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

Waiver of Privilege/Work Product Reviewed for Abuse of Discretion — Per Curiam Opinion (PCO) with 3 Differing Opinions: Only PCO = Holding, Use The Marks Rule to Construe 3 Opinions — Law of the Case Doctrine & Mandate Rule (10th Cir.)

Harte v. Bd. of Comm'rs of the Cty. of Johnson, 940 F.3d 498 (10th Cir. 2019): Although we strive to ensure that the parties, the district courts, and the public understand our decisions, sometimes we falter. Plaintiffs previously appealed the…
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Copyrights: If Licensor Grants Licensee Unrestricted Right to Sublicense, Sublicense May Be Implied from Conduct Of Sublicensor & Sublicensee — Contracts: Covenants vs. Conditions & Effect of Violation on Use of License As Defense

Photographic Illustrators Corp. v. Orgill, Inc., 2020 U.S. App. LEXIS 8099 (1st Cir. Mar. 13, 2020): In this case of first impression in the circuit courts, we hold that a copyright licensee given the unrestricted right to grant sublicenses may …
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Hospital’s YouTube Videos Aspiring to Zero Errors Irrelevant to Med Mal Unless Relied on by Pl — Court May Deny Use of R. 32(a)(3) Video Dep If Wit Available, Even Tho Rule Says Dep Can Be Used for Any Purpose (Dicta?)—What’s Relevant? (Good Quote)

Berrios v. Mennonite Gen. Hosp., Inc., 2020 U.S. Dist. LEXIS 17329 (D.P.R. Jan. 30, 2020); BACKGROUND Pending before the Court are Plaintiff Angélica González-Berrios' Motion in Limine to Include and Exclude Evidence at Trial and Supplemental In Limine Request (Docket …
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Federal Court Has Personal Jurisdiction (JD) in Class Action If It Has General JD over Def. Or Specific JD Based on Named Plaintiff Alone — 23(f) Appeal OK from Any Order Functionally Equivalent to Motion Denying Certification

Mussat v. IQVIA, Inc., 2020 U.S. App. LEXIS 7560 (7th Cir. Mar. 11, 2020): Florence Mussat, an Illinois physician doing business through a professional services corporation, received two unsolicited faxes from IQVIA, a Delaware corporation with its headquarters in Pennsylvania. …
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Disqualification—Advocate-Witness Rule (3.7) Is Trial-Oriented, Doesn’t Bar Pretrial Participation — Motion Timely Only after Dismissal Motions, Discovery Determine Whether Trial Will Occur & High Hurdle of Necessity of Testimony at Trial Satisfied

Andrade v. City of Hammond, 2020 U.S. Dist. LEXIS 31042 (N.D. Ind. Feb. 24, 2020): This matter is before the Court on Plaintiff's Motion to Disqualify Certain Defense Counsel as Material Witnesses [DE 16] filed by Plaintiff Jose Andrade on…
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Sanctions — Good Quotes — FRAP 38 Not Invoked Lightly — No Sanctions for Choosing to Fight Uphill Battle — Losing ON Merits ≠ Utterly WITHOUT Merit — Unlikely to Succeed, Deferential Std. of Review Not Enough

Dolin v. GlaxoSmithKline LLC, 2020 U.S. App. LEXIS 7063 (7th Cir. Mar. 6, 2020): This appeal presents two questions: first, whether we should reopen our court's prior judgment in this case, see Dolin v. GlaxoSmithKline LLC, 901 F.3d 803 …
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RICO: §1965(b), Not ’65(d), Governs Personal Jurisdiction (Circuit Split) — What Are the Ends of Justice within ’65 (b)? (Circuit Split) — Not Merely Suffering Harm in Forum — [Is Hub & Spoke Enterprise Viable?]

Laurel Gardens, LLC v. McKenna, 2020 WL 202215 (3d Cir. Jan. 14, 2020): *1 Plaintiffs, Laurel Gardens, LLC (“LG”), American Winter Services, LLC (“AWS”), Laurel Garden Holdings, LLC (“LGH”), LGSM, GP (“LGSM”), and Charles P. Gaudioso, appeal from the order…
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Recent Articles

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

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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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