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

RICO: The Statute Defines Enterprise Broadly, “But That Breadth Is Not Without Limit” (Good Quote) — Enterprise Inadequately Pled Where Plaintiffs Fail to Name the Common Purpose, Explain How the Relationships Among the Defendants Allowed Them to Advance That Purpose, Or Specify the Period of Time Sufficient to Achieve That Purpose — In a Particular Case, the Pattern of Racketeering May Be Sufficient to Infer the Existence of an Association-in-Fact Enterprise, But Pattern Does Not Necessarily Establish Enterprise — A RICO Conspiracy May Exist Regardless of Whether the Substantive RICO Violation Is Consummated, But the Substantive Violation Must Be Adequately Pled

Kingfly Spirits v. Ragghianti, 2024 WL 3177773 (3d Cir. June 26, 2024) (unpublished): OPINION* *1 This case arises out of a business dispute between plaintiff Mark Willson and his former partner, defendant Blake Ragghianti. Willson filed this lawsuit along…
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RICO: (1) Claim Accrued When Plaintiff Suffered, and Was Aware of, Her Injury — Overt Retaliation in Her Employment As A Result of Reporting Another Employee’s Sexual Misconduct — Not When a Report Confirming that Misconduct Later Became Public; (2) Inhouse Lawyer’s Conclusion No Sexual Misconduct Occurred Is a Mere Expression of a Legal Conclusion, Not Deception Warranting SOL Reprieve Due to Equitable Tolling or Fraudulent Concealment — Plaintiff Exhibited Lack of Diligence in Failing to Consult Own Counsel or Challenge Inhouse Counsel’s Conclusion; (3) Causation: Plaintiff Must Prove Her Injuries Were Directly Caused by the Predicate Acts — (4) Concealment of Report Commissioned by Employer Directly Harmed Employer (by Exposing It to Liability) and Victims of Sexual Misconduct, and Only Indirectly Harmed Plaintiff Who Suffered Retaliation in Her Employment for Reporting the Misconduct

Lewis v. Danos, 83 F.4th 948 (5th Cir. 2023): In 2012 and 2013, Plaintiff-Appellant Sharon Lewis—then an Assistant Athletic Director at Louisiana State University (“LSU”)—internally reported Head Football Coach Les Miles for sexually harassing students. LSU retained outside counsel—Taylor, Porter,…
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RICO: Without Injury to Business or Property, Injury Resulting from RICO Violation Is Not Actionable under RICO — Meaning of “Property” in § 1964(c) — Meaning of “Business” in § 1964(c) — Mere “Expectancy Interests” ≠ Business or Property — Loss of NCAA Eligibility = Loss of a Status, Not Loss of Property — Pecuniary Losses (Here, Attorney’s Fees) Flowing from a Non-Cognizable Injury Are Not Recoverably via RICO

Bowen v. Adidas Am. Inc., 84 F.4th 166 (4th Cir. 2023): Affirmed by published opinion. Judge Rushing wrote the majority opinion, in which Judge Heytens joined. Judge King wrote a dissenting opinion. Majority Opinion RUSHING, Circuit Judge: In 2017, …
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RICO: Enterprise Not Sufficiently Distinct from Defendant Where Enterprise Allegedly Consisted of the Defendant Corporation, Corporate Employees, Their Counsel and “Friends”

Coronavirus Reporter v. Apple, Inc., 85 F.4th 948 (9th Cir. 2023): Plaintiffs-Appellants Coronavirus Reporter, CALID, Inc., Primary Productions LLC, and Dr. Jeffrey D. Isaacs sued Defendant-Appellee Apple for its allegedly monopolist operation of the Apple App Store. The district court…
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FRAP 38 Sanctions Should Not Lightly Be Awarded on the Ground That an Incorrect Argument Was Frivolous — “An Appeal Can Be Weak, Indeed Almost Hopeless, Without Being Frivolous” (Good Quote) — There Must Be “No Legitimate Basis for Pursuing the Appeal” (Good Quote)

Foss v. Marvic, Inc., 2024 U.S. App. LEXIS 14054 (1st Cir. June 10, 2024): *1 In this appeal, Cynthia Foss, a graphic designer, challenges the dismissal on preclusion grounds of her claim alleging copyright infringement against Marvic, Inc., d/b/a Brady-Built…
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Severe Emotional Distress and Trauma ≠ RICO Injury — Parents’ Voluntary Financial Support of Adult Daughter Who Was Forced to Sign Over Her Annuity in Violation of RICO Not Proximately Caused by RICO Violation — Injury Is Derivative, Not Direct (Intimation of Different Result if Financial Support Required by Law) — RICO Injury Is Requirement for Statutory Standing (12(b)(6) Issue), Not Constitutional Standing (12(b)(1) Issue)

