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

Rule 37(c)(1) Sanctions — When Preclusion (Here of Damages Computation Not Disclosed Per 26(a)(1)) Will Result in Functional Dismissal of the Case, Finding of Willfulness, Fault or Bad Faith Is Required, and Lesser Sanctions Must Be Considered

Tablizo v. City of Las Vegas, 2018 WL 1979048 (9th Cir. Apr. 27, 2018): MEMORANDUM* Plaintiff-Appellant Cely Tablizo appeals the district court’s grant of summary judgment for Defendant-Appellee the City of Las Vegas. We have jurisdiction under 28 U.S.C. § …
Continue Reading

Social Media Video (YouTube/Facebook) Authenticated by Evid. of Download, Contents — No Need for Creator or Cert. from Website — Lay Opinion OK If Wit. in Better Position Than Jury to Identify Person, Object, Voice (Collecting Cases)

Lamb v. State, 2018 Fla. App. LEXIS 6086 (Fla. Ct. App. May 2, 2018): The defendant appeals from his convictions, arising from a carjacking, for grand theft of a vehicle and grand theft. The defendant primarily argues that the …
Continue Reading

§ 1927 Sanctions: Only Excess Costs Recoverable — Recusal: Expressions of Impatience, Annoyance, Anger Not Enough — In Limine Ruling Generally Superfluous in Bench Trials But No Error to Issue One

Ketab Corp. v. Mesriani & Assocs., PC, 2018 WL 2041424 (9th Cir. May 2, 2018): MEMORANDUM** *1 This case is a consolidated appeal arising from Plaintiff-Appellant Ketab Corp.’s (“Ketab”) claims against Defendants-Appellees Mesriani & Associates, P.C. aka, Mesriani Law…
Continue Reading

RICO: Negative Letter, Bar Complaint, Destroying Records ≠ Hobbs Act (Defs. Receive Nothing of Value That Can Be Exercised, Transferred or Sold) — Alleged Bribery of Official to Keep Quiet About His Own Misconduct Implausible (No Need to Pay)

Block v. Snohomish Cty., 2018 WL 1978954 (9th Cir. Apr. 27, 2018): In appeal No. 15-35569, Plaintiff Anne Block (“Block”) appeals the dismissal with prejudice of her second amended complaint against Snohomish County, the City of Gold Bar, and various…
Continue Reading

Rule 38 Sanctions — Timeliness — Motion Must Be Filed within Time Allotted for Attorney’s Fees Application by Local Circuit Rule (9th Cir.) — If Double Costs Sought, Bill of Costs Must Be Timely Filed under FRAP and Circuit Rule

In re Westwood Plaza N., 2018 U.S. App. Lexis 11176 (May 1, 2018) (amended opinion): PER CURIAM: The court’s October 11, 2017 order dismissed in part this appeal for lack of jurisdiction, and summarily affirmed in part the district court’s…
Continue Reading

Inherent Power Sanctions: Fee Award That “Approximated a Reasonable Rate for the Time Spent in Defending” Bad Faith Litigation Satisfies Goodyear’s Mandate That Award Can’t Exceed Actual Cost Imposed by Misconduct

Regions Bank v. Gateway Hous. Found., 2018 U.S. App. LEXIS 10991 (6th Cir. Apr. 30, 2018): Gateway Housing Foundation and Terry McNellis appeal the district court's award of sanctions to Regions Bank. All agree that the award should be…
Continue Reading
Previous9596979899100101Next

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