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

Res Judicata: Federal Court Order Confirming Arbitration Award Has Same Preclusive Effect As Final Judgment, Which Is Determined by State Law in Diversity Case — Non-Party Parent Corp. Entitled to Same Preclusive Benefit as Wholly-Owned Subsidiary/Party

NTCH-WA, Inc. v. ZTE Corp., 2019 U.S. App. LEXIS 12283 (9th Cir. April 25, 2014): Plaintiff-Appellant NTCH-WA, Inc. previously arbitrated breach of contract and related claims against ZTE USA, a wholly-owned subsidiary of Defendant-Appellee ZTE Corp. ZTE Corp. was …
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Text Authentication — Recipient’s Testimony + Alleged Sender’s Admission That They Texted and Inability to Deny That “These Messages Are True” — Printouts Admitted Absent Genuine Issue as to Accuracy

In re Parenting Of: T.P.D.C. v. Staat, 2019 MT 107N, 2019 Mont. LEXIS 167 (Mont. May 7, 2019) (non-precedential):  [*P1]  Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion…
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Inherent Power Sanctions — D.Ct. Should Consider Lesser Sanctions before Dismissing, But Need Not If Plaintiff Acted in Bad Faith, Has Significant Litigation Experience [Especially] with In Forma Pauperis Statute

Shepherd v. Annucci, 2019 U.S. App. LEXIS 10971 (2d Cir. April 15, 2019): Plaintiff-Appellant Eon Shepherd appeals from the judgment of the United States District Court for the Western District of New York (Larimer, J.), which dismissed his pro …
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Suspending Sanctions ‘Til New Violation — Dist. Court Has FRAP 38-Like Sanctions for Bkcy. Appeals — Cutting Brief Pages as Sanction — Lack of Merit + Motive = Objective Bad Faith — Attacks on Court, Counsel Sxable—Fed. Cts. & St. Discipline

In re Lisse, 2019 U.S. App. LEXIS 9496 (7th Cir. April 1, 2019): Attorney Wendy Alison Nora appeals a decision requiring her and her client to pay damages and costs related to this bankruptcy litigation, as well as an…
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Court Lacks Inherent Power (IHP) to Release Grand Jury Records — Limited to Exceptions in Fed. R. Crim. P. 6(e) — Exercise of IHP Can’t Be Contrary to Express Grant of or Limitation on, Court’s Power in Rule or Statute

McKeever v. Barr, 2019 U.S. App. LEXIS 10061, 2019 WL 1495027 (D.C. Cir. April 5, 2019) (2-1 decision): Historian Stuart A. McKeever appeals an order of the district court denying his petition to release grand jury records from the …
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If Daubert Framework Followed, Appellate Review = Abuse of Discretion—Expert [Here, Experience-Based] Must “Demonstrate Conclusions More Than Guesses,” Have “Justification Beyond A Simple Say-So” (Good Quotes)

Varlen Corp. v. Liberty Mut. Ins. Co., 2019 U.S. App. LEXIS 14529 (7th Cir. May 16, 2019): Varlen Corporation owned and operated two industrial sites that were found to have significant amounts of groundwater contamination related to the sites' …
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Daubert: Fingerprint Analysis ≠ Junk Science — Court Must Explicitly Find Reliability, Can’t Defer to Jury [104(a) vs. (b)] — “Reliability Analysis Is a Malleable One” (Good Quote) — Fact Expert Found Qualified in Past Not, Alone, Enough

United States v. Ruvalcaba-Garcia, 2019 U.S. App. LEXIS 13986 (9th Cir. May 10, 2019): PER CURIAM: Mario Ruvalcaba-Garcia was convicted of violating 8 U.S.C. § 1326(a) for illegally reentering the United States after having been removed. His conviction was …
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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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