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

Facebook Photos: May Impeach with Exhibits Not in Evidence — Authentication, Admissibility Not Required — No Surprise from Use in Closing of Exhs. in Evid. — Discovery Violation Doesn’t = Exclusion—R. 403 Requires > Possibility of Prejudice

Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): PER CURIAM After an auto accident, a jury found defendant Carmen I. Nieves liable and awarded plaintiff Christian Angeles a $3,000,000…
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Inherent Power Sanctions — Civil Contempt Imediately Appealable If No Continuing Lit. — Oral Injunction Enforceable (Circuit Split) — Court Can’t Credit Time Served, But May Decrease (Not Incr.) Fed. Sentence & Order Concurrent/Consec. Sentences

In re United States Bureau of Prisons, 2019 U.S. App. LEXIS 7560 (5th Cir. Mar. 14, 2019): The U.S. Bureau of Prisons (BOP) appeals a contempt sanction related to its calculation of sentencing credits for federal prisoners. We reverse.…
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Class Actions — Must Plaintiffs Show an “Administratively Feasible” Method for Determining Class Membership? — Circuit Split — Impermissibility of “Fail-Safe” and “Self-Identifying” Classes

Usry v. Equityexperts, 2019 U.S. Dist. LEXIS 39651 (S.D. Ga. Mar. 12, 2019): Before the Court are the following motions: (1) Plaintiffs' unopposed motion to amend the complaint (Doc. 82) pursuant to Federal Rule of Civil Procedure 15,…
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Rule 11 Order without Final Fees Award Appealable If Parties Stipulate as to Amount — First Amendment No Defense to Sanctions for Suing (1) without Standing (2) Immune Defendants — Substantial Frivolous Claims Not Outweighed by Sound Claims

Collins v. Daniels, 2019 WL 908645 (10th Cir. Feb. 25, 2019): *1 This is a § 1983 case that challenges the constitutionality of New Mexico’s system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of New Mexico (“BBANM”), and …
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Magistrate Judge Decisions — May or Must a District Judge Consider New Evidence When Reviewing De Novo Findings & Recommendation? — Circuit Split — Standard of Review of Unobjected to Portions

Seehawer v. McMinnville Water & Light, 2019 U.S. Dist. LEXIS 27372, 2019 WL 826454 (D. Or. Feb. 21,2019): United States Magistrate Judge John V. Acosta issued Findings and Recommendation in this case on December 10, 2018. ECF 52. Magistrate…
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R. 37 Sanctions—Dismissal—R. 26(a) Violated by Disclosure of New Evid. for New Legal Theory at End of Discovery — R. 16(f) Violated Where Sched. Order Required Disclosure in Time to Allow Deps. — Court Needn’t Tick Through All Factors

Gomez v. Haystax Tech., Inc., 2019 U.S. App. LEXIS 6618 (4th Cir. Mar. 5, 2019): In this appeal, Appellant Ramona Rae Gomez, a former employee of NetCentrics and Haystax Technology (collectively, "Appellees"), asserts that Appellees discriminated against her in…
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U.S. Courts Have Power under Bankruptcy Code to Pursue Foreign Subsequent Transfers of Fraudulent Conveyance — Neither Presumption against Extraterritoriality Nor International Comity Preclude This

In re Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Inv. Secs. LLC, 2019 WL 903978 (2d Cir. Feb. 25, 2019): *1 These eighty-eight consolidated appeals arise from the ongoing fallout of Bernard Madoff’s Ponzi scheme. As…
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Email Warning Proprietor of Dangerous Condition ≠ Hearsay If Offered for Notice — Fact Noticed Risk Is Somewhat Different Than Risk at Issue OK — Police Officer’s Alleged History of Excessive Force ≠ Rule 406 Habit or Routine Practice

Sherrod v. Williams, 2019 U.S. Dist. LEXIS 15699 (S.D. Ohio Jan. 31, 2019): This matter is currently before the Court on several motions in limine. Defendants Officer Sean C. Williams, Sergeant David M. Darkow, Chief Dennis Evers and the…
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Inherent Power Sanctions Properly Denied Where Losing Party “Vigorously Litigated” But Not in Bad Faith (Good Quote) — Whether to Hold Evidentiary Hearing on Sanctions Motion, under Rule 43(a), Is Reviewed for Abuse of Discretion

In re Johnson (Gonzalez v. Johnson), 2019 WL 126753 (9th Cir. Jan. 8, 2019) (unpublished): MEMORANDUM** *1 Defendants-Appellants appeal the district court’s affirmance of the bankruptcy court’s denial of their motion for attorneys’ fees. We affirm. 1. Defendants-Appellants contend…
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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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