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

Is a Venue Transfer Pursuant to 28 U.S.C. § 1631 Permitted for Lack of Personal Jurisdiction or Only for Lack of Subject Matter Jurisdiction? — Circuit Split — Factors Governing Transfer under § 1631

Companion Prop. & Cas. Ins. Co. v. U.S. Bank N.A., 2016 U.S. Dist. LEXIS 158389 (D.S.C. Nov. 16, 2016): 17   In response to the motion to dismiss his fourth-party complaint, Burns requests, in the event the court concludes that it…
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RICO: § 1964(c), Like Most Statutes, Doesn’t Create Private Contractual Right against Government (It’s Not an “Offer” a Plaintiff Can “Accept” by Filing Suit, Such That Dismissal = Breach) — Dismissal of RICO Claim ≠ Taking

Julian v. United States, 2016 U.S. App. LEXIS 14233 (Fed. Cir. Aug. 4, 2016): Plaintiffs Christopher B. Julian and Renee G. Julian filed suit in the United States Court of Federal Claims alleging that the government breached an implied contract …
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Emails Produced by Entity and Bearing Its Bates Numbers Are Authentic When Offered by Opponent — Emails That Could Be Rendered Admissible at Trial OK on Summary Judgment Per Rule 56(c)(2) — Emails as Admissions of Party Opponent, Business Records

Musket Corp. v. Suncor Energy (USA) Mktg., Inc., 2016 U.S. Dist. LEXIS 157664 (S.D. Tex. Nov. 15, 2016): Pending before the court are (1) plaintiff Musket Corporation's ("Musket") objections to and motion to strike defendant Suncor Energy (U.S.A.) Marketing, Inc.'s…
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Is Prudential Standing Jurisdictional and Immune from Waiver? — Circuit Split — Can Prudential Standing Be Divorced from Constitutional Standing & Assessed As a Non-Jurisdictional Issue Under Rule 12(b)(6)? (Raised but Undecided)

Martinez v. Bank of Am., N.A., 2016 U.S. App. LEXIS 20219 (3d Cir. Nov. 9, 2016): Appellant Gelver Martinez appeals from orders of the District Court dismissing his complaint and denying his motion for reconsideration. We will affirm. I. This…
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Inherent Power — Bankruptcy Court Has Inherent Power to Sanction Litigation Abuse & Broad Equitable Powers under § 105 But Cannot Deny a Statutory Exemption Based on Debtor’s Bad Faith Conduct

Clabaugh v. Grant (In re Grant), 2016 U.S. App. LEXIS 17139 (10th Cir. Sept. 20, 2016): *   After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs…
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Grable Jurisdiction: Reliance on FAA Regs in Negligent Aircrash Case Insufficient — Removal: Only Complete Preemption Is a Ground for Removal, Not Ordinary Preemption — 3 Types of Ordinary Preemption

Bagley v. Teirstein, 2016 U.S. Dist. LEXIS 138601 (S.D. Cal. Oct. 5, 2016): The matter before the Court is the motion to remand (ECF No. 18) filed by Plaintiff James Bagley. I. Background On September 15, 2015, Plaintiff James Bagley …
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Voicemail Authentication — Recipient Recorded VMs on Cassette Tape Recorder & Testifies They Were Not Altered Before Recording Made & Content Is Same As He Heard When Listening to VMs Originally — Multipart 3d Cir. Authentication Test (Criminal Cases)

United States v. Credico, 2016 U.S. Dist. LEXIS 157640 (E.D. Pa. Nov. 14, 2016): Defendant Justin Michael Credico is charged with making threats to law enforcement officers and their families in violation of 18 U.S.C. §§ 115(a)(1)(A) and (B). On…
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Arbitration — Excess Insurer/Reinsurer with Follow-Form Policy May Not Participate in Arbitration under Primary Policy (No Agreement to Arbitrate with It) — Whether Arbitration Clause Is Valid or Applicable Is Question for Court, Nor Arbitrators

State of Wis. Local Govt. Prop. Ins. Fund v. Lexington Ins. Co., 2016 U.S. App. LEXIS 18980 (7th Cir. Oct. 21, 2016): This dispute arises from the 2013 fire at the Milwaukee County Courthouse (the "Courthouse"). Milwaukee County (the "County")…
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New York State Spoliation Law — Adverse Inference OK for Negligence — Lack of Lit. Hold ≠ Gross Negligence Per Se — Ct. App. Not Bound by App. Div.’s Characterization in Certification Order

Pegasus Aviation I, Inc., v. Varg Logistica S.A., 26 N.Y.3d 543, 46 N.E.3d 601, 26 N.Y.S.3d 218 (2015): A party that seeks sanctions for spoliation of evidence must show that the party having control over the evidence possessed an obligation …
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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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