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 point of Rule 9(b) Is Precisely to Prevent Defendant-Clumping … by Requiring the Plaintiff to Allege Each Defendant’s Specific Participation in the Fraud” (Good Quote) — Use of RICO Case Statement on 12(b)(6) OK

Emess Capital, LLC v. Rothstein, 2011 WL 13214302 (S.D. Fla. Mar. 9, 2011) (R&R): *1 This matter is before the Court for a Report and Recommendations on two dispositive motions: (1) Defendant TD Bank N.A.’s motion to dismiss (Doc. 13)…
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RICO: Injury from 1 Predicate Act Enough — Mail Fraud: Must ID a Mailing; 9(b)/Iqbal Caution — No Causation If Injury Could Occur w/o Predicate Act Or Is Not Directly Tied to Predicate Act — Only Bank Can Sue for Financial Institution Fraud

Empire Merchants, LLC v. Reliable Churchill LLLP, 2017 U.S. Dist. LEXIS 186669 (E.D.N.Y. Mar. 16, 2017): Plaintiff, Empire Merchants, LLC ("Empire"), is a liquor [*2]  wholesaler operating in New York City. Empire brings this action against numerous defendants, including a…
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Protective Orders: Which In-House Counsel Should Be Barred from Highly Confidential Info? — Corp. Secretary, Board Attendee, Member of Sr. Mgmt. Committee Too Senior, Interactions with Decisionmakers Too Risky — Website of Party = Admission & 803(6)

Silversun Indus. v. PPG Indus., 2017 U.S. Dist. LEXIS 183647 (N.D. Ill. Nov. 6, 2017): INTRODUCTION Defendant, PPG, is a Forbes 500, multi-billion dollar, world-wide company, in the business of supplying paints, paint coatings, optical products, and specialty materials. Defendant,…
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Rule 41(d) Dismissal Sanction: Factors — Wasting Time, Money & Effort Pursuing Cooperation = Prejudice from Plaintiff’s Failure to Prosecute — Abuse of Discretion Standard (Sixth Circuit)

Crawford v. Beaumont, 2017 U.S. App. LEXIS 18887 (6th Cir. Sept. 12, 2017): Anitra E. Crawford, a Michigan resident proceeding pro se, appeals a district court judgment dismissing her civil rights case filed pursuant to 42 U.S.C. § 1983.…
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Rule 37(c)(1) Sanctions: Failure to Disclose Witness Bars Use of Declaration on SJ—Alternatively, Must Document Where Wit.’s Name Came Up in Discovery—Abuse of Discretion Standard (7th Cir.)—Exclusion OK Where No Alternative Proposed

King v. Ford Motor Co., 2017 U.S. App. LEXIS 19013 (7th Cir. Oct. 2, 2017): LaWanda King worked for many years as an assembler in Ford Motor Company's vehicle assembly plants. After transferring to its Chicago plant in 2010, though,…
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RICO: Innocuous Wire Transactions Used to Build Trust = Wire Fraud — Intrabank Transfer May Be Bookkeeping Entry, Not Sufficiently Plead —Analysis in Unappealed Order Granting Prior Dismissal Disregarded — Denial of Leave to Amend Strictly Reviewed

Bui v. Ton Phi, 2017 U.S. App. LEXIS 20304 (9th Cir. Oct. 17, 2017): Mai Ngoc Bui appeals the district court's grant of Defendants' motion to dismiss with prejudice the Racketeer Influenced and Corrupt Organizations [*2]  (RICO) claim from her…
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Experts: CEO Opinion Based on CEO Experience=701 But If Tech’l Knowl. Used = 702 — 37(c)(1) Sanction for No Expert Rep’t: 4 Factors — Still Prejudiced If You Know the Unreported Opinion — Waiver by Not Defending All Claims Attacked

Dynamic Concepts, Inc. v. Tri-State Surgical Supply & Equipment Ltd., 2017 U.S. App. LEXIS 22348 (2d Cir. Nov. 8, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF it is hereby ORDERED, ADJUDGED, AND DECREED that the judgments and orders of the…
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FRAP 12.1 Allows Limited Remand So That District Court Can Implement Prior Indicative Ruling — Actual Prior Indicative Ruling under Fed. R. Civ. P. 62.1 Unnecessary If District Court’s Views Clear

Mendia v. Garcia, 2017 U.S. App. LEXIS 22102 (9th Cir. Nov. 3, 2017):     Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs [*3]  Enforcement ("ICE") agents John Garcia and Ching Chang lodged an immigration…
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12(b)(6) Motions: SEC Filings and News Articles Judicially Noticeable to Show What Was Available to the Market (Securities Action), Not for Truth — Are Forms 4 Noticeable Absent Allegations of Stock Sales? Case Law Split

Shenwick v. Twitter, Inc., 2017 U.S. Dist. LEXIS 170901 (N.D. Cal. Oct. 16, 2017): Twitter is a social media company that, like other social media companies, depends on advertising revenue. Accordingly, how many users Twitter has, and whether those…
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RICO: Causal Chain Too Attenuated for Third Party Payors to Sue for Improper Off-Label Uses — Need to Attach Expert Report (Here, Regression Analysis) to Complaint to Save It If Nothing Comparable Exists In Published Literature

Sidney Hillman Health Ctr. of Rochester v. Abbott Labs., 2017 U.S. App. LEXIS 19925 (7th Cir. Oct. 12, 2017): The Food and Drug Administration has approved the use of Depakote (divalproex [*2]  sodium) to treat seizures, migraine headaches, and some…
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Recent Articles

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Propoerty When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

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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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