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

Rule 11 Sanctions — If a Party Forms a Belief Based on a Reasonable Inquiry Limited by a Prospective Adversary’s Withholding of Information, Asserts That Its Position “Will Likely Have Evidentiary Support,” Party Has Satisfied Rule 11

Amgen Inc.v. Hospira, Inc., 2017 U.S. App. LEXIS 14747 (Fed. Cir. Aug. 10, 2017): Amgen Inc. ("Amgen") appeals an order of the United States District Court for the District of Delaware denying Amgen's motion to compel discovery from Hospira, Inc. ("Hospira") in a patent infringement case governed by the Biologi ...
Amgen Inc.v. Hospira, Inc., 2017 U.S. App. LEXIS 14747 (Fed. Cir. Aug. 10, 2017): Amgen Inc. ("Amgen") appeals an order of the United States District Court for the District of Delaware denying Amgen's motion to compel discovery from Hospira, Inc.…
Continue Reading

RICO: Failure to Allege Violations of Predicate Acts Listed in § 1961(1) Dooms Claim — Judicial Recusal: Fact Judge’s Son Is Non-Partner Lawyer at Firm Before Her Doesn’t Require Recusal

Brown v. Burch, Porter & Johnson, PLLC, 2016 WL 9448027 (6th Cir. Nov. 21, 2016):   *1 Pro se litigant Kim Brown appeals a district court judgment dismissing his civil action filed pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”) ...
Brown v. Burch, Porter & Johnson, PLLC, 2016 WL 9448027 (6th Cir. Nov. 21, 2016):   *1 Pro se litigant Kim Brown appeals a district court judgment dismissing his civil action filed pursuant to the Racketeer Influenced and Corrupt Organizations Act…
Continue Reading

Spoliation — Suppression of Evidence Enough — Bad Faith Still Required for Spoliation of Tangible Evidence in Third Circuit

Davis v. Quaker Valley Sch. Dist., 2017 U.S. App. LEXIS 9916 (3d Cir. June 5, 2017): **   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Shinic Davis, individually and on behalf her son ("E.D."), brought a race-based discrimination and retaliati ...
Davis v. Quaker Valley Sch. Dist., 2017 U.S. App. LEXIS 9916 (3d Cir. June 5, 2017): **   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Shinic Davis, individually…
Continue Reading

Social Media Authentication — Facebook Message Excluded for Failure to Present Evidence of Distinctive Characteristics Linking Contents Linking to Alleged Sender — Methods of Twitter & Facebook Authentication

Richardson v State, 2017 Ind. App. LEXIS 286 (Ind. Ct. App. July 6, 2017): P1 Appellant-Defendant, Terrance L. Richardson (Richardson), appeals his conviction for murder, a felony, Ind. Code § 35-42-1-1. P2 We affirm. ISSUES P3 Richardson raises two issues for our review ...
Richardson v State, 2017 Ind. App. LEXIS 286 (Ind. Ct. App. July 6, 2017): P1 Appellant-Defendant, Terrance L. Richardson (Richardson), appeals his conviction for murder, a felony, Ind. Code § 35-42-1-1. P2 We affirm. ISSUES P3 Richardson raises two issues…
Continue Reading

Judicial Notice of Internet Evidence: Attorney Affidavit of Search of Government Website Sufficient to Authenticate Printout on Summary Judgment — Testimony Chat Log Fully and Fairly Reproduces Chats Also Sufficient

Brown v. JNH Invs., 2017 U.S. Dist. LEXIS 117889 (E.D. Tex. July 7, 2017):  [*1] REPORT AND RECOMMENDATIONOF UNITED STATES MAGISTRATE JUDGE Pending before the Court is Defendants JNH Investments, Inc., J and H Investments Group, LLC, John Alsenih, and Haitham Faraj's Motion ...
Brown v. JNH Invs., 2017 U.S. Dist. LEXIS 117889 (E.D. Tex. July 7, 2017):  [*1] REPORT AND RECOMMENDATIONOF UNITED STATES MAGISTRATE JUDGE Pending before the Court is Defendants JNH Investments, Inc., J and H Investments Group, LLC, John Alsenih, and…
Continue Reading

