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 37 Sanctions — Preclusion for Willful Violation of Discovery Order — “It Is Appropriate to Reject Lesser Sanctions Where Court Anticipates Continued Deceptive Misconduct” (Good Quote)

Amtrust Bank v. Lewis, 2017 U.S. App. LEXIS 7024 (9th Cir. April 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rex Lewis appeals the district court's order (1) denying his motion for relief from judgment pur ...
Amtrust Bank v. Lewis, 2017 U.S. App. LEXIS 7024 (9th Cir. April 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rex Lewis appeals the district court's…
Continue Reading

Instagram/Text Admissibility — Posts Sent to and Received by Third Parties Offered for the Truth = Hearsay — Once Posts Read into Evidence and Authenticated, Additionally Testimony about Them Is Cumulative

Commonwealth v. Colon, 2017 Pa. Super. Unpub. LEXIS 2067 (Pa. Super. Ct. May 25, 2017): Appellant Wilmer Colon appeals from the August 5, 2015 judgment of sentence entered in the Court of Common Pleas of Philadelphia County ("trial court"), following his jury convictions for third degree murder, possession of an instrument o ...
Commonwealth v. Colon, 2017 Pa. Super. Unpub. LEXIS 2067 (Pa. Super. Ct. May 25, 2017): Appellant Wilmer Colon appeals from the August 5, 2015 judgment of sentence entered in the Court of Common Pleas of Philadelphia County ("trial court"), following…
Continue Reading

Supreme Court: Statute Providing (1) Where Suit “May Be Brought” Is Venue Provision & (2) Where Process May Be Served Is Personal Jurisdiction Statute — Daimler’s Demanding General Jurisdiction Test Reaffirmed

BNSF Rwy. v Tyrell, 2017 U.S. LEXIS 3395 (U.S. May 30, 2017): The two cases we decide today arise under the Federal Employers' Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §51 et seq., which makes railroads liable in money damages to their employees for on-the-job injuries. Both sui ...
BNSF Rwy. v Tyrell, 2017 U.S. LEXIS 3395 (U.S. May 30, 2017): The two cases we decide today arise under the Federal Employers' Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §51 et seq.,…
Continue Reading

Rule 37 Sanctions: Default Judgment Requires Willful or Bad Faith Disobedience of Discovery Order — Rule 56(d) Request for Additional Discovery to Defend Summary Judgment Requires Motion; Request in Brief Insufficient

Tobinick v. Novella, 2017 U.S. App. LEXIS 2637 (11th Cir. Feb. 15, 2017): Appellants Edward Lewis Tobinick, MD ("INR CA"), INR PLLC ("INR FL"), and M.D. Edward Tobinick ("Dr. Tobinick") (collectively, the "Tobinick Appellants") appeal the district court's orders striking INR CA's ...
Tobinick v. Novella, 2017 U.S. App. LEXIS 2637 (11th Cir. Feb. 15, 2017): Appellants Edward Lewis Tobinick, MD ("INR CA"), INR PLLC ("INR FL"), and M.D. Edward Tobinick ("Dr. Tobinick") (collectively, the "Tobinick Appellants") appeal the district court's orders striking …
Continue Reading

YouTube Admissibility — Video of Defendant Using Gang Hand Signals, Stating Name of His Gang, and Uttering Same Words Allegedly Used at Time of Shooting Relevant to Identification and Motive, Not Cumulative or Unduly Prejudicial

Ross v Santoro, 2017 U.S. Dist. LEXIS 74564 (C.D. Cal. Mar. 31, 2017), adopted, 2017 U.S. Dist. LEXIS 74548 (C.D. Cal. May 15, 2017): REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Background1 1   The following summary is taken from the opi ...
Ross v Santoro, 2017 U.S. Dist. LEXIS 74564 (C.D. Cal. Mar. 31, 2017), adopted, 2017 U.S. Dist. LEXIS 74548 (C.D. Cal. May 15, 2017): REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Background1 1   The following summary is taken from the…
Continue Reading

