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

Appeals from Injunction Orders — How Much Flexibility Does Rule 62(c) Confer on District Court to Modify the Injunction Pending Appeal? — Circuit Split

Miller v. Davis, 2015 U.S. Dist. LEXIS 177606 (E.D. Ky. Sept. 23, 2015): This matter is before the Court on Defendant Kim Davis' Emergency Motion to Stay the Court's Injunction Order of September 3, 2015 Pending Appeal (Doc. # 113). In that Order (Doc. # 74), the Court granted Plaintif ...
Miller v. Davis, 2015 U.S. Dist. LEXIS 177606 (E.D. Ky. Sept. 23, 2015): This matter is before the Court on Defendant Kim Davis' Emergency Motion to Stay the Court's Injunction Order of September 3, 2015 Pending Appeal (Doc. # 113).…
Continue Reading

Rule 11 Sanctions Properly Imposed on Counsel (Who Was Also a Plaintiff) for Filing Suit Barred by Rooker-Feldman Doctrine

ASAP Copy & Print v. Brown, 2016 U.S. App. LEXIS 5521 (9th Cir. Mar. 24, 2016): Plaintiffs ASAP Copy and Print ("ASAP"), Ali Tazhibi, and Nina Ringgold1 appeal the district courts' orders transferring venue, assigning the case to Judge Manuel Real, denying an ex parte ...
ASAP Copy & Print v. Brown, 2016 U.S. App. LEXIS 5521 (9th Cir. Mar. 24, 2016): Plaintiffs ASAP Copy and Print ("ASAP"), Ali Tazhibi, and Nina Ringgold1 appeal the district courts' orders transferring venue, assigning the case to Judge …
Continue Reading

RICO & Extraterritoriality: US Criminal and Civil Laws Differ in Extraterritorial Effect — “Jurisdiction Is a Word of Too Many Meanings” (Good Quote)

United States v Leija-Sanchez, 2016 U.S. App. LEXIS 7966 (7th Cir. May 2, 2016): An indictment charged four persons with arranging [*2]  the murder of Guillermo Jimenez Flores (known as Montes) in Mexico in order to reduce competition against a Chicago-based criminal organization that created bogus immigration docume ...
United States v Leija-Sanchez, 2016 U.S. App. LEXIS 7966 (7th Cir. May 2, 2016): An indictment charged four persons with arranging [*2]  the murder of Guillermo Jimenez Flores (known as Montes) in Mexico in order to reduce competition against a…
Continue Reading

RICO — Mere Expectation ≠ Business or Property — Hope of Collecting on Judgment If Suit Succeeds, Absent Non-Speculative Property Right to Collect from Defendant = Mere Expectation — Before RICO Default Judgment, Misconduct Not Actionable

Villoldo v. BNP Paribas S.A., 2016 U.S. App. LEXIS 7747 (2d Cir. April 26, 2016): Plaintiffs, default judgment creditors against the Republic of Cuba ("Cuba"), appeal from the dismissal of their civil Racketeer Influenced and Corrupt Organizations Act ("RICO") claims, see 18 U.S.C. § 1962, and New York state law c ...
Villoldo v. BNP Paribas S.A., 2016 U.S. App. LEXIS 7747 (2d Cir. April 26, 2016): Plaintiffs, default judgment creditors against the Republic of Cuba ("Cuba"), appeal from the dismissal of their civil Racketeer Influenced and Corrupt Organizations Act ("RICO") claims,…
Continue Reading

§ 1927 Sanctions Rejected for Defense Counsel’s Failure to Note Client’s Lack of Diversity for a Year — Issue Litigated in Interim Would’ve Been Litigated Somewhere — 1927 Is Permissive; Sanction May Be Denied Even If Criteria Satisfied

Bommkiasamy v. Parikh, 2016 U.S. App. LEXIS 5085 (7th Cir. Mar. 21, 2016): This appeal concerns a district court's decision to deny sanctions under 28 U.S.C. § 1927, the statute that authorizes fees to be imposed on lawyers who "unreasonably and vexatiously" multiply proceedings. The underlying dispute ...
Bommkiasamy v. Parikh, 2016 U.S. App. LEXIS 5085 (7th Cir. Mar. 21, 2016): This appeal concerns a district court's decision to deny sanctions under 28 U.S.C. § 1927, the statute that authorizes fees to be imposed on lawyers who "unreasonably …
Continue Reading

Text Messages Received Relevant to Recipient’s State of Mind Even If Not Read — Declarations of Intent Admissible against Non-Declarant If Linked to Corroborative Evidence — 3d-Party Facebook Posts = Hearsay

