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

Whether Claimant’s Arbitration Concerns Same Dispute As Respondent’s Prior Arbitration with Others & Thus Must Be Heard by Same Panel Is for New Panel to Decide — Court Cannot Prejudge It by Compelling Arbitration before Old Panel

Pa. Nat'l Mut. Cas. Ins. Co. v. New Eng. Reinsurance Corp., 2019 U.S. App. LEXIS 36388 (3d Cir. Dec. 6, 2019) (unpublished): OPINION* *This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not…
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Rule 11 Sanctions — Filing Claim That Was Required To Be Asserted as Compulsory Counterclaim in Prior Action Is Frivolous, As Is Asserting As Grounds for Remand Argument Nearly Identical to One Earlier Rejected

Parnoff v. Fireman’s Fund Ins. Co., 2019 WL 6271531 (2d Cir. Nov. 25, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. In 2011, the home …
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RICO: Party Who Signed Security Agreement on Promise Bank Wd Destroy It after Using It to Defraud Regulators Not Causally Harmed by Fraud on Regulators — Res Judicata (State Court Judgment for Bank) Bars RICO Claim vs Bank

Devon Drive Lionville, LP v. Parke Bancorp, Inc., 2019 U.S. App. LEXIS 31412 (3d Cir. Oct. 22, 2019): Those who agree to deceive the government may find themselves deceived. The parties here were in real estate together. Their business relationship…
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Unsolicited Email to Lawyer Whose Website Doesn’t Encourage Submission of Confidential Info Doesn’t Create Prospective Client Relationship Warranting Disqualification — Efficacy of Screens — Good Quotes Anti-Disqualification

Mihuti v. Mid Am. Clinical Labs., LLC, 2019 U.S. Dist. LEXIS 207179 (S.D. Ind. Dec. 2, 2019): I. Introduction This matter is before the Court on Plaintiff Layla Christina Mihuti's motion to disqualify Defendant Mid America Clinical Laboratories, LLC (MACL)'s…
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Rule 11 Sanctions Not to Deter Cases of First Impression (Good Quote) — Position Not Frivolous Even If Only (Non-Controlling) Circuit Decision Is to Contrary — Loss on Summary Judgment ≠ Sanctionable

Rule 11 Sanctions Not to Deter Cases of First Impression (Good Quote) — Position Not Frivolous Even If Only Circuit to Decide Issue Came Out Other Way — Loss on Summary Judgment ≠ Sanctionable  Lewis v. Hiday & Ricke, P.A., …
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Disqualification: Ex-Govt. Lawyers & Rule 1.11 — Meaning of “Matter,” “Personal & Substantial Participation” (1.11(a)) — Rule 1.9(a) Ousted by Rule 1.11 — Govt. Filing Doc in Court Means It’s Not Confidential Govt. Info

Martley v. City of Basehor, 2019 U.S. Dist. LEXIS 206058 (D. Kan. Nov. 27, 2019): MEMORANDUM AND ORDER On October 9, 2019, the Court convened a motion hearing to address Defendant's Motion to Disqualify Patrick Reavey as Plaintiff's Counsel (ECF …
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Sanctions: Vexatious Litigant Injunction Should Be Sought in District Court in First Instance — Circuit-Wide Filing Injunction OK If Multiple Courts, Claims Have Been Raised

Clements v. 3M Elec. Monitoring, 2019 U.S. App. LEXIS 35220 (115h Cir. Nov.25, 2019) (unpublished): PER CURIAM: Louis Clements, proceeding pro se, sued 3M Electronic Monitoring ("3M")1 in federal court alleging that an ankle-monitoring bracelet 3M manufactured was …
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Recent Articles

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

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

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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