusing to Notice Google Maps Printout

Jackson v. Allstate Ins. Co., 2015 U.S. App. LEXIS 7529 (8th Cir. May 7, 2015): After a fire of incendiary origin destroyed her house, Patricia Jackson sued Allstate Insurance Company for denying her claim on a homeowner's insurance policy. Allstate…
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Are Pro Se Pleadings of Ex-Attorneys Construed Liberally? — Shotgun Complaint, in Which Each Count Incorporates All Prior Allegations without Clarity, Violates Rules 10(b) and 8 — RICO Fraud Subject to 9(b)

Joseph v. Bernstein, 2015 U.S. App. LEXIS 7777 (11th Cir. May 12, 2015): Joel D. Joseph, proceeding pro se, appeals the district court's order dismissing his complaint filed pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.…
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Wayback Machine Authentication — Dates Assigned to Archived Pages May Not Apply to Images Linked to Them — Links on Archived Pages May Direct to Live Web If Old Link Unavailable

United States ex rel. Oliver v. Philip Morris USA, Inc., 2015 U.S. Dist. LEXIS 56655 (D.D.C. April 30, 2015): The plaintiff/relator in this case, Anthony Oliver ("Oliver"), brings suit against Philip Morris USA Inc. ("Defendant") pursuant to the False Claims…
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Facebook Chats — Authentication — Defendant Admits Account Is His; Chats Appear on His Hard Drive and Bear the His Facebook Account Information — Email Authenticated As Defendant’s by Need for Password to Log into His Account

State v Burns, 2015 Tenn. Crim. App. LEXIS 325 (Tenn. Ct. App. May 5, 2015): Vermaine M . Burns ("the Defendant") was convicted of several sexual offenses, all stemming from illicit Facebook chats ("chats") and emails between himself and the…
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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

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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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