Hopkins v. Nat’l RR Passenger Corp., 2016 U.S. Dist. LEXIS 57236 (E.D.N.Y. Apr. 29, 2016): In the early morning of July 9, 2006, Plaintiff Brian Hopkins was extremely intoxicated. (Id. at 2, 3.) At approximately 4:00 a.m., Hopkins climbed on top of a train parked at South Station in Boston. (Id. at 2.) Although witnesses saw Hopkins ...
Hopkins v. Nat’l RR Passenger Corp., 2016 U.S. Dist. LEXIS 57236 (E.D.N.Y. Apr. 29, 2016): In the early morning of July 9, 2006, Plaintiff Brian Hopkins was extremely intoxicated. (Id. at 2, 3.) At approximately 4:00 a.m., Hopkins climbed on…
Continue Reading

Absent Damages, Lawyer’s Fiduciary Breach Not Actionable — Ex-Lawyer Can’t Settle Ex-Client’s Claim Even If K Says So — No Rule 11 Sanctions If Claim Has Enough of a Kernel of a Theory (Good Quote)

McBurnie v. Rutledge, 2016 U.S. App. LEXIS 7099 (2d Cir. Apr. 20, 2016): This order resolves two appeals, which were submitted separately but were argued in tandem and arise from the same underlying District Court case. In that case, William L. McBurnie ("McBurnie") brought an action against his former attorney, Dane Keller ...
McBurnie v. Rutledge, 2016 U.S. App. LEXIS 7099 (2d Cir. Apr. 20, 2016): This order resolves two appeals, which were submitted separately but were argued in tandem and arise from the same underlying District Court case. In that case, William…
Continue Reading

Rule 11 Sanctions Apt for Filing Motion Duplicating One Previously Denied — Appeals: Issue Mentioned Only in Statement of Issues and in Summary of Argument Sections of Brief Are Waived

Matter of Flaschom, Inc. (Dye v. Commc’ns Ventures III, LP, 2016 U.S. App. LEXIS 5842 (9th Cir. Mar. 30, 2016) (2-1 decision as to sanctions): Carolyn Dye, the bankruptcy trustee for Flashcom, appeals the bankruptcy court's judgment and sanctions imposed on her attorney and her personally for violation of Federal Rule of ...
Matter of Flaschom, Inc. (Dye v. Commc’ns Ventures III, LP, 2016 U.S. App. LEXIS 5842 (9th Cir. Mar. 30, 2016) (2-1 decision as to sanctions): Carolyn Dye, the bankruptcy trustee for Flashcom, appeals the bankruptcy court's judgment and sanctions imposed …
Continue Reading

Judicial Notice of Internet Evidence (Lanham Act Case): (1) Party’s Filings As They Appear on Secretary of State Website; (2) Corporate Info from Google Search; (3) Co. Profile on ZoomInfo.com; (4) Party’s Website (Admission)

Nat’l Grange of Order of Patrons of Husbandry v. Cal. State Grange, 2016 U.S. Dist. LEXIS 53038 (E.D. Cal. Apr. 20, 2016): Plaintiff National Grange of the Order of Patrons of Husbandry brought this action against defendant California State Grange for trademark infringement and unfair competition under the Lanham Act. Presently befo ...
Nat’l Grange of Order of Patrons of Husbandry v. Cal. State Grange, 2016 U.S. Dist. LEXIS 53038 (E.D. Cal. Apr. 20, 2016): Plaintiff National Grange of the Order of Patrons of Husbandry brought this action against defendant California State Grange…
Continue Reading

Rule 16(f) & 37(b) Dismissal Sanction for Pro Se’s Failure to Appear for 2 Pretrial Conferences — Noncompliance with Pretrial Orders Is Willful If Party Warned of Obligation to Appear — Pro Se Must Comply with Court Orders

Johnson v. NYC, 2016 U.S. App. LEXIS 7098 (2d Cir. April 20, 2016): Plaintiff-Appellant Brenda Johnson, proceeding pro se, appeals the district court's judgment sua sponte dismissing her 42 U.S.C. § 1983 complaint for failure to comply with court orders pursuant to Federal Rules of Civil Procedure 16(f) ...
Johnson v. NYC, 2016 U.S. App. LEXIS 7098 (2d Cir. April 20, 2016): Plaintiff-Appellant Brenda Johnson, proceeding pro se, appeals the district court's judgment sua sponte dismissing her 42 U.S.C. § 1983 complaint for failure to comply with court orders …
Continue Reading
Previous167168169170171172173Next

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