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

Disqualification: Ex-Govt. Lawyers & Rule 1.11 — Meaning of “Matter,” “Personal & Substantial Participation” (1.11(a)) — Rule 1.9(a) Ousted by Rule 1.11 — Govt. Filing Doc in Court Means It’s Not Confidential Govt. Info

 Martley v. City of Basehor, 2019 U.S. Dist. LEXIS 206058 (D. Kan. Nov. 27, 2019): MEMORANDUM AND ORDER On October 9, 2019, the Court convened a motion hearing to addre ...
Martley v. City of Basehor, 2019 U.S. Dist. LEXIS 206058 (D. Kan. Nov. 27, 2019): MEMORANDUM AND ORDER On October 9, 2019, the Court convened a motion hearing to address Defendant's Motion to Disqualify Patrick Reavey as Plaintiff's Counsel (ECF …
Continue Reading

Sanctions: Vexatious Litigant Injunction Should Be Sought in District Court in First Instance — Circuit-Wide Filing Injunction OK If Multiple Courts, Claims Have Been Raised

 Clements v. 3M Elec. Monitoring, 2019 U.S. App. LEXIS 35220 (115h Cir. Nov.25, 2019) (unpublished): PER CURIAM: Louis Clements, proceeding pro se, sued 3M Electronic Monitoring (" ...
Clements v. 3M Elec. Monitoring, 2019 U.S. App. LEXIS 35220 (115h Cir. Nov.25, 2019) (unpublished): PER CURIAM: Louis Clements, proceeding pro se, sued 3M Electronic Monitoring ("3M")1 in federal court alleging that an ankle-monitoring bracelet 3M manufactured was …
Continue Reading

Doubts Resolved in Favor of Disqualification But Movant’s Burden Is Heavy — Substantially Related = (1) Received Confidential Info Usable against Ex-Client Or (2) Facts of Old Representation Are Relevant to New

 Fragoso v. Piao, 2019 U.S. Dist. LEXIS 175523 (D.N.J. Oct. 9, 2019): This matter comes before the Court upon Defendants Zhejun Piao ("Piao"), Miyeon Choi ("Choi"), and Massage 4 ...
Fragoso v. Piao, 2019 U.S. Dist. LEXIS 175523 (D.N.J. Oct. 9, 2019): This matter comes before the Court upon Defendants Zhejun Piao ("Piao"), Miyeon Choi ("Choi"), and Massage 4 All NJ 7, LLC's (the "business") (collectively, "Defendants") Motion to Disqualify …
Continue Reading

Judicial Notice of Internet Evidence: Public Records and Government Documents from Reliable Sources on the Internet

 Coleman v. Detroit Metro. Airport, 2019 U.S. Dist. LEXIS 194562 (E.D. Mich. Nov. 8, 2019): 1 See United States v. Coleman, No. 1:07-CR-233 (N.D. Ga. Jan. 25, 2019). Public reco ...
Coleman v. Detroit Metro. Airport, 2019 U.S. Dist. LEXIS 194562 (E.D. Mich. Nov. 8, 2019): 1 See United States v. Coleman, No. 1:07-CR-233 (N.D. Ga. Jan. 25, 2019). Public records and government documents, including those available from reliable sources on …
Continue Reading

Court of Appeals Always Reluctant to Create Circuit Split, Especially In Bankruptcy Law, Which Requires Uniformity

 Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm. (In re Ultra Petroleum Corp.), 2019 U.S. App. LEXIS 35489 (5th Cir. Nov. 26, 2019): ON PETITION FOR REHEARING ANDREW S. OLDHAM, Circuit Judge:
Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm. (In re Ultra Petroleum Corp.), 2019 U.S. App. LEXIS 35489 (5th Cir. Nov. 26, 2019): ON PETITION FOR REHEARING ANDREW S. OLDHAM, Circuit Judge: Treating the Appellees' and Intervenors' Joint Petition for…
Continue Reading

Appeals: District Court’s Interpretation of Local Rules Reviewed for Abuse of Discretion — D.Ct. May Disregard Counterstatement of Undisputed Facts As Not Contemplated by Rule Requiring Statement of Undisputed Facts on Summary Judgment

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (unpublished): *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) (unpublished): *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

Facebook/Social Media Authentication — West Virginia Adopts Liberal, Circumstantial Evidence Approach — Testimony from Conversant, Witness to Party Sending or Receiving, or Distinctive Characteristics Sufficient

 State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court ...
State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court of Ritchie County…
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

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

Under Fed. R. Civ. P. 25(a)(1), Does the 90-Day Period for Substitution Run from Service of Suggestion of Death on the Parties, Or Must the Non-Party Executor (Or Person Most Likely to Be Named Executor) Also Be Served? (Circuit Split)

 Jaudon v. Sasser, 2019 U.S. Dist. LEXIS 37787 (S.D. Ga. Mar. 8, 2019): ORDER This matter is before the Court on Defendants' Objection to the Magistrate Judge's December ...
Jaudon v. Sasser, 2019 U.S. Dist. LEXIS 37787 (S.D. Ga. Mar. 8, 2019): ORDER This matter is before the Court on Defendants' Objection to the Magistrate Judge's December 20, 2018 Order. (Docs. 43, 45.) For the reasons set forth [*2] …
Continue Reading

Possession of Professional (Law) License, Absent Practice in State, Insufficient to Confer Personal Jurisdiction — No Private Right of Action under Mail, Wire Fraud Statutes

Robinson v. Section 23, Prop. Owners’ Ass’n, Inc., 2019 WL 4673954 (3d Cir. Sept. 25, 2019) (unpublished): OPINION* PER CURIAM *1 Albert Robinson alleges that he is a Texan living in Georgia. He filed in the United States District Court for the District of New Jersey an amended complaint nami ...
Robinson v. Section 23, Prop. Owners’ Ass’n, Inc., 2019 WL 4673954 (3d Cir. Sept. 25, 2019) (unpublished): OPINION* PER CURIAM *1 Albert Robinson alleges that he is a Texan living in Georgia. He filed in the United States District Court …
Continue Reading
Previous41424344454647Next

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