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

Pro Se Not Entitled to Rule 37 Attorney’s Fees — Pro Se Lawyer May Receive Attorney’s Fees per Inherent Power — Destruction of Records Per Business Policy before Notice of Claim Unsanctionable

Lucas v. Telemarketer Calling From (407) 476-5680 & Other Tel. Nos., 2019 U.S. App. LEXIS 16106 (6th Cir. May 29, 2019) (unpublished): Vincent Lucas, a pro se Ohio resident, appeals a district court judgment dismissing his complaint based upon…
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New Trial for Fraud Requires More Than “Differences in Recollection or Opinion” — 60(b) Denial of New Trial for Fraud Bars New Fraud Action — Action “Plainly Barred by Res Judicata” Is Baseless, Warrants Rule 11 Sanctions (Good Quotes)

Elkharwily v. Franciscan Health Sys., 2019 WL 2406946 (9th Cir. June 7, 2019) (unpublished): MEMORANDUM* In No. 17-35009 (“Elkharwily I”), Alaa Elkharwily, M.D., appeals the district court’s judgment after a jury trial his action against Franciscan Health System …
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RICO Not Preempted by ERISA — Issue Waived on Appeal if Arguments “Underdeveloped, Conclusory or Unsupported by Law” — Failure to “Engage with the Reasons the District Court Gave” = Waiver (Good Quotes)

DiJoseph v. Standard Ins. Co., 2019 WL 2406629 (7th Cir. June 7, 2019) (unpublished): Teresa Di Joseph appeals the district court’s dismissal of her claims against Standard Insurance Company and UnitedHealth Group. Di Joseph sued the companies for terminating her …
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§1782 Application Denied Where It Sought (1) Discovery Available from Party to Foreign Litigation, (2) to Circumvent Restrictive Foreign Discovery Practices & (3) Evidence from Foreign Subsidiary of Subpoenaed U.S. Entity

Effecten-Spiegel AG v. Merrill Lynch, Pierce, Fenner & Smith Inc., 2019 U.S. App. LEXIS 17061, 2019 WL 2354776 (2d Cir. June 4, 2019) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the…
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Arbitration — 4 Triggers for the New York Convention — Because Convention Is a Treaty, It Is Unaffected by Statute Protecting State Regulation from Any “Act of Congress” — Convention Preempts Contrary State Statute

McDonnel Grp., L.L.C. v. Great Lakes Ins. SE, 2019 U.S. App. LEXIS 14177, 2019 WL 2082905 (5th Cir May 13, 2019): In this appeal, relating to arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,…
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Declining Supplemental Jurisdiction on Dismissal of Federal Claims without Considering Diversity Abuses Discretion when Diversity Possible from Complaint — Pro Se Should Get One Amendment

Stoller v. Walworth Cty., 2019 WL 2305033 (7th Cir. May 30, 2019): *1 Christopher Stoller (along with Michael Stoller, who is not a party to this appeal) sued Walworth County, Wisconsin, and many of its public officials for allegedly selling …
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Social Media Video — Silent Witness Theory of Authentication / Admissibility — Unedited Videos Compiled from Party’s Phone Showing Party Sufficiently Authenticated without Proof of Process of Reproduction — Judge vs. Jury Roles [R. 104(a) vs.(b)]

Hibbert v. State, 2019 Md. App. LEXIS 438 (Md. Ct. Spec. App. May 29, 2019): Appellant Jovan A. Hibbert was convicted in the Circuit Court for Montgomery County of human trafficking by force and benefitting financially from human trafficking. …
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Texts — Admissibility: Offer to Buy Cocaine ≠ Hearsay [I.e., Is a Verbal Act] — Authentication by Recipient Who Recognized Number As One He’d Used to Converse with Sender, and Sender’s Acts in Compliance with Text, Enough

Commonwealth v. Davis, 2019 Pa. Super. Unpub. LEXIS 2129 (Pa. Super. Ct. May 31, 2019): Damion Glenroy Davis appeals from the judgment of sentence entered following his jury trial convictions for possession with intent to deliver ("PWID") [controlled substances] …
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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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