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

Hearsay—911 Call: Present Sense Impression May Apply to Answers to Questions after the Event, Requires No Calculated Narration — Excited Utterance (Factors), May Be More Probative Than Later Testimony Given after Consequences Considered

United States v. Boyce, 742 F.3d 792 (7th Cir. 2013): After a foot chase during which an officer said he saw Darnell Boyce throw a gun into a yard, officers recovered the gun from the area and also found ammunition for the gun in Boyce's pocket. A jury convicted Boyce of being a felon in possession of a firearm and ammunition. He ...
United States v. Boyce, 742 F.3d 792 (7th Cir. 2013): After a foot chase during which an officer said he saw Darnell Boyce throw a gun into a yard, officers recovered the gun from the area and also found ammunition…
Continue Reading

Rule 37 Dismissal Sanction Warranted for Refusal to Sit for Deposition on Fifth Amendment Grounds — Party Must Appear and Assert the Fifth Question by Question — Can’t Refuse to Attend — Dismissal Sanction Requires Willfulness or Bad Faith

United States v. Twenty-Nine Pre-Columbian And Colonial Artifacts From Peru, 2017 U.S. App. LEXIS 9748 (11th Cir. June 2, 2017): Jean Combe-Fritz appeals from the district court's final judgment of forfeiture of a number of artifacts confiscated from him by U.S. Customs and Border Protection ("CBP") when he arriv ...
United States v. Twenty-Nine Pre-Columbian And Colonial Artifacts From Peru, 2017 U.S. App. LEXIS 9748 (11th Cir. June 2, 2017): Jean Combe-Fritz appeals from the district court's final judgment of forfeiture of a number of artifacts confiscated from him by …
Continue Reading

Prohibition against Claim-Splitting: Factors—Transactional Analysis—Second Suit Not Saved by Extending Time Period, Adding Claims—Same Series of Transactions, Same Goals Dispositive—Relationship to Res Judicata

Vanover v. NCO Fin. Servs., 857 F.3d 833 (11th Cir. 2017): Plaintiff-Appellant Karen Vanover ("Vanover") sued Defendant-Appellee NCO Financial Systems, Inc. ("NCO"), on April 23, 2014, for violations of the
Vanover v. NCO Fin. Servs., 857 F.3d 833 (11th Cir. 2017): Plaintiff-Appellant Karen Vanover ("Vanover") sued Defendant-Appellee NCO Financial Systems, Inc. ("NCO"), on April 23, 2014, for violations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227,…
Continue Reading

Rule 37(c) Sanctions: Non-Disclosure of Documents under 26(a) ≠ Exclusion If Defendant Already Has Them (No Surprise) — Experts: Reasonableness of Conduct in Light of Regulatory Framework ≠ Legal Opinion—Punitive Damages: Constitutionality

Daugherty v. Ocwen Loan Serv., LLC, 2017 WL 3172422 (4th Cir. July 26, 2017): Plaintiff David Daugherty filed a complaint under the Fair Credit Reporting Act (FCRA),
Daugherty v. Ocwen Loan Serv., LLC, 2017 WL 3172422 (4th Cir. July 26, 2017): Plaintiff David Daugherty filed a complaint under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., alleging that defendant Ocwen Loan Servicing, LLC …
Continue Reading

Texts Authenticated as Def’s: (1) Police Took 2 Phones from Room Def. & Girlfriend Rented, (2) One Listed Girlfriend as Frequent Contact, (3) Def. ID’ed Self in Texts on That Phone & (4) Selfie of Def. Was on Phone — All Texts=Admissions

Roberts v. State, 2017 Ind. App. Unpub. LEXIS 1024 (Ind. Ct. App. July 31, 2017): P1 A jury convicted Ronnell Roberts of level 2 felony dealing in cocaine and class A misdemeanor dealing in marijuana. Roberts now appeals, challenging the admission of certain evidence at trial as well as the sufficiency of the evidence to support his c ...
Roberts v. State, 2017 Ind. App. Unpub. LEXIS 1024 (Ind. Ct. App. July 31, 2017): P1 A jury convicted Ronnell Roberts of level 2 felony dealing in cocaine and class A misdemeanor dealing in marijuana. Roberts now appeals, challenging the…
Continue Reading

