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

Lay Opinion Testimony Based on Hearsay Statements Made by Unidentified Individuals, Well Beyond Witness’s Personal Experience, Violates Rule 701 — Email Containing Hearsay That Is Relevant to State of Mind Only If Hearsay Is True Is Inadmissible

United States v. Lloyd, 2015 U.S. App. LEXIS 21056 (9th Cir. Dec. 4, 2015): Five defendants appeal their convictions or sentences for selling unregistered securities. The defendants worked for telemarketing "boiler rooms" in California and Florida, soliciting investments in partnerships…
Continue Reading

Rule 11 — Failing, in Summary Judgment Opposition Brief, to Make Specific Arguments in Defense of Claims Subject to Rule 11 Motion Is Not Equivalent to Withdrawing Them Per Safe Harbor

Barrett-Bowie v. Select Portfolio Servicing, Inc., 2015 U.S. App. LEXIS 20706 (5th Cir. Nov. 25, 2015): [Plaintiff’s counsel] appeal the district court's Rule 11 sanction order reprimanding them for submitting pleadings that contained factual allegations that Appellants knew were false.…
Continue Reading

Diversity Jurisdiction — Supreme Court Has Granted Cert to Resolve Circuit Split as to Whether Citizenship of a Trust Is Determined by Citizenship of Controlling Trustees, Trust Beneficiaries or Some Combination of Both

WNWSR, LLC v. Chesapeake Energy Corp., 2015 U.S. Dist. LEXIS 159527 (S.D. Tex. Nov. 19, 2015): 5   The courts of appeals agree that the citizenship of a limited liability company is determined by the citizenship of the company's shareholders. Grupo…
Continue Reading

30(b)(6) Testimony Binding Only in Sense It Can Be Used Against Organization — Testimony Can be Corrected, Explained or Supplemented — Entity Isn’t Bound to Whatever a Fairly-Prepared and Candid Deponent Happens to Recall

Keepers, Inc. v. Sidepockets, Inc., 2015 U.S. App. LEXIS 20223 (2d Cir. Nov. 20, 2015): Plaintiff Keepers, Inc. ("Keepers") and defendant City of Milford, Connecticut ("Milford" or "the City") appeal and cross-appeal, respectively, from partial summary judgment awards to each…
Continue Reading

Changes to Deposition Testimony — Circuit Split as to Whether Substantive Changes Allowed — In Some Circuits That Allow Substantive Changes, Sham Affidavit Rule Bars Contradiction, But Applies Only on Summary Jmt; Otherwise, Credibility Is for Jury

Arce v. Chi. Trans. Auth., 2015 U.S. Dist. LEXIS 159917 (N.D. Ill. Nov. 30, 2015): On June 29, 2015, Defendant Chicago Transit Authority (the "CTA") deposed Charlotte Arce, spouse of Plaintiff Israel Arce, based upon Plaintiff's Rule 26(a) disclosure that …
Continue Reading

RICO — “Difficult, Though Not Impossible, to Certify a Class in a RICO Mail Fraud Case” — First Party Reliance Usually Means Individual Inquiry — Setting Sights Lower Could Work Using Generalized Proof — Potential Use of Regression Analyses

Sergeants Benevolent Ass’n Health & Welfare Fund v. Sanofi-Aventis U.S. LLP, 2015 U.S. App. LEXIS 19797 (2d Cir. Nov. 13, 2015 (2d Cir Nov. 13, 2015): Plaintiffs-Appellants are three health-benefit plans ("HBPs") that brought suit under the Racketeer Influenced and …
Continue Reading

Spoliation — Adverse Inference Rejected — Lost Documents Likely Irrelevant — Presumption Insufficient to Show Prejudice — Instruction Could Effectively End Case — Fees Awarded for Needed Additional Discovery

Ruzhinskaya v. HealthPort Techs., LLC, 2015 U.S. Dist. LEXIS 156685 (S.D.N.Y. Nov. 19, 2015): This decision resolves a motion for sanctions against plaintiff Tatyana Ruzhinskaya ("Ruzhinskaya") and her counsel. The motion, by defendant HealthPort Technologies, LLC ("HealthPort"), seeks sanctions arising …
Continue Reading

Documents Obtained from FDIC (or Other Governmental) Website Are Self-Authenticating and Properly Considered on Summary Judgment — Judicial Notice OK — (Official Documents of the Agency, Not Third Party Documents Posted on Site)

Avery v. LPP Mortgage, Ltd., 2015 Tex. App. LEXIS 11136 (Tex. Ct. App. Oct. 29, 2015): Appellant, Allan R. Avery, appeals the trial court's grant of summary judgment in favor of appellee, LPP Mortgage, Ltd. [LPP], on two notes guaranteed…
Continue Reading
Previous185186187188189190191Next

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