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

Sanctions — Appealability — Cunningham’s Bar of Interlocutory Review of Sanctions Orders, Including Those Sanctioning Withdrawn Counsel, Applies in Criminal as Well as Civil Cases

United States v. Haynes, 2015 U.S. App. LEXIS 12354 (8th Cir. July 17, 2015): Teresa Lynette Bloodman withdrew as Laquan Darell Haynes's attorney in a criminal case. The magistrate judge ordered her to return discovery material "as soon as possible." …
Continue Reading

Sanctions — Dismissal with Prejudice for Failure to Amend Complaint in Compliance with Judicial Instructions — Implicit Finding Lesser Sanctions Wouldn’t Suffice — Good Quotes on Need for Clear Pleadings, Seriousness of Filing Suit

Nurse v Sheraton Atlanta Hotel, 2015 U.S. App. LEXIS 11912 (11th Cir. July 10, 2015): Ronald A. Nurse, proceeding pro se, appeals the district court's sua sponte dismissal with prejudice of his amended complaint, which asserted 21 claims against the…
Continue Reading

Internet Chats — Party’s Statements Are Admissions and Unidentified Counterparties’ Statements Not Hearsay when Admitted to Provide Context for Party’s Statements

United States v. Beckman, 2015 U.S. App. LEXIS 12238 (6th Cir. July 13, 2015): III. Admission of Chats with Unidentified Individuals *** Beckman also claims that the chats with unidentified persons constituted inadmissible hearsay. But Beckman concedes he is jimmyab2010; …
Continue Reading

Internet Evidence & Residual Hearsay Exception — Reliability — Wikipedia (No), Blogs (Not These) — “Considering the Trustworthiness of a Document Cannot Be Punted when Analyzing Admissibility” (Good Quotes)

Kagen v. Kagen, 2015 Mich. App. LEXIS 1385 (Mich. Ct. App. July 14, 2015):  We previously remanded this matter to the circuit court for reconsideration of whether securing vaccinations for the parties' minor children was in the children's best interests. …
Continue Reading

Attorney’s Fees — Because Rule 54 Requires a Motion No Later Than 14 Days after Entry of Judgment, Motion May Be Filed Prior to Judgment — § 1927 Sanctions Require Conduct Akin to Bad Faith in 2d Circuit

16 Casa Duse, LLC v.Merkin, 2015 U.S. App. LEXIS 11053 (2d Cir. June 29, 2015): V. Fees and Sanctions Merkin and Reichman argue that the district court made legal errors in awarding fees and costs to Casa Duse under the…
Continue Reading

Rule 12(g) Doesn’t Bar Defense Available on Earlier MTD If Court Didn’t Reach Merits — Failure to Perform Contract= RICO Injury — Corp + Subs ≠ Enterprise — Providing Services & Knowledge ≠ Operation & Mgmt. — Reliance, Good Quotes

In re Aetna UCR Litig., 2015 U.S. Dist. LEXIS 84600 (D.N.J. June 30, 2015): This matter comes before the Court on three separate motions: (1) plaintiffs' motion for leave to file a third amended consolidated complaint; (2) defendant Aetna's motion…
Continue Reading
Previous199200201202203204205Next

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