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

Handwriting Expert Testimony Inadmissible — Sanctions: Lawyer May Rely on Client without Assessing Credibility; Improper to Impose $ Sanctions on Destitute Party; Dismissal for Fraud on Court — Statute of Frauds vs. Unjust Enrichment

Almeciga v. Ctr. for Investigative Reporting,Inc., 2016 U.S. Dist. LEXIS 60539 (S.D.N.Y. May 6, 2016): Before the Court is the motion of defendant Center for Investigative Reporting, Inc. ("CIR"), for judgment on the pleadings, as well as CIR's Rule 11…
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Breach of Contractual Promise = Mail/Wire Fraud Only If No Intent to Perform at Signing — Later Willful Breach Not Enough — Deception Outside 4 Corners (E.g., to Hide Breach) May Be Enough — Silence Suffices If Duty to Speak

U.S. ex rel. O’Donnell v. Countrywide Home Loans, Inc., 2016 U.S. App. LEXIS 9365 (2d Cir. May 23, 2016): When can a breach of contract also support a claim for fraud? This question–long an issue in common-law courts–comes before us…
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RICO — Association Standing: 3-Part Test — Medical Societies Lack Standing to Sue Even for Injunctive and Declaratory Relief for RICO Violations: The Relief Requested Requires Participation of Their Members

Franco v. Conn. Gen. Life Ins. Co., 2016 U.S. App. LEXIS 7886 (3d Cir. May 2, 2016): I. These consolidated appeals have three sets of Appellants. First, there are those Appellants who are participants in employer-sponsored health care plans administered…
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§ 1927 Sanctions — Where Court Orders § 1927 Sanctions on Motion and Movant Does Not Oppose Vacatur of Award of Movant’s Own Costs and Fees, Award Should Be Vacated (Reversing Refusal to Do So)

Coniglio v. Chesapeake Exploration LLC, 2016 U.S. App. LEXIS 8871 (6th Cir. May 12, 2016): Attorneys from the law firm Tzangas, Plakas & Mannos, Ltd. ("TPM") appeal the district court's order imposing 28 U.S.C. § 1927 sanctions for vexatious multiplication …
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CAFA Removal — Plaintiff Always Has Art. III Standing to Fight Removal — CAFA Remand Motion Not Subject to 30-Day Deadline of §1447(c) — 52 Days OK — Not All Defendants Are “Primary” — OK to Drop Fed Claims to Return to State Court

Watson v. City of Allen, Tex., 2016 U.S. App. LEXIS 8367 (5th Cir. May 5, 2016): This putative class action challenges the use of red light cameras within Texas and, more specifically, the legislation authorizing such cameras. The case was …
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RICO — Open-Ended Continuity Shown by Evergreen Contract (Alone, Not Enough) + Defendants’ Perpetrating Same Scheme on 2d Victim (Different Scheme Irrelevant) — Lack of Continuity Not Shown by Interruption Due to Fortuitous Discovery

Kalitta Air, LLC v. GSBD & Assocs., 591 F. App'x 338 (6th Cir. 2014): A company contracted to buy jet fuel for its air-cargo business from a supplier that allegedly touted its ability to discount the price through its connections …
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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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