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

Spoliation — Intentional Destruction of Evidence Indicating a Desire to Suppress the Truth Still Required for Spoliation of Tangible Evidence in 8th Circuit Post-37(e)

Davis v. White, 2017 U.S. App. LEXIS 10273 (8th Cir. June 9, 2017): Henry M. Davis sued the City of Ferguson and three police officers, alleging they beat him while he was handcuffed. See Davis v. White, 794 F.3d 1008 (8th Cir. 2015). His claims [*2]  were tried to a jury after the district court2 denied his B ...
Davis v. White, 2017 U.S. App. LEXIS 10273 (8th Cir. June 9, 2017): Henry M. Davis sued the City of Ferguson and three police officers, alleging they beat him while he was handcuffed. See Davis v. White, 794 F.3d 1008…
Continue Reading

Supreme Court: Intervenor of Right under Rule 24(a)(2) Must Have Article III Standing to Pursue Relief Different from That Sought by a Party with Standing

Town of Chester v. Laroe Estates, Inc., 198 L. Ed. 2d 64 (U.S. June 5, 2017): Must a litigant possess Article III standing in order to intervene of right under Federal Rule of Civil Pro ...
Town of Chester v. Laroe Estates, Inc., 198 L. Ed. 2d 64 (U.S. June 5, 2017): Must a litigant possess Article III standing in order to intervene of right under Federal Rule of Civil Procedure 24(a)(2)? The parties do …
Continue Reading

Despite Cunningham, Sanction of Striking FSIA Defense (to Litigating at All) Is Immediately Appealable — It Is Also Beyond the Court’s Power — But Lesser Sanctions That Produce the Same Result Are OK

Funk v. Belneftekhim, 2017 U.S. App. LEXIS 11587 (2d Cir. June 29, 2017): In this action, originally filed in New York State court, plaintiffs Emanuel Zeltser and Vladlena Funk sue defendants Concern Belneftekhim [*2]  ("BNTK") and Belneftekhim USA, Inc. ("BUSA") for their alleged roles in plaintiffs' ...
Funk v. Belneftekhim, 2017 U.S. App. LEXIS 11587 (2d Cir. June 29, 2017): In this action, originally filed in New York State court, plaintiffs Emanuel Zeltser and Vladlena Funk sue defendants Concern Belneftekhim [*2]  ("BNTK") and Belneftekhim USA, Inc. ("BUSA") …
Continue Reading

Rule 11 Sanctions Motion Not Mooted by Dismissal of All Claims — Review of Refusal to Consider Motion Is De Novo — State and Federal Sanctions Motions Focus on Different Filings

Brice v. Bauer, 2017 U.S. App. LEXIS 8800 (3d Cir. May 19, 2017): Before this Court is Kim Bauer's appeal of the Order of the District Court, which denied her motion for sanctions under Federal Rule of Civil Procedure 11 as moot after dismissing or entering judgment in Bauer's favor on all claims brought against her
Brice v. Bauer, 2017 U.S. App. LEXIS 8800 (3d Cir. May 19, 2017): Before this Court is Kim Bauer's appeal of the Order of the District Court, which denied her motion for sanctions under Federal Rule of Civil Procedure 11 …
Continue Reading

Facebook / Instagram Authentication — Just Because a Photo Appears on Social Media Doesn’t Mean You Have to Authenticate the Page or ID the Owner to Authenticate the Photo, If the Photo Itself Is the Relevant Evidence

United States v. Thomas, 2017 U.S. App. LEXIS 11781 (6th Cir. June 30, 2017): A jury convicted Jabron Thomas of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d); brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c); and being a felon in possession of a firearm, in violation of 1 ...
United States v. Thomas, 2017 U.S. App. LEXIS 11781 (6th Cir. June 30, 2017): A jury convicted Jabron Thomas of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d); brandishing a firearm during a crime of violence, …
Continue Reading

Text, Twitter Authentication by Evidence Texts, Tweet Sent from Phone of Defendant, Who Knew Its Passcode; App Was Created with Email Address Using His Name; Phone Had Photo of Object in His Room — Not Hearsay But Admissions

Atkins v. Commonwealth, 2017 Va. App. LEXIS 160 (Va. Ct. App. July 5, 2017): Hassan Christopher Atkins appeals his convictions for three counts of breaking and entering and three counts of grand larceny, in violation of
Atkins v. Commonwealth, 2017 Va. App. LEXIS 160 (Va. Ct. App. July 5, 2017): Hassan Christopher Atkins appeals his convictions for three counts of breaking and entering and three counts of grand larceny, in violation of Code §§ 18.2-89 and…
Continue Reading

Sanctions for Violating Local Rule (Conduct Unbecoming Member of the Bar), Unlike Inherent Power Sanctions, Don’t Require Bad Faith Finding — Appeals Court May Consider Supplemental D.Ct. Memo Explaining Order on Appeal

In re Hermesmeyer, 2017 U.S. App. LEXIS 7758 (5th Cir. May 2, 2017): *   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. Williams Hermesmeyer, an Assistant Public Defender, appeals the ...
In re Hermesmeyer, 2017 U.S. App. LEXIS 7758 (5th Cir. May 2, 2017): *   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…
Continue Reading

§ 1927 Sanctions on Appeal Potentially Apt for Misuse of Motion to Strike Seeking Excision of Arguments — Arguments Should Be Addressed in Merits Brief, and Motion to Strike Is Not Vehicle for Extra Pages

Reeser v. Henry Ford Hosp., 2017 U.S. App. LEXIS 10433 (6th Cir. June 8, 2017): Plaintiff Natalie Reeser appeals the district court's order granting in part and denying in part her motion for attorneys' fees. Reeser sought $315,133.32 in fees pursuant to Michigan's Whistleblowers' Protection Act (WPA), Mich. Comp. ...
Reeser v. Henry Ford Hosp., 2017 U.S. App. LEXIS 10433 (6th Cir. June 8, 2017): Plaintiff Natalie Reeser appeals the district court's order granting in part and denying in part her motion for attorneys' fees. Reeser sought $315,133.32 in fees…
Continue Reading

Texts Authenticatable Circumstantially (Testimony, Corroborative Facts, Distinctive Characteristics, Process, Etc.) — Testimony re Use of Cellebrite≠Expert Evidence — Mention of Name≠Hearsay — Must Try to ID/Locate Unidentified Texters

State v. Moss, 2017 Del. LEXIS 271 (Del. Sup. Ct. June 28, 2017): This 28th day of June 2017, upon consideration of the briefs and record on appeal, it appears to the Court that: (1) Malik J. Moss ("Moss") appeals from his conviction and sentence for Drug Dealing, Disregarding a Police Officer's Signal, Reckless D ...
State v. Moss, 2017 Del. LEXIS 271 (Del. Sup. Ct. June 28, 2017): This 28th day of June 2017, upon consideration of the briefs and record on appeal, it appears to the Court that: (1) Malik J. Moss ("Moss") appeals…
Continue Reading

Inherent Power Sanctions — Bankruptcy Court Possesses the Authority to Impose Inherent Power Sanctions for Bad Faith or Willful Misconduct

In re Den Beste (Den Beste v. Harrington), 2017 U.S. App. LEXIS 5316 (9th Cir. Mar. 27, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Paul Den Beste appeals pro se from the district court's order affirming the bankruptcy court's order ...
In re Den Beste (Den Beste v. Harrington), 2017 U.S. App. LEXIS 5316 (9th Cir. Mar. 27, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Paul Den…
Continue Reading
Previous128129130131132133134Next

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