Attorney-Client Privilege: Use of Corporate Email System to Communicate with Counsel = Waiver Where Employee on Notice That Company May Monitor Emails — Whether Employee Has Legitimate Expectation of Privacy Is Highly Fact-Dependent (Good Quote)

United States v. Finazzo, 2017 U.S. App. LEXIS 3972 (2d Cir. Mar. 7, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments of the district court are AFFIRMED in part and VACATED and REMANDED ...
United States v. Finazzo, 2017 U.S. App. LEXIS 3972 (2d Cir. Mar. 7, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments of the district court are AFFIRMED in part and VACATED and…
Continue Reading

Texts Authenticated by Testimony from Recipient, Content and Timing — Cellebrite Tool Is the Industry Standard to Extract Texts

 Appellant Richard Michael Kelso appeals his conviction of three counts of communicating with a minor with the intent to commit a sexual offense, two counts of committing a lewd and lascivious act on a minor, and one count of inducing a minor to engage in a lewd act. Appellant contends: (1) the court lacked territorial jurisdiction over the latter three offenses ...
Appellant Richard Michael Kelso appeals his conviction of three counts of communicating with a minor with the intent to commit a sexual offense, two counts of committing a lewd and lascivious act on a minor, and one count of inducing…
Continue Reading

RICO Conspiracy — Not Enough to Show Defendant’s Association with Conspirators, Knowledge of Conspiracy, Presence during Conspiratorial Discussions — Must Show Awareness of Scope of Enterprise & Objective Manifestation of Intent to Participate in It

Rosemann v. St. Louis Bank, 2017 U.S. App. LEXIS 9075 (8th Cir. May 24, 2017): This case continues to chronicle the legal consequences flowing from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). See, e.g., Aguilar v. PNC Bank, N.A., 853 F.3d 390 (8th Cir. 2017); United Sta ...
Rosemann v. St. Louis Bank, 2017 U.S. App. LEXIS 9075 (8th Cir. May 24, 2017): This case continues to chronicle the legal consequences flowing from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). See, e.g., Aguilar v.…
Continue Reading

§ 1927 Sanctions — Filing a Heavily-Redacted, Misleading Transcript of a Relevant Prior Proceeding That Prolonged the Case Constitutes Bad Faith

Agnew v. United Leasing Corp., 2017 U.S. App. LEXIS 3140 (4th Cir. Feb. 22, 2017): Plaintiffs appeal a district court order related to a forbearance agreement between Barbara and Michael Agnew and United Leasing [“ULC”]. For the reasons that follow, we affirm. I. On June 2, 2000, Barbara and Michael Agnew, their comp ...
Agnew v. United Leasing Corp., 2017 U.S. App. LEXIS 3140 (4th Cir. Feb. 22, 2017): Plaintiffs appeal a district court order related to a forbearance agreement between Barbara and Michael Agnew and United Leasing [“ULC”]. For the reasons that follow,…
Continue Reading

Email Evidence Admissible under R. 408 to Show Settlement Reached — Emails’ Competing, Differing Headers Declaring Emails Unusable Show Offer/Counteroffer, Not Separate Agreement — No Estoppel, Can’t Unilaterally Change Evidence Law (Good Quote)

Ian v. Whitehead, 2017 Ariz. App. Unpub. LEXIS 595 (Ariz. Ct. App. May 16, 2017): P1 Hannah Ian ("Wife") seeks special action relief from the superior court's ruling precluding the introduction of settlement-negotiation emails exchanged between her attorney and former counsel for Joseph Maier ("Husband" ...
Ian v. Whitehead, 2017 Ariz. App. Unpub. LEXIS 595 (Ariz. Ct. App. May 16, 2017): P1 Hannah Ian ("Wife") seeks special action relief from the superior court's ruling precluding the introduction of settlement-negotiation emails exchanged between her attorney and former …
Continue Reading
Previous128129130131132133134Next

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