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 16(f) Sanctions — $950 Against Counsel for Being 18 Minutes Late to Settlement Conference, Late Filing Mediation Memo ( Lacking Some Info) — Sanction Against Client Reversed: No Evidence It “Was Responsible for Or Even Knew About” Issues

Apelian v. Allstate Ins. Co., 2018 WL 3030692 (9th Cir. June 19, 2018): MEMORANDUM*   *1 Appellants Allstate Insurance Company and its trial counsel appeal a magistrate judge’s sanctions award of attorney’s fees of $12,500 plus an additional $500 against Allstate, …
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Although 12(f) Motion to Strike Is Disfavored As Drastic Remedy, It Is Appropriately Granted When Post-Appeal Pleading Re-Asserts Claims Or Defenses That Were Resolved on Appeal — Such Allegations Are Impertinent

United States v. Ancient Coin Collectors Guild, 2018 WL 3734281 (4th Cir. Aug. 7, 2018): *1 This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the …
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Rule 37 Sanctions — Default Judgment Apt for Defendants’ “Pattern of Obstructionism That Prevented [Plaintiff] from Effectively Litigating Its Claims” — Recidivism: Similar Misconduct in Other Cases Noted as Supporting Sanction

Arrowhead Capital Fin., Ltd. v. Seven Arts Entm't, Inc., 2018 U.S. App. LEXIS 17956, 2018 WL 3202765 (2d Cir. June 29, 2018): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of…
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Filing Unconditional Dismissal Stipulation under Rule 41 Strips Court of Subject Matter Jurisdiction Absent Express Contingency or Reservation of Jurisdiction — Motion to Rescind Settlement Due to Fraud Must Be Sought Per R. 60(b) — No Ancillary Jd

Nat'l City Golf Fin. v. Scott, 2018 U.S. App. LEXIS 22187 (5th Cir. Aug. 9, 2018): This appeal raises questions of judicial procedure and power arising from a lawsuit about golf carts. After a year of federal litigation, the …
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§ 1927 Sanctions Shouldn’t Chill Zealous Advocacy, Don’t Apply to Novel Arguments Not Considered by Circuit or That Challenge Precedent, But Are Apt for “Slipshod and Misleading” Argument Based on Clearly Inapposite Authority (Good Quotes)

Diaz v. Messer, 2018 U.S. App. LEXIS 20247(9th Cir. July 20, 2018) (unpublished): Appellants Charles R. Messer, David J. Kaminski, and Stephen A. Watkins-attorneys for Defendant Collecto, Inc.-challenge sanctions the district court imposed against them under 28 U.S.C. § …
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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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