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

Post-Appellate Proceedings on Remand: Under the Rule of Mandate, District Court May Decide Anything Not Foreclosed by Mandate & May Deviate from Mandate If Doing So Is Not Counter to the Spirit of the Circuit’s Opinion

Alexander v. Wessell, 2018 WL 3433825 (9th Cir. July 17, 2018): MEMORANDUM* *1 Kevin W. Wessell appeals the district court’s amended judgment of March 6, 2017 awarding Thomas E. Alexander $ 1,574,355, along with post-judgment interest and attorney’s fees, for…
Continue Reading

Sanctions: Shotgun Complaint (All Counts Aimed at All Defendants, Each Incorporating All Factual Allegations) Is Facially Dismissible in 11th Circuit, Constitutes Obstruction when Filed to Delay (Here, Foreclosure) — FRAP 38 Sanctions for Appeal

Jackson v. Bank of Am., N.A., 2018 U.S. App. LEXIS 21517 (11th Cir. Aug. 3, 2018): This appeal involves an abuse of process engineered to delay or prevent execution of a foreclosure judgment on a residence and the consequent …
Continue Reading

Arbitration: Court Uses Look-Through (Not Well-Pleaded Complaint) Approach to Decide Federal Question Jurisdiction over Motion to Compel — Circuit Split as to Whether That Approach Applies to Petition to Confirm, Vacate or Modify

HealthSpring Life & Health Ins. Co. v. Tex. Health Mgmt. LLC,  , ,8 U.S. Dist. LEXIS 105467, 2018 WL 3105655 (E.D. Tex. June 25, 2018): Pending before the Court is Plaintiff HealthSpring Life & Health Insurance Company, Inc.'s ("HealthSpring")…
Continue Reading

Facebook/Social Media Photos — Unnecessary to Authenticate Account to Authenticate Photos — Postings on Social Media Aren’t Business Records of the Platform — Circumstantial Authentication (Surroundings)

United States v. Farrad, 2018 U.S. App. LEXIS 19614 (6th Cir. July 17, 2018): Although the phrase "going undercover" may still connote high-stakes masquerading, twenty-first century undercover investigations can begin and end in cyberspace. This case stems from an …
Continue Reading

Spoliation: Rule 37(e) Inadequate to Deal with Intentional Manipulation, Modification of ESI — Inherent Power Dismissal Apt — Appropriate to Punish Wife & Closely Held Corp., Too, when Husband Is Malefactor, Benefits All, & She Declines to Testify

Malone v. Weiss, 2018 U.S. Dist. LEXIS 129606 (E.D. Pa. Aug. 2, 2018): MEMORANDUM OPINION This case arises out of the sale of Second Opinion, Inc. ("Second Opinion"), a service business which connects lawyers representing personal injury plaintiffs to …
Continue Reading

Instructions—Commingling Rule: If Case Sent to Jury on Multiple Legal Theories, 1 of Which Is Invalid, Verdict Infirm — If Multiple Factual Theories, 1 Lacking Sufficient Evidence, Not So — Circumstantial YouTube Authentication, Failure to Rebut

Nester v. Textron, Inc., 888 F.3d 151 (5th Cir. 2018): Gini Nester suffered permanent injuries when an unmanned utility vehicle ran her over. Gini and her husband sued Textron, the vehicle's manufacturer, alleging that the vehicle was defectively designed. …
Continue Reading

Spoliation: Fifth Circuit Requires “Bad Conduct,” Which Generally = Evidence of Bad Faith — None Present Where Irrelevant Evidence and Deleted Pursuant to Standardized Retention Policy

Bryant v. Wal-Mart La., L.L.C., 2018 U.S. App. LEXIS 18312, 2018 WL 3322871 (5th Cir. July 5, 2018) (unpublished): PER CURIAM:* The district court granted summary judgment to Wal-Mart Louisiana, L.L.C. ("Wal-Mart") on Melanee Bryant's slip-and-fall claim. We…
Continue Reading

Rule 56(f): “Naked Attack” on Credibility of Affiants — Speculation, Fanciful Allegations Not Enough — Litigation Privilege Applies Regardless of Malice, Bad Faith, If Lawyer’s Stmt Tied to Lit., “Barest Rationality” Suffices (Good Quotes)

Grayson v. Ressler & Ressler, 2018 U.S. Dist. LEXIS 126479 (S.D.N.Y. July 27, 2018): Violet Elizabeth Grayson ("Grayson" or "Plaintiff") brings this action against Ressler & Ressler, a law firm, Ellen Werther ("Werther"), and Bruce Ressler ("Ressler") (together, "Defendants").…
Continue Reading
Previous86878889909192Next

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