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

Complex Lit Blog

12(b)(6) Motions: SEC Filings and News Articles Judicially Noticeable to Show What Was Available to the Market (Securities Action), Not for Truth — Are Forms 4 Noticeable Absent Allegations of Stock Sales? Case Law Split

Shenwick v. Twitter, Inc., 2017 U.S. Dist. LEXIS 170901 (N.D. Cal. Oct. 16, 2017): Twitter is a social media company that, like other social media companies, depends on advertising revenue. Accordingly, how many users T ...
Shenwick v. Twitter, Inc., 2017 U.S. Dist. LEXIS 170901 (N.D. Cal. Oct. 16, 2017): Twitter is a social media company that, like other social media companies, depends on advertising revenue. Accordingly, how many users Twitter has, and whether those…
Continue Reading

RICO: Causal Chain Too Attenuated for Third Party Payors to Sue for Improper Off-Label Uses — Need to Attach Expert Report (Here, Regression Analysis) to Complaint to Save It If Nothing Comparable Exists In Published Literature

Sidney Hillman Health Ctr. of Rochester v. Abbott Labs., 2017 U.S. App. LEXIS 19925 (7th Cir. Oct. 12, 2017): The Food and Drug Administration has approved the use of Depakote (divalproex [*2]  sodium) to treat seizures, migraine headaches, and some conditions associated with bipolar disorder. Physicians are free to ...
Sidney Hillman Health Ctr. of Rochester v. Abbott Labs., 2017 U.S. App. LEXIS 19925 (7th Cir. Oct. 12, 2017): The Food and Drug Administration has approved the use of Depakote (divalproex [*2]  sodium) to treat seizures, migraine headaches, and some…
Continue Reading

Electronic Spoliation — Third Circuit Definition (Unaffected by 37(e)) — Deletion of Email Account in Ordinary Course Long Before Litigation Threatened ≠ Spoliation

Archer v. York City School Dist., 2017 U.S. App. LEXIS 18636 (3d Cir. Sept. 27, 2017): *   This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. This case arises from the decision of the Board of Directors ("the Board") for t ...
Archer v. York City School Dist., 2017 U.S. App. LEXIS 18636 (3d Cir. Sept. 27, 2017): *   This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. This case arises…
Continue Reading

Good Quotes on Evidence: Experts/Daubert, Rule 403, Credibility, Hearsay — Also Sufficiency of Objections to Preserve Error — All Summarized Up Front

These are good quotes from the following case (highlighted in the text of the case, below): Lang never raised the *** objection specifically***. The district court was not obligated to do Lang's work for her.  Counsel does not preserve an objection simply by making a vague, global objection that ev ...
These are good quotes from the following case (highlighted in the text of the case, below): Lang never raised the *** objection specifically***. The district court was not obligated to do Lang's work for her.  Counsel does not preserve an …
Continue Reading

Rule 37(c)(1) Sanctions: If Exclusion = Dismissal, Must Consider Lesser Sanctions — 37(b) + 37(c)(1) Factors — Meaning of Abuse of Discretion (10th Cir.); Court Must Explain Decision—If Fees Awarded after Appeal Noticed, Must Notice Again or Amend

HCG Platinum, LLC v. Preferred Prod. Placement Corp., 2017 U.S. App. LEXIS 20229 (10th Cir. Oct. 17, 2017): HCG Platinum, LLC ("HCG") and Preferred Product Placement Corporation ("PPPC") entered into a Manufacturer's Representative Agreement ("Marketing Agreement"), under which PPPC agreed to plac ...
HCG Platinum, LLC v. Preferred Prod. Placement Corp., 2017 U.S. App. LEXIS 20229 (10th Cir. Oct. 17, 2017): HCG Platinum, LLC ("HCG") and Preferred Product Placement Corporation ("PPPC") entered into a Manufacturer's Representative Agreement ("Marketing Agreement"), under which PPPC agreed…
Continue Reading

Evidence: That Testimony Is Self-Serving Is No Reason to Exclude It — Production of Emails by Adversary Authenticates Them for for Summary Judgment — A Declaration Stating How Doc Will Be Authenticated for Trial Sufficent on SJ

