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

Complex Lit Blog

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

Surowitz v. Pontiac, 374 Mich. 597, 606 (1965): The word "include" has been used many times in the past both as a term of enlargement and of limitation, and the word of and by itself cannot determine intent to the exclusion of all other words to which it refers.   ...
Surowitz v. Pontiac, 374 Mich. 597, 606 (1965): The word “include” has been used many times in the past both as a term of enlargement and of limitation, and the word of and by itself cannot determine intent to the…
Continue Reading

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

Douglas v. Hirshon, 63 F.4th 49 (1st Cir. 2023): Joel Douglas, Steven Fowler, and James Lewis sued twenty-six defendants, alleging several interrelated schemes to defraud the plaintiffs of real estate in Maine. Among other claims, the complaint asserts that, in connection with these schemes, a subset of the defendants participated in a conspiracy in violation of the
Douglas v. Hirshon, 63 F.4th 49 (1st Cir. 2023): Joel Douglas, Steven Fowler, and James Lewis sued twenty-six defendants, alleging several interrelated schemes to defraud the plaintiffs of real estate in Maine. Among other claims, the complaint asserts that, in …
Continue Reading

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

Zeikos Inc. v. Walgreen Co., 2024 U.S. Dist. LEXIS 210978 (N.D. Ill. Nov. 20, 2024) MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant Walgreen Co.'s ("Walgreen") motion to compel Plaintiff Z ...
Zeikos Inc. v. Walgreen Co., 2024 U.S. Dist. LEXIS 210978 (N.D. Ill. Nov. 20, 2024) MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant Walgreen Co.’s (“Walgreen”) motion to compel Plaintiff Zeikos Inc. (“Zeikos”) to produce…
Continue Reading

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)

Meza-Perez v. Sbarro LLC, 2024 U.S. App. LEXIS 26503 (9th Cir. Oct. 21, 2024) (unpublished): MEMORANDUM* This appeal comes from a ten-day jury tri ...
Meza-Perez v. Sbarro LLC, 2024 U.S. App. LEXIS 26503 (9th Cir. Oct. 21, 2024) (unpublished): MEMORANDUM* This appeal comes from a ten-day jury trial where Plaintiff-Appellant Sandra Meza-Perez [*2]  (“Perez”) sued her supervisor, Defendant-Appellee Zachary Ceballes (“Ceballes”), for…
Continue Reading

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

Albert v. Global Tel*Link, 68 F.4th 906 (4th Cir. 2023): *908 Plaintiffs Ashley Albert, Ashley Baxter, Karina Jakeway, and Melinda Jabbie appeal the district court’s dismissal, under
Albert v. Global Tel*Link, 68 F.4th 906 (4th Cir. 2023): *908 Plaintiffs Ashley Albert, Ashley Baxter, Karina Jakeway, and Melinda Jabbie appeal the district court’s dismissal, under Federal Rule of Civil Procedure 12(b)(6), of their Racketeer Influenced and Corrupt…
Continue Reading

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

Czajkowski v. Richardson, 2024 U.S. App. LEXIS 27067 (10th Cir. Oct. 25, 2024) (unpublished): ...
Czajkowski v. Richardson, 2024 U.S. App. LEXIS 27067 (10th Cir. Oct. 25, 2024) (unpublished): ORDER AND JUDGMENT* Conrad J. Czajkowski appeals the district court’s dismissal with prejudice of his pro se action as a sanction for his abusive and …
Continue Reading

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)

Global Master Int’l Grp., Inc. v. Esmond Natural, Inc., 76 F.4th 1266 (9th Cir. 2023): Global Master Corporation, a Chinese company, seeks relief under the Racketeer Influenced and Corrupt Organizations Act for allegedly defective products purchased from California-based Esmond Natural, Inc. The district court held that Global Master Corporation failed to satisfy statu ...
Global Master Int’l Grp., Inc. v. Esmond Natural, Inc., 76 F.4th 1266 (9th Cir. 2023): Global Master Corporation, a Chinese company, seeks relief under the Racketeer Influenced and Corrupt Organizations Act for allegedly defective products purchased from California-based Esmond Natural,…
Continue Reading

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

Carmona v. N.J. Dep't of Educ., 2023 WL 5814677 (3d Cir. Sept. 8, 2023) (unpublished): OPINION* Plaintiff-Appellants are parents of children with disabilities in New Jersey who sued Def ...
Carmona v. N.J. Dep’t of Educ., 2023 WL 5814677 (3d Cir. Sept. 8, 2023) (unpublished): OPINION* Plaintiff-Appellants are parents of children with disabilities in New Jersey who sued Defendant-Appellees—the New Jersey Department of Education (“NJDOE”), the NJDOE Commissioner,…
Continue Reading

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Kendrick v. Amazon.Com Servs., LLC, 2024 U.S. App. LEXIS 27411 (6th Cir. Oct. 28, 2 ...
Kendrick v. Amazon.Com Servs., LLC, 2024 U.S. App. LEXIS 27411 (6th Cir. Oct. 28, 2024) (unpublished): ORDER Rome Kendrick, Jr., proceeding pro se, appeals the district court’s dismissal of his employment-discrimination case against his former employer, Amazon.com Services, LLC (Amazon),…
Continue Reading

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

Keyes Law Firm, LLC v. Napoli, 120 F.4th 139 (4th Cir. 2024): *141 Na ...
Keyes Law Firm, LLC v. Napoli, 120 F.4th 139 (4th Cir. 2024): *141 Napoli Law contests the sanctions award that the District Court of Maryland imposed in light of the Napoli firm’s abuse of process in two lawsuits filed in …
Continue Reading
1234Next

Recent Posts

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.

New York Office

© 2024 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice