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

Spousal Privileges — (1) Adverse Spousal Testimony Priv. Invokable Only by Witness; Preferred Procedure Delineated — (2) Marital Communications Priv.: Invokable by Either; 3 Prongs; Inapplicable to Commc’ns re Joint Illegal Activity

United States v. Jackson, 2019 U.S. App. LEXIS 9807, 2019 WL 1501539 (6th Cir. April 3, 2019): A jury found Darries Jackson guilty of two counts of possessing ammunition as a felon. Deciding that Jackson's prior convictions qualified as…
Continue Reading

Bench Trials — Post-Trial Motions: Rule 59(e) Inapt for Newly-Discovered Evidence — Should Use 59(a)(2) — New Evidence of Spoliation Insufficient If, Indulging Adverse Inference, Result Would Not Change

Jenkins v. Anton, 2019 U.S. App. LEXIS 12878 (11th Cir. April 29, 2019): Jennifer Jenkins worked as a paralegal for David Anton for about nine months. She had a flexible work schedule, and records of the hours she worked …
Continue Reading

Rule 11 — Least Severe Sanction to Be Imposed — District Court May Deny Sanctions on Ground That Substantive Dismissal Is Enough, Or Could Add Dismissal Is Also on Rule 11 Grounds

Mr. Mudbug, Inc. v. Bloomin' Brands, 2019 U.S. App. LEXIS 13432 (5th Cir. May 1, 2019) (unpublished): PER CURIAM:* Mr. Mudbug, Inc. ("MMI") appeals the dismissal of its breach-of-contract and detrimental-reliance claims on summary judgment. Bloomin' Brands, Inc.…
Continue Reading

Removal —§1447(c) Sanctions OK If No “Objectively Reasonable [vs. Frivolous] Basis,” Not If Position “Colorable” — §1446(b)(3) Limited to Developments in Case—Person Sued in Official Capacity Is Not Same As Individual

League of Women Voters of Pa. v. Pennsylvania, 2019 U.S. App. LEXIS 12124 (3d Cir. April 24, 2019): In 2017, the League of Women Voters and a group of Pennsylvania Democratic voters filed a state court lawsuit challenging Pennsylvania's…
Continue Reading

Sanctions: Because R. 11 Focuses on Deterrence, It Doesn’t Conflict with Compensatory State Statute Allowing Jury to Award Fees for Frivolous Positions — When May and Shall Used in Same Rule, Inference Is Usual Meanings (Good Quote)

Showan v. Pressdee, 2019 U.S. App. LEXIS 12754, 2019 WL 1891785 (11th Cir. April 29, 2019): *1 Plaintiff Galawezh Showan appeals from her $ 330,000 jury verdict against Defendants Patrick Pressdee and Krispy Kreme Doughnut Corporation (“Krispy Kreme”). For the…
Continue Reading

Federal Arbitration Act — Subject Matter Jurisdiction: “Look Through” Approach Applies to Motions to Confirm (§9) Just Like Motions to Compel (§4) and Motions to Vacate (§10) — Award Confirmed If “Barely Colorable” (Good Quote)

Landau v. Eisenberg, 2019 U.S. App. LEXIS 13137 (2d Cir. May 1, 2019): Per Curiam. In June 2005, two groups from the Bobov Hasidic Jewish community in Brooklyn, New York, agreed to arbitrate [*2]  certain disputes before a rabbinical…
Continue Reading
Previous61626364656667Next

Recent Articles

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

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

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.

New York Office

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice