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

Homicide as Spoliation: Spoliation by Shooting, Allowing Decedent in Death Action to Die — Rules of Interpretation of US/Native American Treaties — Issue Preclusion: Honoring Statements of First Court as to What It Was Deciding

Jones v. United States, 2017 U.S. App. LEXIS 1479 (Fed. Cir. Jan. 27, 2017): Debra Jones, Arden C. Post, and the Ute Indian Tribe of the Uintah and Ouray Reservations (collectively, "Jones"), appeal the judgment of the United States Court…
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Text Authentication — Admission of Ownership of Cell Phones Suffices to Authenticate Content Extracted via Data Dump and Tie It Owner (Note That Some of the Texts Self-Identified the Author As Sender) [Email]

Hoey v. State, 2017 Ark. App. LEXIS 267 (Ark. Ct. App. April 27, 2017):  Robert Maurice Hoey was convicted in the Miller County Circuit Court of possession of more than twenty-five pounds of marijuana with intent to deliver, and he…
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Sanctions: Policy with Exclusion for Sanctions Not Triggered by Contempt Motion for Fees Because It Seeks Compensation as a Punishment — Would Coverage Exist If Motion Sought Fees from Insured (Firm) Indirectly Due to Conduct of Its Lawyers?

Jones, Foster, Johnston & Stubbs, PA v. Prosight-Synicate 1110 at Lloyd's, 2017 U.S. App. LEXIS 2550 (11th Cir. Feb. 14, 2017): This appeal concerns whether professional liability insurer ProSight-Syndicate 1110 at Lloyd's ("ProSight") was contractually obligated to defend several attorneys …
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Rule 11 & § 1927 Sanctions: Court Abuses Discretion When No Reasonable Person Would Agree with It (7th Cir.)—Failure to Disclose Named Plaintiff Is Member of Firm Representing Her Borderline But Failure to Sanction ≠ Abuse of Discretion

Blow v. Bijora, Inc., 2017 U.S. App. LEXIS 7926 (7th Cir. May 4, 2017): In May 2011, Nicole Strickler brought this class-action lawsuit against Chicago-based retailer Bijora, Inc., doing business as Akira.1 Strickler was later replaced as named plaintiff by …
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Judicial Notice of Internet Evidence: Federal Court May Take Judicial Notice of Another Court’s Website As Well As Public Records and Government Documents Available from Reliable Sources on the Internet

Flores v. Smith, 2017 U.S. Dist. LEXIS 67059 (E.D. Mich. May 3, 2017): *** Petitioner pled guilty [*2]  to forgery in the Lenawee Circuit Court in 2013. He was sentenced as indicated above on October 4, 2013. According to the…
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Rule 11 Sanctions: Where One of Two Jointly Sanctioned Pays Full Award, Appeal by Other Is Moot (Query Why Award as to Appellant Wasn’t Vacated on Due Process Grounds Since Appellant Lost Right to Be Heard)

Laney v. Slaten, 2017 U.S. App. LEXIS 7692 (11th Cir. May 1, 2017): PER CURIAM: Victoria Laney appeals the district court's dismissal of her claims against Jill Rygh,1 Southwest Property Management of Central Florida, Robert McKey, and The Hammocks Homeowner's…
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Securities — Investment Contract Factors — Investor’s Duties Must Be Nominal — RICO — Conspiracy Falls with Substantive Claim (9(b)) — No Error in Failing to Grant Leave to Amend Sua Sponte Except in Civil Rights Case

NE Revenue Servs., Inc. v. Maps Indeed, Inc., 2017 U.S. App. LEXIS 6262 (3d Cir. April 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. The…
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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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