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

Expert Testimony: Whether Judge Applied Proper Legal Framework Reviewed De Novo — If So, Abuse of Discretion for Decision — While Daubert Doesn’t Bar Generalist from Specialized Opinions, S/he Must Be Qualified for Each One

United States v. Truitt, 2019 U.S. App. LEXIS 27497 (7th Cir. Sept. 12, 2019): In late 2009 Cathy Truitt filed seven nearly identical tax returns, each falsely claiming that she was entitled to a $300,000 refund. The IRS identified six …
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Spoliation of Video Reviewed under Tangible Spoliation Standard, Not Rule 37(e) (Isn’t a Video Electronically Stored?) — 2d Cir. Factors — No Abuse of Discretion to Deny Adverse Inference Where Destruction Per 90-Day Policy & Issue Argued to Jury

Johnson v. Perry, 2019 U.S. App. LEXIS 6855 (2d Cir. Mar. 5, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-appellant Glenn Johnson, appearing …
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Authentication of Social Media Evid. Evaluated on Case-by-Case Basis — Proponent Must Corroborate ID of Author (Good Quotes) — Contextual Clues Inadequate Where No IP Address Obtained & 11 Other Pages Have Same Name

Commonwealth v. Gardner, 2019 Pa. Super. Unpub. LEXIS 3055 (Pa. Super. Ct. Aug. 13, 2019): Appellant, Leo A. Gardner, appeals from the Judgment of Sentence entered in the Monroe County Court of Common Pleas on August 16, 2018, following his …
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Arbitration: Appealability — Order Compelling Arbitration Not Appealable Unless It Disposes of Entire Action — Merely Directing Arbitration Or Staying Action Pending Arbitration Requires §1292(b) Certification

Gold Coast Prop. Mgmt. v. Certain Underwriters at Lloyds, 2019 U.S. App. LEXIS 27098 (11th Cir. Sept. 6, 2019): THE COURT: This appeal is DISMISSED, sua sponte, for lack of jurisdiction. The district court's June 14, 2019 order granting the …
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Attorney-Client Privilege: Crime-Fraud Applies to Commc’n Precipitating Fraud Even If Different Tack Used — RICO: Unadjudicated Civil Action = Property — No Mens Rea for Unlawful Debt But Knowledge Statutory Definition Satisfied

United States v. Neff, 2019 WL 4235218 (3d Cir. Sept. 6, 2019) (unpublished): Charles Hallinan and Wheeler Neff were convicted of conspiring to collect unlawful debts in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), federal …
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Statutory Interpretation —“Even Precise & Voluminous Legislative History [LH] Can Be Off the Mark” (RICO) — Don’t Use LH If Text Clear — Noscitur a Sociis Inapt If “Or” Used — Rule of Last Antecedent (Good Quotes)

Pellegrino v. United States Transp. Sec. Admin., 2019 U.S. App. LEXIS 26392 (3d Cir. Aug. 30, 2019): The Federal Government is typically immune from suit. The Federal Tort Claims Act waives the Government's immunity for certain torts committed by its …
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Marital Communications Privilege: Factors — Invoker Must Establish Privilege Applies, But Opponent Must Defeat Presumption of Confidentiality — Applicability of a Priv. Is Fact Question, Scope Is Legal Question

United States v. Pugh, 2019 U.S. App. LEXIS 26204 (2d Cir. Aug. 29, 2019): Defendant-appellant Tairod Nathan Webster Pugh appeals from a judgment of conviction entered by the United States District Court for the Eastern District of New York (Garaufis, …
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Expert (701) vs. Lay (702) Opinion: Estimating Age = R. 701 Testimony — Under R. 704(b), Expert Can’t Opine on Def’s Intent But Can Give Testimony Supporting an Obvious Inference As to It

United States v. Stahlman, 2019 U.S. App. LEXIS 24571 (11th Cir. Aug. 19, 2019): After a jury trial, John David Stahlman appeals his conviction and 292-month sentence for attempting to entice a minor to engage in sexual activity.  On appeal,…
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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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