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

Adverse Inference against Client Based on His Lawyer’s Invocation of Fifth Amendment — No Claim in NY for Harm to C Based on A’s Deception of B and B’s Action in Reliance, But C Has Claim If B Conveyed the Misstatement & C Relied on It Directly

Amusement Indus., Inc. v. Stern, 2016 U.S. Dist. LEXIS 163036 (S.D.N.Y. Nov. 10, 2016): Plaintiff Amusement Industry, Inc. ("Amusement") moves for summary judgment as against defendant Moses Stern. In a report and recommendation dated August 10, 2016 [DI 862] (the…
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RICO — Failure to Identify Each Defendant’s Racketeering Activity, Treating All Defendants As a Single Entity, Fails to Satisfy 9(b) — Conclusory Allegations of Non-Fraud Predicates May Render Complaint Unintelligible

Transatlantic, LLC v. Humana, Inc., 2016 U.S. App. LEXIS 20264 (11th Cir. Nov. 10, 2016): PER CURIAM: Transatlantic, LLC, appeals the dismissal of its third amended complaint against Humana, Inc., Humana Insurance Company, Humana Health Insurance Company of Florida, Inc.,…
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Judicial Notice of Internet Evidence on 12(b)(6) Motion — Defendant’s Website — Current and Older Versions as Displayed on Wayback Machine Based on Complaint’s Reference to Website

Galanis v. Starbucks Corp., 2016 U.S. Dist. LEXIS 142380 (N.D. Ill. Oct. 14, 2016): Memorandum Opinion and Order Steven Galanis alleges that Starbucks deceives its customers by misrepresenting the volume of its cold drinks because much of the volume is …
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No Rule 11/Inherent Power Sanctions Where Law Unsettled, Lower Courts Agreed — No Attorney’s Fees for Pro Se — Mere Misstatement ≠ Bad Faith — Court Always Has Jurisdiction over Bond — Failing to Object ≠ Invited Error

City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 2016 U.S. App. LEXIS 21310 (11th Cir. Nov. 29, 2016): Fane Lozman, proceeding pro se, appeals the district court's judgment and several orders in…
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Emails between Prospective Partners Not Business Records Where No One Was Responsible for Keeping Them, It Was Unclear Which Were Required or Who Was Custodian — Use of “Indentured Servitude” on Summation OK

Queen v. Schultz, 2016 U.S. App. LEXIS 23479 (D.C. Cir. Dec. 9, 2016): This appeal was considered on the record from the United States District Court for the District of Columbia, and briefed and argued by counsel. The Court has…
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Texts Sent=Admissions, Received=Context — Facebook Posts Authenticated by Nickname, DOB, Residence, Email Addresses, Photos (Which Also Appear on Owner’s Phone), FB Application and Contents — Corroborative vs. Cumulative Evidence

United States v. Lewisbey, 843 F.3d 653 (7th Cir. Dec. 9, 2016): David Lewisbey was a Chicago-based gunrunner who used a fake Indiana I.D. to buy guns at Indiana gun shows and bring them back to Illinois to sell. He …
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Docs [Emails] Created by Adversary & Produced=Admissions, Even If Not Business Records — Sham Affidavit Rule: Inconsistency Going to Credibility Not Necly Sham — Summary Judgment: Conclusory Affidavits Ignored; More Leeway Given to SJ Opponent

Daniels v. Tex. Dept. of Transp., 2016 U.S. Dist. LEXIS 171017 (E.D. Tex. Dec. 10, 2016): MEMORANDUM OPINION AND ORDER Pending before the Court are Defendants Texas Department of Transportation's ("TxDOT") and Executive Director James M. Bass's, in his official…
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Sanctions: District Court May Not Award Appellate Fees Absent Statutory Authorization, Except for Interlocutory Appeal If Prevailing Party Later Wins Below — Even If District Court Proceedings Frivolous, Appeal May Not Be — $17 Million FCA Award

In re Natural Gas Royalties Qui Tam Litig., 2017 U.S. App. LEXIS 142 (10th Cir. Jan. 4, 2017): This is the second appeal in a qui tam case lasting over 20 years and initially involving more than 300 natural gas…
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Text Message Authentication: Mere Proximity to Phone, Absent Proof of Ownership or Linkage to Content of Texts or Other Circumstantial Evidence Linking Alleged Owner to Messages, Insufficient to Authenticate

Garnett v. Commonwealth, 2016 Va. App. LEXIS 361 (Va. Ct. App. Dec. 20, 2016): *   Pursuant to Code § 17.1-413, this opinion is not designated for publication. Terrell Dewayne Garnett appeals an order convicting him of possession with intent to…
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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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