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

Sanctions: Expert Witness Lacks Standing to Appeal the Striking of His or Her Testimony — Expert Reports: Fed. R. Civ. P. 26(a)(2)(B) Doesn’t Require Disclosure of Communications Irrelevant to Expert’s Opinion

A.H. Lundberg Assocs. v. Tsi, Inc., 2019 U.S. App. LEXIS 3562, 2019 WL 449695 (9th Cir. Feb. 5, 2019): MEMORANDUM* Expert witness Dr. Richard J. Martin ("Martin") and Martin Thermal Engineering, Inc. appeal the district court's imposition of …
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No Inherent Power (IHP) to Bar Retrial after 2 Hung Juries Where No Gov’t Misconduct Prejudicing Def. — Exercise of IHP Must Be Reasonable Response to Problem & Can’t Be Contrary to Rule, Stat—Can’t Use IHP to 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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§ 1782 “For Use” Satisfied by (1) Foreign Arbitration (Case Law Split), (2) Criminal Investigation (If Applicant Can Inject the Data) & (3) Liquidation Proceeding That Does More Than Enforce Prior Judgments

In re In re the Children's Inv. Fund Found. UK, 2019 U.S. Dist. LEXIS 14862 (S.D.N.Y. Jan. 30, 2019): On March 21, 2018, Applicants The Children's Investment Fund Foundation (UK) ("Children's Fund"), Sir Christopher Hohn, and Axon Partners, LP…
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Sanctions Denial for Failure to Provide Safe Harbor— Good Quotes: “This Fight Has Gone on Long Enough” — “Enough Is Enough” — “The Facts Sound More Like a Soap Opera Than a Federal Court Case”

Rocket Real Estate, LLC. v. Maestres, 2019 WL 384408 (11th Cir. Jan. 30, 2019) (unpublished): *1 This fight has gone on long enough. In the current battle of this longstanding legal feud, Appellant Lourdes Maestres appeals from the district…
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Voicemail Authenticity Unaffected by Fact Exhibit Is Re-Recording — Best Evidence Satisfied by Unavailability of Original under Rule 1004 [& 1002] & Authenticity by Phone Owner’s Identification of Voice & Party’s Admission

People v. Lemoine, 2018 Mich. App. LEXIS 1778 (Mich. Ct. App., Apr. 24, 2018): Per Curiam. Defendant appeals as of right his jury conviction of second-degree criminal sexual conduct (CSC-II), MCL 750.520c(1)(a), for which the trial court sentenced…
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Class Actions: Am. Pipe Tolling Ends upon Denial of Certification — Neither Reconsideration Nor Appeal Extend It — Sanctions: Citing Outdated & Abrogated Cases ≠ Argument for Good Faith Change in Law — Meritorious Motion Isn’t Frivolous

McCabe v. Lifetime Entm't Servs., 2019 U.S. App. LEXIS 3133, 2019 WL 409440 (2d Cir. Jan. 31, 2019) (Summary Order): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and…
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RICO Conspiracy: Individual Relationship Spokes United by a Unifying Purpose ≠ Hub & Spoke Conspiracy — Where Cover-Up Is Essential Element of Criminal Scheme, It Counts for Continuity Purposes–Constitutional–Appeals: Must Specify Cross-Adoption

United States v. Fattah, 2019 U.S. App. LEXIS 1405 (3d Cir. Jan. 16, 2019): Table of Contents Go to table1 [End of Document] I. Introduction Chaka Fattah, Sr., a powerful and prominent fixture in Philadelphia politics, financially overextended himself…
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RICO: Fraud of 3rd Parties for Purpose of Harming Plaintiffs = Proximate Cause — Rejecting Argument Statute of Limitations Doesn’t Commence Until Def. “Delivers Gift-Wrapped Admission” of Liability (Good Quote)

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharms. (In re Celexa and Lexapro Mktg. & Sales Pracs. Litig.), 915 F.3d 1 (1st Cir. 2019): These consolidated appeals arise out of two so-called "off-label" prescription-drug-marketing cases…
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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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