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

Sanctions Certiorari Grant by Supreme Court

On September 29, 2016, the Supreme Court granted cert on the following question: Is a federal court required to tailor compensatory civil sanctions imposed under inherent powers to harm directly caused by sanctionable misconduct when the court does not afford sanctioned parties the protections of criminal due process? No.
On September 29, 2016, the Supreme Court granted cert on the following question: Is a federal court required to tailor compensatory civil sanctions imposed under inherent powers to harm directly caused by sanctionable misconduct when the court does not afford…
Continue Reading

28 USC § 1782 — A Foreign Bankruptcy Proceeding Is Within The Scope of § 1782

SUMMARY ORDER In re Ex Parte Application of Gissin, 2016 U.S. App. LEXIS 9131 (2d Cir. May 17, 2016): ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby is AFFIRMED. Alan Freedman, Moore Capital Ma ...
SUMMARY ORDER In re Ex Parte Application of Gissin, 2016 U.S. App. LEXIS 9131 (2d Cir. May 17, 2016): ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby…
Continue Reading

Deposition Errata Sheets — May Deponent Change Substance of Testimony or Make Only Non-Substantive Corrections? — Circuit Split

Maynard v. Stonington Community Ctr., 2016 U.S. Dist. LEXIS 64982 (D. Conn. May 17, 2016): "The circuits are split as to the scope [*2]  of permissible changes that may be made to a deposition transcript under Rule 30(e) . . . . Some courts have held that the only changes permitted by Rule 30(e) are non-substantive in na ...
Maynard v. Stonington Community Ctr., 2016 U.S. Dist. LEXIS 64982 (D. Conn. May 17, 2016): "The circuits are split as to the scope [*2]  of permissible changes that may be made to a deposition transcript under Rule 30(e) . . …
Continue Reading

Judicial Notice of Internet Evidence — Judicial Notice of Non-Governmental Internet Publications Limited to Their Existence — Statements Not Considered for Their Truth

Platt v. Bd. of Comm’rs on Grievances and Discipline, 2016 U.S. Dist. LEXIS 131423 (S.D. Ohio Sept. 26, 2016): This matter is before the Court upon Plaintiffs' Motion for Partial Summary Judgment (Doc. 50) and Defendants' Cross Motion for Partial Summary Judgment (Doc. 56). These motions have been fully briefed. (Docs. 55, 6 ...
Platt v. Bd. of Comm’rs on Grievances and Discipline, 2016 U.S. Dist. LEXIS 131423 (S.D. Ohio Sept. 26, 2016): This matter is before the Court upon Plaintiffs' Motion for Partial Summary Judgment (Doc. 50) and Defendants' Cross Motion for Partial…
Continue Reading

YouTube Admissibility — Video of Defendant with a Gun That, Based on Other Evidence, the Jury Could Reasonably Infer Was the Murder Weapon Was Relevant and Not Overly Prejudicial Even If Jury Concluded It Wasn’t the Murder Weapon

People v. Acosta, 2016 Cal. App. Unpub. LEXIS 7011 (Cal. Ct. App. Sept. 26, 2016): Defendant Anthony Paul Acosta shot David Slape once in the head and killed him for Slape's gold chain. Convicted of murder and robbery and sentenced to life without possibility of parole, defendant appeals. He contends: (1) the trial court e ...
People v. Acosta, 2016 Cal. App. Unpub. LEXIS 7011 (Cal. Ct. App. Sept. 26, 2016): Defendant Anthony Paul Acosta shot David Slape once in the head and killed him for Slape's gold chain. Convicted of murder and robbery and sentenced …
Continue Reading

Rule 37 Sanctions — Repeated Efforts to Interfere with and Delay Discovery, Including Disregard of Court Order Directing Testimony at Deposition = Evidence of Bad Faith Sufficient to Support Default Judgment

