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

12(b)(6) Dismissal Motion: Judicial Notice of News Reports & Non-Official Websites, including YouTube & Wikipedia, Only to Establish What Was in Public Realm, Not for Truth — Motion Converted to SJ to Consider Truth

Strojnik v. Azul Hosp. Grp., 2019 U.S. Dist. LEXIS 207424 (E.D.N.Y. Dec. 2, 2019): Plaintiff is proceeding in this matter pro se, but he is licensed as an attorney in the state of California; pre-tri ...
Strojnik v. Azul Hosp. Grp., 2019 U.S. Dist. LEXIS 207424 (E.D.N.Y. Dec. 2, 2019): Plaintiff is proceeding in this matter pro se, but he is licensed as an attorney in the state of California; pre-trial proceedings are accordingly referred to …
Continue Reading

Summary Judgment: Mere Denial of Statement of Undisputed Fact (SUF) without Actually Rejecting Paragraphs Responded to Properly Deemed Admissions — Attempt to Create Appearance of Factual Disputes = Sanctionalbe Non-Compliance with SUF Local Rule

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (non-precedential): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of
Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (non-precedential): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of 42 Pa. C.S.A. § 8371. …
Continue Reading

Hague Service Convention Article 15 Applies Only to Service of Process on Non-Parties, Not to Service of Documents on Participant in Existing Action

 Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 2019 U.S. App. LEXIS 38068 (2d Cir. Dec. 20, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATIO ...
Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 2019 U.S. App. LEXIS 38068 (2d Cir. Dec. 20, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court …
Continue Reading

Supreme Court: Attorney’s Fees [Non-Sanctions] — American Rule Not Limited to Prevailing-Party Statutes — Absence of Specific Reference to Attorney’s Fees Not Dispositive — “Expenses of Litigation” = Expensae Litis = Costs

 Peter v. NantKwest, Inc., 205 L. Ed. 2d 304 (2019): Sect ...
Peter v. NantKwest, Inc., 205 L. Ed. 2d 304 (2019): Section 145 of the Patent Act affords applicants “dissatisfied with the decision of the Patent Trial and Appeal Board” an opportunity to file a civil action in the United States …
Continue Reading

Sanctions: Rule 37(b)(2) Dismissal OK Only If Violation of Discovery Order Is Fault of Client, Not Lawyer — Ordering Discovery Is Not A “Lesser Sanction” under Rule 41

 Johnson v. Jones, 2019 U.S. App. LEXIS 36969 (5th Cir. Dec. 13, 2019) (unpublished): PER CURIAM:* Ron Johnson appeals the with-prejudice dism ...
Johnson v. Jones, 2019 U.S. App. LEXIS 36969 (5th Cir. Dec. 13, 2019) (unpublished): PER CURIAM:* Ron Johnson appeals the with-prejudice dismissal of his civil rights lawsuit. The district court dismissed the case as a sanction under Federal Rules …
Continue Reading

Standing: In Consumer Fraud Case, Plaintiffs’ Claim They Wouldn’t Have Bought Product But for Deceptive Claims and Failure to Disclose Known Risks Constitutes Injury in Fact for Standing Purposes

Painters & Allied Trades Dist. Council 82 v. Takeda Pharm. Co. Ltd., 2019 WL 6498270 (9th Cir. Dec. 3, 2019): MEMORANDUM** *1 Plaintiffs, individual patients and third-party payor Painters and Allied Trades District Council 82 Health Care Fund, appeal the ...
Painters & Allied Trades Dist. Council 82 v. Takeda Pharm. Co. Ltd., 2019 WL 6498270 (9th Cir. Dec. 3, 2019): MEMORANDUM** *1 Plaintiffs, individual patients and third-party payor Painters and Allied Trades District Council 82 Health Care Fund, appeal…
Continue Reading

§ 1782: Availability of Requested Information in Foreign Jurisdiction Irrelevant If Person from Whom Discovery Is Sought Is Unavailable There — Indicia of Sufficient Certainty of Contemplated Foreign Proceeding (Affidavit of Foreign Counsel Suffices)

 In re Top Matrix Holdings Ltd. for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782, 2019 U.S. Dist. LEXIS 210264 (S.D.N.Y. Dec. 2, 2019): Top Matrix Holdings Ltd. (& ...
In re Top Matrix Holdings Ltd. for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782, 2019 U.S. Dist. LEXIS 210264 (S.D.N.Y. Dec. 2, 2019): Top Matrix Holdings Ltd. ("Top Matrix" or…
Continue Reading

RICO: Third-Party Payers Adequately Allege Causation Against Pharma Mfrs. for Omission of Known Safety Risk — Doctors Are Intermediaries But Not Intervening Cause — Circuit Split

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Takeda Pharms. Co., 2019 U.S. App. LEXIS 35844 (9th Cir. Dec. 3, 2019): Today we confront an issue of first impression in our circuit, and ...
Painters & Allied Trades Dist. Council 82 Health Care Fund v. Takeda Pharms. Co., 2019 U.S. App. LEXIS 35844 (9th Cir. Dec. 3, 2019): Today we confront an issue of first impression in our circuit, and one that has caused …
Continue Reading

Court Lacks Inherent Power to Vacate §1782 Order Based on Fraud in Foreign Proceedings[— Rule 60(b)(3) Fraud on Court Must Be Extrinsic to Proceedings — 1782 Court Should Consider Effect on Procedural Parity of Parties (Good Quote)

 In re Accent Delight Int'l, 2019 U.S. Dist. LEXIS 212773 (S.D.N.Y. Dec. 10, 2019): This case is a small part of a larger international saga involving Accent Delight International Ltd. and Xitrans Financ ...
In re Accent Delight Int'l, 2019 U.S. Dist. LEXIS 212773 (S.D.N.Y. Dec. 10, 2019): This case is a small part of a larger international saga involving Accent Delight International Ltd. and Xitrans Finance Ltd. ("Petitioners") and their principal, Dmitry Rybolovlev,…
Continue Reading

Securities: Judicial Notice (JN) of Wayback Machine OK — Defs. Can’t Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & of 10b5-1 Plan Only for Fact Sales Made Pursuant Thereto

In re Facebook, Inc. Secs. Litig., 2019 U.S. Dist. LEXIS 166027 (N.D. Cal. Sept. 25, 2019): This lawsuit stems from the revelation that Cambridge Analytica acquired the private Facebook data of millions of us ...
In re Facebook, Inc. Secs. Litig., 2019 U.S. Dist. LEXIS 166027 (N.D. Cal. Sept. 25, 2019): This lawsuit stems from the revelation that Cambridge Analytica acquired the private Facebook data of millions of users and that, upon learning of this…
Continue Reading
Previous39404142434445Next

Recent Posts

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

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