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

Website Authentication Depends on Purpose of Offer — Less Needed If Not for Attribution to Person — Legal Interpretation of Federal Rules of Evidence Reviewed De Novo — Did Motion in Limine Preserve Issue? (3 Factors)

United States v. Isabella, 2019 U.S. App. LEXIS 7213 (10th Cir. Mar. 12, 2019): Rande Isabella was convicted under 18 U.S.C. § 2422(b) of persuading and attempting to persuade S.F., a 14-year-old girl, to "engage . . . in…
Continue Reading

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…
Continue Reading

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, …
Continue Reading

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 …
Continue Reading

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).…
Continue Reading

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…
Continue Reading

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.…
Continue Reading
Previous72737475767778Next

Recent Articles

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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