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 Order Not Final and Appealable Until Amount of Award Is Fixed — Where Leave to Amend Complaint Requested Only Informally in Brief, Court May Deny Request Implicitly by Not Addressing It

Corsini v. Condé Nast, 2015 U.S. App. LEXIS 7785 (2d Cir. May 12, 2015): IV. Rule 11 Sanctions Corsini argues that the district court abused its discretion in granting the Belkin defendants' motion for Rule 11 sanctions, because that motion …
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Facebook Messages Authenticated by Recipients Who Set Up Fake Facebook Accounts to Draw Admissions from Sender — Sender’s ID Confirmed by Use of Rap Name, Fact That His Relatives and Friends Were Facebook Friends, and from Contents of Messages

Cotton v. State, 2015 Ga. 362, (Ga. Sup. Ct. June 1, 2015): Dustin James Cotton was tried by a Clayton County jury and convicted of murder and other crimes in connection with the fatal stabbing of Tyriss Turner. Cotton appeals,…
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Text Authentication — Party Possessed Phone, Witness Texted Phone Number, Witness’s Cell Ties Number to Party’s Name, Party Acted Per Earlier Texts, Witness Called Number 6 Hours after Texts & Party Answered — Affirmed on Other Grounds

People v. Sissac, 2015 Cal. App. Unpub. LEXIS 1504 (Cal. Ct. App. Mar. 3, 2015): The San Diego County District Attorney charged Demetrius Sissac with first degree, special circumstance murder (Pen. Code, 187, subd. (a)) in connection with the October …
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YouTube Video of Defendant Rapping about Crimes Unfairly Prejudicial When Offered to Prove Intent or Motive to Participate in Different Sort of Crime Committed Many Months Later

People v. Foster, 2015 Mich. App. LEXIS 1012 (Mich. Ct. App. May 19, 2015): Defendant, Tamaine Lamanual Foster, appeals as of right his jury trial convictions of first-degree felony murder, MCL 750.316(1)(b); armed robbery, MCL 750.529; being a felon in…
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LinkedIn Authentication: Merely Downloading Ostensible Social Media Profile and Offering It, without More, Fails to Authenticate It, Which Also Renders Its Contents Hearsay

Lindschei v. Natus Med. Inc., 2015 U.S. Dist. LEXIS 40255 (N.D. Ga. Mar. 30, 2015): Plaintiffs [*14]  also object to the Court's consideration of exhibits attached to the declarations: a document purporting to be Plaintiff Blades's resume from Indeed.com (attached…
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Is the Cost of Bates Stamping Taxable under 28 U.S.C. § 1920? Circuit Split — Video Dep Fees Taxable If Incurred Close to Trial, for Unavailable Witnesses — Cost of Burning Docs onto Disk Taxable under 2008 Amendment

Azdel v C&D Zodiac, Inc., 2015 U.S. Dist. LEXIS 39329 (W.D. Va. Feb. 18, 2015): a. Videographer Fees C&D first seeks costs for obtaining video recordings of the depositions of witnesses who could not be subpoenaed and would not voluntarily…
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“Witnesses Cannot Refuse to Answer Questions Merely Because They Choose Not to — There Is No Opt-Out Box on a Subpoena” — Judicial Options, from Pillow to Sledgehammer — Judge Must Actually Exercise Discretion — Good Quotes

Barnett v. Norman, 2015 U.S. App. LEXIS 5145 (9th Cir. Mar. 31, 2015): Prisoner Troas Barnett appeals a jury verdict that rejected his pro se § 1983 claims of excessive force by prison guards. On appeal and now with assistance…
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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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