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 902(11) Declaration Signed 19 Months after Business Record Provided, Unattached to & Not Identifying It Excluded As Boilerplate — Connection between IP Address & Real-World Location = Expert Testimony (702, Not 701)

Commonwealth v. Manivannan, 2018 Pa. Super. LEXIS 449, 2018 PA Super 112 (Pa. Super. Ct. May 4, 2018): In this consolidated appeal, Ayyakkannu Manivannan ("Appellant"), appeals from the judgment of sentence of four and one-half years of probation, imposed …
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Voicemail Admissibility: Authenticating Aff. Must Include Both Caller & Recipient Nos. — §1746 Declaration Omitting “Penalty of Perjury” Out — Summary Judgment: Not Court’s Duty to Sift Thru Evidence, Nuances, Inconsistencies (Good Quote)

Thomas v. Credit Mgmt., 2018 U.S. Dist. LEXIS 83685 (N.D. Ind. May 17, 2018): The Plaintiff, Evonne Thomas, alleges that the Defendant, Credit Management, LP, violated the Fair Debt Collection Practices Act (FDCPA) by impermissibly communicating with the Plaintiff's …
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§ 1927 & Inherent Power Sanctions for Not Correcting Once True Statement for 1½ Years after It Became False — Fees on Fees for Both — Punitive Sanction: If Some Part of $6,000 Fine Is Non-Compensatory, Proof Beyond Reasonable Doubt Needed

Gibson v. Credit Suisse Grp. Secs. (USA) LLC, 2018 WL 1958727 (9th Cir. Apr. 26, 2018): *1 Plaintiffs’ counsel appeal the imposition of sanctions against them. The district court affirmed the magistrate judge’s award of the sanctions after Plaintiffs’ counsel …
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Federal Arbitration Act: Jurisdiction to Confirm/Vacate: Although Circuits Are Split on Whether Amount in Controversy Is Determined by Award or Amount at Issue, Cases Turn on Whether Party Seeking to Vacate Also Seeks to Reopen

XPO Last Mile Inc. v. Anessa's Transp. Inc., 2018 U.S. Dist. LEXIS 63927 (N.D. Cal. Apr. 16, 2018): ORDER TO SHOW CAUSE REGARDING JURISDICTION Pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. § 1, et seq., Petitioner …
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Hearsay: Emails Hours After Events ≠ Business Records — Backward-Looking Statements ≠ 803(3) Mental Intent — Each Email in Chain Separately Analyzed (805) — Complaints in FTC, Better Business Bureau OK for Notice, Adjudications Out

In re Processed Egg Prods. Antitrust Litig., 2018 U.S. Dist. LEXIS 59633 (E.D. Pa. Apr. 9, 2018): In anticipation of the upcoming trial among the Direct Purchaser Class Plaintiffs and remaining defendants, the parties filed 21 motions in limine.…
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Does a Magistrate Judge Have Power to Resolve Post-Judgment Discovery Issues? — First Impression (Yes) — Privilege: Witness Must Take Stand & Assert Fifth & Attorney-Client on Question-by-Question Basis — Elements of Summary Criminal Contempt

In re Deposition of LeFande, 2018 U.S. Dist. LEXIS 30203 (D.D.C. Feb. 26, 2018): Attorney Matthew LeFande has moved to vacate a criminal contempt order issued against him by the Magistrate Judge when he refused to take the stand and …
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“Conclusory & Often Shifting Testimony” Can’t Defeat SJ — Rule 11 Sanctions for Party’s “Remarkable” Failure to “Settle[] on Basic Facts … Easily Accessible to” Her 5 Years into the Case—No Sxs for Novel Legal Theory (Good Quotes)

Hutter v. Countrywide Bank, N.A., 2018 WL 580630 (2d Cir. Jan. 29, 2018): *1 Plaintiff-appellant Nance M. Hutter (“Plaintiff” or “Hutter”) and appellant Stephen A. Katz (“Katz”), an attorney proceeding pro se, appeal from the June 12, 2017 judgment of …
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Hearsay: A Court Judgment Or Ruling Is Inadmissible Hearsay If It Is Offered to Prove the Truth of the Matter Asserted — Must Be Offered for Non-Hearsay Purpose, Like Effect on the Listener

UnitedHealth Grp., Inc. v. Exec. Risk Specialty Ins. Co., 870 F.3d 856 (8th Cir. 2017): UnitedHealth Group sued several insurers in the [**2]  District of Minnesota, seeking indemnity and defense costs for underlying litigation settlements under its professional liability…
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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

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.

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