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

CAFA Removal — Plaintiff Always Has Art. III Standing to Fight Removal — CAFA Remand Motion Not Subject to 30-Day Deadline of §1447(c) — 52 Days OK — Not All Defendants Are “Primary” — OK to Drop Fed Claims to Return to State Court

Watson v. City of Allen, Tex., 2016 U.S. App. LEXIS 8367 (5th Cir. May 5, 2016): This putative class action challenges the use of red light cameras within Texas and, more specifically, the legislation authorizing such cameras. The case was originally filed in state court and subsequently removed to federal court. We must decid ...
Watson v. City of Allen, Tex., 2016 U.S. App. LEXIS 8367 (5th Cir. May 5, 2016): This putative class action challenges the use of red light cameras within Texas and, more specifically, the legislation authorizing such cameras. The case was …
Continue Reading

Removal — Is the Forum Defendant Rule (Barring Citizens of Forum from Removing) Waived If No Motion for Remand Is Filed within 30 Days? — Circuit Split

Harris v. MLB Consulting, LLC, 2016 U.S. Dist. LEXIS 21000 (D. N.D. Jan. 12, 2016): Plaintiff Kyle Harris (Harris) filed a motion to remand this case to state court, contending that removal to federal court was improper under the forum defendant rule of 28 U.S.C. § 1441(b) because defendant Petroleum Experience, Inc. ...
Harris v. MLB Consulting, LLC, 2016 U.S. Dist. LEXIS 21000 (D. N.D. Jan. 12, 2016): Plaintiff Kyle Harris (Harris) filed a motion to remand this case to state court, contending that removal to federal court was improper under the forum …
Continue Reading

Sanctions — Prejudgment Interest Allowed on Attorney’s Fees Award under § 1927 (and Other Sanctions Statutes) — No Vicarious Liability for Law Firm under § 1927

Gamage v.State of Nevada, 2016 U.S. App. LEXIS 6371 (9th Cir. Apr. 7, 2016): Sujanie Gamage ("Gamage"), her attorney Jason Bach ("Bach"), and The Bach Law Firm appeal the district court's order granting summary judgment in favor of defendants State of Nevada and Vernon Hodge, as well as the district cou ...
Gamage v.State of Nevada, 2016 U.S. App. LEXIS 6371 (9th Cir. Apr. 7, 2016): Sujanie Gamage ("Gamage"), her attorney Jason Bach ("Bach"), and The Bach Law Firm appeal the district court's order granting summary judgment in favor of defendants State …
Continue Reading

RICO — Open-Ended Continuity Shown by Evergreen Contract (Alone, Not Enough) + Defendants’ Perpetrating Same Scheme on 2d Victim (Different Scheme Irrelevant) — Lack of Continuity Not Shown by Interruption Due to Fortuitous Discovery

Kalitta Air, LLC v. GSBD & Assocs., 591 F. App'x 338 (6th Cir. 2014): A company contracted to buy jet fuel for its air-cargo business from a supplier that allegedly touted its ability to discount the price through its connections with international banks and with the Saudi royal family. Months and millions of dollars later ...
Kalitta Air, LLC v. GSBD & Assocs., 591 F. App'x 338 (6th Cir. 2014): A company contracted to buy jet fuel for its air-cargo business from a supplier that allegedly touted its ability to discount the price through its connections …
Continue Reading

Spoliation — Bad Faith Still Required for Adverse Inference Instruction for Spoliation of Electronic Data in Criminal Cases (5th Circuit)

United States v. Valas, 2016 U.S. App. LEXIS 9308 (5th Cir. May 20, 2016): A jury convicted Raymond Valas of engaging in a commercial sex act with a minor in violation of 18 U.S.C. § 1591. Valas argues on appeal that the district court improperly instructed his jury on § 1591's scienter requirement. He also raises five alleged ...
United States v. Valas, 2016 U.S. App. LEXIS 9308 (5th Cir. May 20, 2016): A jury convicted Raymond Valas of engaging in a commercial sex act with a minor in violation of 18 U.S.C. § 1591. Valas argues on appeal…
Continue Reading

