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

Disqualification — Advocate-Witness Rule (Rule 3.7) Bars Pretrial Work, Too — Doubts Resolved in Favor of Testimony, Not Advocacy — Hardship within Rule Must Be Unforeseeable

Wyndham Vacation Ownership v. Vacation Transfers Unlimited, 2019 U.S. Dist. LEXIS 67189 (M.D. Tenn. April 19, 2019): Pending before the Court is Plaintiffs' motion to disqualify Aubrey Givens and Kristin Fecteau Mosher (Docket Entry No. 24). For the reasons…
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Snapchat: Authentication v. Rule of Completeness: If Not Misleading or Relevant, No Need to Offer All Messages to Authenticate Some — Recipient’s Testimony Sender Was “Friend” Who Gave Her His Username + Content — Photos of Text Fair, Accurate

State v. Mrza, 302 Neb. 931 (2019): I. INTRODUCTION [*934] Sami S. Mrza appeals his jury conviction and sentencing for first degree sexual assault. Although he assigns multiple errors, we focus on two issues: the authentication requirement for "Snapchat" …
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R. 11 & Inherent Power Sanctions: Relitigating Issues without Offering New Facts Unnec’y to Preserve Review, Is Sanctionable — But Not Raising Issue Undecided by S. Ct. or Courts in Cir., Or Identifying Adverse Case & Seeking Different Result

Carmax Auto Superstores v. Sibley, 2019 U.S. App. LEXIS 11504 (4th Cir. April 19, 2019) (unpublished): PER CURIAM: Montgomery B. Sibley appeals the district court's orders granting CarMax Auto Superstores, Inc.'s ("CarMax") petition to confirm an arbitration award, denying…
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Party Can Agree to Court’s Jurisdiction to Compel Arbitration without Waiving Personal Jd Defense Otherwise — Intent of Parties to Contract Controls Whether Non-Signatory (Subrogee) Can Compel — Court Decides If 3d Party Can Compel v. Arbitrability

Halliburton Energy Servs. v. Ironshore Specialty Ins. Co., 2019 U.S. App. LEXIS 11255 (5th Cir. April 17, 2019): An oil rig caught fire and exploded in Ohio. Statoil USA Onshore Properties operated the rig, Halliburton Energy Services fracked at…
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Daubert/Experts: Focus = Helpfulness & Threshold Low (Relevance) — Judge Not to Supplant Jury, Rejection of Testimony Is Exception, Not Rule (Good Quotes) — Manifest Error Standard in Reviewing Expert Evidence Rulings — R. 50(b)=Anti-Ambush

Puga v. RCX Sols., Inc., 2019 U.S. App. LEXIS 11229 (5th Cir. April 17, 2019): IT IS ORDERED that the pending joint motion for clarification of this court's opinion is GRANTED and our prior panel opinion, Puga v. RCX …
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R. 37(c) Sanctions: Damages Evidence Excluded, Resulting in Dismissal of Claim, for Failure to Disclose Pursuant to Rule 26(a) — 9th Cir. Factors When Exclusion = Dismissal — Weighing Choice of Law Factors under Restatement 2d §188

Ingenco Holdings, LLC v. ACE Am. Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir. April 15, 2019): Appellants operate a gas purification plant in King County, Washington. In 2010, metal brackets securing a crucial component broke, resulting in …
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Rule 404(b): Use of Other Bad Acts Evidence Has Always Been Problematic (Good Quote) — Lack of Accident Evidence OK Only If State Has Reliable Assurance Accident Defense Will Be Raised (Here, Statements to Media, Police), Or Already Has Been

Fairbanks v. State, 119 N.E.3d 564 (Ind. Mar. 27, 2019): 1]In criminal cases, Indiana Evidence Rule 404(b)’s purpose is to prevent the jury from indulging in the “forbidden inference”—that a defendant must be guilty of the charged crime…
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Magistrate Judge May Impose Criminal Contempt ($5,000 on Counsel) — No Need for Subject Matter Jurisdiction If Order Violated — Crim. Contempt = Separate Proceeding — Lawyer Must Assert Privilege Question by Ques. — Order = Compulsory Process

United States v. LeFande (In re LeFande), 2019 U.S. App. LEXIS 8965, 2019 WL 1339452 (D.C. Cir. Mar. 26, 2019): Matthew LeFande appeals an order summarily holding him in criminal contempt for refusing a magistrate judge's orders to take …
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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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