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

Rule 11 Sanctions — Refiling Impertinent, Scandalous Allegations, Despite Warning, Violates 11(b)(1) — Refiling and Issuing Multiple Subpoenas Suggests Improper Purpose — No Rule 38 Sanctions If Chances Are Merely Slim

Marceaux v. Lafayette City-Parish Consolidated Govt., 2015 U.S. App. LEXIS 9540 (5th Cir. June 8, 2015): Plaintiffs are fifteen current and former officers of the Lafayette Police Department suing the local government, the department, and other officers and city officials…
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1st Circuit: Bankruptcy Court Has Inherent Power to Sanction (Circuit Split) — Bad Faith Not Always Needed — Punitive Non-Contempt vs. Contempt — Factors in Evaluating Court’s Discretion in Imposing Sanctions

In re Charbono (Charbono v. Sumski), 2015 U.S. App. LEXIS 10053 (1st Cir. June 15, 2015): This appeal poses the question of whether a bankruptcy court has inherent power to sanction parties for noncompliance with court orders. We hold that …
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Authentication of Map of Locations Based on Cell Phone Signals to Towers — Expert Testimony re Technology Plus Circumstantial Evidence Linking Phones to Owners at Relevant Times — Use of Names vs. Phone Numbers on Exhibit Upheld

United States v. Reed, 780 F.3d 260 (4th Cir. 2015): Four masked men committed a string of robberies around Alexandria and Arlington, Virginia, in December 2012. During the third and final robbery, the thieves took $60,411.15 from a credit union. …
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Sanctions — Appealability — Judicial Referral of Attorney Conduct to a Disciplinary Committee, Absent a Specific Finding of Misconduct by the Court, Is Not a Sanction and Is Not Appealable

Zente v. Credit Mgmt., LP, 2015 U.S. App. LEXIS 10063 (5th Cir. June 15, 2015): Albeit in the name of Plaintiff-Appellant Joseph Zente, his attorney, Sergei Lemberg, appeals the district court's referral of his conduct to the disciplinary committee of …
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Rule 11: Failure to Address Controlling Decision Issued Post-Filing/Pre-Dismissal Brief Warrants Sanctions — FRAP 38 Sanctions Imposable, But Denied, for Rehashing Arguments from Below without Addressing District Court’s Conclusions

Duncan v. CitiMortgage, Inc., 2015 U.S. App. LEXIS 10111 (11th Cir. June 16, 2015): Appellants Brendalynne and Tyrone Duncan appeal the district court's grants of motions to dismiss filed by Appellees Citimortgage, Inc., Pendergast & Associates, P.C., Howell A. Hall,…
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RICO & Res Judicata — Continuation of Same Activity at Issue in Prior Action Doesn’t Raise New or Independent RICO Claim — Test Isn’t Whether New Facts Occurred after Judgment But Whether Material Facts, Witnesses, Docs Are the Same in Both Suits

Foster v Denenberg, 2015 U.S. App. LEXIS 9644 (3d Cir. June 10, 2015): Frederick Foster appeals from an order of the District Court dismissing his complaint. For the reasons that follow, we will summarily affirm. Foster filed suit in 2010…
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§ 1927 Sanctions Affirmed for Issuing Trial Subpoena after Court Has Precluded Deposition of Same Apex Witness and While Motion to Compel Witness’s Attendance at Trial Is Pending

Wagner v. Gallup, Inc., 2015 U.S. App. LEXIS 9856 (8th Cir. June 12, 2015): Rodd Wagner appeals various district court decisions, the sum total of which limited matters of discovery, imposed sanctions on Wagner's attorney and ultimately dismissed Wagner's age…
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Facebook Post Authenticated by Its Content, Timing, Appended Name, Witness Testimony She Recognizes Page as Alleged Author’s & Fact Page Is Password Protected — There Are as Many Ways to Try a Case as There Are Trial Lawyers (Good Quote)

State v. Fawver, 2015 Wash. App. LEXIS 1208 (Wash. Ct. App. June 9, 2015): Corey Fawver challenges his convictions for first degree burglary and second degree assault, alleging both that his counsel's performance was flawed and the evidence did not…
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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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