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 Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

  ORDER AND JUDGMENT* Samuel Lopez, proceeding pro se,1 appeals the district court's order dismissing his various claims against Compa Industries, Inc., several of Compa's officers and directors, and Stratify, LLC. Because we agree with the district court that Lope ...
  ORDER AND JUDGMENT* Samuel Lopez, proceeding pro se,1 appeals the district court’s order dismissing his various claims against Compa Industries, Inc., several of Compa’s officers and directors, and Stratify, LLC. Because we agree with the district court…
Continue Reading

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

Fenner v. GM, LLC, 113 F.4th 585 (6th Cir. 2024):
Fenner v. GM, LLC, 113 F.4th 585 (6th Cir. 2024): MOORE, J., delivered the opinion of the court in which BLOOMEKATZ, J., joined in full. KETHLEDGE, J. , delivered a separate opinion concurring in the judgment in…
Continue Reading

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Sladek v. Bank of Am., NA. A N.C. Corp., 2024 U.S. App. LEXIS 23673, 2024 WL 4224029 (10th Cir. Sept. ...
Sladek v. Bank of Am., NA. A N.C. Corp., 2024 U.S. App. LEXIS 23673, 2024 WL 4224029 (10th Cir. Sept. 18, 2024) (unpublished): ORDER AND JUDGMENT* *1 Pro se Plaintiff Dennis Sladek appeals from the dismissal of his…
Continue Reading

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)

PS Prods. Inc. v. Panther Trading Co. Inc., 122 F.4th 893 (Fed. Cir. Dec. 6, 2024): PS Product ...
PS Prods. Inc. v. Panther Trading Co. Inc., 122 F.4th 893 (Fed. Cir. Dec. 6, 2024): PS Products, Inc. and Mr. Billy Pennington (collectively, PSP) appeal an order of the United States District Court for the Eastern District of…
Continue Reading

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)

Clarke v. Pollan, 2024 U.S. App. LEXIS 32955 (6th Cir. Dec. 30, 2024) ORDER PER CURIAM. In rejecting Diana Clarke's appeal in this case, we noted how Clarke's counsel, Bruce H. Wilson, repeatedly failed to recognize the relevant legal ...
Clarke v. Pollan, 2024 U.S. App. LEXIS 32955 (6th Cir. Dec. 30, 2024) ORDER PER CURIAM. In rejecting Diana Clarke’s appeal in this case, we noted how Clarke’s counsel, Bruce H. Wilson, repeatedly failed to recognize the relevant legal standards…
Continue Reading

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

Rives v. Univ. of Tenn., 2024 WL 5103829 (6th Cir. Dec. 13, 2024): When Dyllan Rives’s dog Hickory fell ill, she took him to the University of Tennessee’s pet hospital. Over two months, Dyllan and her father James Rives spent more than $75,000 on Hickory’s treatment. Despite their efforts, Hickory did not survive his illness. Frustrated by the outcome and high cost of Hick ...
Rives v. Univ. of Tenn., 2024 WL 5103829 (6th Cir. Dec. 13, 2024): When Dyllan Rives’s dog Hickory fell ill, she took him to the University of Tennessee’s pet hospital. Over two months, Dyllan and her father James Rives spent…
Continue Reading

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

Humana, Inc. v. Indivior, Inc., 2022 WL 17718342 (3d Cir. Dec. 15, 2022) (unpublished): OPINION* *1 Humana, Inc., and Centene Corporation (Insurers) are health benefit program insurers that provide their members with insurance to cover prescription drug costs. They maintain approved ...
Humana, Inc. v. Indivior, Inc., 2022 WL 17718342 (3d Cir. Dec. 15, 2022) (unpublished): OPINION* *1 Humana, Inc., and Centene Corporation (Insurers) are health benefit program insurers that provide their members with insurance to cover prescription drug costs.…
Continue Reading

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

Eberhardt v. Walsh, 2024 U.S. App. LEXIS 30685 (7th Cir. Dec. 5, 2024): In this appeal, Attorn ...
Eberhardt v. Walsh, 2024 U.S. App. LEXIS 30685 (7th Cir. Dec. 5, 2024): In this appeal, Attorney Stephen Eberhardt challenges the district court’s decision to sanction him under Rule 11 of the Federal Rules of Civil Procedure and its denial…
Continue Reading

