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

Photos of Texts Extracted Using Cellebright UFED = Admissions, Authenticated by Location on Sender & Recipient Phones, Accurate Identification of “Mom” on One, Contents (Remember Rule 902(14) in Federal Court)

State v. Panzeca, 2020-Ohio-326 (Ohio Ct. App. Feb. 3, 2020) : [*P1]  Appellant, Amy Lea Panzeca, appeals her conviction in the Warren County Court of Common Pleas after the trial court found her guilty of two counts of permitting drug…
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Sanctions: Relative Culpability Irrelevant — Default (1) Apt for Obstruction, (2) & 7th Amendment Jury Trial Right, (3) Factors — Sanctions Veil Piercing Must Meet Normal Requirements — If No Judgment Entered (& Needed), Appeal within 180 Days

KCI USA, Inc. v. Healthcare Essentials, Inc., 2020 U.S. App. LEXIS 3129 (6th Cir. Jan 28, 2020) (upublished) (Note:  see our Jan. 22, 2020, post for the opinion vacating certain sanctions on defense counsel): Colin Tennebar flouted court orders to …
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Sanctions: §1927 for Filing Premature Notice of Appeal to Delay District Court Proceedings — No 37(c)(1) Preclusion Despite Failure to ID Witnesses in Initial Disclosures: Harmless Error Where All ID’ed in Trial Brief

Hannah v. Walmart Stores, Inc., 2020 WL 521848 (2d Cir. Feb. 3, 2020) (unpublished): *1 ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders and judgment of said District Court be and they hereby are AFFIRMED…
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No Contempt for Violating Settlement Agmt. (SA), But If SA Allows Court to Order Compliance, Contempt for Violating Order OK — Civil v. Crim Contempt (Factors): Line Can Blur in Complex Injn Cases — Fines as Compensatory

Parsons v. Ryan, 2020 U.S. App. LEXIS 2837 (9th Cir. Jan. 29, 2020): The consolidated appeals in this comeback case arise from a class-action by prisoners in the custody of the Arizona Department of Corrections (ADC) against senior ADC officials…
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Criminal Antitrust (Sherman): Federal Funds = Interstate Commerce — Bid-Rigging Implies Price Fixing — Reasonableness Irrelevant to Per Se Violation — Summary Chart Probative, Not 403 with Cautionary Instruction

United States v. Vega-Martinez, 2020 WL 502538 (1st Cir. Jan. 31, 2020): *1 The two appellants in this case are school-bus operators who contracted with the Caguas, Puerto Rico municipal school system to drive school children to and from school …
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Sanctions: Dismissal As Shotgun Pleading (Defined), Dismissal Factors (11th Circuit) — Must Give 1 Amendment — Dismissal for Disregarding Order ≠ Abuse of Discretion, Especially If Warned — Pro Se Must Comply with Rules (Liberal Construction)

Sarhan v. Miami Dade College, 2020 WL 428926 (11th Cir. Jan. 28, 2020) (unpublished): PER CURIAM: *1 Robert Sarhan, an adjunct professor at Miami-Dade College, filed several complaints in the underlying case against the College’s Board of Trustees, alleging violations…
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Can’t Use Contempt to Decide First Impression Iss. — Contempt Factors — “Trifecta” Arg.: Wrong on Facts, Law, Policy (Good Quotes) — Bank Services ≠ Active Concert — Cross-Boarder Discovery: Factors — General Jurisdiction & Banks

Nike, Inc. v. Wu, 2020 U.S. Dist. LEXIS 9102 (S.D.N.Y. Jan. 17, 2020): ORDER DENYING NONPARTY BANKS MOTION FOR REIMBURSEMENT, DENYING ASSIGNEE'S MOTION TO HOLD BANKS IN CONTEMPT AND FOR A TURNOVER ORDER, AND DENYING WITHOUT PREJUDICE NONPARTY BANKS CONDITIONAL …
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Civil Disqualification vs. Criminal Ineffectiveness: Even If Cases Substantially Related & Disqualifying Confidential Information Learned in Substantially Related Past Case, Defendant Must Show It Created an Actual Conflict That Affected Representation

Harvey v. United States, 2020 U.S. App. LEXIS 1617 (6th Cir. Jan. 16, 2020) (unpublished): On the day his trial was scheduled to begin, Defendant Lamont Harvey pleaded guilty to one count of distribution of controlled substances in violation of …
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Party Can’t Name Judge as Witness, Cite to His or Her Rulings in Party’s Prior Cases to Force Recusal — Rulings Almost Never Support §455 Recusal — Parties Can’t Create Basis to Recuse by Their Own Acts (Good Quotes)

Partain v. City of S. Padre Island, 2019 U.S. App. LEXIS 36309 (5th Cir. Dec. 6, 2019) (unpublished): PER CURIAM:* Johnny Ray Partain sued Dennis Stahl, Anna Stahl, Victor Carranza, and the City of South Padre Island, bringing 42 …
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Appeals: Exercising Jurisdiction over Orders Not Specified in Notice of Appeal (Factors) — Notice Construed Liberally — Error to Dismiss As Sanction in Third Circuit without Considering Poulis Factors

Hammond v. Lancaster City Bur. of Police, 2020 WL 91265 (3d Cir. Jan. 2, 2020) (unpublished): PER CURIAM *1 Khalil Hammond appeals from a number of orders of the United States District Court for the Eastern District of Pennsylvania. We…
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Recent Articles

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

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

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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