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

RICO Statute of Limitations: Injury Occurs When Amount of Damages Is Clear, Definite — Investment Injury for Which Investor Has No Contractual or Legal Remedies Accrues at Time of Investment — Standards for Actual/Inquiry Notice, Equitable Tolling

Rosenshein v. Meshel, 2017 U.S. App. LEXIS 6960 (2d Cir. April 21, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on August 29, 2016, is AFFIRMED. Plaintiff Arnold Rosenshein, a real estate investor, …
Continue Reading

Inherent Power Sanctions — Vexatious Litigant Injunction — Factors — Apt in “Extraordinary Circumstances,” Even If Other Rules Apply — Repeated Litigation of Same Issues without Any Objective Good Faith Hope of Winning

Armatas v. Maroulleti, 2017 U.S. App. LEXIS 8628 (2d Cir. May 17, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED in part, and the appeal is…
Continue Reading

Rule 11 Sanctions: Appellate Jurisdiction — Once All Issues Relating to Order Adjudicated, Premature Notice of Appeal Ripens (All Details of Non-Monetary Sanctions Need Not Be Settled) — Law School Lectures as Sanction

Salmon v Nutra Pharma Corp., 2017 U.S. App. LEXIS 7544 (10th Cir. April 28, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this…
Continue Reading

Supreme Court: Arbitration — Rule That Inhibits Entering Arbitration Agreement (Requires Power of Attorney to Specifically OK Jury Waiver) Violates FAA — Rule “Applicable to Arbitration Agreements and Black Swans” (Good Quotes)

Kindred Nursing Ctrs. LP v. Clark, 2017 U.S. LEXIS 2948 (U.S. May 15, 2017): The Federal Arbitration Act (FAA or Act) requires courts to place arbitration agreements [*5]  "on equal footing with all other contracts." DIRECTV, Inc. v. Imburgia,…
Continue Reading

Instagram Authentication — Contents, Including Photos with Kids, Sufficient Evidence of Authenticity — Burden on Opponent to Show Hacking — “To Agree Evidence Is Weak Is Not to Agree It Is Speculative or Untenable” (Good Quote)

People v. Taylor, 2017 Cal. App. Unpub. LEXIS 3247 (Cal. Ct. App. May 12, 2017): Following a joint trial, a jury convicted Ruben Ramon Guajardo, the shooter, and his cousin Gino Wayne Taylor, an aider and abettor, of the first …
Continue Reading

Cumulative Racist Text Messages Excluded under Rule 403 in Employment Discrimination Trial — Attempted Spoliation of Texts Excluded as Irrelevant Where Contents “Repeated for the Jury Ad Nauseam”

Phoenix v. Coatesville Area Sch. Dist., 2017 U.S. App. LEXIS 4871 (3d Cir. Mar. 20, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In an employment …
Continue Reading

Rule 11, §1927 and Inherent Power Sanctions — Standards — Vexatious Litigant Injunctions Typically Used for Egregious Abuse of the Judicial Process — Mere Lack of Merit Insufficient for Imposition of Sanctions (Good Quotes)

Sorenson v. Wolfson, 2017 U.S. App. LEXIS 4591 (2d Cir. Mar. 16, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellant Stanley Wolfson appeals from…
Continue Reading

RICO/McCarran Ferguson: Claims Attacking Financial Condition, Accounting of Insurer Impair Regulation of Insurance, Requiring Second Guessing of Regulatory Judgments — Twiqbal: Unsophistication of Plaintiff Doesn’t Render Complex Claims Implausible

Ludwick v. Harbinger Grp., Inc., 2017 U.S. App. LEXIS 6391 (8th Cir. April 13, 2017): The question in this case is whether letting Dale Ludwick pursue her federal racketeering claims against an insurance company and its affiliates would impair state …
Continue Reading
Previous131132133134135136137Next

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