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

Glassie v. Doucette, 55 F.4th 58 (1st Cir. 2022): *62 This case arises out of a prolonged and acrimonious family dispute over the property of the late hotelier Donelson Glassie, whose estate remains in probate in Rhode Island eleven years after his death. The question here is whether plaintiff has managed to drag the federal courts into the fray. For the ...
Glassie v. Doucette, 55 F.4th 58 (1st Cir. 2022): *62 This case arises out of a prolonged and acrimonious family dispute over the property of the late hotelier Donelson Glassie, whose estate remains in probate in Rhode Island eleven years …
Continue Reading

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

Laydon v. Cooperative Rabobank U.A, 55 F.4th 86 (2d Cir. 2022): Plaintiff Jeffrey Laydon brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR. He claimed that he was injured after purchasing and trading a Euroyen TIBOR futures contract o ...
Laydon v. Cooperative Rabobank U.A, 55 F.4th 86 (2d Cir. 2022): Plaintiff Jeffrey Laydon brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR.…
Continue Reading
Previous1234567Next

Recent Posts

Patently Frivolous RICO Complaint Fails to Confer Federal Question Jurisdiction — Subject to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction

Inherent Power Sanctions — Dismissal — Abuse of Discretion Review Is “More Exacting” When Judge is “Accuser, Fact Finder and Sentencing Judge All in One” — Client Responsible for Her Lawyer’s Discovery Defalcations — No Need for Evidentiary Hearing When Sanctions Based Entirely on an Established Record — Lesser Sanctions Reasonably Determined to be Ineffective Given Record of Repeated Discovery Abuses

Inherent Power Sanction of Dismissal for Fraud on the Court — Fabrication of Evidence and Lying about It to the Court — 2-Part Test for Dismissal Sanction (Eleventh Circuit) — Whether Fraud on Court Was Committed for the Court, Not a Jury

New York Law Firm That Advised Florida Resident for Years Subject to Personal Jurisdiction in Florida, Thus Subject to 28 U.S.C. § 1782 in Florida — Court Cannot Amend Protective Order Following Dismissal of Case Unless the Order Retains Jurisdiction Post-Dismissal — Parties Can Enforce Stipulated Protective Order Post-Dismissal Through Breach of Contract Action

Rule 37(e)/Spoliation — “Intent to Deprive” Determined under the Preponderance of the Evidence Standard — Court May Make Determination Or Allow Jury to Do So — Lesser “Culpable Conduct” Standard of Residential Funding Continues to Apply in Second Circuit Outside ESI Context — Once Judge Has Definitively Ruled on the Record Denying A Requested Instruction, Counsel Is Not Required to Object to the Charge Again at Trial to Preserve Issue for Appeal

Rule 11 (9011) and Inherent Power Sanctions for “Unapologetic [Refusal to Apologize] Defiance” of Court’s Rules and Orders — Advising Client to Take Steps That Same Judge Had Told Lawyer Were Improper in Prior Case — Obstinate Recidivism — Silence upon Withdrawal of Motion As Rule 11 (9011) Violation (Noted But Not Addressed on Appeal)

Rule 37 Sanctions Properly Denied for Failure to Produce Documents That Were Already in the Requester’s Possession And Were Not Relevant to The Principal Issue in the Lawsuit — Experts/Daubert: Exclusion Appropriate Where Opinion Was Predicated on Erroneous Assumptions of Law

Supreme Court: Obtaining a Preliminary Injunction Does Not Render the Plaintiff a “Prevailing Party” Entitled to Attorney’s Fees — Must Win “Enduring Relief” On The Merits From A Judicial Order — Extraneous Events, Like Legislation, That Preserve The Outcome And Moot The Lawsuit Do Not Turn The Plaintiff into A Prevailing Party (Note, However, That A Defendant Need Not Obtain A Favorable Judgment On The Merits In Order To Be A “Prevailing Party”)

Supreme Court: When A Plaintiff Amends The Complaint To Delete The Federal-Law Claims That Enabled Removal To Federal Court, Leaving Only State-Law Claims, The Federal Court Loses Supplemental Jurisdiction, And The Case Must Be Remanded To State Court

Supreme Court: A Rule 41(a) Voluntary Dismissal Without Prejudice = A Final Proceeding Within Rule 60(b) — Advisory Committee Notes Are “A Reliable Source Of Insight Into The Meaning Of A Rule” — Prior to Dismissal or Entry of Judgment, A District Court May Always Rehear and Reconsider Prior Rulings

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