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

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 Pipe Tolling Ends upon Denial of Certification — Neither Reconsideration Nor Appeal Extend It — Sanctions: Citing Outdated & Abrogated Cases ≠ Argument for Good Faith Change in Law — Meritorious Motion Isn’t Frivolous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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Social Media Photo Authenticated by Testimony It Is an Accurate Screenshot, Contents Depicted & Associated Comments on Same Facebook Page, and Lack of Evidence Suggesting Fabrication or Alteration

State v. Caslin, 2018-Ohio-5362, 2018 Ohio App. LEXIS 5679 (Ohio Ct. App. Dec. 31, 2018): [*P1]  Defendant-appellant, Chavez D. Caslin, appeals from a judgment of the Franklin County Court of Common Pleas entered on July 27, 2017, sentencing Caslin …
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Generally No Rule 37(d) Dismissal If Lesser Sanctions Suffice, But Court May Has Discretion to Dismiss for Flagrant Disregard & Willful Disobedience of Discovery Orders — 41(b) Dismissal for Violating Order Generally OK If Litigant Forewarned

Soto v. Miami Dade Cty., 2019 WL 286153 (11th Cir. Jan. 22, 2019) (unpublished): PER CURIAM: *1 Appellant, Maricelia Soto (“Soto”), appeals the district court’s order dismissing her civil rights complaint against Miami-Dade County and two Miami-Dade County police officers…
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Voicemail Authentication: Under Rule 901(b)(5), Witness with Knowledge May Opine as to Identity of Voice — And That Exhibit (a Copy the Recording) Accurately Reflects the Message S/he Received [Implicitly Best Evidence, Too]

Commonwealth v. Bair, 2015 Pa. Super. Unpub. LEXIS 497, 120 A.3d 1054, 2015 WL 4263615 (Pa. Super. Ct. Mar. 13, 2015): Paul Thomas Bair, III, appeals pro se from the order entered May 21, 2014, denying his PCRA petition,…
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Judicial Notice May Be Taken of Undisputed Information on Government Websites, Including Court Proceedings — Doing So Does Not Convert 12(b)(6) Dismissal Motion into Summary Judgment Motion

Vice v. Coffee, 2019 U.S. Dist. LEXIS 1008, 2019 WL 97025 (E.D. Ky. Jan. 3, 2019): Defendants James Botts, Rodney Coffee, Barry Thacker, and Kenneth Scarberry have filed motions to dismiss the complaint filed by plaintiff Phillip Gene Vice.…
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Pro Se Pleadings from Lawyers Not Liberally Construed — No Rule 38 Sanctions Absent Separate Motion — “Just Damages” Include Fees, Which Need Not Be Itemized — Court May Award Fixed Amount as Penalty [Goodyear v. Haeger?]

Lipin v. Wisehart, 2019 U.S. App. LEXIS 1534  (10th Cir. Jan. 7, 2019) (unpublished): ORDER AND JUDGMENT* These consolidated appeals arise from a dispute over the ownership of real property in Delta County, Colorado (Property). Appellant Joan C. …
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RICO Proximate Cause/Injury Satisfied by Cost of Defending Sham Filing, Lost Sales Due to False Claims — Harm to Bus. Reputation? (State Law vs. Intangible) — >1 Can Be Directly Injured — Need Factual Allegations of Injury — RJR Issue Noted

Harmoni Int’l Spice, Inc. v. Hume, 2019 WL 286923 (9th Cir. Jan. 23, 2019): The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 …
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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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