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

Attorney-Client Privilege and Appealability: (1) Viability of Perlman Doctrine (Allowing Non-Party to Appeal Discovery Order) Is Unclear After Mohawk, But Party-Sought Review of Privilege Ruling Is Clearly Not Permitted; (2) Opinion Work Product Enjoys Nearly Absolute Immunity But Is Subject to Crime-Fraud Exception; (3) Crime Fraud Factors (4th Cir.): (i) Client Was Engaged In Or Planning Crime When Seeking Counsel, and (ii) The Privileged Materials Bear A Close Relationship to The Scheme; (4) Burden of Proof Less Than Preponderance — Simply Must Subject Opposing Party to Risk of Non-Persuasion If Unrebutted; (5) Client Waives Privilege By Testifying for Lawyer in Bar Proceedings; (6) Once Case Settled, Client’s Interest in Work Product Protection Is Not A Compelling Reason to Deny Discovery; (7) Good Quote: “Certainly, A District Court Does Not Clearly Err When Relying On Sworn Statements Over Negotiation-Driven Puffery”

Under Seal 1 v. United States (In re Subpoenas.), 2023 U.S. App. LEXIS 31137 (4th Cir. Nov. 22, 2023): Opinion Appellant John Doe is a medical malpractice attorney. While representing a client, Jane Roe, he engaged in settlement negotiations with…
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Section 1927 Sanctions: (1) No Bad Faith Required—Intentionality or Knowing Disregard Suffice (Sixth Circuit); (2) Filing Complaint Collaterally Attacking Prior Appellate Decision Unreasonably and Vexatiously Multiplied the Proceedings; (3) Lump Sum Award of $5,000 under § 1927 Affirmed

Jones v. Hamilton Cnty., 2023 U.S. App. LEXIS 29975 (6th Cir. Nov. 8, 2023) (unpublished): PER CURIAM. Lucinda Jones, an attorney proceeding pro se, appeals the district court’s judgment that dismissed her amended complaint against Circuit Judge David W. McKeague,…
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(1) Section 1927 Sanctions Precluded by Denial of Summary Judgment; (2) Filing of Complaint Found Meritless on Appeal Not Automatically Sanctionable under § 1927 (Sixth Circuit); (3) Post-Judgment Rule 11 Motion Fails for Failure to Provide 21-Day Safe Harbor

CAN IV Packard Square, LLC v. Schubiner, 2023 U.S. App. LEXIS 30292 (6th Cir. Nov. 14, 2023) (unpublished): ORDER Craig Schubiner, a pro se New York resident, appeals the district court’s order denying his post-judgment motion for sanctions against Can…
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Inherent Power Sanctions: (1) Bad Faith in Manufacturing Personal Injuries Supposedly Caused by Accident—By Lying to Doctors, Court, Opponent And Plaintiff’s Own Counsel—Warranted Dismissal of All Non-Economic Damages Claims; (2) Proper under Goodyear v. Haeger to Award All Attorney’s Fees Incurred in Defending Action Initiated in Bad Faith; (3) Tenth Circuit Factors Governing Dismissal for Discovery Misconduct; (4) “The Lodestar Calculation Produces a Presumptively Reasonable Fee” (Good Quote); (5) Furnishing Business Records Certification Just Prior to Trial Violates Fed. R. Evid. 902(11) Requirement That Opponent Be Given “A Fair Opportunity to Challenge” The Certification and Record

Stetson v. Edmonds, 2023 U.S. App. LEXIS 30361 (10th Cir. Nov. 15, 2023) When a party to litigation seeks to intentionally deceive the court and its adversary, a district court may issue reasonable sanctions and require the deceitful party to…
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Experts: “Post Hoc, Ergo Propter Hoc Is Neither A Rule Of Legal Causation,, Nor Typically A Sufficient Methodological Basis For An Expert Opinion On Causation” (Good Quote) – Medical Testimony on Diagnosis vs. Etiology (Cause of Symptoms vs. Cause of Disorder)

Finley v. Mora, 2023 U.S. App. LEXIS 30407 (6th Cir. Nov. 14, 2023): While attempting to park his tractor-trailer at a rest stop, Manuel Mora collided with Jake Finley’s already-parked tractor-trailer. Finley sued Mora and Nina Transport, Inc.,1 Mora’s…
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(1) Experts: 701 vs. 702 Testimony — Business Owner/Officer May Offer Lay Opinion of Value or Future Profits Based on Particularized Knowledge Derived from Position And Straightforward, Common Sense Calculations — (2) CFO’s Testimony Based on Previous Professional Experience Creating Budget Forecasts and Utilizing Complex, Sophisticated Formulas Improperly Admitted Under 701, Constituted 702 Testimony — (3) Contract Interpretation: A Broad Heading Cannot Override the Specific Language of a Particular Clause — (4) If Appellant Does Not Challenge Trial Court’s Alternate Ground for Its Ruling, Appellate Court May Affirm

Lambland, Inc. v. Heartland Biogas, LLC, 2023 U.S. App. LEXIS 25502 (10th Cir. Sept. 27, 2023) (unpublished) ORDER AND JUDGMENT* At its most basic level, this case involves a breach of contract and the resulting damages. But to determine…
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Contract Formation Online — When Is A Customer Bound by Unread/Unclicked-On Terms And Conditions? — 2-Part Test: Inquiry Notice & Unambiguous Manifestation of Consent — What Is A “Reasonably Prudent” Internet User? — When Is That Person on Inquiry Notice? — What Constitutes An Unambiguous Manifestation of Consent?

Edmundson v. Klarna, Inc., 2023 U.S. App. LEXIS 29285 (2d Cir. Nov. 3, 2023): Defendant-appellant Klarna, Inc. (“Klarna”) provides a “buy now, pay later” service that allows shoppers to buy a product and pay for it in four equal installments…
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Recent Articles

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

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

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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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