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

Arbitration Award Not Reviewable for Legal or Factual Errors, Only FAA §10(a) Grounds — Vacatur for Exceeding Powers Requires Decision on Unsubmitted Issue Or Irrational Award — Meaning of Manifest Disregard, If It Survives

PNY Techs. v. Netac Tech. Co., 2020 U.S. App. LEXIS 4003 (10th Cir. Feb. 10, 2020): *** "On appeal from a district court's ruling on a motion to confirm or vacate an arbitration [*4]  award, we review its legal conclusions…
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Judicial Notice of Internet Evidence: 12(b)(6) Motion: While Doctrine of Completeness Applies to Docs Fraud Claims Are ”Based On”, It Doesn’t Apply If Doc. Merely Cited in Complaint — No Notice of Def. Corp’s Own Website

Sturgeon v. Pharmerica Corp., 2020 U.S. Dist. LEXIS 21935, 2020 WL 586978 (E.D. Pa. Feb. 5, 2020) (note: a different portion of this Opinion is excerpted in our Feb. 10, 2020 post): Relators Lena Sturgeon, Anthony Ferrante, Anthony Sciole,…
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Judicial Notice of Internet Evidence: Info on Government Website Is Self-Authenticating, Subject to Judicial Notice — On 12(b)(6) Motion, Notice Taken Only for Existence, Not Truth, to Avoid Barring Proof on Central Issue

Sturgeon v. Pharmerica Corp., 2020 U.S. Dist. LEXIS 21935, 2020 WL 586978 (E.D. Pa. Feb. 5, 2020): *** B. Administrative Reports Courts may also take judicial notice of “records and reports of administrative bodies.”69 PharMerica requests judicial notice…
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Removal Does Not Waive Personal Jurisdiction (PJ) Defense — Nor Does Pre-Complaint Discovery If Def. Can’t Raise PJ Then — While Court Must Consider Transfer under §1631 If No PJD & Alternate Forum ID’ed, Not So If Plaintiff Can Refile There

Danziger & De Llano, LLP v. Morgan Verkamp LLC, 2020 U.S. App. LEXIS 1382 (3d Cir. Jan. 15, 2020): Removal to federal court changes the field of play, but not the game being played. Two law firms, Danziger and Morgan …
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Photos of Texts Extracted Using Cellebright UFED = Admissions, Authenticated by Location on Sender & Recipient Phones, Accurate Identification of “Mom” on One, Contents (Remember Rule 902(14) in Federal Court)

State v. Panzeca, 2020-Ohio-326 (Ohio Ct. App. Feb. 3, 2020) : [*P1]  Appellant, Amy Lea Panzeca, appeals her conviction in the Warren County Court of Common Pleas after the trial court found her guilty of two counts of permitting drug…
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Sanctions: Relative Culpability Irrelevant — Default (1) Apt for Obstruction, (2) & 7th Amendment Jury Trial Right, (3) Factors — Sanctions Veil Piercing Must Meet Normal Requirements — If No Judgment Entered (& Needed), Appeal within 180 Days

KCI USA, Inc. v. Healthcare Essentials, Inc., 2020 U.S. App. LEXIS 3129 (6th Cir. Jan 28, 2020) (upublished) (Note:  see our Jan. 22, 2020, post for the opinion vacating certain sanctions on defense counsel): Colin Tennebar flouted court orders to …
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Sanctions: §1927 for Filing Premature Notice of Appeal to Delay District Court Proceedings — No 37(c)(1) Preclusion Despite Failure to ID Witnesses in Initial Disclosures: Harmless Error Where All ID’ed in Trial Brief

Hannah v. Walmart Stores, Inc., 2020 WL 521848 (2d Cir. Feb. 3, 2020) (unpublished): *1 ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders and judgment of said District Court be and they hereby are AFFIRMED…
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No Contempt for Violating Settlement Agmt. (SA), But If SA Allows Court to Order Compliance, Contempt for Violating Order OK — Civil v. Crim Contempt (Factors): Line Can Blur in Complex Injn Cases — Fines as Compensatory

Parsons v. Ryan, 2020 U.S. App. LEXIS 2837 (9th Cir. Jan. 29, 2020): The consolidated appeals in this comeback case arise from a class-action by prisoners in the custody of the Arizona Department of Corrections (ADC) against senior ADC officials…
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Recent Articles

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

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

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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