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

CAFA: Motion to Consolidate State Court Suits for Trial Creates a Removable Mass Action — CAFA Jurisdiction May Be Invoked Even If One of the Underlying Suits Was Commenced Pre-CAFA Enactment

Lester v. Exxon Mobil Corp., 2018 U.S. App. LEXIS 547 (5th Cir. Jan. 9, 2018): ExxonMobil Oil Corporation removed the underlying suits as a "mass action" pursuant to the Class Action Fairness Act of 2005.1 The consolidated interlocutory appeals…
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Sanctions: Bankruptcy R. 9011’s Safe Harbor Exception for Filing Frivolous Petition Applies Only to the Filer, Not to Lawyer Influencing the Filing — § 1927 Doesn’t Apply to Negligence But Could Reach Unqualified Lawyer Taking on Complex Bkcy

In re Blasingame (Church Joint Venture, LP v. Grusin), 2018 U.S. App. LEXIS 216 (6th Cir. Jan 4, 2018): This appeal arises from a judgment entered by the Sixth Circuit Bankruptcy Appellate Panel ("Panel") on November 7, 2016, vacating sanctions…
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Website Authentication by Contents, Testimony of Witness Present at Creation — Discrepancies between Testimony & Webpage Goes to Weight — No Need for Expert — Objection Must Be Specific to Preserve Review

United States v. Blanchard, 867 F.3d 1 (1st Cir. 2017): Following a jury trial in the United States District Court for the District of Maine, Fritz Blanchard was convicted of one count of aiding and abetting the interstate transportation of…
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Full Social Media Authentication Not Required for Photo Pulled from Facebook — Origin of Photo Not Critical — Judge Need Not Be Persuaded of Authenticity, As Long As a Jury Reasonably Could Be

Beaty v. State, 2017 Tex. App. LEXIS 10694  (Tex. Ct. App. Nov. 15, 2017): MEMORANDUM OPINION A jury found appellant Phillip Beaty guilty of aggravated assault with a deadly weapon. See Tex. Penal Code § 22.02(a)(2). The jury then…
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Inherent Power Sanctions: 10th Cir. Holds It Violates Discovery Stay to Take Consensual Interview of 1 Defendant under Oath As Part of Settlement to Use Against Others on SJ — Deposition-Like Transcript (Improper) vs. Affidavit (OK) — Transcript Out

Marin v. King, 2018 U.S. App. LEXIS 100 (10th Cir. Jan. 3, 2018): ORDER AND JUDGMENT* This case arises out of the execution of three search warrants on a New Mexico ranch owned by Plaintiffs Mario and Reyes Marin.…
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Sanctions: Unquantified Order Requiring Pl’s Counsel to Pay Fees for Civil Contempt & §1927 / Rule 11 Violations Is Unappealable Even If Def Won’t Move for Fees & Case Is Suspended until Fees Are Paid & Even Though Non-Party May Appeal Contempt

Cruz v. Fulton, 2018 WL 297191 (5th Cir. Jan. 4, 2018): PER CURIAM:* In a contempt order against counsel in the underlying litigation, the district court ordered Louis R. Koerner, plaintiff’s lead counsel, “to pay all of the fees, costs, …
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Rule 37[(c)] Sanctions & Multi-District Litigation: MDL Court Has “Wide Latitude” to Dismiss for Non-Compliance with Court Order Where Party on Notice & Has Opportunity to Respond — 37(b) Dismissal Factors (3d Cir.)

In re Avandia Mktg. & Sales Pracs. & Prods. Liab. Lit., 2017 WL 1401285 (3d Cir. April 19, 2017): PER CURIAM *1 The Mayfields appeal pro se from the District Court’s order dismissing their complaint with prejudice after they failed…
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Email [Text] Evidence: Request or Proposal ≠ Hearsay Because It Doesn’t Assert the Truth of Any Fact — Photo of Email Must Be Authenticated As Photo (Fair & Accurate) and Writing (Circumstantial Evid., Including Contents)

People v. Dodge, 2017 Cal. App. Unpub. LEXIS 8503, 2017 WL 6350073 (Cal. Ct. App. Dec. 13, 2017): A jury convicted defendant Aaron Dodge of several drug offenses and acquitted him of several others. The jury found him guilty of…
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3d Circuit’s 7-Factor Test for Admitting Tape Recordings in Criminal Cases Is Not The Sole Test — Tape Recordings of Voicemails Admitted on Testimony of Recipient/Taper — Gaps in Chain of Custody Go to Weight

United States v. Credico, 2017 U.S. App. LEXIS 25472 (3d Cir. Dec. 18, 2017) (affirming the decision excerpted in our post of Nov. 19, 2016): Defendant Justin Credico appeals from his conviction after a jury trial for threatening federal agents…
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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

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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