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

“Rule 11 Doesn’t Authorize Sanctions for Merely Frustrating Conduct” (Good Quote) — Where Plaintiff’s Dep. Contradicted Complaint, Failure to Withdraw Claims Warrants Fees for Post-Dep. SJ & Sanctions Motion Following R. 11 Letter

Cameau v Nat’l Recovery Agency, Inc., 2018 WL 4522104 (E.D.N.Y. Aug. 6, 2018) (R&R): I. PRELIMINARY STATEMENT *1 Plaintiff Jeff Cameau (“Plaintiff”) commenced this action in May of 2015 against Defendant National Recovery Agency, Inc. (“Defendant”), asserting violations of the…
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Facebook Messenger Texts from “Bob” Authenticated by Recipient, Who Knew Only One Bob; by Facebook Page Owner, Who Didn’t Send Them & Gave Access to Bob; & by Contents — Screenshots Given by Page Owner to Police, Thus Authentic

State v. Dickerson, 2018 Kan. App. Unpub. LEXIS 860, 2018 WL 5851444 (Kan. Ct. App. Nov. 9, 2018) (unpublished): Per Curiam: Robert Dickerson appeals his conviction for aggravated indecent liberties with a child. He raises several claims of error.…
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Appeals: When Court Will Review Issue Not Raised Below (4 Factors (6th Cir.)) — Sanctions: Failure to Serve Rule 11 Motion Requires Reversal, Even Though Issue Not Raised Below (Legal Issue, Error Clear, No Factual Development Needed, Ints. of Justice

Jodway v. Orlans, PC, 2018 U.S. App. LEXIS 35898 (6th Cir. Dec. 20, 2018): Plaintiffs husband and wife Timothy Jodway ("T. Jodway") and Alaina Zanke-Jodway ("A. Jodway") (together, "Plaintiffs") appeal from the order of the district court dismissing Plaintiffs'…
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Rooker-Felman Bars RICO Claim If Injury Caused by State Court Judgment & Bona Fides of Jmt At Issue — Incidental Attorney’s Fees Also Barred —Injury from Excessive Defense Pleadings Maybe OK—Sanctions: M.J. Order Unappealed to DCt Unreviewble

Tso v. Murray, 2019 WL 140992 (10th Cir. Jan. 9, 2019): *1 This case arises from plaintiff Gilbert T. Tso’s dissatisfaction with the child-support obligation established in his Illinois divorce from his ex-wife, Rebecca Murray, and with the procedures used…
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Rule 601 vs. 702: State Standards for Experts Imported in Diversity Case Where Sufficiently Intertwined with Governing State Substantive Law (Here, Med Mal) — Rule 702 Must Also Be Satisfied (4 Circuits So Far Agree)

Coleman v. United States, 2019 U.S. App. LEXIS 716 (5th Cir. Jan. 8, 2019): Leslie Latrice Coleman, proceeding pro se, raises numerous arguments challenging the district court's grant of summary judgment on some of her claims and the dismissal…
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28 U.S.C. § 1782’s “For Use” Requirement Is Satisfied If Litigant Intends to Offer the Evidence in the Foreign Proceeding, Regardless of Whether It Is Received — Admissibility/Judicial Receptivity Is for Foreign Court to Decide

In re Bernal, 2018 U.S. Dist. LEXIS 212722 (S.D. Fla. Dec. 18, 2018): ORDER ON BILBO DEVELOPMENT LLC'S AND MORRISON USA, LLC'S MOTION TO QUASH SUBPOENAS OR, ALTERNATIVELY, MOTION FOR PROTECTIVE ORDER This matter is before the Court on…
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Removal: Is There a Futility Exception to 28 U.S.C. § 1447(c) — Which Requires Remand If the District Court Lacks or Loses Subject Matter Jurisdiction — Allowing a District Court to Dismiss a Removed Case If Remand Would Be Futile? (Circuit Split)

Ratliff v. LTI Trucking Servs., 2019 U.S. Dist. LEXIS 227 (E.D. Mo. Jan. 2, 2019): This matter is before the Court on Defendant LTI Trucking Services, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 4)…
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Plaintiff’s Rule 41(a)(2) Motion to Voluntarily Dismiss without Prejudice Must Be Denied If Grant Would Strip Defendant of Viable Defense That Might Not Be Assertable If Plaintiff Were to Refile — Limits of Expressio Unius & Series-Qualifier Canons

United States ex rel. Vaughn v. United Biologics, LLC, 907 F.3d 187 (5th Cir. 2018): **1 The opinion issued September 7, 2018 is withdrawn by the panel, and the following is issued in its place: The plaintiffs-relators initiated a qui …
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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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