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/Daubert: “The Expert Feeling Comfortable, without More, Is Not a Sound Methodology under Daubert” (Good Quote) — “High Threshold” to Exclude Expert for Conflict or Bias — Complete Lack of Bias Not Required

Aigner El Ansari v. Graham, 2019 U.S. Dist. LEXIS 129997 (S.D.N.Y. Aug. 2, 2019): Defendants New York and Presbyterian Hospital ("Hospital") and Bridget Graham move to preclude testimony by Plaintiff Aigner El Ansari's expert, Dr. Yaakov Siegel. Dr. Siegel's report…
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Rule 11 Safe Harbor — It Is the Burden of the Party against Whom Sanctions Are Sought to Prove Non-Compliance with Safe Harbor, Not the Burden of Movant to Prove Compliance

Darnell v. Arthur, 2019 WL 3451649 (6th Cir. July 31, 2019) (unpublished): Plaintiff appeals the district court’s grant of summary judgment in defendants’ favor on her tortious-interference-with-business-relations and civil-conspiracy claims. Defendants cross appeal the district court’s refusal to impose Rule…
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Sanctions — Gov’t Counsel’s Secretly Reading Inmates’ Communications with Counsel, Even after Bar Ethics Counsel Advised Stopping and Alerting Court, Violates Inherent Power and §1927 — “When in Doubt, Ask the Court” (Good Quote)

Gomez v. Vernon, 255 F.3d 1118 (9th Cir. 2001) (Note: The 1992 adn 1994ABA opinions cited in this decision have since been replaced by Model Rule 4.4(b), which is reprinted after the citations and quotations of the 1992 and…
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Sanctions: Expert Exclusion — Scheduling Order Violation — When Only One Report Timely Submitted: “A Party Who … Put[s] All … Eggs in One Basket [Cannot] Complain When The Basket Proves Inadequate” (Good Quote)

González-Rivera v. Centro Médico Del Turabo, Inc., 2019 U.S. App. LEXIS 21449 (1st Cir. July 19, 2019): Scheduling orders are essential tools for modern-day case management, and litigants flout such orders at their peril. This case, in which plaintiff-appellant Aglaed…
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FRAP 38 Sanctions Appropriate for Appeal “Brought without the Slightest Chance of Success” and Which “Thus Should Not Have Been Brought at All” (Good Quote)

Beter v. Murdoch, 2019 WL 2537524 (2d Cir. June 20, 2019) (unpublished):     SUMMARY ORDER   Plaintiff-Appellant Petra Beter, formerly a photographer for Michael Bloomberg’s first mayoral campaign, appeals from the judgment of the district court dismissing her lawsuit asserting various causes …
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§ 1782: Where Foreign Case Over, Fact Discovery May Permit Reopening Likely Not “For Use” — Foreign View Applicant’s Claims Totally Lack Merit Relevant to “Receptivity” — Can Magistrate Judge Decide 1782s? (See Dissent)

Khrapunov v. Prosyankin, 2019 U.S. App. LEXIS 22062 (9th Cir. July 24, 2019): 28 U.S.C. § 1782 authorizes, but does not require, federal district courts to assist in the production of evidence for use in a foreign or international tribunal.…
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While Magistrate Judges May Not Impose Rule 11 Sanctions in the Second Circuit [& Can Only Issue R&Rs], They May Impose Monetary [& Other Non-Dispositive] Rule 37 Sanctions

Errant Gene Therapeutics, LLC v. Sloan-Kettering Inst. for Cancer Research, 2019 U.S. App. LEXIS 15860 (2d Cir. May 29, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district 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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