Steffen v. Menhise (In re Steffen), 2016 U.S. App. LEXIS 16329 (11th Cir. Sept. 6, 2016): Terri Steffen, proceeding pro se in these three consolidated appeals, appeals the district court's order affirming the bankruptcy court's entry of default judgment in an adversary action by the Government and the district court&# ...
Steffen v. Menhise (In re Steffen), 2016 U.S. App. LEXIS 16329 (11th Cir. Sept. 6, 2016): Terri Steffen, proceeding pro se in these three consolidated appeals, appeals the district court's order affirming the bankruptcy court's entry of default judgment in…
Continue Reading

Must Federal Courts Give Preclusive Effect to Unreviewed Determinations of Law Made by State Administrative Agencies? — Circuit Split — (Factual Findings Are Preclusive)

Buttaro v. City of New York, 2016 U.S. Dist. LEXIS 125965 (E.D.N.Y. Sept. 15, 2016): 1.Analysis 1.1. Collateral Estoppel Defendants argue that the ALJ's "factual determinations with respect to plaintiff's misconduct are afforded preclusive effect," and that as a result, ...
Buttaro v. City of New York, 2016 U.S. Dist. LEXIS 125965 (E.D.N.Y. Sept. 15, 2016): 1.Analysis 1.1. Collateral Estoppel Defendants argue that the ALJ's "factual determinations with respect to plaintiff's misconduct are afforded preclusive effect," and that as a result,…
Continue Reading

RICO: Corp. + 2 Officers + 3 Software Consultants + PR Firm ≠ Enterprise — Outsiders Lack Common Purpose & Corp. Indistinct from Officers — Even If No Reliance Needed in Omissions Case, Prox. Cause Still Essential

Ray v. Spirit Airlines, Inc., 2016 U.S. App. LEXIS 16269 (11th Cir. Sept. 2, 2016): In this civil RICO case, plaintiffs seek to represent a class of customers claiming that Spirit Airlines, Inc. ("Spirit") engaged in an elaborate criminal enterprise involving the use of mail and wire fraud. The complaint specifically ...
Ray v. Spirit Airlines, Inc., 2016 U.S. App. LEXIS 16269 (11th Cir. Sept. 2, 2016): In this civil RICO case, plaintiffs seek to represent a class of customers claiming that Spirit Airlines, Inc. ("Spirit") engaged in an elaborate criminal enterprise …
Continue Reading

Internet Evidence: Whois.com Printout ID’ing Website Owner Is Hearsay But OK on Summary Judgment — Right to SJ Must Be Proved Even if No Opp — Default Alone Insufficient for Default Judgment

Black Point Marine, LLC v. Black Fin Yacht Corp., 2016 U.S. Dist. LEXIS 127699 (M.D. Fla. Sept. 20, 2016): Introduction The original Black Fin Yacht Corporation ("Original-BFYC") was a boat manufacturing company that dissolved and was reestablished ("Old-BFYC"). Old-BFYC had an established t ...
Black Point Marine, LLC v. Black Fin Yacht Corp., 2016 U.S. Dist. LEXIS 127699 (M.D. Fla. Sept. 20, 2016): Introduction The original Black Fin Yacht Corporation ("Original-BFYC") was a boat manufacturing company that dissolved and was reestablished ("Old-BFYC"). Old-BFYC had…
Continue Reading

Is Harassing Conduct That Occurs Outside the Workplace Admissible to Prove a Hostile Work Environment under Title VII? — Circuit Split

Griggs v. SEPTA, 2016 U.S. Dist. LEXIS 98498 (E.D. Pa. July 28, 2016): 21   Among other issues, the Court would appreciate briefing on the issue of whether allegedly harassing conduct that occurs outside the workplace (such as Diggs's alleged harassment of Plaintiff in her home) is admissible to prove [*28]  hostile wor ...
Griggs v. SEPTA, 2016 U.S. Dist. LEXIS 98498 (E.D. Pa. July 28, 2016): 21   Among other issues, the Court would appreciate briefing on the issue of whether allegedly harassing conduct that occurs outside the workplace (such as Diggs's alleged harassment …
Continue Reading
Previous152153154155156157158Next

Recent Posts

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

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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