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: Dismissal Rev’d Absent Findings of (1) Pattern of Delay & (2) Lesser Sanctions Insufficient — Settlement Agreement: Court Retains Jurisdiction to Enforce If It’s Reached before Dismissal by Court — Reassigning Judge = Severe Reprimand

Szanto v. Bistritz, 2018 U.S. App. LEXIS 20782 (11th Cir. July 26, 2018) (unpublished): PER CURIAM: Plaintiff Peter Szanto, proceeding pro se, appeals the district court's sua sponte dismissal with prejudice of his complaint against Defendant Joseph Bistritz.…
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Inherent Power Sanction Requires Explicit Finding of Conduct Tantamount to Bad Faith — Court Has Ancillary Enforcement Jurisdiction to Issue Post-Judgment Injunctive Relief When Facing Real Risk Judgment Debtor May Secrete or Dissipate Funds

Smagin v. Yegiazaryan, 2018 WL 3627646 (9th Cir July 31, 2018) (amended opinion; unpublished) (amending the opinion excepted in our post of June 11, 2018): AMENDED MEMORANDUM* In an arbitration between Vitaly Smagin and Ashot Yegiazaryan, the London Court of…
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R. 11, §1927, Inherent Power Sanctions: Bad Faith = Knowingly or Recklessly Pursuing Frivolous Claim — Post-Sanctions Reversal of Case on Which Sanctions Based Shows Claim Wasn’t Frivolous, Even Though Precluded under Then-Existing Law

Silva v. Pro Transp., 2018 U.S. App. LEXIS 22258 (11th Cir. Aug. 10, 2018): PER CURIAM: Plaintiff Juan Antonio Silva appeals a district court order assessing sanctions against him and his attorneys. Silva sued his employer, Pro Transport, Inc.,…
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Rule 11: 10th Cir.’s 5-Factor Dismissal Test Applies to All Sanctions — Doubling Down behind Manipulated Email When Shown Original in Safe Harbor Warning = Bad Faith (Good Quotes)—Post-Goodyear, Can Mkt Fees Be Awarded State Atty? [37(e)]

King v. Fleming, 2018 WL 3863326 (10th Cir. Aug. 15, 2018): *1 Facing a motion to dismiss, the appellants attached a materially altered e-mail (described as an “unofficial version”) to an amended complaint. The appellees notified the appellants that the …
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RICO: Probate Estate, Like Bankruptcy Estate, May Constitute Enterprise — Beneficiary Has Standing to Sue for Pillaging — Multiple Other Important Holdings Summarized Up Front

Summary of holdings: Standing/Ripeness:  “[C]laims for "lost debt" injuries—that is, for damages in the form of an owed, but as-yet-uncollected, amount—are unripe when parallel proceedings to collect the amount owed are ongoing in another forum.”   Standing/Ripeness;  A RICO …
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Rule 16(f) Sanctions — $950 Against Counsel for Being 18 Minutes Late to Settlement Conference, Late Filing Mediation Memo ( Lacking Some Info) — Sanction Against Client Reversed: No Evidence It “Was Responsible for Or Even Knew About” Issues

Apelian v. Allstate Ins. Co., 2018 WL 3030692 (9th Cir. June 19, 2018): MEMORANDUM*   *1 Appellants Allstate Insurance Company and its trial counsel appeal a magistrate judge’s sanctions award of attorney’s fees of $12,500 plus an additional $500 against Allstate, …
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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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