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

Joseph Hage Aaronson

Neither Rule 11 Sanctions Nor Separate Referral to Disciplinary Committee May Be Certified for Appeal under Rule 54(b) Because They Are Not Claims for Relief (1292(b) Possible; Not Collateral Order; Markwell Highly Unlikely)

Nogess v. Poydras Ctr., LLC, 2018 WL 1614216 (5th Cir. Apr. 3, 2018): *1 This is an appeal of an order of sanctions under Rule 11 and a referral of attorney conduct to a lawyers’ disciplinary committee with findings of …
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Forum Selection Clauses: In Diversity Case, Federal Law Determines Enforceability, But Forum State’s Choice of Law Rules Determine Which State’s Substantive Law Governs Interpretation

Blue Racer Midstream, LLC v. Kelchner, Inc., 2018 U.S. Dist. LEXIS 27911, 2018 WL 993781 (N.D. Tex. Feb. 21, 2018): Before the Court is Defendant Kelchner, Inc.'s Motion to Transfer Venue (Doc. No. 27). After carefully considering the motion,…
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Privilege/Work Product — Public Relations Firm: Absent Privilege Log or In Camera Review, Ruling Unappealable — Waiver by Failure to Log — Party Still Bears Burden of Proving Privilege Even If Documents Held by Third Party

Tex. Brine Co., LLC v. Occidental Chem. Corp., 2018 U.S. App. LEXIS 1286 (5th Cir. Jan. 19, 2018): I. Defendant Texas Brine Company, LLC (Texas Brine) operates brine wells on land owned by Co-Defendant Occidental Chemical Corporation (Oxy) in…
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RICO: Rimless Hub & Spoke Enterprise Not Enough, Rimmed OK — If Defendants Band Together to Commit Violations They Can’t Achieve Alone, Associated-in-Fact Enter. Stated — Rule 16(b) vs. 15(a) for Complaint Amendment

Sheet Metal Workers Local No. 20 Welfare & Benefit Fund v. CVS Pharmacy, Inc., 2018 WL 1631300 (D. R.I. Mar. 31, 2018): Presently before the Court is Plaintiffs’ Motion for Leave to File First Amended Complaint (ECF No. 56), in…
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Text Authentication: Two Recipients Had Programmed Sender’s Name/No. into Their Cells & Shared with Each Other Identical Texts He Sent, One Then Conversed by Text with Him — Party’s Texts=Admissions — 403 If Improper Basis for Verdict Suggested

State v. Lopez, 2018 Ariz. App. Unpub. LEXIS 445 (Ariz. Ct. App. Mar. 22, 2018): P1 Macario Lopez appeals his convictions and sentences for first-degree murder and burglary in the first degree. For the following reasons, we affirm. BACKGROUND…
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RICO Extraterritoriality — While Injury Involving Tangible Property Is Suffered at Location of Property (2d Cir.), Injury Involving Intangible Property Is Suffered at Residence of Plaintiff (7th Cir.)

Armada Sing. PTE v. Amcol Int'l Corp., 2018 U.S. App. LEXIS 7537 (7th Cir. Mar. 26, 2018): The plaintiff in this case is a Singaporean shipping company. It entered into shipping contracts with an Indian mining company, but the…
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Recent Articles

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

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

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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.

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