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

Supreme Court—Specific Jurisdiction: State Court Lacks Personal Jur. over Defendant re Nonresidents’ Claims Identical to Those of Residents’, Absent Connection between Forum & Claims — Must Sue in State with Gen. Jur. or Maybe Federal Court

Bristol-Myers Squibb Co. v. Superior Court, 2017 U.S. LEXIS 3873 (U.S. June 19, 2017): More than 600 plaintiffs, most of whom are not California residents, filed this civil [*6]  action in a California state court against Bristol-Myers Squibb Company (BMS),…
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Supreme Court: Class Actions — Plaintiffs Denied Certification Can’t Voluntarily Dismiss Individual Claims to Appeal Certification & Revive Their Claims If They Win — Must Try the Case — Rule 23(f) Is Sole Avenue for Interlocutory Review

Microsoft Corp. v. Baker, 2017 U.S. LEXIS 3721 (U.S. June 12, 2017): This case concerns options open to plaintiffs, when denied class-action [*7]  certification by a district court, to gain appellate review of the district court's order. Orders granting or…
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Rule 41(b) Dismissal of Claim Asserted by Corporation Not Represented by Counsel Proper — Corp. Must Be Represented — In C.D. Cal., Same Applies to LLCs under Local Rule

Bourbeau v. Cogntive Code Corp., 2017 U.S. App. LEXIS 8444 (9th Cir. May 11, 2017): AMENDED MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs-Appellants John Bourbeau,…
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Rule 11 Sanctions — Empty Head, Pure Heart Defense Fails — Reasonable Assessment of Res Judicata/Collateral Estoppel Bar Required — Motive Behind Rule 11 Motion Irrelevant [Improper Purpose Impossible?]

Clemmons v. Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 3797 (10th Cir. Mar. 2, 2017): *   These consolidated appeals were ordered submitted on the briefs on October 20, 2016. This order and judgment is not binding precedent, except under…
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RICO Limitations: If Storm Warnings, Plaintiff Must Show It “Exercised Due Diligence But Couldn’t Find and Avoid the Storm” (Good Quote) — Can a Lawsuit Be a Predicate Act? — It Won’t Revive Claim by Attaching Out-of-Time Fraudulent Documents

Hawk Mountain LLC v. Ram Capital Grp. LLC, 2017 U.S. App. LEXIS 8492 (3d Cir. May 12, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In…
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Sanctions: Vexatious Litigant Injunction—Abuse of Discretion: Less Deference If “Unaccompanied by Reasoning” (Good Quotes) —Different Injns on Similarly Situated Parties, 1 Harsher Than Sought, Reversed

In re Ross, 2017 U.S. App. LEXIS 10004 (3d Cir. June 6, 2017): Raymond Ross appeals from a broad filing injunction issued against him by the Bankruptcy Court after he and his wife used the bankruptcy process to stave off …
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RICO: Marijuana Growing=Predicate Act—Business Is Primarily Criminal—RICO Incorporates Common Law of Nuisance—Adjacent Property Plausibly Injured by Odors, Openly Criminal Acts—How “Concrete” Must Injury Be? Is There a Circuit Split?

Safe Streets Alliance v. Hickenlooper, 2017 U.S. App. LEXIS 10101 (10th Cir. June 7, 2017): These three appeals arise from two cases that concern the passage, implementation, and alleged effects of Amendment 64 to the Colorado Constitution, Colo. Const. art. …
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RICO: If Enterprise’s Business Is Primarily Racketeering Activity (e.g., Crime Family), Horizontal Relatedness Shown by Linking Acts to Enterprise — Otherwise, HJ Factors Must Be Applied

Reich v. Lopez, 2017 U.S. App. LEXIS 9172 (2d Cir. May 26, 2017): Plaintiff-Appellant Otto J. Reich is the principal of a (co-plaintiff) consulting firm specializing, inter alia, in fighting government corruption. He alleges that he and his firm were…
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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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