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

Website Authentication Depends on Purpose of Offer — Less Needed If Not for Attribution to Person — Legal Interpretation of Federal Rules of Evidence Reviewed De Novo — Did Motion in Limine Preserve Issue? (3 Factors)

United States v. Isabella, 2019 U.S. App. LEXIS 7213 (10th Cir. Mar. 12, 2019): Rande Isabella was convicted under
United States v. Isabella, 2019 U.S. App. LEXIS 7213 (10th Cir. Mar. 12, 2019): Rande Isabella was convicted under 18 U.S.C. § 2422(b) of persuading and attempting to persuade S.F., a 14-year-old girl, to "engage . . . in…
Continue Reading

It Would Appear That, After Getting a Traffic Ticket, One Has a Constitutional Right to Make a Rude Gesture at the Officer, without Fear of Reprisal (Definitely Not Recommended That Anyone Test This)

Cruise-Gulyas v. Minard, 2019 U.S. App. LEXIS 7369, 2019 WL 1143852 (6th Cir. Mar. 13, 2019):  [**1]  Fits of rudeness or lack of gratitude may violate the Go ...
Cruise-Gulyas v. Minard, 2019 U.S. App. LEXIS 7369, 2019 WL 1143852 (6th Cir. Mar. 13, 2019):  [**1]  Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn't make them illegal or for that matter …
Continue Reading

While Factors Are Same for Severe Sanctions under R. 37(b) & Inherent Power, They Don’t Apply to Fraud on the Court (FOC) — Circuit Split on Burden of Proving FOC — Fraud Must Succeed to Be FOC, Otherwise Just Sanctionable Lies

Cone v. Tessler, 2019 U.S. Dist. LEXIS 39381 (E.D. Mich. Feb. 15, 2019): REPORT AND RECOMMENDATION PLAINTIFF'S MOTION FOR SANCTIONS (Dkt. 98) I ...
Cone v. Tessler, 2019 U.S. Dist. LEXIS 39381 (E.D. Mich. Feb. 15, 2019): REPORT AND RECOMMENDATION PLAINTIFF'S MOTION FOR SANCTIONS (Dkt. 98) I. PROCEDURAL HISTORY Plaintiff, Margaret Cone, filed this motion for sanctions against defendants and non-party, the University…
Continue Reading

Attorney-Client: Firm May = Counsel to Trust Beneficiaries by Taking Fees They Paid in Response to Trustee Telling Them Firm Reps. Them, & by Indicating It Reps. Them — Can Dismiss Based on Affirmative Defense Only If Complaint Admits All Elements

Bistline v. Parker, 2019 U.S. App. LEXIS 7503, 2019 WL 1187010 (10th Cir. Mar. 14, 2019): Plaintiffs are all former members of the Fundamentalist Ch ...
Bistline v. Parker, 2019 U.S. App. LEXIS 7503, 2019 WL 1187010 (10th Cir. Mar. 14, 2019): Plaintiffs are all former members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints ("FLDS"), which illegally practices polygamy. On July 13, …
Continue Reading

Sanctions: Court Is “Particularly Vigilant in Requiring Proportionality Where Draconian Sanction of Dismissal Imposed” (Good Quote) — Due Process: Hearing Must Be Real, Not Sham — Liberal Pro Se Construction

Orozco v. Butler, 2019 U.S. App. LEXIS 7721 (7th Cir. Mar. 15, 2019): Rogelio Orozco, an Illinois inmate, appeals the dismissal of his lawsuit against prison staff at Menard Cor ...
Orozco v. Butler, 2019 U.S. App. LEXIS 7721 (7th Cir. Mar. 15, 2019): Rogelio Orozco, an Illinois inmate, appeals the dismissal of his lawsuit against prison staff at Menard Correctional Center and Pontiac Correctional Center for violating his due-process …
Continue Reading

Federal Jurisdiction — Abstention — The “Narrow” “Crevice” of Colorado River vs. the More Lenient Standard in Declaratory Judgment Actions of Wilton/Brillhart

Certain London Mkt. Co. Reinsurers v. Lamorak Ins. Co., 2019 U.S. Dist. LEXIS 39429 D. Mass. Feb. 20, 2019) (R&R): REPORT AND RECOMMENDATION ON PLAINTIFFS' MOTION FOR REMAND (#6). ...
Certain London Mkt. Co. Reinsurers v. Lamorak Ins. Co., 2019 U.S. Dist. LEXIS 39429 D. Mass. Feb. 20, 2019) (R&R): REPORT AND RECOMMENDATION ON PLAINTIFFS' MOTION FOR REMAND (#6). KELLEY, U.S.M.J. I. Introduction. This is a reinsurance case …
Continue Reading

Substitution of Party on Appeal (FRAP 43(b)) OK Only If S/he Can’t Continue to Litigate, Not Just Doesn’t Want to Passing Reference to Issue in Opening Brief Doesn’t Preserve It for Review — “Bare Allegations” Don’t Satisfy RICO Mail Fraud, 9(b)

Miller v. Burt, 2019 WL 1219977 (3d Cir. Mar. 14, 2019) (unpublished): OPINION* PER CURIAM Solomon Marcellus Miller appeals the District Court’s dismissal of his amended complaint for failure to state a claim pursuant to
Miller v. Burt, 2019 WL 1219977 (3d Cir. Mar. 14, 2019) (unpublished): OPINION* PER CURIAM Solomon Marcellus Miller appeals the District Court’s dismissal of his amended complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).…
Continue Reading

Facebook Photos: May Impeach with Exhibits Not in Evidence — Authentication, Admissibility Not Required — No Surprise from Use in Closing of Exhs. in Evid. — Discovery Violation Doesn’t = Exclusion—R. 403 Requires > Possibility of Prejudice

Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): PER CURIAM After an auto accident, a jury found d ...
Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): PER CURIAM After an auto accident, a jury found defendant Carmen I. Nieves liable and awarded plaintiff Christian Angeles a $3,000,000…
Continue Reading

Inherent Power Sanctions — Civil Contempt Imediately Appealable If No Continuing Lit. — Oral Injunction Enforceable (Circuit Split) — Court Can’t Credit Time Served, But May Decrease (Not Incr.) Fed. Sentence & Order Concurrent/Consec. Sentences

In re United States Bureau of Prisons, 2019 U.S. App. LEXIS 7560 (5th Cir. Mar. 14, 2019): The U.S. Bureau of Prisons (BOP) appeals a contempt sanction related to its calculation of sent ...
In re United States Bureau of Prisons, 2019 U.S. App. LEXIS 7560 (5th Cir. Mar. 14, 2019): The U.S. Bureau of Prisons (BOP) appeals a contempt sanction related to its calculation of sentencing credits for federal prisoners. We reverse.…
Continue Reading
Previous66676869707172Next

Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

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

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