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

Rule 11: “Later Advocating” Imposes Continuing Duty to Correct or Withdraw — Appeals: FRAP 38 & 1927 Sanctions for Advancing Factual / Legal Arguments Only in Reply Brief & Seeking Stay on Appeal without First Seeking It from District Court

Galin v. Hamada, 2018 U.S. App. LEXIS 28091 (2d Cir. Oct. 4, 2018): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-appellant Reed Galin and his counsel,…
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FRAP 38, 1927 & Inherent Power Sanctions — Revealing Confidential Discussions with Opposing Counsel, Mediator from Court-Ordered Mediation, Violating Local Circuit Rule, Is Sanctionable—Vaguely-Referenced Docs Integral to Complaint OK on 12(b)(6)

Cortes v. 21st Century Fox Am., 2018 U.S. App. LEXIS 27759, 2018 WL 4694181 (2d Cir. Oct. 1, 2018) (unpublished): *1 UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on January 11,…
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Inherent Power Sanctions: Threatening Witnesses on Facebook If They Cooperate with Adversary Amounts to Witness Tampering, Is Properly Sanctioned by Award of Attorney’s Fees for Time Spent on Sanctions Issue

Emerson v. Dart, 2018 WL 3853761 (7th Cir. Aug. 14, 2018): *1 Paula Emerson is a correctional officer on leave from the Cook County Department of Corrections. She alleges that two County employees unlawfully discriminated against her during her tenure…
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RICO Extraterritoriality — Where Is Intangible Injury Felt? — Circuit Split — 3d Circuit Adopts Multifactor Approach, Rejects 7th Circuit’s Bright-Line Rule It Is Felt at Plaintiff’s Residence — Difficulty of Cyberspace Injury Issue Noted

Humphrey v. Glaxosmithkline Plc, 2018 U.S. App. LEXIS 27443 (3d Cir. Sept. 26, 2018): Section 1964(c) of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968, creates a private right of action for a…
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Deposition of Expert > 100 Miles from Courthouse Taken by Retaining Party Not Hearsay When Offered by Retaining Party — Fed. R. Civ. P. 32(a)(4)(B) Is Independent Hearsay Exception — Unavailability Irrelevant

Fletcher v. Tomlinson, 895 F.3d 1010 (8th Cir. 2018): St. Louis Police Department (SLPD) Officers Nicholas Martorano and John Moton appeal from the district court's1 judgment, entered upon a jury verdict, finding that  [*1013]  they used excessive force …
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RICO: Filed-Rate Doctrine Applies to Rates Set by State Agencies — Two Rationales of Doctrine: Non-Justiciability & Non-Discrimination — Irrelevant If Plaintiff Is Rate-Payer — Suit Can’t Attack Reasonableness of Rate Or Component of Rate

Patel v. Specialized Loan Serv., LLC, 2018 WL 4559091 (11th Cir. Sept. 24, 2018): *1 When an individual takes out a mortgage, he or she secures the loan with real property. To protect its security interest, lenders usually require borrowers …
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Inherent Power Sanctions for Extrajudicial Misconduct — Using State Court to Delay Federal Litigation + Filing Groundless Police Report against Defense Counsel — Also Fabricating Evidence + Making False Statements to Federal Court

Deutsch v. Phil’s Icehouse, Inc., 2018 WL 1513584 (5th Cir. Mar. 7, 2018) (affirming the decision posted on 12/14/16 on this blog detailing the misconduct): PER CURIAM:**1 Plaintiff-Appellant Jon Deutsch and his attorney, Omar Rosales, appeal from a sanctions…
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Inability to Pay Irrelevant under RICO §1964(c) & R. 37(b) — Due Process: Lawyers Had Notice Though Motion Only Mentioned Firm — Goodyear Requires But-For, Not Prox. Cause, Incl. Fees on Fees—Reconsideration (Good Quote)—Interest on SXS

KCI USA, Inc. v. Healthcare Essentials, Inc., 2018 U.S. Dist. LEXIS 160034 (N.D. Ohio Sept. 19, 2018): Pending before the Court are KCI's motion for attorney fees and costs (ECF No. 367) and individual Cavitch Attorneys Komlavi Atsou, Michael…
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Where Court-Ordered Arbitration Is Terminated Pursuant to Arb. Body’s Rules for Non-Payment of Arb. Fees by Party That Lacks Funds to Pay Them, Arb. Has “Been Had” Per FAA §3 and Stay Should Be Lifted So Case May Proceed in Court — No Sanctions

Tillman v. Tillman, 825 F.3d 1069 (1st Cir. 2016): When two parties have entered into a valid arbitration agreement, the Federal Arbitration Act requires federal courts to stay lawsuits between them until the arbitration is resolved and then to …
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Assertion of Attorney-Client Privilege at Depositions of Lawyer and Client Bars Subsequent Attempt to Assert Advice of Counsel Defense Absent Making Deponents Available, or Deposing Them, in Timely Fashion — Sword/Shield Quote

Energy Heating, LLC v. Heat On-The-Fly, LLC, 889 F.3d 1291 (Fed. Cir. 2018): Appellants Heat On-The-Fly, LLC and Super Heaters North Dakota, LLC (together, "HOTF")1 appeal the district court's judgment of inequitable conduct, summary judgment of obviousness, denial…
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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

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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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