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

Contempt Sanction: Reading Only PACER Entry & Not Order = Bad Faith — Magistrate Judge Lacks Power to Adjudicate Contempt — Summary Adjudication OK for Violation in Court’s Presence (Failure to Have Client Present, As Ordered) — $2,500 Penalty

Deutsch v. Annis Enters., 2018 U.S. App. LEXIS 3028 (5th Cir. Feb. 8, 2018): PER CURIAM: This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. …
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Attorney-Client Privilege: Simply Filing Suit to Which Privileged Info Is Relevant Doesn’t Effect Waiver — Mere Relevance Is Never Enough — Excellent Collection of Waiver Cases with Factual and Legal Analysis — Hearn Overruled by Swidler

In re Iltron, Inc., 2018 U.S. App. LEXIS 4136 (5th Cir. Feb. 21, 2018): This mandamus petition calls on us to correct a significant misapplication of attorney-client privilege law. The underlying lawsuit springs from a disputed corporate merger. Plaintiff-Petitioner Itron …
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28 U.S.C. § 1782: Does a Magistrate Judge Have Jurisdiction to Issue a Final Order to Compel Discovery or May the MJ Issue Only a Report & Recommendation? — Circuit Split

Ex Parte Application of Godfrey, 2018 U.S. Dist. LEXIS 29794 (S.D. Fla. Feb. 22, 2018):   REPORT AND RECOMMENDATIONS ON RESPONDENT'S MOTION TO QUASH SUBPOENA AND PETITIONERS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA Respondent Stephen P. Lynch moves to quash the…
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No § 1927 Sanctions for Conduct in Other Court (Here, Dist. Ct. on App.) — Rule 11 Inapt on Appeal — No Rule 38 Sanctions for Meritless But Not Frivolous Appeal — Rule 15(a) vs. (d): Is Leave to Supplement As Freely Granted as to Amend?

Connor v. Castro, 2018 U.S. App. LEXIS 4511 (5th Cir. Feb. 23, 2018): PER CURIAM:* * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the…
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Rule 408 Yields (Mostly) to Court’s Ongoing Supervision over Injunction — Rule 407 Inapt If Feasibility Denied — Law of the Case & Mandate Rule Bar Reexamination by Dist. or App. Ct. of Issue Decided on Prior Appeal — Exceptions

Ball v. LeBlanci, 881 F.3d 346, 2018 U.S. App. LEXIS 2402, 2018 WL 632503 (5th Cir. 2018): Elzie Ball, Nathaniel Code, and James Magee are death row inmates in the Louisiana State Penitentiary ("LSP") and are housed in cells without …
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Rule 11—Where Detailed SJ Opinion Puts Plaintiff on Notice of Legal Deficiency of Claim, Fact Leave to Appeal Granted Doesn’t Preclude Sanctions for Filing Amended Complaint without Addressing Deficiency — FRAP 38 Sanctions for Same on Appeal

Debeikes v. Hawaiian Airlines, Inc., 2018 WL 991377 (9th Cir. Feb. 21, 2018): MEMORANDUM** *1 Matthew J. Debeikes appeals from the district court’s grant of summary judgment and challenges its denial of his request to reopen discovery. He also,…
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RICO: Pari Delicto Defense—Factors—Bars Claim by Plaintiffs Who Participated in Scheme to Prescribe Them Opioids Illegally— Analogous Wrongful Conduct Doctrine (N.M.) Bars State Law Claims

Inge v. McClelland, 2018 WL 985740 (10th Cir. Feb. 20, 2018): *1 Elizabeth and Johnny Inge appeal the district court’s dismissal of their claims against Robert McClelland, III, a pharmacist licensed in New Mexico who dispensed opioids and other narcotics…
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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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