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 Conspiracy: Neither Suspicions about Nor Investigation into Miscreant’s Conduct = Conspiracy, Which Requires More Than Knowledge & Presence — Pleading: Importance of Including a General Denial in Answer (Good Language to Quote)

Aguilar v. PNC Bank, N.A., 2017 U.S. App. LEXIS 2150 (8th Cir. Feb. 7, 2017): Ninety-two plaintiffs1 filed suit against PNC Bank, N.A. (PNC), alleging, among other things, (1) violations of Missouri's Uniform Fiduciaries Law (UFL); (2) aiding and…
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Evidence-Summarizing Charts under Fed. R. Evid. 1006 — Non-Voluminous Information (Texts) May Be Deemed Voluminous When It Cannot Conveniently Be Examined in Court and Is Pulled from Vast Fields of Information

Osborne, 2017 U.S. App. LEXIS 59 (11th Cir. Jan. 4, 2017):  PER CURIAM: Appellant Damien Bernard Osborne challenges his conviction for armed bank robbery, following a three-day jury trial. He raises arguments that the district court improperly admitted two categories…
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RICO: Non-Specific Allegations of Relationship and Continuity Fail to Plausibly Allege Pattern — No Conspiracy If No Substantive Violation — Diversity: No Right to Have Jury Determine Domicile

Yagman v. Gabbert, 2017 U.S. App. LEXIS 5019 (9th Cir. Mar. 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-Appellant Stephen Yagman appeals the district court's…
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Spoliation — No Adverse Inference Instruction for Video Recorded over in Ordinary Course of Business Where It Did Not Depict the Relevant Incident and Opponent Failed to Issue a Timely Request for Production [or Preservation] of It (Pre-37(e))

Parrish v. Dollar Gen. Corp., 2017 U.S. App. LEXIS 3568 (6th Cir. Feb. 27, 2017): This case involves the review of three decisions by the trial court: a denial of a motion to continue because of alleged nondisclosure of a…
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Judicial Notice of Internet Evidence — Court May Take Judicial Notice of Proceedings in Other Courts — Document Posted on Government Website Is Presumptively Authentic If Government Sponsorship Can Be Verified by Visiting the Website Itself

Bowmanv. Fister, 2016 U.S. Dist. LEXIS 152569 (E.D. Ky. Nov. 3, 2016): Vivian Janet Bowman is a resident of Lexington, Kentucky. Proceeding without counsel, Bowman has filed a civil complaint against defendants Rhonda Fister and the Fayette County Public School…
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Internet Evidence — Website of Parent Can’t Be Attributed to Subsidiary under Rule 801(d)(2)(D) Absent Showing That Parent Was Sub’s Agent & Statements Were Made within the Scope of the Agency

Venegas v. Globa Aircraft Serv., Inc., 2016 U.S. Dist. LEXIS 130164 (D. Me. Sept. 23, 2016): Before the Court is the Defendants' joint motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 100). For 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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