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

RICO Pattern: Plaintiff Can’t Fragment One Act into Many (Via Mail Fraud) to Invoke RICO — After 3 Bites at Apple, OK to Deny Leave to Amend (Good Quotes) — Appeal from Reconsideration W/ONew Facts Reviewed as Appeal from Judgment

. Biwen Liang v. Home Reno Concepts, 2020 U.S. App. LEXIS 4805 (2d Cir. Feb. 14, 2020) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED.…
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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 LEXIS 38777 (2d Cir. Dec. 30, 2019) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.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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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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