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

Post-Judgment Inherent Power Sanctions against Party Not Subject to Personal Jurisdiction (PJD) OK — Is Defaulting Sanctionable? — Interactive Website As Basis for PJD: Factors — Purposeful Direction Still Needed

Fidrych v. Marriott Int'l, 2020 U.S. App. LEXIS 6477 (4th Cir. Mar. 2, 2020): Bud Fidrych and his wife, both South Carolina residents, sued Marriott International in South Carolina district court after Fidrych was injured at the Boscolo Milano, a …
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If Plaintiff Voluntarily Dismisses Per FRCivP 41(a)(1)(A)(i) & Refiles in State Court, Fed. Ct. Can’t Award Costs of First Action Per 41(d), Even Tho It Could If 2nd Action Were Filed in Fed. Ct.—First Impression at Circuit Level—Dist. Cts. Split

Sargeant v. Hall, 2020 U.S. App. LEXIS 6438 (11th Cir. Mar. 2, 2020): Under Federal Rule of Civil Procedure 41(d), if a plaintiff who voluntarily dismissed an action files a second action against the same defendant based on or …
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RICO Claim Must Be Colorable to Confer Federal Question Jurisdiction — No Association in Fact Enterprise Stated by Allegations That Are Conclusory, Fail to Connect Conduct to Enter. Or to Allege Plausibly Continuing Unit

Lynn v. Brown, 2020 U.S. App. LEXIS 3802, 2020 WL 598999 (10th Cir. Feb. 7, 2020) (unpublished): Rosemary Ann Lynn, appearing pro se, appeals from the district court’s orders dismissing her complaint against Defendant Andrew George Brown, III (No. …
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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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RICO Causation: Lawyer Not Directly Harmed by Competitors’ Illegal Use of Recruiters to Solicit Work Comp Clients — Direct Injury Suffered by Clients and Insurance Companies

Ozeran v. Jacobs, 2020 WL 777646 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM** *1 Robert Ozeran appeals the district court’s decision dismissing with prejudice his claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and California’s Unfair Competition…
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Magistrate Judges: Motion to Appoint Receiver Is Dispositive within R. 72, Even Tho Unisted in §636(a)(1)(A), As It Requires Merits Determination — Unlike Sanctions Motion Where Non-Dispositive Penalty Imposed Or Stay of Litigation Pending Arbitration

Ml-Cfc 2007-6 P.R. Props. v. Bpp Retail Props., 2020 U.S. App. LEXIS 6217 (1st Cir. Feb. 28, 2020):  This appeal arises from a federal district court's designation of a magistrate judge to "hear and determine" — pursuant to 28 U.S.C. …
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Appropriate Remedy for Scant R. 26(a)(1)(A)(iii) Damages Disclosure Is Motion to Compel, Not R. 37 Motion for Sanctions — Absent Showing of Harm, No Abuse of Discretion to Deny Sanctions [Despite Non-Discloser’s Burden to Show Harmless Error]

Finato v. Fink, 2020 U.S. App. LEXIS 5140 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM* Joaquim Finato appeals the district court's decisions on a series of claims he brought against Keith A. Fink & Associates ("KFA") based on KFA's …
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Trial Time Limits May Be Imposed But Court’s Power “Not Unbounded” — Trial Efficiency Can Undermine Fairness (Good Quotes) — Importance of Objecting —Sanctions (R. 37): Attorney’s Fees Needn’t Be Calculated with “Exacting Specificity”

Raynor v. G4S Solutins (USA), Inc., 2020 WL 917060 (4th Cir. Feb. 26, 2020) (unpublished): *1 After 15 years of employment, G4S Secure Solutions, Inc. (“G4S”), fired E. Ray Raynor. He brings a host of federal and state law claims…
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For Rooker-Feldman (RF) to Bar Claim, Source of Injury Must Be State Court Judgment, Not Ministerial Act of Clerk Or Post-Judgment Conduct of Counsel — Concurrence: “Here’s to Urging [Supreme] Court to Give 1 Last Requiem to RF”

Vanderkodde v. Mary Jane M. Elliott, P.C., 2020 U.S. App. LEXIS 5838 (6th Cir. Feb. 26, 2020): In Exxon Mobil Corp. v. Saudi Basic Industries Corp., the Supreme Court made clear that the Rooker-Feldman doctrine—which prohibits the lower federal courts …
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Social Media Photo: Page Ownership Irrelevant If Photo Independently Authenticated — Presence of Depicted Persons in Court Allows Jury to Determine Identity, Evidence of Hair Color, Clothing, Happy New Year Filter Allows Determination of Date

Holmes v. State, 2020 Md. App. LEXIS 104 (Md. Ct. Spec. App. Feb. 3, 2020): Appellant Jamar Lee Holmes was convicted by a jury in the Circuit Court for Harford County of attempted first-degree murder, attempted second-degree murder, first-degree assault,…
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

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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