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

Judicial Notice of Internet Evidence — Court Has Discretion to Take Notice of Contents of Website of Counsel Who Filed Fee Application

Bluelink Mktg. LLC v. Carney, 2017 U.S. Dist. LEXIS 191978 (S.D.N.Y. Nov. 20, 2017): Plaintiffs Bluelink Marketing LLC and Gerald Owens (together, "Plaintiffs") brought this action against defendants Declan Carney and Tagcade LLC (together, "Defendants") for breach of contract, fraudulent…
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Texted Requests or Directions Are Not Hearsay — [While Court May Consider Hearsay for Authentication Purposes under 104(a),] Authenticating Witness Must Be Produced at Trial If Authentication Challenged

People v. Clark, 2017 Cal. App. Unpub. LEXIS 7686, 2017 WL 5151385 (Cal. Ct. App. Nov. 7, 2017): After a jury trial, defendant was convicted of receiving stolen property. Among other things, defendant contends the trial court erroneously admitted…
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Rule 37(d) Sanctions Likely Inapt If Witness Appears But Fails to Answer Questions — Answering Questions on Several Topics ≠ Failure to Appear — Movant’s Own Misconduct Justifies Rejection of Motion for Sanctions

Watkins v. Infosys, 2017 U.S. App. LEXIS 25193 (9th Cir. Dec. 13, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Marilyn Watkins ("Watkins") sued her former employer,…
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Removal OK under America Invents Act (§1454) If Court Must Interpret Patent — Grable Implicated — Judicial Notice of Internet Evidence: Adverse Party’s Website on 12(b)(1) (SMJ) Motion (Good Discussion of Limits and Factors reTaking Notice)

Apollo Enter. Solutions, Inc. v. Lantern Credit, LLC, 2018 U.S. Dist. LEXIS 6818 (C.D. Cal. Jan. 16, 2018): [PROPOSED] ORDER DENYING PLAINTIFF'S MOTION TO REMAND [13] AND DENYING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S FIRST AMENDED COUNTERCLAIMS [34] I. INTRODUCTION Pending…
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If Dismissal on Shotgun Pleading Grounds (“Material Allegations … Buried Beneath … Pages of Rambling Irrelevancies” (Good Quote)), Must Give One Amendment Before Dismissing with Prejudice — Pendent State Claims Should Be Dismissed w/o Prejudice

Vibe Micro, Inc., 2018 WL 268849 (11th Cir. Jan. 3, 2018): *1 This appeal concerns the discretion of a district court to dismiss a complaint on shotgun pleading grounds. Plaintiff Edward Mandel1 appeals the district court’s dismissal with prejudice…
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Psychologist-Patient Privilege: Mere Fact Patient Tells Doc Fact Crime Has Been Committed, Which Must Be Disclosed to Authorities, Doesn’t Forfeit Confidentiality of Communications — Same re Attorney-Client (Lawyer Disclosure of Facts Not a Waiver)

United States v. Murra, 2018 U.S. App. LEXIS 906 (5th Cir. Jan. 15, 2018): The earlier opinion issued January 12, 2018, is withdrawn by the panel, and the following is issued in its place:   In August 2016, Defendant-Appellant Olga Murra…
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Inherent Power Sanctions: Dismissal without Prejudice Generally Not an Abuse of Discretion — Dismissal OK for Omitting Statutory Prerequisite in Complaint without Showing of Intentionality — Meaning of Abuse of Discretion (11th Cir.)

Jenkins v. Hutcheson, 2018 WL 360428 (11th Cir. Jan. 11, 2018): PER CURIAM: *1 Adrian Jenkins, a state prisoner proceeding pro se, appeals the district court’s dismissal of his complaint without prejudice for failure to fully disclose all of…
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FRAP 38 Sanctions: An Appeal Can Be Considered Frivolous “When an Appellant Gives the Court Nothing to Consider in the Appeal,” Such as by Asserting Arguments Impermissibly Raised for the First Time on Appeal

Matter of Kite (Kenneth Michael Wright, LLC v. Kite Bros., LLC), 2018 WL 400743 (5th Cir. Jan. 12, 2018): PER CURIAM: **1 On April 5, 2017, the U.S. District Court for the Western District of Louisiana entered an order…
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Arbitration: Appeals Court Has Jurisdiction under FAA § 16 When District Court Couples Vacatur of Award (Always Appealable) with Remand for New Arbitration — Arbitrator Exceeds Powers under § 10(a)(4) Only When Award Is Completely Irrational

Sanchez v. Elizondo, 2018 U.S. App. LEXIS 367, 2018 WL 297352 (9th Cir. Jan. 5, 2018): Defendant-Appellant Robert Elizondo appeals the district court's order vacating his arbitration award and remanding for further proceedings. Elizondo was awarded $75,000 in damages (the…
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Sanctions: Party Who Refuses to Pay Arbitration Award Presumptively Should Be Ordered to Pay in Addition the Other Side’s Fees in Enforcing the Award And His/Her Lawyers May Be Sanctioned under § 1927.

Hyatt Franchising, L.L.C. v. Shen Zhen New World I, LLC, 2018 U.S. App. LEXIS 813 (7th Cir. Jan. 12, 2018): Our first decision in this appeal affirmed a judgment enforcing an arbitrator's award of approximately $9 million against Shen Zhen.…
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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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