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

Experts — Legal Malpractice Expert Who Describes Only How S/he Does Same Task for Same Client Fails to Establish What Defendant Should Have Done — Opinion Properly Excluded under 37(c)(1) as Overly Broad, Subjective, Non-Compliant with 26(a)

EQT Prod. Co. v. Phillips, 767 Fed. Appx. 626 (6th Cir. Mar. 29, 2019): This legal malpractice case arises from title opinions that attorney Dale Phillips ("Phillips") provided to EQT Production Company ("EQT") regarding EQT's rights and ownership in certain …
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Sanctions Issue Certified to 2d Cir. — May a Bankruptcy Court Order “Punitive Sanctions” under Its Inherent Power, § 105(a) or for Violation of Rule 3002.1(i)? — [May Any Court Issue Punitive Sanctions after Goodyear v. Haeger?]

In re Gravel, 2019 Bankr. LEXIS 2576 (Bankr. D. Vt. Aug. 12, 2019): MEMORANDUM OF DECISION Certifying Decision for Direct Appeal Under 28 U.S.C. § 158(d)(2) The chapter 13 trustee has filed a motion, pursuant to 28 U.S.C. § 158(d)(2)(A)…
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Rule 11—No Sanctions for “Aggressive Lit. Strategy with Colorable (If Strained) Basis,” “Understandable” “Mix-Up” — “It Is One Thing to Lose … Another to Urge Something [Sufficiently] Ill-Founded” (Good Quotes)

MAO-MSO Recovery II, LLC v. State Farm Mut. Auto. Ins. Co., 2019 U.S. App. LEXIS 24355 (7th Cir. Aug. 15, 2019): When all the dust is cleared away, this case is relatively straightforward: we must review a dismissal for lack…
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Inherent Power Sanctions for Violation of Court Order — Orders Must Be Complied with Until Undone — Contempt Option If Party Has No Recourse to Permit Prompt Appeal Because Violation Cannot Be Undone

MacNaughton v. Harmelech, 2019 WL 3451275 (7th Cir. July 31, 2019): *1 The complex background of these consolidated appeals burrows through over a decade of litigation. Russian Media Group sued Ishaihu Harmelech and his company (“Harmelech Defendants”) in 2006. Attorney …
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Arbitration — Choice of Law, Like Arb., Clause, Invokable Only by Party with Standing to Enforce Contract — Collection Agent Can’t Enforce Arb Clause between Bank & Customer as 3d Party Beneficiary, Agent or Via Equitable Estoppel

Orn v. Alltran Fin., L.P., 2019 U.S. App. LEXIS 20744 (3d Cir. July 12, 2019) (unpublished): Alltran Financial, a debt collector, appeals the District Court's denial of its motion to compel arbitration of Diane Orn's suit under the Fair Debt …
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Facebook Live Video Authenticated Like Any Video — By Witness to Recorded Events or Operator or Maintainer of Equipment Testifying That Video Accurately Represents The Subject Matter Depicted And Has Not Been Tampered With

People v Y.L., 2019 N.Y. Misc. LEXIS 3209 (Sup. Ct. Monroe Cnty. May 17, 2019): This decision supplements the oral decision of the Court rendered on March 21, 2019, in accordance with the Criminal Law of the State of New…
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Rule 16(f), 37 Sanctions — Default Judgment — Factors (6th Cir.) — May a Party Appeal a Default Judgment without First Moving to Vacate It under Rule 60(b)? (Circuit Split) — Due Process & Default Judgments—What “Due Process” Meant in 1354

Prime Rate Premium Finance Corporation, Inc. v. Larson, 2019 WL 3024726 (6th Cir. July 11, 2019): *1 After four years of perpetual delays, Prime Rate Premium Finance Corporation obtained a sixth trial date to vindicate its claims that Karen Larson …
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Inherent Power (IHP) / R. 37 Discovery Sanctions for False Dep., Hiding Facts: Precluding Claims, Equitable Relief & Defenses, Fees — Factors for IHP/R. 37 Sanctions — and for Reassigning Case to Different Judge on Remand

Beach Mart, Inc. v. L&L Wings, Inc., 2019 U.S. App. LEXIS 23134, 2019 WL 3493900 (4th Cir. Aug. 1, 2019) (unpublished): The heart of the parties' dispute in this case is the ownership status of a trademark, "WINGS," which…
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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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