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

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 LEXIS 3818, 2019 WL 493681 (4th Cir. Feb. 7, 2019) (unpublished): Wally Boone, a Virginia inmate, appeals the denial of his motion for sanctions on the basis of spoliation against former Virginia correctional officer …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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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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Recent Articles

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

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

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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