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

Complex Lit Blog

RICO Claim Inextricably Intertwined with Alleged State Court Errors / Lack of Jurisdiction Barred by Rooker-Feldman — Obstruction Predicate Limited to Federal Proceedings — Vague Conspiracy Allegations Fail under Twiqbal

Bhardwaj v. Pathak, 2016 U.S. App. LEXIS 16283 (9th Cir. Sept. 2, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sanjay Bhardwaj appeals pro se from the district court's dismissal of his Racketeer Influenced and Corrupt Organizations Act ( ...
Bhardwaj v. Pathak, 2016 U.S. App. LEXIS 16283 (9th Cir. Sept. 2, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sanjay Bhardwaj appeals pro se from the…
Continue Reading

Sanction Imposed for Violation of District Court’s Local Rules (Suspension of Right to Practice), Unlike Inherent Power Sanction, Does Not Require Finding of Bad Faith

In re Goode, 2016 U.S. App. LEXIS 6918 (5th Cir. Apr. 18, 2016): This appeal involves a challenge to Western District of Louisiana Local Criminal Rule 53.5 ("L. Crim. R. 53.5"), which operates as a prior restraint against attorney speech during the pendency of a criminal trial. William L. Goode, a criminal defense at ...
In re Goode, 2016 U.S. App. LEXIS 6918 (5th Cir. Apr. 18, 2016): This appeal involves a challenge to Western District of Louisiana Local Criminal Rule 53.5 ("L. Crim. R. 53.5"), which operates as a prior restraint against attorney speech …
Continue Reading

Sanctions — Rule 11 Inapplicable on Appeal — Fed.R.App.P. 38 Applies Only to Appellants

United States v. Medansky, 2015 U.S. App. LEXIS 15845 (9th Cir. Sept. 4, 2015): David and Martine Mednansky appeal pro se from the district court's grant of summary judgment to the United States in an ejectment and trespass suit brought by the government. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
United States v. Medansky, 2015 U.S. App. LEXIS 15845 (9th Cir. Sept. 4, 2015): David and Martine Mednansky appeal pro se from the district court's grant of summary judgment to the United States in an ejectment and trespass suit brought…
Continue Reading

Judicial Notice of Internet Evidence — On Summary Judgment, Court May Take Notice, for Background Purposes, of Facts about Parties from Their Websites

Powers v. Stanley Black & Decker, Inc., 2015 U.S. Dist. LEXIS 130068 (S.D.N.Y. Sept. 28, 2015): This case involves claims that false representations and warranties made in connection with a corporate acquisition justified the buying company in refusing to release to the seller certain funds held in escrow. On A ...
Powers v. Stanley Black & Decker, Inc., 2015 U.S. Dist. LEXIS 130068 (S.D.N.Y. Sept. 28, 2015): This case involves claims that false representations and warranties made in connection with a corporate acquisition justified the buying company in refusing to release …
Continue Reading

Experts — When Testimony Contains Reliable & Unreliable Opinions That Are Easily Distinguished, Only Latter Should Be Excluded — “While the District Court’s Discretion Is Considerable, It Is Not Unfettered” (Good Quote)

In re Pfizer Inc. Securities Litig., 819 F.3d 642 (2d Cir. 2016): Plaintiffs-Appellants Teachers' Retirement System of Louisiana and Christine Fleckles, acting on behalf of themselves and other similarly situated investors (collectively, "Plaintiffs"), brought suit in the United States District Court for the Southern Dis ...
In re Pfizer Inc. Securities Litig., 819 F.3d 642 (2d Cir. 2016): Plaintiffs-Appellants Teachers' Retirement System of Louisiana and Christine Fleckles, acting on behalf of themselves and other similarly situated investors (collectively, "Plaintiffs"), brought suit in the United States District…
Continue Reading

RICO PSLRA Bar — N.D. Ill. Rejects Several Circuit (and other N.D. Ill.) Decisions Holding That Bar Applies If Conduct Is Actionable as Securities Fraud by Anyone — Holds It Must Be Actionable by Plaintiff

