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

District Judge’s Recusal and Disqualification Decisions Reviewed for Abuse of Discretion — Quasi-Judicial Immunity Extends to Attorney Disciplinary (Grievance) Committees in New York

Neroni v. Coccoma, 2015 U.S. App. LEXIS 1485 (2d Cir. Jan. 30, 2015): Frederick J. Neroni appeals from the district court's judgment dismissing his complaint brought under 42 U.S.C. § 1983 for violations of his constitutional rights and denying his…
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Waiver of Right to Compel Arbitration — Factors — The Key to a Waiver Analysis Is Prejudice (Good Quote) — Types of Prejudice: Substantive, Excessive Cost — No Waiver Absent Substantial Motion Practice or Discovery

Sutherland v. Ernst & Young, LLP, 2015 U.S. App. LEXIS 773 (2d Cir. Jan. 20, 2015):   We review [*2]  a district court's decision regarding waiver of a party's right to arbitrate de novo. Thyssen, Inc. v. Calypso Shipping Corp., S.A.,…
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Primary Jurisdiction Doctrine Limited to Issues of First Impression or That Are Particularly Complicated and Committed to Agency Discretion, and If Protections of Regulatory Scheme Dictates Preliminary Resort to Agency — Factors

Alvarado v. Bay Area Credit Serv., LLC, 2015 U.S. Dist. LEXIS 5646 (N.D. Cal. Jan. 16, 2015): "The primary jurisdiction doctrine allows courts to stay proceedings or to dismiss a complaint without prejudice pending the resolution of an issue within…
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First Amendment Bars Courts from Deciding Religious Questions, But Not Disputes Secular in Nature — RICO Claim Dependent on Resolution of Disputed Religious Question Precluded — Judicial Estoppel: Factors (Majority View)

Hutterville Hutterian Brethren, Inc. v. Sveen, 2015 U.S. App. LEXIS 523 (8th Cir. Jan. 13, 2015): This case publishes a new chapter in the legal struggle for control of Hutterville Hutterian Brethren, Inc. (Hutterville), a South Dakota religious nonprofit corporation …
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Judicial Notice of Internet Evidence — Party’s Financial Condition as Reflected in Its 10-K Retrieved from EDGAR Considered on Irreparable Harm Prong of Preliminary Injunction Application

Honeywell Int’l, Inc. v. N. Am Refractories Asbestos Personal Injury Settlement Trust (In re All Matters Related to N. Am. Refractories Co.), 2015 Bankr. LEXIS 4191 (Bankr. Dec. 16, 2015): Presently before the Court for decision following an extensive hearing,…
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District Court Cannot Grant Untimely Motion under Rule 59 — Circuit Split As to Whether Court May Consider an Amendment to a Timely Filed Motion After the Period Set Forth in Rule 59 — 59(e), 52(b) Factors — 59 vs. 60 Depends on Timing

Segundo v. Stephens, 2015 U.S. Dist. LEXIS 163432 (N.D. Tex. Dec. 7, 2015): On July 13, 2015, petitioner Juan Ramon Meza Segundo filed his "Motion under Federal Rules of Civil Procedure 59(e) and 60(a) to Amend and Correct Memorandum Opinion…
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Sanctions — Striking Answer for Filing False Third Party Decl. on a Motion OK Even If Adversary’s Case Not Decimated; Prejudice = Prying Info. from Deceitful Person (Good Quote) — Party Can’t Complain of No Hearing When It Didn’t Depose

Forsberg v. Pefanis, 2015 U.S. App. LEXIS 21402 (11th Cir. Dec. 11, 2015): After Evangelina Forsberg sued James Pefanis, her boss, for inappropriately touching her and making lewd comments in front of a coworker, Pefanis filed in his defense a …
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Supreme Court — Arbitration — Clause Incorporating State Law Barring Class Arbitration Void under FAA — State Law Can’t Treat Arbitration Contracts Different from Others — What State Law, If Any, Can Drafters Effectively Designate?

DirecTV, Inc. v. Imburgia, 2015 U.S. LEXIS 7999 (U.S. Dec. 14, 2015): The Federal Arbitration Act states that a "written provision" in a contract providing for "settle[ment] by arbitration" of "a controversy . . . arising out of" that "contract…
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Privilege — Crime-Fraud — Materials Must Be Intended to Further C/F — Intent vs. Effect — Violation of Ethics Waives Privilege Only As to Materials Generated by Violation — Overzealous Discovery Conduct ≠ Misconduct Waiving Privilege

In re GM LLC Ignition Switch Litig., 2015 U.S. Dist. LEXIS 159721 (S.D.N.Y. Nov. 25, 2015): This multi-district litigation proceeding ("MDL"), familiarity with which is presumed, relates to highly publicized defects in certain General Motors branded vehicles and associated vehicle…
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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

Archives
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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