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

Inherent Power Sanctions: Plaintiff’s Testimony That He Visited & Photographed Premises, When In Fact His Lawyer Did, Leading to over 100 Revisions on Dep Errata Sheet = Bad Faith, Leads to Dismissal

Vogel v. Tulaphorn, Inc., 2016 U.S. App. LEXIS 2916 (9th Cir. Feb. 17, 2016): Martin Vogel and his attorney Lynn Hubbard III appeal the district court's order granting terminating sanctions.1 We affirm. 1   Vogel additionally appeals the district court's orders…
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Wayback Machine — Rejecting Multiple Arguments Against Admissibility — Accepting Butler’s Testimony & Taking Judicial Notice — Even If Wayback Machine Doesn’t Always Capture All Info on a Site, It Never Adds Info That Wasn’t on the Site

Marten Transport, Ltd v PlattForm Advertising, Inc., 2016 U.S. Dist. LEXIS 57471 (D. Kan. Apr. 29, 2016): By this Memorandum and Order, the Court overrules defendant PlattForm's written objection to plaintiff Marten's designation of deposition testimony by Christopher Butler (Doc. …
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Sanctions: $75 Million Default Jmt for Discovery Violations — Jurisdiction vs Merits — If Court Has Jurisdiction, It Has Inherent Power to Impose Civil Contempt — Law of the Case on Appeal: Failure to Raise Issue on Prior Appeal = Waiver

Angiodynamics v. Biolitiec AG, 2016 U.S. App. LEXIS 8443 (1st Cir. May 6, 2016): Defendants, who violated a preliminary injunction, appealed the resulting civil contempt order entered by the district court. The contempt order included a civil arrest warrant and…
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Federal Court Clerks Have Absolute Quasi-Judicial Immunity from Damages when Performing Tasks Integral to the Judicial Process unless They Act in the Clear Absence of All Jurisdiction

Cobb v. JPMorgan Chase Bank N.A., 2015 U.S. App. LEXIS 2867 (9th Cir. Feb. 26, 2015): The district court properly dismissed Cobb's claims against the federal court defendants because they are entitled to quasi-judicial immunity. See Mullis v. U.S. Bankr.…
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RICO — Mere Expectation ≠ Business or Property — Hope of Collecting on Judgment If Suit Succeeds, Absent Non-Speculative Property Right to Collect from Defendant = Mere Expectation — Before RICO Default Judgment, Misconduct Not Actionable

Villoldo v. BNP Paribas S.A., 2016 U.S. App. LEXIS 7747 (2d Cir. April 26, 2016): Plaintiffs, default judgment creditors against the Republic of Cuba ("Cuba"), appeal from the dismissal of their civil Racketeer Influenced and Corrupt Organizations Act ("RICO") claims,…
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§ 1927 Sanctions Rejected for Defense Counsel’s Failure to Note Client’s Lack of Diversity for a Year — Issue Litigated in Interim Would’ve Been Litigated Somewhere — 1927 Is Permissive; Sanction May Be Denied Even If Criteria Satisfied

Bommkiasamy v. Parikh, 2016 U.S. App. LEXIS 5085 (7th Cir. Mar. 21, 2016): This appeal concerns a district court's decision to deny sanctions under 28 U.S.C. § 1927, the statute that authorizes fees to be imposed on lawyers who "unreasonably …
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Text Messages Received Relevant to Recipient’s State of Mind Even If Not Read — Declarations of Intent Admissible against Non-Declarant If Linked to Corroborative Evidence — 3d-Party Facebook Posts = Hearsay

Hopkins v. Nat’l RR Passenger Corp., 2016 U.S. Dist. LEXIS 57236 (E.D.N.Y. Apr. 29, 2016): In the early morning of July 9, 2006, Plaintiff Brian Hopkins was extremely intoxicated. (Id. at 2, 3.) At approximately 4:00 a.m., Hopkins climbed on…
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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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