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

Social Media Photographs — Authentication Depends on Proffer — If Offered for Identification, Only Fair & Accurate Portrayal Test — To Link Person to Photo for Other Purposes, Link Person to Page

Commonwealth v. Ford, 2019 Pa. Super. Unpub. LEXIS 3598 (Pa. Super. Ct. Sept. 23, 2019) (non-precedential): Raheem B. Ford appeals from the July 18, 2018 judgment of sentence entered by the Court of Common Pleas of Philadelphia County following his …
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Appealability of Attorney Criticism Absent Sanctions — Good Discussion of Spectrum — Actual Finding of Prof’l Misconduct Appealable — Warning Given in Denying Sanctions Not, Nor Is Referral to Disciplinary Comm. without Finding of Misconduct

Montalto v. Miss. Dept. of Corrections, 2019 WL 4296699 (5th Cir. Sept. 11, 2019): *1 Mississippi inmate Stephen Montalto filed a § 2254 petition for habeas relief seeking reinstatement of his earned-release supervision (ERS) and trusty time. Montalto alleged that…
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Inherent Power: Court Should Fashion Sanction That Is “Direct Response to the Harm” — Defiance of Court Order = Bad Faith — Court Need Not Use “Magic Words ‘Bad Faith’” (Good Quotes) — $7,000 Sanction for Ignoring Order to Pay $700 OK

Ibezim v. George Grp., Inc., 2019 WL 4668135 (11th Cir. Sept. 25, 2019) (unpublished): *1 This is a fight over fees. The appellant Michael Ibezim sued The GEO Group, Inc., his former employer, for employment discrimination. He lost. But before…
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Rule 11 Sanctions for Factually Misleading Complaint That Failed to Attach or Fully Explain Terms of Contract on Which It Relied — Compensatory Attorney’s Fees Appropriate Regardless of Receipient’s Indemnification by Third Party

Superior Consulting Servs., Inc.v. Steeves-Kiss, 2019 WL 4318903 (9th Cir. Sept. 12, 2019): MEMORANDUM* Superior Consulting Services (“Superior”) appeals the district court’s dismissal with prejudice of its First Amended Complaint for common law unfair competition and conversion, as well as…
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Rule 11 Sanctions: Error to Award Attorney’s Fees Sua Sponte Or to Issue Any Sanction on Withdrawn Claim — Can’t Seek Leave to Amend after Judgment Entered without Also Moving to Set Aside Judgment

Wolfington v. Reconstructive Ortho. Assocs. II PC, 2019 US App Lexis 24770 (3d Cir. Aug. 20, 2019): This is an appeal from the District Court's entry of judgment on the pleadings against appellant-plaintiff Andrew Wolfington on his claim under the …
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RICO Statute of Limitations Not Tolled by Defendants’ Refusal to Concede (& Allegedly Lying about) Misconduct — No Equitable Tolling If Plaintiff in Fact Aware of Misconduct

Bernegger v. Dep't of Revenue, 2019 U.S. App. LEXIS 26395 (5th Cir. Aug. 30, 2019) (unpublished): PER CURIAM:* Peter Bernegger challenges the dismissal of his claims against two Mississippi Department of Revenue employees in their individual capacities. Because…
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Specific Personal Jurisdiction Is Claim-Specific — First-to-File Rule (Factors) and Anticipatory Declaratory Judgment Exception — DJ Actions (Factors As to Appropriateness)

J.M. Smucker Co. v. Promotion in Motion, Inc., 2019 U.S. Dist. LEXIS 193896 (N.D. Ohio Nov. 7, 2019): Currently pending is Defendant Promotion in Motion's Motion to Dismiss Amended Complaint. (Doc. No. 14.) Plaintiff J.M. Smucker Company filed a Brief…
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R. 11 Sanctions for Disqualification Motion—DQ Apt Only If Lesser Remedies Unavailable — Factors for Advocate Witness DQ — Type, # of Violations Guide Sanction — Papers “More About Vitriol … Than Fact Or Legal Principle” (Good Quotes)

Finley Grp., Liquidating Agent For RedF Mktg., LLC v. Roselli (In re RedF Mktg., LLC), 2019 Bankr. LEXIS 3311 (W.D.N.C. Bankr. Oct. 21, 2019): ORDER DENYING MOTION TO DISQUALIFY AND GRANTING MOTION FOR SANCTIONS This matter is before the Court…
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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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