Menzies v. Seyfarth Shaw LLP, 2016 U.S. Dist. LEXIS 92765 (N.D. Ill. July 15, 2016) (Blakey, D.J.): Plaintiff is a rich man who, ostensibly through hard work and good fortune, put himself in a position to sell over sixty million dollars in stock in a company he helped create. No crime in that, closing on such a sale exemplifies part o ...
Menzies v. Seyfarth Shaw LLP, 2016 U.S. Dist. LEXIS 92765 (N.D. Ill. July 15, 2016) (Blakey, D.J.): Plaintiff is a rich man who, ostensibly through hard work and good fortune, put himself in a position to sell over sixty million…
Continue Reading

Rule 37(c)(1) Sanctions Inapt Where Info Undisclosed Per 26(a)(1) Is Revealed in Discovery & No Sandbagging — Settlement Agreement (Release) Binding on Drafter Who Performs (Pays) Even Though Only Counterparty Ever Signs

Baker Hughes Inc. v. S&S Chem., LLC, 2016 U.S. App. LEXIS 16257 (6th Cir. Sept. 2, 2016): Bruce Stevens worked for Baker Petrolite Corporation and its predecessor for approximately seven years. When his employment ended, Stevens signed a contract in which he promised to maintain the confidentiality of Baker Petrolite's trade secre ...
Baker Hughes Inc. v. S&S Chem., LLC, 2016 U.S. App. LEXIS 16257 (6th Cir. Sept. 2, 2016): Bruce Stevens worked for Baker Petrolite Corporation and its predecessor for approximately seven years. When his employment ended, Stevens signed a contract in…
Continue Reading

Good Quotes: In Pleading, As in Many Aspects of Life, Quality Matters More Than Quantity — Plaintiffs’ Unwieldy, Everything-But-the-Kitchen-Sink Approach — Rule 9(b) Does Not Permit Us to Assemble…Disjointed Facts into a Collage

Lawrie v Ginn Dev. Co., LLC, 2016 U.S. App. LEXIS 13706 (11th Cir. July 28, 2016): In pleading, as in many aspects of life, quality matters more than quantity. Plaintiffs in this lawsuit have tried to plead a cause of action for real estate fraud four times, with their most recent complaint [*3]  launching a ...
Lawrie v Ginn Dev. Co., LLC, 2016 U.S. App. LEXIS 13706 (11th Cir. July 28, 2016): In pleading, as in many aspects of life, quality matters more than quantity. Plaintiffs in this lawsuit have tried to plead a cause …
Continue Reading

Appeals — TRO Appealable Only If It Decides Merits of the Case or Is Equivalent to Dismissal — Absolute Judicial Immunity on Injunctive Claim, Regardless of Error, Malice or Excess of Jurisdiction, Unless Jurisdiction Clearly Absent

Ellakkany v. Common Pleas Court of Montgomery Cnty., 2016 U.S. App. LEXIS 13652 (3d Cir. July 27, 2016) : Appellant Mourad Ellakkany appeals from the district court's order denying his motion for a temporary restraining order and preliminary injunction. Because we conclude that this appeal presents no substantial question, we will ...
Ellakkany v. Common Pleas Court of Montgomery Cnty., 2016 U.S. App. LEXIS 13652 (3d Cir. July 27, 2016) : Appellant Mourad Ellakkany appeals from the district court's order denying his motion for a temporary restraining order and preliminary injunction. Because…
Continue Reading

Inherent Power/Contempt Sanctions: Premature Notice of Appeal Cured by Entry of Judgment — Bad Faith Finding “Especially Critical” When Fees Shifted

Hernandez v. City of Vancouver, 2016 U.S. App. LEXIS 14625 (9th Cir. Aug. 9, 2016): MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Boothe, an attorney, was f ...
Hernandez v. City of Vancouver, 2016 U.S. App. LEXIS 14625 (9th Cir. Aug. 9, 2016): MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Boothe, an attorney, was …
Continue Reading
Previous157158159160161162163Next

Recent Posts

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

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