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

RICO Proximate Cause/Injury Satisfied by Cost of Defending Sham Filing, Lost Sales Due to False Claims — Harm to Bus. Reputation? (State Law vs. Intangible) — >1 Can Be Directly Injured — Need Factual Allegations of Injury — RJR Issue Noted

Harmoni Int’l Spice, Inc. v. Hume, 2019 WL 286923 (9th Cir. Jan. 23, 2019): The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 …
Continue Reading

Unless D.Ct. Conclusively Precludes Proof of Required Element of Claim, Order Unappealable — Striking Preferred Damages Approach, Making Case Unprofitable Not Enough — Sanctions & Attorney’s Fees Rulings Almost Always Interlocutory

Princeton Digital Image Corp. v. Office Depot Inc., 2019 WL 272836 (Fed. Cir. Jan. 22, 2019): *1 The parties appeal and cross appeal from various rulings by the U.S. District Court for the District of Delaware in a patent and…
Continue Reading

Class Actions: American Pipe Doesn’t Protect Named Plaintiffs or Their Entities — No Tolling Where It “Would Result in an Abuse of Am. Pipe ”— Circuit Reviews D.Ct. Application of Own Rules for Abuse of Discretion

Weitzner v. Sanofi Pasteur Inc., 2018 WL 6175580 (3d Cir. Nov. 27, 2018): *1 Plaintiffs Dr. Ari Weitzner and his professional corporation, Ari Weitzner M.D. P.C., challenge the District Court’s conclusion on summary judgment that their claims under the Telephone…
Continue Reading

Even Though Recipient Couldn’t Remember Context of Each Text, All Authenticated by Her Testimony She Often Texted with Sender, That Texts Were to/from His No., & by Contents — Hearsay: Sender’s Texts = Admissions; Recipient’s OK for Context

State v. Williams, 2018 Ohio App. LEXIS 4914 (Ohio Ct. App. Nov. 15, 2018):  [*P1]  [**P1]  Defendant-appellant, Reginald D. Williams, appeals from his convictions following a jury trial. He raises the following assignments of error for review: 1. The …
Continue Reading

§1927 Sanctions for Refiling Twice-Dismissed Claims, Ignoring Discovery Orders, Initiating Similar Proceedings in State and Bankruptcy Courts [Extrajudicial Misconduct] & Filing Meritless Motions & Appeals

Eruchalu v. United States Bank, 2019 WL 244850 (9th Cir. Jan. 17, 2019) (unpublished): MEMORANDUM* *1 In these consolidated appeals, Godson Eruchalu appeals pro se from the district court’s order granting defendant First Option Mortgage’s amended motion for attorney’s…
Continue Reading

Court Has “Broad Fact-Finding Powers with Respect to Sanctions & Its Findings Warrant Great Deference” / Inh. Power “Sanctions Should Be Reserved for The Rare & Exceptional Case” (Good Quotes)

Johnson v. Johnson (In re Johnson), 2019 U.S. App. LEXIS 537 (9th Cir. Jan. 9, 2019): MEMORANDUM* Defendants-Appellants appeal the district court's affirmance of the bankruptcy court's denial of their motion for attorneys' fees. We affirm. 1.…
Continue Reading

The Line Between Lay/Expert Opinion Depends on Basis, Not Subject Matter, of Testimony (Good Quote) — Where Jury Not Instructed as to How to Assess Specific Testimony, Real Possibility of Jury Confusion Requires Reversal

United States v. Sarkissian, 2018 U.S. App. LEXIS 31710 (9th Cir. Nov. 8, 2018) (unpublished): MEMORANDUM* Karen ("Gary") Sarkissian appeals from the judgment of conviction sentencing him to 57 months of imprisonment after a jury found him guilty …
Continue Reading

Rule 26(g) Sanctions Are Mandatory and “Particularly Appropriate when an Attorney Submits a Forged Discovery Document” — “Erroneous Assessment of the Evidence” = Abuse of Discretion

SPV-LS, LLC v. TransAm. Life Ins. Co., 2019 WL 124211 (8th Cir. Jan. 8, 2019): *1 The Estate of Nancy Bergman (the Estate), through its personal representative, appeals a district court order denying its motion for reconsideration of an adverse…
Continue Reading

Supreme Court: Arbitration Agreement Must Fall Outside the Exclusions of FAA §1 before Court May Stay Litigation & Compel Arb. Under §§3 and 4 — Parties Cannot Delegate §1 Issue to Arbitrator

New Prime, Inc. v. Oliveira, 2019 U.S. LEXIS 724 (U.S. Jan. 15, 2019): The Federal Arbitration Act requires courts to enforce private arbitration agreements. But like most laws, this one bears its qualifications. Among other things, §1 says that …
Continue Reading

§ 1782 Application Not Moot, Even If Foreign Evidentiary Record Closed, If Appellate Court Might Receive New Evid. in Some Circs. — Is Magistrate Judge R&R Reviewed De Novo or for Clear Error / Contrary to Law? — Case Law Split

Application of Qualcomm Inc.,  2019 U.S. Dist. LEXIS 5716 (N.D. Cal. Jan. 11, 2019): On August 20, 2018, applicant Qualcomm Incorporated ("Qualcomm") filed an Ex Parte Application for discovery pursuant to 28 U.S.C. § 1782. After Magistrate Judge…
Continue Reading
Previous69707172737475Next

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.

New York Office

© 2024 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice