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

Arbitration — Refusal to Grant Continuance Sought by Both Parties Not Per Se Ground for Vacatur under FAA §10(a)(3) (vacatur for “misconduct in refusing to postpone the hearing”) — Arbitrator May Consider Own Convenience & Need for Expedition

CM S.E. Texas Houston, LLC v. CareMinders Home Care, Inc., 2016 U.S. App. LEXIS 18218 (11th Cir. Oct. 7, 2016): PER CURIAM: CareMinders Home Care, Inc. appeals the district court's confirmation of an arbitration award in favor of plaintiffs CM …
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Inherent Power Sanctions — Failure to Provide Opportunity to Be Heard Requires Vacatur of Sanction (Dismissal of Prisoner Action after Shard of Glass Found in Envelope to Court But Prisoner Denies Responsibility)

Birdo v. Urbanosky, 2015 U.S. App. LEXIS 18632 (7th Cir. Oct. 23, 2015): Kevin Birdo, an Illinois inmate, broke a finger in August 2012. By his account the prison medical staff waited three weeks before treating the injury and then,…
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Judicial Notice of Internet Evidence — Email Referred to in Complaint — Extensive Reliance on Wikipedia and Investopedia for Understanding of Complex Financial Instruments and Transactions in Deciding In Limine Motion

SEC v. Goldstone, 2016 U.S. Dist. LEXIS 72648 (D. N.M. June 3, 2016): MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Plaintiff Securities and Exchange Commission's Motion in Limine Regarding KPMG, filed March 17, 2016 (Doc. 390)("Motion"). …
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Sanctions — 7th Circuit Overrules Precedent, Holds Non-Monetary Sanction Appealable — Itemizes Harms from Findings — Absence of Appellee Doesn’t Affect Appealability — Settlement of Attorney’s Fees Doesn’t Moot Sanctions

Martinez v. City of Chicago, 823 F.3d 1050 (7th Cir. 2016): The principal question presented by this appeal is whether an order by a district court imposing a sanction on a lawyer for misconduct in a case before the court …
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Removal: Second Removal Notice May Be Entertained Only If There Has Been a Change of Circumstances Such That It Is Based on a New and Different Ground — Does This Rule Apply in CAFA Cases?

Taylor v. Cox Commc’ns Cal., LLC, 2016 U.S. Dist. LEXIS 65656 (C.D. Cal. May 18, 2016): I. INTRODUCTION AND BACKGROUND This wage-and-hour class action was filed by Plaintiff Bill Taylor against Defendants Cox Communications California, LLC and Cox Communications, Inc.…
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Inherent Power Sanctions — Barring Victim Who Defrauded Court-Supervised Settlement Fund from Collecting More and Ordering Return of All Received — Opportunity to Respond in Writing Satisfies Due Process — Implicit Inherent Power Sanction

In re Deepwater Horizon, 2016 U.S. App. LEXIS 6468 (5th Cir. Apr. 8, 2016): In 2014, Special Master Louis J. Freeh filed a motion with the district court overseeing the Deepwater Horizon settlement fund to have Capt Jay, LLC, and…
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RICO: Pyramid Scheme Is Per Se a Predicate Act — Foreseeability & Inference-Based Causation Theories — Class Actions: Plaintiff Needn’t Show Reliance on Mail Fraud, So No Individual Issues Preclude Finding Predominance

Torres v. S.G.E. Mgmt., LLC, 2016 U.S. App. LEXIS 17746 (5th Cir. Sept. 30, 2016) (en banc): The Plaintiffs-Appellees brought a civil action under the Racketeer Influenced [*3]  and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, alleging that Stream…
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Judicial Notice of Internet Evidence — Postings on FDA Website: Materials Submitted to FDA as Required by Law, FDA Approval, Studies Cited in Complaint — Consideration Doesn’t Convert 12(b)(6) into Summary Judgment Motion

Caton v. Stryker Sustainability Solutions, Inc., 2015 U.S. Dist. LEXIS 181033 (C.D. Cal. May 12, 2015): Proceedings (In Chambers): Order GRANTING IN PART and DENYING IN PART Motion to Dismiss Before the Court is Defendants Corin Group PLC and Corin …
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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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