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

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 of Police, 2020 WL 91265 (3d Cir. Jan. 2, 2020) (unpublished): PER CURIAM *1 Khalil Hammond appeals from a number of orders of the United States District Court for the Eastern District of Pennsylvania.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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Supreme Court: Bankruptcy Court’s Grant or Denial of Request for Relief from Automatic Stay = Final Order, Must Be Appealed within 14 Days — Appealability Likened to Dismissal on Personal Jurisdiction, Improper Venue & Forum Non Conveniens Grounds

Ritzen Grp., Inc. v. Jackson Masonry, LLC, 2020 U.S. LEXIS 526, 2020 WL 20102 (S.Ct. Jan. 14, 2020): Under the Bankruptcy Code, filing a petition for bankruptcy automatically “operates as a stay” of creditors’ debt-collection efforts outside the umbrella…
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Theory Abandoned at Summary Judgment Cannot Be Revisited on Appeal — Sanctions: If Rule 37(c)(1) Exclusion Is Tantamount to Dismissal, Court Must Find Willfulness, Fault Or Bad Faith (9th Cir.)

Silvia v. MCI Communs. Servs., 2019 U.S. App. LEXIS 36426 (9th Cir. Dec. 9, 2019) (unpublished): MEMORANDUM* Debbie Silvia appeals from the district court's summary judgment in favor of MCI Communications Services, Inc., Verizon Business Network Services, Inc., and…
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Social Media Photo Subject to Traditional Authentication [901] — Once Photo Admissible to Show Gang Membership, Caption Corroborating That Not Offered for Truth But for Fact Statement Was Made, Thus Not Hearsay

People v. Thomas, 2019 Cal. App. Unpub. LEXIS 8244 (Cal. Ct. App. Dec. 11, 2019) (unpublished): Defendant Byran Antoine Thomas attended a birthday party on March 21, 2014. He shot and killed one of the other partygoers, who was a…
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Disqualification — Where Lawyer in Firm A Is Adverse to Firm B, Solicits & Obtains Offer from Firm B Which Is Immediately Withdrawn Because Conflict Exposed, Lawyer Was Never “Associated” With Firm B, Firm B Not Disqualified

Hinker v. County of Cape May, 2020 U.S. Dist. LEXIS 6517 (D.N.J. Jan. 13, 2020): This matter having come before the Court upon the Motion [Docket Number 15] by Plaintiffs, Jonathan and Jacqueline Hinker, for an Order disqualifying the law …
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Sanctions: Due Process (DP): Notice Against Firm ≠ Notice Against Lawyers — 1st Mention in Reply Brief Denies Ability to Respond — DP Reviewed De Novo — Can Firm Be Sanctioned under 26(g)(3) or 37(b)(2)(C)?

KCI USA, Inc. v. Healthcare Essentials, Inc., 2020 U.S. App. LEXIS 1616 (6th Cir. Jan. 16, 2020) (unpublished): One thing is certain: discovery abuses by the defendants infected this case—seemingly beyond repair, leading to a default judgment against the defendants …
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RICO: Possibility That Third-Party Payor Was Derivatively Harmed by Statements Pharma Co. Made to Doctors or Patients Doesn’t Support RICO Liability — MDL Court’s Dismissal Order in Unconsolidated Case Is Immediately Appearlable

Med. Mut. of Ohio v. AbbVie Inc., 2019 WL 5887194 (7th Cir. Nov. 12, 2019) (unpublished): *1 Medical Mutual of Ohio contends in this suit under the civil-liability section of the Racketeer Influenced and Corrupt Organizations Act (RICO…
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When Bankruptcy Courts May Decline to Enforce Arbitration Clauses: 2 Requirements — Under Rule of Orderliness, One Panel Can’t Overrule Another Absent Unequivocal Decision of Supreme Court or Circuit En Banc

In re Henry, 2019 U.S. App. LEXIS 37127 (5th Cir. Dec. 16, 2019): PER CURIAM: The opinion previously filed in this case is withdrawn and the following is substituted. Years after Stephanie Marie Henry took out a student loan, she …
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Disqualification of Former Government Lawyer — Under NY Rule of Prof’l Conduct 1.11(a)(2), “Matter” = Discrete Transaction Or Set of Them & “Substantial Participation” Is Substantive, Affecting the Merits

Ferncliff Cemetery Ass'n v. Town of Greenburgh, 2019 U.S. Dist. LEXIS 219042 (S.D.N.Y. Dec. 17, 2019): Before the Court are Defendant Town of Greenburgh's motions to disqualify Plaintiff's counsel Frederick W. Turner, (Doc. 30), and dismiss the Amended Complaint, (Doc.…
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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)

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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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