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

While Factors Are Same for Severe Sanctions under R. 37(b) & Inherent Power, They Don’t Apply to Fraud on the Court (FOC) — Circuit Split on Burden of Proving FOC — Fraud Must Succeed to Be FOC, Otherwise Just Sanctionable Lies

Cone v. Tessler, 2019 U.S. Dist. LEXIS 39381 (E.D. Mich. Feb. 15, 2019): REPORT AND RECOMMENDATION PLAINTIFF'S MOTION FOR SANCTIONS (Dkt. 98) I. PROCEDURAL HISTORY Plaintiff, Margaret Cone, filed this motion for sanctions against defendants and non-party, the University…
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Attorney-Client: Firm May = Counsel to Trust Beneficiaries by Taking Fees They Paid in Response to Trustee Telling Them Firm Reps. Them, & by Indicating It Reps. Them — Can Dismiss Based on Affirmative Defense Only If Complaint Admits All Elements

Bistline v. Parker, 2019 U.S. App. LEXIS 7503, 2019 WL 1187010 (10th Cir. Mar. 14, 2019): Plaintiffs are all former members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints ("FLDS"), which illegally practices polygamy. On July 13, …
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Sanctions: Court Is “Particularly Vigilant in Requiring Proportionality Where Draconian Sanction of Dismissal Imposed” (Good Quote) — Due Process: Hearing Must Be Real, Not Sham — Liberal Pro Se Construction

Orozco v. Butler, 2019 U.S. App. LEXIS 7721 (7th Cir. Mar. 15, 2019): Rogelio Orozco, an Illinois inmate, appeals the dismissal of his lawsuit against prison staff at Menard Correctional Center and Pontiac Correctional Center for violating his due-process …
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Substitution of Party on Appeal (FRAP 43(b)) OK Only If S/he Can’t Continue to Litigate, Not Just Doesn’t Want to Passing Reference to Issue in Opening Brief Doesn’t Preserve It for Review — “Bare Allegations” Don’t Satisfy RICO Mail Fraud, 9(b)

Miller v. Burt, 2019 WL 1219977 (3d Cir. Mar. 14, 2019) (unpublished): OPINION* PER CURIAM Solomon Marcellus Miller appeals the District Court’s dismissal of his amended complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).…
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Facebook Photos: May Impeach with Exhibits Not in Evidence — Authentication, Admissibility Not Required — No Surprise from Use in Closing of Exhs. in Evid. — Discovery Violation Doesn’t = Exclusion—R. 403 Requires > Possibility of Prejudice

Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): PER CURIAM After an auto accident, a jury found defendant Carmen I. Nieves liable and awarded plaintiff Christian Angeles a $3,000,000…
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Inherent Power Sanctions — Civil Contempt Imediately Appealable If No Continuing Lit. — Oral Injunction Enforceable (Circuit Split) — Court Can’t Credit Time Served, But May Decrease (Not Incr.) Fed. Sentence & Order Concurrent/Consec. Sentences

In re United States Bureau of Prisons, 2019 U.S. App. LEXIS 7560 (5th Cir. Mar. 14, 2019): The U.S. Bureau of Prisons (BOP) appeals a contempt sanction related to its calculation of sentencing credits for federal prisoners. We reverse.…
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Class Actions — Must Plaintiffs Show an “Administratively Feasible” Method for Determining Class Membership? — Circuit Split — Impermissibility of “Fail-Safe” and “Self-Identifying” Classes

Usry v. Equityexperts, 2019 U.S. Dist. LEXIS 39651 (S.D. Ga. Mar. 12, 2019): Before the Court are the following motions: (1) Plaintiffs' unopposed motion to amend the complaint (Doc. 82) pursuant to Federal Rule of Civil Procedure 15,…
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Rule 11 Order without Final Fees Award Appealable If Parties Stipulate as to Amount — First Amendment No Defense to Sanctions for Suing (1) without Standing (2) Immune Defendants — Substantial Frivolous Claims Not Outweighed by Sound Claims

Collins v. Daniels, 2019 WL 908645 (10th Cir. Feb. 25, 2019): *1 This is a § 1983 case that challenges the constitutionality of New Mexico’s system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of New Mexico (“BBANM”), and …
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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.

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