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

2-Part Test for Disqualification (DQ) Due to Receipt of Inadvertently-Disclosed Information: Privilege + Unfair Advantage — DQ of One Lawyer Doesn’t Necessarily Require DQ of Co-Counsel: Each Must Be Judged Separately

Hildmeyer v. PNC Bank, N.A., 2019 U.S. Dist. LEXIS 77648 (M.D. Fla. May 9, 2019): Order On January 24, 2019, Magistrate Judge Irick entered his Report and Recommendation (Doc. 100) (henceforth, the "Report") regarding the Motion to Disqualify (Doc.…
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RICO: LIBOR Fraud Not Proximate Cause of Loss on Bonds Not Tied to LIBOR — Injury Directly Caused by Independent Actors — Inaptness of Fraud on Market Theory, Event Studies & Efficient Capital Markets Hypothesis Evidences No Proximate Cause

7 West 57th Street Realty Co., LLC v. Citigroup, Inc., 2019 WL 1914278 (2d Cir. April 30, 2019) (unpublished):   SUMMARY ORDER Appellant 7 West 57th Street Realty Company, LLC appeals from the March 20, 2018, judgment of the United States…
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Sanctions: Under R. 11, Court Need Only Assess Objective Reasonableness, Needn’t Assess Fraud Just Because It Is Claimed — Party May Hold Unreasonable Belief in Good Faith (No IHP) — Lack of Dilatoriness Supports Denial of §1927 Sanctions

Rowe v. Gary, 2019 U.S. App. LEXIS 13850, 2019 WL 2059826 (11th Cir. May 9, 2019) (unpublished): PER CURIAM: *1 Maria Sperando, a lawyer proceeding pro se, appeals the district court’s order granting in part and denying in…
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Federal, Not State, Sanctions Law Applies in Fed. Court — Neither R. 11, 26(g), or 37, or §1927 Applied — No §1927 Sanctions on Client — Fed. R. Civ. P. Don’t Require Party Opposing 12(c) Motion to Attach Documents to Its Opposition

Cooke v. Jackson Nat'l Life Ins. Co., 2019 U.S. App. LEXIS 9002, 2019 WL 1348291 (7th Cir. Mar. 26, 2019): In this suit under the diversity jurisdiction, a district court ordered Jackson National Life Insurance to [*2]  pay about …
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Spousal Privileges — (1) Adverse Spousal Testimony Priv. Invokable Only by Witness; Preferred Procedure Delineated — (2) Marital Communications Priv.: Invokable by Either; 3 Prongs; Inapplicable to Commc’ns re Joint Illegal Activity

United States v. Jackson, 2019 U.S. App. LEXIS 9807, 2019 WL 1501539 (6th Cir. April 3, 2019): A jury found Darries Jackson guilty of two counts of possessing ammunition as a felon. Deciding that Jackson's prior convictions qualified as…
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Bench Trials — Post-Trial Motions: Rule 59(e) Inapt for Newly-Discovered Evidence — Should Use 59(a)(2) — New Evidence of Spoliation Insufficient If, Indulging Adverse Inference, Result Would Not Change

Jenkins v. Anton, 2019 U.S. App. LEXIS 12878 (11th Cir. April 29, 2019): Jennifer Jenkins worked as a paralegal for David Anton for about nine months. She had a flexible work schedule, and records of the hours she worked …
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Rule 11 — Least Severe Sanction to Be Imposed — District Court May Deny Sanctions on Ground That Substantive Dismissal Is Enough, Or Could Add Dismissal Is Also on Rule 11 Grounds

Mr. Mudbug, Inc. v. Bloomin' Brands, 2019 U.S. App. LEXIS 13432 (5th Cir. May 1, 2019) (unpublished): PER CURIAM:* Mr. Mudbug, Inc. ("MMI") appeals the dismissal of its breach-of-contract and detrimental-reliance claims on summary judgment. Bloomin' Brands, Inc.…
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Removal —§1447(c) Sanctions OK If No “Objectively Reasonable [vs. Frivolous] Basis,” Not If Position “Colorable” — §1446(b)(3) Limited to Developments in Case—Person Sued in Official Capacity Is Not Same As Individual

League of Women Voters of Pa. v. Pennsylvania, 2019 U.S. App. LEXIS 12124 (3d Cir. April 24, 2019): In 2017, the League of Women Voters and a group of Pennsylvania Democratic voters filed a state court lawsuit challenging Pennsylvania's…
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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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