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

Inherent Power Sanctions: Jury Verdict Reversed — Ignoring In Limine, Not Prepping Wits, Client Changes in Testimont — No Need to Find Prejudice — Client Saddled with Lawyer — Goodyear Inapt — Less Due Process If Conduct before Judge

Fuery v. City of Chicago, 2018 WL 3853742 (7th Cir. Aug. 14, 2018): *1 After a contentious trial, the district court, after assessing the plaintiffs’ contumacious conduct, asserted its inherent authority to set aside a jury verdict in favor of …
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Wayback Machine: Testimony from Internet Archive Office Manager As to How It Captures & Preserves Screenshots, & Comparing Exhibits to Images Known to Be Accurate = Sufficient Authentication (2d, 3d Cirs.)

United States v. Gasperini, 2018 U.S. App. LEXIS 17999 (2d Cir. July 2, 2018): Fabio Gasperini was convicted by a jury in the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge) of …
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Sanctions: Dismissal Rev’d Absent Findings of (1) Pattern of Delay & (2) Lesser Sanctions Insufficient — Settlement Agreement: Court Retains Jurisdiction to Enforce If It’s Reached before Dismissal by Court — Reassigning Judge = Severe Reprimand

Szanto v. Bistritz, 2018 U.S. App. LEXIS 20782 (11th Cir. July 26, 2018) (unpublished): PER CURIAM: Plaintiff Peter Szanto, proceeding pro se, appeals the district court's sua sponte dismissal with prejudice of his complaint against Defendant Joseph Bistritz.…
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Inherent Power Sanction Requires Explicit Finding of Conduct Tantamount to Bad Faith — Court Has Ancillary Enforcement Jurisdiction to Issue Post-Judgment Injunctive Relief When Facing Real Risk Judgment Debtor May Secrete or Dissipate Funds

Smagin v. Yegiazaryan, 2018 WL 3627646 (9th Cir July 31, 2018) (amended opinion; unpublished) (amending the opinion excepted in our post of June 11, 2018): AMENDED MEMORANDUM* In an arbitration between Vitaly Smagin and Ashot Yegiazaryan, the London Court of…
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R. 11, §1927, Inherent Power Sanctions: Bad Faith = Knowingly or Recklessly Pursuing Frivolous Claim — Post-Sanctions Reversal of Case on Which Sanctions Based Shows Claim Wasn’t Frivolous, Even Though Precluded under Then-Existing Law

Silva v. Pro Transp., 2018 U.S. App. LEXIS 22258 (11th Cir. Aug. 10, 2018): PER CURIAM: Plaintiff Juan Antonio Silva appeals a district court order assessing sanctions against him and his attorneys. Silva sued his employer, Pro Transport, Inc.,…
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Rule 11: 10th Cir.’s 5-Factor Dismissal Test Applies to All Sanctions — Doubling Down behind Manipulated Email When Shown Original in Safe Harbor Warning = Bad Faith (Good Quotes)—Post-Goodyear, Can Mkt Fees Be Awarded State Atty? [37(e)]

King v. Fleming, 2018 WL 3863326 (10th Cir. Aug. 15, 2018): *1 Facing a motion to dismiss, the appellants attached a materially altered e-mail (described as an “unofficial version”) to an amended complaint. The appellees notified the appellants that the …
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RICO: Probate Estate, Like Bankruptcy Estate, May Constitute Enterprise — Beneficiary Has Standing to Sue for Pillaging — Multiple Other Important Holdings Summarized Up Front

Summary of holdings: Standing/Ripeness:  “[C]laims for "lost debt" injuries—that is, for damages in the form of an owed, but as-yet-uncollected, amount—are unripe when parallel proceedings to collect the amount owed are ongoing in another forum.”   Standing/Ripeness;  A RICO …
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Recent Articles

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

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

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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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