Johnson v. Cameron Int’l Corp., 2017 U.S. Dist. LEXIS 135794 (S.D. Tex. Aug. 24, 2017): Pending before the court are (1) plaintiff Cameron International Corporation's ("Cameron") motion for summary judgment (Dkt. 14), and (2) Cameron's objections to plaintiff Willie Johnson's summary judgment evidence (Dkt. 17) ...
Johnson v. Cameron Int’l Corp., 2017 U.S. Dist. LEXIS 135794 (S.D. Tex. Aug. 24, 2017): Pending before the court are (1) plaintiff Cameron International Corporation's ("Cameron") motion for summary judgment (Dkt. 14), and (2) Cameron's objections to plaintiff Willie Johnson's…
Continue Reading

Blog Admissibility & Authentication — Use of 28 U.S.C. § 1782 for Document Discovery into Identity of Blogger and Testimony Sufficient to Authenticate Blog Posts

In re Ex Parte Application of Darmon, 2017 WL 3283969 (N.D. Cal. Aug. 2, 2017): ORDER GRANTING EX PARTE APPLICATION FOR ORDER TO OBTAIN DISCOVERY FOR USE IN FOREIGN PROCEEDINGS Re: Dkt. No. 1 *1 Applicant Raphael Darmon (“Darmon”) filed an ex parte application seeking permission to issue a ...
In re Ex Parte Application of Darmon, 2017 WL 3283969 (N.D. Cal. Aug. 2, 2017): ORDER GRANTING EX PARTE APPLICATION FOR ORDER TO OBTAIN DISCOVERY FOR USE IN FOREIGN PROCEEDINGS Re: Dkt. No. 1 *1 Applicant Raphael Darmon (“Darmon”) filed…
Continue Reading

RICO Extraterritoriality: Injury to Tangible Property, Including Cash in Bank & Bearer Shares of Foreign Entity in Safety Deposit Box, Is Domestic If Located in US, Even If Plaintiff Lives Abroad — Theft of Shares vs. Decline in Value

Bascuñán v. Elsaca, 2017 U.S. App. LEXIS 21519 (2d Cir. Oct. 30, 2017): The question presented in this appeal is whether the plaintiffs have plausibly alleged "a domestic injury ...
Bascuñán v. Elsaca, 2017 U.S. App. LEXIS 21519 (2d Cir. Oct. 30, 2017): The question presented in this appeal is whether the plaintiffs have plausibly alleged "a domestic injury" to their business or property within the meaning of Section …
Continue Reading

Securities — Does LIFO or FIFO Apply in the Section 11 Traceability Context? — Since LIFO Is Used to Calculate Losses, Court Use It to Determine Traceability (First Impression)

In re LendingClub Secs. Litig.. 2017 U.S. Dist. LEXIS 174208 (N.D. Cal.  )ct. 20, 2017): ORDER RE CLASS CERTIFICATION INTRODUCTION In this PSLRA ...
In re LendingClub Secs. Litig.. 2017 U.S. Dist. LEXIS 174208 (N.D. Cal.  )ct. 20, 2017): ORDER RE CLASS CERTIFICATION INTRODUCTION In this PSLRA action, lead plaintiff moves for class certification and to enjoin a parallel state action. Class representatives…
Continue Reading

Avoidance of Rule 11 Sanctions by Withdrawing Complaint During Safe Harbor Period Does Not Insulate Party from Exceptional Case Fees under 35 U.S.C. § 285 (Patent Cases)

Rothschild Connected Devices Innovations, LLC v. Guardian Protection Servs., Inc., 2017 U.S. App. LEXIS 9876 (Fed. Cir. June 5, 2017): Appellant ADS Security, L.P. ("ADS") appeals the opinion and order of the U.S. District Court for the Eastern District of Texas ("District Court") denying ADS's request for ...
Rothschild Connected Devices Innovations, LLC v. Guardian Protection Servs., Inc., 2017 U.S. App. LEXIS 9876 (Fed. Cir. June 5, 2017): Appellant ADS Security, L.P. ("ADS") appeals the opinion and order of the U.S. District Court for the Eastern District of…
Continue Reading
Previous112113114115116117118Next

Recent Posts

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

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