Goney v. SuttonPark Cap. LLC, 2023 WL 8235019 (2d Cir. Nov. 28, 2023) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the July 26, 2022 judgment of the district court is AFFIRMED in part and VACATED…
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RICO — Neither Filing a Complaint Nor Issuing a Press Release Constitutes Wire Fraud — Litigation Privilege Is Absolute and Bars All Tort Claims Other Than Malicious Prosecution — Abuse of Process Claim Barred (California Law)

Mosafer, Inc. v. Broidy, 2023 WL 8295921 (9th Cir. Dec. 1, 2023) (unpublished): Before: PAEZ and H.A. THOMAS, Circuit Judges, and R. COLLINS,** District Judge. MEMORANDUM* *1 Plaintiffs Mosafer Inc., Mosafer E-Com, Inc., and GoMosafer (collectively,…
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RICO Statute of Limitations: (1) Under Separate Accrual Rule, Plaintiff May Recover Only for Additional Damages Suffered as a Result of the New Predicate Act and Not for Earlier Predicates Outside the 4-Year Limitations Period — (2) No Equitable Tolling Absent Diligence in Filing Suit — 3.25 Year Delay between Indictment and Filing Suit Too Long (Even 9 Months May Be Too Long) — “Equity Favors Those Who Diligently Pursue Their Known Rights” (Good Quote)

Baltrusaitis v. Int’l Union, UAAAIW of Am., 86 F.4th 1168 (6th Cir. 2023): Plaintiffs are current and former engineers employed by automaker FCA US LLC (now Stellantis). In 2011, FCA transferred the work that plaintiffs had previously performed at FCA’s…
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Sanctions: Rule 41(b) Overlaps with Inherent Power to the Extent It Authorizes Dismissal for Failure to Prosecute or Comply with a Court Order — Rule 41(b) Dismissal OK for Failure to Comply with Court Order on Notice of the Drastic Ramifications and When Predicated on a Protracted Course of Dilatory Or Otherwise Improper Behavior — Dismissal Sanction May Be Upheld When Point of Noncompliance with Order Is to Accelerate Appeal

Assassination Archives v. United States DOJ, 2024 U.S. App. LEXIS 14873 (D.C. Cir. June 18, 2024) (unpublished): This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and…
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RICO and Constitutional Standing — Concrete Injury Required for Constitutional Standing (And, Thus, for Standing in RICO Case, Notwithstanding a Disagreement Among the Circuits as to Whether Concrete Injury Is Required for RICO Standing) — At the Pleading Stage, General Factual Allegations of Injury May Suffice, But They Must Be Plausible and May Not Be Conclusory

Cooper v. US Dominion, Inc., 2023 WL 8613526 (10th Cir. Dec. 13, 2023) (unpublished): ORDER AND JUDGMENT* Plaintiffs Jennifer Cooper, Eugene Dixon, Francis Cizmar, Anna Pennala, Kathleen Daavettila, Cynthia Brunell, Karyn Chopjian, and Abbie Helminen filed this action against US…
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Recent Articles

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

Paul Weiss Did The Right Thing

RICO: Unsettled Whether Legal Expenses Constitute Injury to Business or Property in Ninth Circuit — Leave to Amend Must Be Granted Unless 1 or More of 5 Factors Is Present — Request for Judicial Notice of Wikipedia Articles Fails to Satisfy The Standards Fed. R. Evid. 201

FRAP 38 Sanctions Denied Without Prejudice for Lack of Separate Motion

Rule 26(g)(3) Sanctions Are Mandatory If Certification Violated — No Bad Faith Required — No Premotion Duty to Confer under Rule 26(g) [Beware of Local Rules] — Rule 26(g)(3) Attorney’s Fee Award for Unreasonable Investigation Before Serving Unreasonable Responses to Document Requests — Abuse of Discretion Review

“Parties Represented by Counsel May Not File Pro Se Briefs” (Good Quote)

FRAP 38 Sanctions: Until Paid, Filing Bar Imposed in All Federal Courts in The Circuit

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.

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