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

R. 37, IHP, §1927 Sanctions: “Punishment Must Fit Crime” — Default Jmt. Factors (6th Cir.) — Meaning of Abuse of Discretion — Failure to Object to R&R Waives Review of DJ’s Adoption — Good Quotes on Playing by Rules, No New Args on Reply

Ecimos, LLC v. Nortek Global HVAC, LLC, 2018 WL 2459915 (6th Cir. June 1, 2018): At first glance, this case appears complicated. It languished for years in the district court as the magistrate judge and district judge held countless hearings…
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Rule 41(b) Dismissal With Prejudice Requires Willful Conduct, Lesser Sanctions Inadequate — Without Prejudice Generally OK Because Party Can Re-File, Violation of Local Enough (Here, Non-Lawyer as Counsel)

Class v. United States Bank Nat'l Ass'n, 2018 U.S. App. LEXIS 12361 (11th Cir. May 9, 2018) (unpublished): Rodney Dale Class appeals the district court's sua sponte dismissal without prejudice of his pro se civil lawsuit, filed on behalf …
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Rule 37(c)(1) Sanctions — Court Should Exclude Critical Evidence Such As Expert Testimony Only on a Showing of Willful Deception or Flagrant Disregard of a Court Order

Lamb v. Montgomery Township, 2018 WL 2094513 (3d Cir. May 7, 2018): Debora Lamb appeals from the grant of summary judgment against her on her claims that Montgomery Township, Lawrence Gregan, and Kevin Costello (the “Defendants”) violated her rights under…
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Rule 41(b) Dismissal with Prejudice “Harsh” Sanction, to Be Employed Only in “Extreme Circumstances” — Failure to “Fully” Consider Efficacy of Lesser Sanctions Reversible Error — Five 9th Circuit Factors

Pima County Office of Children's Counsel v. Ariz., 2018 U.S. App. LEXIS 7968 (9th Cir. Mar. 29, 2018): MEMORANDUM* The plaintiffs allege that Arizona's Department of Child Protective Services wrongfully removed a child, A.E., from his father's home…
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Rule 11: Ninth Circuit Appears to Frown on Incorporating into Rule 11 Motion Arguments Made in Another Pleading in Light of the Separate-Motion Requirement of Rule 11(c)(2)

Ortego v. Lummi Island Scenic Estates Community Club, Inc., 2018 WL 3045230 (9th Cir. June 20, 2018): MEMORANDUM* *1 1. The district court properly determined that the Lummi Island Scenic Estates Community Club, Inc. (LISECC) has continuing authority to govern…
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Inherent Power Sanctions for Extrajudicial (Prelitigation) Misconduct — Stealing Documents — & Using Them in Lit. = Interference with Judicial Process — Dismissal Requires Clear and Convincing Evidence — No Warning Required in These Circs.

Xyngular v. Schenkel, 2018 WL 2208472 (10th Cir. May 15, 2018): *1 Marc Schenkel appeals the dismissal by the district court of his claims against Xyngular Corporation and various third parties as a sanction for abuse of what he claims…
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Inherent Power & §1927—Duty of Candor: Even If No Duty to Disclose, Denials of Authenticity of Doc While Hiding Client Has Copy Are Sanctionable — “The Effort to Chop Down a Few Trees Doesn’t Mean There’s No Forest” (Good Quote)

Six v. Generations Fed. Credit Union, 891 F.3d 508 (4th Cir. 2018): This appeal arises out of the district court’s order sanctioning three attorneys and their law firms under both its inherent authority and 28 U.S.C. § 1927. Finding…
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Supreme Court: In Determining Foreign Law under Rule 44.1, Court Is Not Conclusively Bound by Foreign Gov’t’s Amicus Statement As to What the Law Is, But Must Carefully Consider It — Cautiously, If Circumstances So Indicate

Animal Sci. Prods. v. Hebei Welcome Pharm. Co., 2018 U.S. LEXIS 3684, 2018 WL 2973745 (U.S. June 14, 2018): When foreign law is relevant to a case instituted in a federal court, and the foreign government whose law is …
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§1782 Discovery: Which Party Bears Burden of Proof on Intel Factors, Especially Receptivity of Foreign Tribunal to Sought Discovery? — Circuit Split — First Circuit: Neither Party

Schlich v. Broad Inst., 2018 U.S. App. LEXIS 16668 (1st Cir. June 20, 2018): Petitioner-Appellant George W. Schlich, a patent agent for Intellia Therapeutics, Inc., appeals from the district court's denial of a petition for discovery under 28 U.S.C. …
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FRAP 38 Sanctions: Merely Including Request in Brief Insufficient — Rule 60: 2 Types of Fraud: In Adversarial Process (1 Yr), On the Court (No Time Limit) — Missing Deadline: “He Simply Tripped over the Time Clock” (Good Quote)

Kennedy v. Schneider Elec., 2018 WL 3031074 (7th Cir. June 19, 2018): *1 In 2012, Bennie Kennedy filed a lawsuit against his longtime employer, Schneider Electric. In 2014, the district court granted summary judgment for Schneider Electric. More than a …
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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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