RICO: Indian Tribes Are Governmental Entities Not Subject to RICO Liability — They Are “Persons” But Immune — They Have the Mens Rea of Their Officials — Injunctive Relief Is Available in Private RICO Actions

Gingras v. Rosette, 2016 U.S. Dist. LEXIS 66833 (D. Vt. May 18, 2016); Plaintiffs have filed a class action against individuals and companies involved in an online lending venture operated by the Chippewa Cree Tribe of the Rocky Boy's Indian Reservation in Montana (the Tribe). They claim that the "payday" loans offered b ...
Gingras v. Rosette, 2016 U.S. Dist. LEXIS 66833 (D. Vt. May 18, 2016); Plaintiffs have filed a class action against individuals and companies involved in an online lending venture operated by the Chippewa Cree Tribe of the Rocky Boy's Indian…
Continue Reading

Deposition Errata Sheets: To What Extent May Changes Be Made? — Does Sham Affidavit Rule Apply? — Circuit Split — Substantive vs. Transcription Errors vs. New Evidence or Confusion Rectifying

LAW REGARDING ERRATA CORRECTIONS Securities and Exchange Commission v. Goldstone, 2016 U.S. Dist. LEXIS 61657 (D. N.M. May 10, 2016): Rule 30(e) of the Federal Rules of Civil Procedure allows the deponent, within 30 days after notification that the transcript is available, to: &q ...
LAW REGARDING ERRATA CORRECTIONS Securities and Exchange Commission v. Goldstone, 2016 U.S. Dist. LEXIS 61657 (D. N.M. May 10, 2016): Rule 30(e) of the Federal Rules of Civil Procedure allows the deponent, within 30 days after notification that the transcript …
Continue Reading

Supreme Court — Standing — Injury in Fact Must Be Both Particularized and Concrete, Even in the Context of a Statutory Violation Providing a Cause of Action and Statutory Damages

Spokeo, Inc. v. Robins, 2016 U.S. LEXIS 3046 (U.S. May 16, 2016): This case presents the question whether respondent Robins has standing to maintain an action in federal court against petitioner Spokeo under the Fair Credit Reporting Act of 1970 (FCRA or Act), 84 Stat. 1127, as amended, 15 U. S. C. §1681 et seq ...
Spokeo, Inc. v. Robins, 2016 U.S. LEXIS 3046 (U.S. May 16, 2016): This case presents the question whether respondent Robins has standing to maintain an action in federal court against petitioner Spokeo under the Fair Credit Reporting Act of 1970…
Continue Reading

Rule 37 Sanctions — Prevailing Party Ordered to Pay $135,000 in Attorney’s Fees for Discovery Violations — Meet-and-Confer Requirement Satisfied in Part by Email Communications and Calls

Houston v. C.G. Security Servs., Inc., 2016 U.S. App. LEXIS 7473 (7th Cir. Apr. 25, 2016): This appeal arises out of a lawsuit brought by plaintiff-appellee Angel Houston, who sustained injuries from a fall during a New Year's Eve party at a Hyatt hotel in Indianapolis. Defendant-appellant C.G. Security Services, Inc. ("C.G.& ...
Houston v. C.G. Security Servs., Inc., 2016 U.S. App. LEXIS 7473 (7th Cir. Apr. 25, 2016): This appeal arises out of a lawsuit brought by plaintiff-appellee Angel Houston, who sustained injuries from a fall during a New Year's Eve party…
Continue Reading

Supreme Court — Jurisdiction under §27 of Exchange Act = §1331 Arising Under: Either Federal Law Creates Claim or Grable — Use of 1927-1933 Dictionaries to Construe 1934 Statute — Good Quote on State Court Comity

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 2016 U.S. LEXIS 3049 (U.S. May 16, 2016): Section 27 of the Securities Exchange Act of 1934 (Exchange Act), 48 Stat. 992, as amended, 15 U. S. C. §78a, et seq., grants federal district courts exclusive jurisdiction "of all suits in equity and actions at law ...
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 2016 U.S. LEXIS 3049 (U.S. May 16, 2016): Section 27 of the Securities Exchange Act of 1934 (Exchange Act), 48 Stat. 992, as amended, 15 U. S. C. §78a, et seq., …
Continue Reading
Previous166167168169170171172Next

Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

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

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