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

Rule 41(b) Sanctions — Dismissal: Factors (10th Cir.) — While Factors Usually Needn’t Be Considered when Dismissal Is without Prejudice, They Must If the Statute of Limitations Has Run & It Effectively Terminates the Case

Villecco v. Grand Teton Lodge Co., 2017 WL 3726983 (10th Cir. Aug. 30, 2017): Michael Villecco, appearing pro se,1 appeals the district court’s dismissal of his employment discrimination claim for failure to prosecute his claim, and from the subsequent…
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Rule 11: Voluntary Dismissal of Def. b/c Her Role Was “Minimal at Best” ≠ Concession of Frivolousness — Basing Claim on Statute Not Creating Right of Action “Not Inescapably” Frivolous—Good Cause under Rule 4(m) for Not Serving w/in 90 Days

Lostutter v. Olsen, 2017 U.S. Dist. LEXIS 136280 (M.D.N.C. Aug. 24, 2017): Deric James Lostutter, proceeding pro se, claims that Defendants, all residents of different States, defamed him, principally through their use of the unauthorized eponymous website www.DericLostutter.org. In…
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Judicial Notice (JN) on 12(b)(6) Motion — JN of Wayback Machine Results OK, But Lack of Wayback Watermark on One Exhibit and Incongruity between Dates on Other Exhibits & on Request for JN Warrant Denial

Prime Healthcare Servs. v. Harris, 2017 U.S. Dist. LEXIS 130853 (S.D. Cal. Aug. 16, 2017): Before the Court is Defendants Kamala D. Harris ("Defendant" or "Harris") and Attorney General of California Xavier Becerra's1 ("Defendant's" or "Becerra's") (collectively, "Defendants'") motion…
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Federal Jurisdiction — Probate Exception Doesn’t Apply to Case Seeking in Personam Judgment, Not Seeking to Reach a Res in the State Court, Nor to Fiduciary Duty Claims — Lists of Actions over Which Federal Jurisdiction Exists

Osborn v. Griffin, 865 F.3d 417 (6th Cir. 2017): Defendants John M. Griffin, the Estate of Dennis B. Griffin, the Dennis B. Griffin Revocable Trust, and Martom Properties, LLC (“Defendants”), appeal from the judgment entered by the district court on…
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Inherent Power Sanctions: Counsel’s Belated Assertion of Fifth Amendment, Even If in Good Faith, as Reason for Not Complying with Court Order Doesn’t Undercut Bad Faith Finding—Fifth Must Be Timely Asserted [Then Adverse Inference Drawn]

Armstead v. Allstate Prop. & Cas. Ins. Co., 2017 WL 2992071 (11th Cir. July 14, 2017): *1 Attorney Sandra Finch represented Elaine Armstead in Armstead’s lawsuit against Allstate Property & Casualty Insurance Company. In the weeks leading up to trial,…
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YouTube: Video Authenticated by Witness Who Recognized Person (Who Admitted Being in Recent Video) — Wit. Needn’t Know Circs of Recording — Viewer May Assume Items in Non-Prof’l Video Are Real, Not Props—Under 403, Only Still Photos Admitted

United States v. Washington, 2017 U.S. Dist. LEXIS 136220 (N.D. Ill. Aug. 21, 2017): The United States of America (the "Government") has charged Defendant Darrius Washington with one count of unlawful possession of a firearm by a felon. [See 1.]…
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Joint Defense/Common Interest Privilege: Direct Communications among Clients Unprivileged unless Purpose Is to Solicit or Communicate Legal Advice — One Client’s Reporting His or Her Research to Another Not Protected

United States v. Krug, 2017 U.S. App. LEXIS 15643 (2d Cir. Aug. 18, 2017): Appeal from the December 10, 2016 order of the United States District Court for the Western District of New York (Skretny, J.) precluding the government from…
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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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