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

Emails May Be Authenticated Circumstantially—Party’s Emails Are Admissions, 3rd Parties’ OK for Context — Wayback Machine Authenticable by Custodian Testimony, and Other Website Printouts by Testimony from Person Who Downloaded It

United States v. Gasperini, 2017 U.S. Dist. LEXIS 114166 (E.D.N.Y. July 21, 2017): Defendant Fabio Gasperini is charged with two counts of computer intrusion, one count of conspiracy to commit wire fraud, one count of wire fraud, and one count …
Continue Reading

Inherent Power Sanctions: Evidence Preclusion, Attorneys’ Fees for Extrajudicial Conduct Aimed at Jury Pool & Potential Witnesses (Website, Ringless Voicemails) & Ethical Violations of Lawyer-Party (Lack of Candor to the Court & Obstruction)

Diamond Consortium, Inc. v Manookian, 2017 U.S. Dist. LEXIS 122625 (E.D. Tex. Aug. 3, 2017): Pending before the Court is Plaintiffs' Emergency Motion for Order to Show Cause (Potential Contempt of Court and Sanctions) (the "Emergency Motion") (Dkt. 269), the…
Continue Reading

Rule 11 Sanctions — Safe Harbor Must Be Honored Only Once Per Motion — If Denied without Prejudice, Motion May Be Renewed without Additional Safe Harbor — Needn’t Be 100% Identical 2d Time But Must Be Essentially the Same Motion (Case Law Split)

Merritt v. Lake Jovita Homeowners Ass’n, Inc., 2010 WL 11507746 (M.D. Fla. May 11, 2010): *1 BEFORE THE COURT is Defendants Lyons Heritage Pasco, LLC, Lyons Land Pasco, LLC, Bobby Lyons, and Morris Needles’ (the “Lyons Defendants”) Motion for Relief…
Continue Reading

Blog Authentication Requires Testimony/Declaration Coupled with Circumstantial Indicia of Authenticity, Such as the Date & Web Address Appearing on Printout — Printouts from Commercial Websites Are Not Self-Authenticating

In re Carrsow-Franklin (Kennerty v. Carrsow-Franklin), 456 B.R. 753 (D.S.C. Bankr. Sept. 16, 2011): This matter comes before the Court on the Motion for Protective Order (“Motion”) filed by Herman John Kennerty (“Kennerty”). A hearing on the Motion was conducted…
Continue Reading

Civil Service Reform Act Precludes Civil RICO Action by Federal Employee against Coworkers & Supervisors (Issue of First Impression in Ct. App.) — So, Too, Does Title VII — 6½ Year Delay in Deciding SJ No Reason to Reverse

González v. Vélez, 2017 WL 3124431 (1st Cir. July 24, 2017): *1 This is a federal-sector employment discrimination case, in which the plaintiffs have attempted to improve their lot by invoking extravagant theories of liability. The plaintiffs’ theories run headlong …
Continue Reading

Spoliation — No Abuse of Discretion to Impose Monetary Sanctions & Not Adverse Inference Where Ex-Employee 4 Times Attempted to Delete Data from Hard Drive and Was Not Candid in Discovery (No Reference to Rule 37(e))

Integrated Direct Mktg., LLC v. May, 2017 U.S. App. LEXIS 9369 (4th Cir. May 30, 2017): PER CURIAM: Integrated Direct Marketing, LLC ("IDM") appeals the district court's grant of summary judgment to Drew May and Merkle, Inc. ("Merkle," collectively, "Defendants"),…
Continue Reading
Previous123124125126127128129Next

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.

New York Office

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