Emails May Be Authenticated Circumstantially—Party’s Emails Are Admissions, 3rd Parties’ OK for Context — Wayback Machine Authenticable by Custodian Testimony, and Other Website Printouts by Testimony from Person Who Downloaded It

United States v. Gasperini, 2017 U.S. Dist. LEXIS 114166 (E.D.N.Y. July 21, 2017): Defendant Fabio Gasperini is charged with two counts of computer intrusion, one count of conspiracy to commit wire fraud, one count of wire fraud, and one count of conspiracy to commit money laundering. (See Indictment ("Ind." ...
United States v. Gasperini, 2017 U.S. Dist. LEXIS 114166 (E.D.N.Y. July 21, 2017): Defendant Fabio Gasperini is charged with two counts of computer intrusion, one count of conspiracy to commit wire fraud, one count of wire fraud, and one count …
Continue Reading

RICO-Based Federal Jurisdiction Requires Colorable Claim — Mere Recitation to RICO Act, Untethered to Vague and Conclusory Factual Allegations, Is Insufficient

Payn v. Kelley, 2017 U.S. App. LEXIS 13591 (10th Cir. July 27, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordere ...
Payn v. Kelley, 2017 U.S. App. LEXIS 13591 (10th Cir. July 27, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See…
Continue Reading

Inherent Power Sanctions: Evidence Preclusion, Attorneys’ Fees for Extrajudicial Conduct Aimed at Jury Pool & Potential Witnesses (Website, Ringless Voicemails) & Ethical Violations of Lawyer-Party (Lack of Candor to the Court & Obstruction)

Diamond Consortium, Inc. v Manookian, 2017 U.S. Dist. LEXIS 122625 (E.D. Tex. Aug. 3, 2017): Pending before the Court is Plaintiffs' Emergency Motion for Order to Show Cause (Potential Contempt of Court and Sanctions) (the "Emergency Motion") (Dkt. 269), the motion having been referred to the undersigned ...
Diamond Consortium, Inc. v Manookian, 2017 U.S. Dist. LEXIS 122625 (E.D. Tex. Aug. 3, 2017): Pending before the Court is Plaintiffs' Emergency Motion for Order to Show Cause (Potential Contempt of Court and Sanctions) (the "Emergency Motion") (Dkt. 269), the…
Continue Reading

Rule 11 Sanctions — Safe Harbor Must Be Honored Only Once Per Motion — If Denied without Prejudice, Motion May Be Renewed without Additional Safe Harbor — Needn’t Be 100% Identical 2d Time But Must Be Essentially the Same Motion (Case Law Split)

Merritt v. Lake Jovita Homeowners Ass’n, Inc., 2010 WL 11507746 (M.D. Fla. May 11, 2010): *1 BEFORE THE COURT is Defendants Lyons Heritage Pasco, LLC, Lyons Land Pasco, LLC, Bobby Lyons, and Morris Needles’ (the “Lyons Defendants”) Motion for Relief from Order Denying Their Motion to Tax Attor ...
Merritt v. Lake Jovita Homeowners Ass’n, Inc., 2010 WL 11507746 (M.D. Fla. May 11, 2010): *1 BEFORE THE COURT is Defendants Lyons Heritage Pasco, LLC, Lyons Land Pasco, LLC, Bobby Lyons, and Morris Needles’ (the “Lyons Defendants”) Motion for Relief…
Continue Reading

Inherent Power Sanctions Require a High Degree of Specificity in Factual Findings of Bad Faith — Fee Award Must Be Causally Related to the Misconduct

Virginia Props., LLC v. T-Mobile NE LLC, 2017 WL 3197539 (2d Cir. July 28, 2017): *1 In April of this year—long after the district court’s imposition of sanctions in the case before us—the Supreme Court addressed “a federal court’s i ...
Virginia Props., LLC v. T-Mobile NE LLC, 2017 WL 3197539 (2d Cir. July 28, 2017): *1 In April of this year—long after the district court’s imposition of sanctions in the case before us—the Supreme Court addressed “a federal court’s inherent…
Continue Reading
Previous125126127128129130131Next

Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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