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: Claim Lawyer Conspired with Client Requires More Than Awareness of Opponent’s Allegations (Good Quotes) — Mere Association with Conspirators Isn’t Agreement — Willful Blindness = Subjective Belief Plus Steps to Avoid Truth

Domanus v. Locke Lord LLP, 2017 U.S. App. LEXIS 1736 (7th Cir. Jan. 31, 2017): If the allegations in the supplemental complaints filed in this case are to be believed, the defendant law firms and lawyers were involved in a…
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Rule 11 — Is Substantial Compliance with the Separate Motion Requirement of Rule 11(c)(2) Sufficient? — Only in the 7th Circuit and Only Sometimes (Not Here) — Circuit Split, with All Other Circuits Always Requiring an Actual Separate Motion

N. Ill. Telecom, Inc. v. Riffner, 2017 U.S. App. LEXIS 4321 (7th Cir. Mar. 10, 2017): JUDGES: Before WOOD, Chief Judge, and POSNER and HAMILTON, Circuit Judges. POSNER, Circuit Judge, dissenting. OPINION BY: HAMILTON This appeal pivots on the procedural…
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§ 1927 Sanctions — No Bad Faith Required in Sixth Circuit (Circuit Split) — Lawyer Need Only Objectively Fall Short of The Obligations Owed to the Court, Causing Additional Expense to Adversary

Knopf v. Elite Moving Sys., 2017 U.S. App. LEXIS 1524 (6th Cir. Jan. 25, 2017): Attorney Stuart Sandweiss represented Meyer Knopf in a suit against Elite Moving Systems after Knopf's belongings were damaged during a move from California to Michigan…
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State Res Judicata Rules Determine Whether RICO Action Precluded by Prior State Court Judgment on Same Claims — Noerr-Pennington Protects Lawyers Absent Factual Allegations Establishing Sham Exception

Alers v. Bank of Am., N.A., 2016 U.S. App. LEXIS 21117 (9th Cir. Nov. 23, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Alejandro Alers, Sr. appeals…
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RICO: If Pattern Exists, Only One Predicate Act Need Cause Injury — Paying Assistant to Compile Records Responding to Fraudulent Claim = Injury — Multiple (Generic) RICO Issues Establish Commonality for Class Certification Purposes

Just Film, Inc. v. Buono, 2017 U.S. App. LEXIS 2164 (9th Cir. Feb. 7, 2017): Plaintiffs-Appellees are small businesses and small business owners who leased "point of sale" credit and debit card processing equipment. They allege that Defendants-Appellants (the "Leasing…
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Does Federal or State Law Govern Waiver of Arbitration or Forum Selection Clause? (Uncertain) — Test for Waiver — Fed Law Governs Enforceability, State/Chosen Law Interpretation — Error to Deny Timely 1st Motion to Amend Not Shown to Be Moot

SGIC Strategic Global Inv. Capital, Inc. v. Burger King Europe GMBH, 2016 U.S. App. LEXIS 18304 (5th Cir. Oct. 10, 2016): This case arises from a series of disputes over Burger King franchises located in Germany. The district court granted…
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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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