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

Inherent Power Sanctions OK for Prelitigation Misconduct Relating to Bringing, Maintaining, or Defending the Suit, and Which Undermines Integrity of Judicial Process — Dismissal Factors (5th Cir.) — Hearing on Reconsideration Satisfies Due Process

Snider v. L-3 Commc’ns Vertex Aerospace, LLC, 2019 WL 7344908 (5th Cir. Dec. 31, 2019): *1 This suit was initiated when Courtney Paine Snider filed a complaint under Title VII of the Equal Rights Act of 1964 (Title VII)1…
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RICO: 2 Years Necessary, Not Sufficient for Closed-End Continuity (2d Cir.); Factors — Mail, Wire Fraud “Particularly Scrutinized” (Good Quote) — 2 Types of Open-Ended: Inherently Unlawful Or Non-Conclusory Regular Way of Doing Business

Grace Int'l Assembly of God v. Festa, 2019 U.S. App. LEXIS 38777 (2d Cir. Dec. 30, 2019) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Appellant Grace…
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Inherent Power Sanctions: Court Lacks Authority to Ignore Statute to Punish Executive Branch Conduct, Cannot Use Sanction to Grant or Explain Grant of Order Precluded by Statute

Hamama v. Adducci, 2020 WL 39020 (6th Cir. Jan. 3, 2020): *1 Last time around, we held that Congress removed jurisdiction from the district courts to enter class-wide injunctions restraining the enforcement of the following immigration statutes: 8 U.S.C. §§ …
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Rooker-Feldman Applies to State-Court Loser Injured by State-Court Judgment: That Is A Narrow Situation, So Narrow The S.Ct. Has Applied It Just Twice in A Century … So Far Just to People Named Rooker or Feldman (Good Quote)

*1 A lawyer sued two lawyers, and each side hired more lawyers. Five years later, after “Stalingrad litigation” tactics, discovery sanctions, and dueling allegations of professional misconduct, we are left with $3,662 in damages and roughly $180,000 in attorney’s fees. …
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YouTube Videos: Authenticity of Account, Ownership Irrelevant — Questions re Date Posted, Etc., Go Only to Weight — Fair & Accurate Portrayal Test — Comprehensive Collection of YouTube Authenticity Case Law

State v. Javon Jolarry Spivey, 2020 Tenn. Crim. App. LEXIS 74 (Tenn. Ct. App. Feb. 7, 2020): A Davidson County Criminal Court Jury convicted the Appellant, Javon Jolarry Spivey, of first degree premeditated murder, felony murder, attempted first degree murder,…
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Arbitration Award Not Reviewable for Legal or Factual Errors, Only FAA §10(a) Grounds — Vacatur for Exceeding Powers Requires Decision on Unsubmitted Issue Or Irrational Award — Meaning of Manifest Disregard, If It Survives

PNY Techs. v. Netac Tech. Co., 2020 U.S. App. LEXIS 4003 (10th Cir. Feb. 10, 2020): *** "On appeal from a district court's ruling on a motion to confirm or vacate an arbitration [*4]  award, we review its legal conclusions…
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Judicial Notice of Internet Evidence: 12(b)(6) Motion: While Doctrine of Completeness Applies to Docs Fraud Claims Are ”Based On”, It Doesn’t Apply If Doc. Merely Cited in Complaint — No Notice of Def. Corp’s Own Website

Sturgeon v. Pharmerica Corp., 2020 U.S. Dist. LEXIS 21935, 2020 WL 586978 (E.D. Pa. Feb. 5, 2020) (note: a different portion of this Opinion is excerpted in our Feb. 10, 2020 post): Relators Lena Sturgeon, Anthony Ferrante, Anthony Sciole,…
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Judicial Notice of Internet Evidence: Info on Government Website Is Self-Authenticating, Subject to Judicial Notice — On 12(b)(6) Motion, Notice Taken Only for Existence, Not Truth, to Avoid Barring Proof on Central Issue

Sturgeon v. Pharmerica Corp., 2020 U.S. Dist. LEXIS 21935, 2020 WL 586978 (E.D. Pa. Feb. 5, 2020): *** B. Administrative Reports Courts may also take judicial notice of “records and reports of administrative bodies.”69 PharMerica requests judicial notice…
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Removal Does Not Waive Personal Jurisdiction (PJ) Defense — Nor Does Pre-Complaint Discovery If Def. Can’t Raise PJ Then — While Court Must Consider Transfer under §1631 If No PJD & Alternate Forum ID’ed, Not So If Plaintiff Can Refile There

Danziger & De Llano, LLP v. Morgan Verkamp LLC, 2020 U.S. App. LEXIS 1382 (3d Cir. Jan. 15, 2020): Removal to federal court changes the field of play, but not the game being played. Two law firms, Danziger and Morgan …
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Recent Articles

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

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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