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

Sanctions: Clearly Time-Barred Claim Violates Both R. 11 & §1927 — Appeals: Clock Starts When Claims & Sanctions Decided — Not Restarted by Motion for Fees on Fees — No FRAP 38 without Separate Motion

Faulkner v. Shelby Cty. Sch. Sys., 2020 U.S. App. LEXIS 8008 (6th Cir. Mar. 12, 2020) (unpublished): These appeals are less complicated than the caption implies. The Shelby County, Tennessee School System terminated its contract with Katoria Williams in December …
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Sanctions: Rule 11 Requires Substantiation, §1927 Bars Waste of Judicial Resources, Multiplication of Proceedings & Causing Unfair Delay, Inherent Power Bars Pursuing Claim to Harass — Persisting in Arg in Face of Contrary Reg & Case Law Violates All 3

Collar v. Abalux, Inc., 2020 U.S. App. LEXIS 9967, 2020 WL 1528072 (11th Cir. March 31, 2020) (unpublished): PER CURIAM: *1 K. David Kelly, an attorney, appeals a sanction against him and his law firm, J.H. Zidell, P.A., for…
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Procedural Due Process Requires Notice of Grounds For, And Potential Types Of, Sanctions — Abuse of Discretion to Impose Inherent Power Sanction Requiring Warning Paragraph On First Page Of Complaint Without Notice

Malem Med., Ltd. v. Theos Med. Sys., Inc., 2020 WL 1028062 (9th Cir. Mar. 3, 2020) (unpublished): MEMORANDUM** *1 Appellants Theos Medical Systems, Inc. and Saket Bhatia (collectively “Theos”) appeal the district court’s order requiring Theos to include a …
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Party’s Social Media Account = 801(d)(2) Admission If Authenticated — Evidence That Account Holder Used Name Based on Party’s & Sent Messages to Party’s Friend, Plus Photos of Party on Page, Suffice

State v. Durr, 2020 Ariz. App. Unpub. LEXIS 127 (Ariz. Ct. App. Feb. 6, 2020) (unpublished):P1 Devar Antonio Durr appeals from his convictions and sentences for armed robbery, kidnapping, aggravated assault, and first-degree burglary. Durr contends that the superior court…
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While Statute of Limitations May Be Raised on 12(b)(6), Complaint Needn’t Plead Around It — Burden on Def. — Rule 3.7 Disqualification (Advocate-Witness) Generally Triggered by Jury — Issue Is Trial Taint, Necessity of Testimony — Rule Violation

Hirsch v. Rehs Galleries, 2020 U.S. Dist. LEXIS 32926 (S.D.N.Y. Feb. 26, 2020): Plaintiff Steven Hirsch ("Plaintiff") brings this action against Defendant Rehs Galleries, Inc. ("Defendant"), asserting claims under the Copyright Act, 17 U.S.C. § 101, et seq., including…
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RICO: Almost Unanimous Case Law Holds Concealment of Assets in Divorce ≠ Pattern of Racketeering — Single Scheme with Single Victim over Limited Time Insufficient — RICO = Lit. Equivalent of Thermonuclear Device (Recycling Good Quote)

Bachi-Reffitt v. Reffitt, 2020 U.S. App. LEXIS 3813 (6th Cir. Feb. 4, 2020) (unpublished): Kevin Reffitt and Dawn Bachi-Reffitt had been married for almost 20 years, and actively engaged in divorce proceedings for over a year, when they finalized their …
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Inherent Power Sanctions Require Specific Finding of Bad Faith Or Willful, Deliberate Disobedience of Court Order — Finding of Recklessness or Bad Faith Essential — Ignoring Court Order after Retention Ends, Without More, Does Not Suffice

Edwards v. Alameda-Contra Costa Transit Dist., 2020 WL 1131260 (9th Cir. Mar. 9, 2020) (unpublished): MEMORANDUM* *1 Appellant Darion Edwards appeals the district court’s imposition of sanctions against his attorney, Mr. Na’il Benjamin, pursuant to its inherent authority and 28 …
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Recent Articles

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

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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