Arbitration — Equitable Tolling Applies to Motion to Vacate, Modify or Correct an Award under FAA § 12 — Evident Partiality: Standard; Not Shown by Dated, Attenuated or Insubstantial Ties

A. Miner Contr., Inc. v. Dana Kepner Co., 2017 U.S. App. LEXIS 15536, 2017 WL 3530894 (9th Cir. Aug. 17, 2017): Appellant A. Miner Contracting, Inc. ("Miner") appeals the district court's order denying Miner's petition to vacate an arbitration award entered against it and in favor of Appellee Dana Kepner Company, Inc ...
A. Miner Contr., Inc. v. Dana Kepner Co., 2017 U.S. App. LEXIS 15536, 2017 WL 3530894 (9th Cir. Aug. 17, 2017): Appellant A. Miner Contracting, Inc. ("Miner") appeals the district court's order denying Miner's petition to vacate an arbitration award…
Continue Reading

RICO Standing: Injury to Heirs from Fraud on Estate Too Speculative, Indirect — Rule 11 & Inherent Power Sanctions: New Trial Motion Motivated by Desire to Increase Costs = Improper Purpose — Counsel Must Separately Appeal Sanctions

Sheshtawy v. Gray, 2017 U.S. App. LEXIS 17790 (5th Cir. Sept. 14, 2017): PER CURIAM:* *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. Pl ...
Sheshtawy v. Gray, 2017 U.S. App. LEXIS 17790 (5th Cir. Sept. 14, 2017): PER CURIAM:* *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the…
Continue Reading

Judicial Notice of Internet Evidence: Notice of Wayback Machine Results OK Based on Affidavit from Butler — Date in Wayback URL = Date Party Assigns to Page — Screenshots on Party’s Facebook Page Also Noticed

Dzinesquare, Inc. v. Armano Luxury Alloys, Inc., 2014 U.S. Dist. LEXIS 197546 (C.D. Cal. Dec. 22, 2014): Defendant Armano Luxury Alloys Inc.'s Motion for Partial Summary Judgment as to Invalidity (Fld 11-12-14) Cause called and counsel make their appearances. The Court's tentative ruling is issued. Counsel submit on the ...
Dzinesquare, Inc. v. Armano Luxury Alloys, Inc., 2014 U.S. Dist. LEXIS 197546 (C.D. Cal. Dec. 22, 2014): Defendant Armano Luxury Alloys Inc.'s Motion for Partial Summary Judgment as to Invalidity (Fld 11-12-14) Cause called and counsel make their appearances. The…
Continue Reading

Incoming Texts Not Hearsay: By Responding Affirmatively to Offers to Buy Drugs, Party Adopted Implied Assertions He Had Drugs for Sale — Also Admissible As Context to Make Responses Intelligible

State v. Ulmer, 2017 Ariz. App. Unpub. LEXIS 1125 (Ariz. Ct. App. Aug. 15, 2017): P1 After a jury trial, Clinton Ulmer was convicted of possession of a narcotic drug for sale and possession of drug paraphernalia. The trial court sentenced him to concurrent terms of imprisonment, the longer of which is 3.5 years. On appeal, he ...
State v. Ulmer, 2017 Ariz. App. Unpub. LEXIS 1125 (Ariz. Ct. App. Aug. 15, 2017): P1 After a jury trial, Clinton Ulmer was convicted of possession of a narcotic drug for sale and possession of drug paraphernalia. The trial court…
Continue Reading

Spoliation — Adverse Inference Instruction “Usually Makes Sense” Only If Bad Faith — Undercut by Prior Notice of Destruction & Opportunity to Analyze — Sanctions Should Fit the Crime — Merits Decision Preferred

Sharp v. Hylas Yachts, LLC, 2017 U.S. App. LEXIS 18388 (1st Cir. Sept. 22, 2017): Following an eleven-day jury trial and verdict, the district court entered judgment against Hylas Yachts, LLC and in favor of plaintiffs Nelson Sharp and his LLC, Destiny Yachts, in the amount of $663,774 plus interest and costs, on account of numerous d ...
Sharp v. Hylas Yachts, LLC, 2017 U.S. App. LEXIS 18388 (1st Cir. Sept. 22, 2017): Following an eleven-day jury trial and verdict, the district court entered judgment against Hylas Yachts, LLC and in favor of plaintiffs Nelson Sharp and his…
Continue Reading
Previous124125126127128129130Next

Recent Posts

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

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

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice