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

Statute of Limitations — When a Prior Lawsuit Does, and Does Not, Trigger Inquiry Notice (2d Circuit) — Similarly Situated Plaintiffs in Near Proximity (Co-Tenants) Pressing Essentially the Same Grievance against One of the Same Defendants Is Enough

421-A Tenants Ass’n, Inc. v. 125 Court Street LLC, 2019 WL 317447 (2d Cir. Jan. 23, 2019) (unpublished): *1 Plaintiffs-Appellants 421-A Tenants Association, Inc., Vinetta Scrivo, and Richard Lebed (“the tenants”) appeal from the district court’s decision dismissing their class…
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R. 37 Dismissal Sanction: Fault=Unreasonable Conduct > “Mere Mistake or Slight Error in Judgment” — No Motion to Compel OK If Actual Notice of Risk Given by Adversary — Proportional Sanction ≠ Least — Eventual Compliance Not Nec’ly Enough

Mojapelo v. Nat’l RR Passenger Corp., 2019 WL 193126 (7th Cir. Jan. 15, 2019): ORDER *1 Charles Mojapelo injured his leg while disembarking from a train operated by the National Railroad Passenger Corporation (Amtrak). He sued Amtrak for compensatory and…
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Common Law Immunity Protects State & Local Officials from Federal Civil Claims for Acts Legislative in Form and Substance, Unless Abrogated by Statute — Defeats RICO Claim — Plaintiffs Didn’t Argue RICO Abrogates Immunity (Open Issue)

NRP Holdings LLC v. City of Buffalo, 2019 U.S. App. LEXIS 4866, 2019 WL 692529 (2d Cir. Feb. 20, 2019): We confront here primarily a question of legislative immunity raised by a [*3]  mayor's inaction in the face of…
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Mere Failure to Recite That a Declaration or Affidavit Is Based on Personal Knowledge Doesn’t Render Contents Hearsay If It Is Clear from the Circumstances (Contents, Other Evidence) That It Was

Venezia v. E. Revenue, Inc., 2019 U.S. Dist. LEXIS 21501 (E.D. Pa. Feb. 11, 2019): : Footnote 2: Plaintiff filed an Objection to Defendant's Submissions    [ECF No. 33 & 34] urging this Court to disregard Mr. Griffin's Declaration…
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Supreme Court: Class Actions — 23(f)’s 14-Day Period Not Subject to Equitable Tolling — Mandatory Claims-Processing Rules Unalterable If Diligently Asserted — Timely Reconsideration Motion Affects Start Date

Nutraceutical Corp. v. Lambert, 2019 U.S. LEXIS 1593 (U.S. Feb. 26, 2019): To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of …
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Inherent Power Sanctions: Inconsistencies in Witness Testimony, Alone, Are Insufficient to Find Bad Faith — Fact Witness Relied on Lawyer to Draft Discovery Responses for Witness’s Approval Not Sanctionable

Strang v. Ga., 2018 U.S. App. LEXIS 36707 (11th Cir. Dec. 31, 2018) (unpublished): PER CURIAM: Kathleen Strang, a former assistant city attorney in Albany, Georgia, brings a complaint under 42 U.S.C. § 1983 claiming that her First Amendment…
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Texts: Authentication of Cell Data from Ownership, Admission Participated in Part of Chat — No Need to “Negate All Other Possibilities Inconsistent with Authenticity” — Record As “Muddle of Statements Not Phrased As Objections” (Good Quotes)

Snow v. State, 2019 Tex. App. LEXIS 342 (Tex. Ct. App. Jan. 17, 2019): A jury convicted Cristi Jeanette Snow of two counts of sexual performance of a child under age fourteen. See Tex. Penal Code Ann. § 43.25(b),…
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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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