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

Spoliation of Tangible Evid. — Adverse Inference Instruction Requires Intentionality & Prejudice (8th Cir.) — Court Must Make Findings on the Record — Plain Error If No Objection to Instructions — Failure to Appeal Again after R. 59 Motion Denied

Lincoln Composites, Inc. v. Firetrace USA, LLC, 2016 U.S. App. LEXIS 10346 (8th Cir .June 8, 2016): Firetrace USA, LLC (Firetrace) appeals the district court's1 denial of its Federal Rule of Civil Procedure 59 motion for new trial or remittitur,…
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Arbitration: A Reasoned Award Is A Simple Result; Need Not Delve Into Every Argument — A Claim Arbitrators Exceeded Their Authority Is Judged Under the “Barely Colorable Justification” Standard

Leeward Constr. Co. v. American Univ. of Antigua – College of Medicine, 2016 U.S. App. LEXIS 11570 (2d Cir. June 24, 2016): American University of Antigua-College of Medicine ("AUA") appeals from the March 26, 2013 memorandum opinion and the March…
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Rule 37(c) Sanctions — Are Attorney’s Fees for Lawyer Not Admitted Pro Hac Vice Recoverable? (Circuit Split) — Only Paralegal Tasks Traditionally Performed by Lawyers Generate Recoverable Fees — Local Rates Govern

Warder v. Shaw Grp., Inc., 2016 U.S. Dist. LEXIS 81822 (E.D. La. June 23, 2016): On March 16, 2016, this Court heard oral argument on Shaw Environmental, Inc.'s Second Motion to Compel [Doc. #200] and Shaw Environmental, Inc.'s Motion for…
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Arbitration — Is It for the Court or Arbitrators to Decide Whether Claim Can Proceed as a Class Claim? — Circuit Split — Incorporation of AAA Rules Dictates Conclusion That Arbitrators Decide

III. Availability of Class Arbitration Hedrick v. BNC Nat’l Bank, 2016 U.S. Dist. LEXIS 64679 (D. Kan. May 16, 2016): Plaintiff argues that the question of whether his claim can proceed to arbitration as a class claim is a procedural…
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Facebook Admissibility — Reversible Error to Exclude Printout of Authenticated Facebook Messages Even Though Testimony about Them Was Permitted — A Basic Principle of Evidence Law Is That What Is Relevant Is Generally Admissible (Good Quote)

People v. Nunn, 2016 IL App (3d) 140137-U; 2016 Ill. App. Unpub. LEXIS 957 (Ill. Ct. App. May 16, 2017): [*P1]  Held: In a felony murder case in which defendant claimed that the trial court erred in refusing to admit…
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Supreme Court: RICO — § 1962(b) & (c) Extend Extraterritorially ((a) Maybe Not, (d) Maybe So), Depending on Predicates, But Civil Claim Requires Domestic Injury —- Locus of Enterprise Irrelevant; Pattern Is Determinative

RJR Nabisco, Inc. v. European Community, 2016 U.S. LEXIS 3925 (U.S. June 201, 2016): The Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§1961-1968, created four new criminal offenses involving the activities of organized criminal groups in relation 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

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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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