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

RICO: Pyramid Scheme Is Per Se a Predicate Act — Foreseeability & Inference-Based Causation Theories — Class Actions: Plaintiff Needn’t Show Reliance on Mail Fraud, So No Individual Issues Preclude Finding Predominance

Torres v. S.G.E. Mgmt., LLC, 2016 U.S. App. LEXIS 17746 (5th Cir. Sept. 30, 2016) (en banc): The Plaintiffs-Appellees brought a civil action under the Racketeer Influenced [*3]  and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, alleging that Stream Energy, through its multi-level marketing program, Ig ...
Torres v. S.G.E. Mgmt., LLC, 2016 U.S. App. LEXIS 17746 (5th Cir. Sept. 30, 2016) (en banc): The Plaintiffs-Appellees brought a civil action under the Racketeer Influenced [*3]  and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, alleging that Stream…
Continue Reading

Judicial Notice of Internet Evidence — Postings on FDA Website: Materials Submitted to FDA as Required by Law, FDA Approval, Studies Cited in Complaint — Consideration Doesn’t Convert 12(b)(6) into Summary Judgment Motion

Caton v. Stryker Sustainability Solutions, Inc., 2015 U.S. Dist. LEXIS 181033 (C.D. Cal. May 12, 2015): Proceedings (In Chambers): Order GRANTING IN PART and DENYING IN PART Motion to Dismiss Before the Court is Defendants Corin Group PLC and Corin USA Limited's (collectively, "Corin Defendants ...
Caton v. Stryker Sustainability Solutions, Inc., 2015 U.S. Dist. LEXIS 181033 (C.D. Cal. May 12, 2015): Proceedings (In Chambers): Order GRANTING IN PART and DENYING IN PART Motion to Dismiss Before the Court is Defendants Corin Group PLC and Corin …
Continue Reading

Circuit Splits — Good Quote: Circuit Split Perhaps Does Not Fully Describe the … State of Affairs. It Is More Like We Have Spun out of the Known Legal Universe…

Or. Restaurant & Lodging Ass’n v. Perez, 2016 U.S. App. LEXIS 16361 (9th Cir. Sept. 6, 2016) (8 judges dissenting from denial of rehearing en banc): Our court today rejects the most elemental teaching of administrative law: agencies exercise whatever powers they possess because--and only because--such powers have been delegated to t ...
Or. Restaurant & Lodging Ass’n v. Perez, 2016 U.S. App. LEXIS 16361 (9th Cir. Sept. 6, 2016) (8 judges dissenting from denial of rehearing en banc): Our court today rejects the most elemental teaching of administrative law: agencies exercise whatever…
Continue Reading

Yelp Admissibility — Reviews Are Hearsay and Not Present Sense Impressions, But They Are Usable to Show Effect on Future Customers

Mathew Enter., Inc. v. Chrysler Grp. LLC, 2016 U.S. Dist. LEXIS 129925 (N.D. Cal. Sept. 21, 2016): Plaintiff Mathew Enterprise, Inc., a Chrysler, Jeep, Dodge, and Ram ("CJDR") dealer operating at Stevens Creek CJDR ("Stevens Creek") brings this action alleging that Defendant Chrysler Group LLC ("Chrysl ...
Mathew Enter., Inc. v. Chrysler Grp. LLC, 2016 U.S. Dist. LEXIS 129925 (N.D. Cal. Sept. 21, 2016): Plaintiff Mathew Enterprise, Inc., a Chrysler, Jeep, Dodge, and Ram ("CJDR") dealer operating at Stevens Creek CJDR ("Stevens Creek") brings this action alleging …
Continue Reading

§ 1927 & Inherent Power Sanctions for Challenging Authenticity of Contract Counsel Has Copy Of — Bad Faith Silence to Admit Possession — Misconduct Aggravated Where Contract Electronic — $ Sanctions Not Limited to Loss

Dillon v. BMO Harris Bank, N.A., 2016 U.S. Dist. LEXIS 135219 (M.D.N.C. Sept. 30, 2016): This is a civil RICO lawsuit arising out of online loans the plaintiff, James Dillon, received at predatory interest rates. One of the defendants, Generations Community Federal Credit Union, has moved to sanction plaintiff's counsel pursuant t ...
Dillon v. BMO Harris Bank, N.A., 2016 U.S. Dist. LEXIS 135219 (M.D.N.C. Sept. 30, 2016): This is a civil RICO lawsuit arising out of online loans the plaintiff, James Dillon, received at predatory interest rates. One of the defendants, Generations…
Continue Reading

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
Previous154155156157158159160Next

Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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