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

Sanctions — Vexatious Litigant Injunction: 4 Factors (9th Circuit) — Failure to Give Notice of Possible Injunction (Imposed on Rule 11 Motion) Requires Vacatur

Block v. Wash. State Bar Ass'n, 2019 U.S. App. LEXIS 4089 (Feb. 11, 2019) (unpublished): MEMORANDUM* and ORDER Plaintiff-appellant Anne Block appeals the district court's orders dismissing her amended complaint against defendants-appellees City of Gold Bar, Washington State…
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Website Authentication Depends on Purpose of Offer — Less Needed If Not for Attribution to Person — Legal Interpretation of Federal Rules of Evidence Reviewed De Novo — Did Motion in Limine Preserve Issue? (3 Factors)

United States v. Isabella, 2019 U.S. App. LEXIS 7213 (10th Cir. Mar. 12, 2019): Rande Isabella was convicted under 18 U.S.C. § 2422(b) of persuading and attempting to persuade S.F., a 14-year-old girl, to "engage . . . in…
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While Factors Are Same for Severe Sanctions under R. 37(b) & Inherent Power, They Don’t Apply to Fraud on the Court (FOC) — Circuit Split on Burden of Proving FOC — Fraud Must Succeed to Be FOC, Otherwise Just Sanctionable Lies

Cone v. Tessler, 2019 U.S. Dist. LEXIS 39381 (E.D. Mich. Feb. 15, 2019): REPORT AND RECOMMENDATION PLAINTIFF'S MOTION FOR SANCTIONS (Dkt. 98) I. PROCEDURAL HISTORY Plaintiff, Margaret Cone, filed this motion for sanctions against defendants and non-party, the University…
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Attorney-Client: Firm May = Counsel to Trust Beneficiaries by Taking Fees They Paid in Response to Trustee Telling Them Firm Reps. Them, & by Indicating It Reps. Them — Can Dismiss Based on Affirmative Defense Only If Complaint Admits All Elements

Bistline v. Parker, 2019 U.S. App. LEXIS 7503, 2019 WL 1187010 (10th Cir. Mar. 14, 2019): Plaintiffs are all former members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints ("FLDS"), which illegally practices polygamy. On July 13, …
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Sanctions: Court Is “Particularly Vigilant in Requiring Proportionality Where Draconian Sanction of Dismissal Imposed” (Good Quote) — Due Process: Hearing Must Be Real, Not Sham — Liberal Pro Se Construction

Orozco v. Butler, 2019 U.S. App. LEXIS 7721 (7th Cir. Mar. 15, 2019): Rogelio Orozco, an Illinois inmate, appeals the dismissal of his lawsuit against prison staff at Menard Correctional Center and Pontiac Correctional Center for violating his due-process …
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Substitution of Party on Appeal (FRAP 43(b)) OK Only If S/he Can’t Continue to Litigate, Not Just Doesn’t Want to Passing Reference to Issue in Opening Brief Doesn’t Preserve It for Review — “Bare Allegations” Don’t Satisfy RICO Mail Fraud, 9(b)

Miller v. Burt, 2019 WL 1219977 (3d Cir. Mar. 14, 2019) (unpublished): OPINION* PER CURIAM Solomon Marcellus Miller appeals the District Court’s dismissal of his amended complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).…
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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

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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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