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

Does the FSIA Apply, & Limit Jurisdiction, in Criminal Cases? (Circuit Split) — Under Animal Sciences, Decl. of Foreign Law from Counsel Rejected (R. 44.1) — Old Cases=“Era When Jurisdiction Had Too Many Meanings (Good Quote)

In re Grand Jury Subpoena, 2019 WL 125891 (D.C. Cir. Jan. 8, 2019): Per Curiam:*Opinion Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge Williams. *1 With the Foreign Sovereign Immunities Act …
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Prejudgment Interest — On Federal Claims, S.D.N.Y. Judges Split on Use of NY vs. Fed. Rate — Here, Fed. Rate Chosen, Even Though State Rate Necessarily Used for State Claims & Plaintiff Actually Earned 11% During Period

Montefiore Med. Ctr. v. Local 272 Welfare Fund, 2019 U.S. Dist. LEXIS 13385 (S.D.N.Y. Jan. 25, 2019) (R&R):  REPORT AND RECOMMENDATION SARAH NETBURN, [*2]  United States Magistrate Judge. TO THE HONORABLE RONNIE ABRAMS: In 2009, Plaintiff Montefiore …
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Rule 41(b) Dismissal Requires Non-Compliance with Court Order “Longer Than Just a Few Months” & “Characterized by Significant Periods of Inactivity” — Merely “Careless, Inconsiderate … Exasperating” Conduct Insufficient

Morgan v. Ams. Ins. Co., 2019 U.S. App. LEXIS 205 (5th Cir. Jan. 4, 2019): Appellant A-Plus Contractors, L.L.C. ("A-Plus") and its owner, Appellant Stacy Morgan ("Morgan"), appeal the district court's dismissal with prejudice of their lawsuit under Federal …
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Court Lacks Inherent Power (IHP) to Bar Retrial after 2 Hung Juries Where No Prej’l Gov’t Misconduct — Exercise of IHP Must Be Proportionate & Not Contrary to Rule or Stat.—Can’t Create Rule in Conflict with Fed. Rules

United States v. Wright, 2019 U.S. App. LEXIS 1541 (3d Cir. Jan. 17, 2019): The District Court barred a retrial of and dismissed the indictment against Defendant Raymont Wright with prejudice after two juries failed to reach a verdict. …
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Getting Dismissal with Prej. by Settling ≠ “Prevailing Party” — Citing Cases w/o Settlement = “Willful Obtuseness” & Objective Bad Faith under 1927 — Sua Sponte Despite 11(c)(5)(B) Limits on Post-Jmt. $ Sua Sponte (Dicta; Waived)

Bell v. Vacuforce, LLC, 2018 U.S. App. LEXIS 32196 (7th Cir. Nov. 14, 2018): Richard Bell brought a copyright infringement lawsuit against Vacuforce, LLC, accusing it of publishing his photograph of the Indianapolis skyline on its website without a …
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Witness’s Denial (& Usually Admission & Maybe Inability to Recall) S/he Sent Texts Opens Door under R. 613(b) to Evidence of Texts Showing Bias under R. 608(b) — Questions Eliciting Admissible Answers ≠ Hearsay

United States v. Fernandez, 2019 U.S. App. LEXIS 3463 (7th Cir. Feb. 4, 2019): A jury convicted Luis Fernandez of being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1). Fernandez appeals his conviction, contending that…
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Video Spoliation — Negligent Loss / Destruction Insufficient, Willfulness Required (4th Cir. Common Law) — Defendant’s Mistaken Belief Video Preserved Precludes Willfulness, Sanctions — Same Result under Rule 37(e) (Adopted During Case)

Boone v. Everett, 2019 U.S. App. LEXIS 3818, 2019 WL 493681 (4th Cir. Feb. 7, 2019) (unpublished): Wally Boone, a Virginia inmate, appeals the denial of his motion for sanctions on the basis of spoliation against former Virginia correctional officer …
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RICO: Married Couple May = Associated-in-Fact Enterprise — No Heightened Structure Requirement — “Marriage Certificate Doesn’t Transform Mail/Wire Fraud Into Ordinary Household Management” (Good Quotes)

Al-Rayes v. Willingham, 2019 U.S. App. LEXIS 3565 (11th Cir. Feb. 5, 2019): The creditors in this case claim that a husband and wife worked together to commit multiple acts of mail and wire fraud over several years for …
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Rule 408 Offer of Settlement: While a Dispute Is Required, “Actual … Difference of Opinion” Enough — Communication Needn’t “Expressly & Outwardly Dispute Amount or Validity of Claim” — Tone & Context May Show Dispute Exists

Savy Surfers v. Wings of Minot ND LLC, 2019 U.S. Dist. LEXIS 14548 (D. N.D. Jan. 30, 2019): Before the Court is a motion in limine regarding the admissibility of an email filed by the Plaintiff, Savy Surfers, Inc.…
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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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