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

Is the Time Stamp on a Facebook Post Hearsay or the Non-Hearsay Product of a Scientific Process? — Issue Raised But Not Decided

Ellis v. Commonwealth of VA., 2016 Va. App. LEXIS 18 (Va. Ct. App. Jan. 26, 2016): A Hampton jury convicted Emanuel Dale Ellis of robbery and use of a firearm in the commission of that robbery. Ellis wished to introduce into evidence at trial a photograph from his Facebook page with an accompanying timestamp. The trial judge, ...
Ellis v. Commonwealth of VA., 2016 Va. App. LEXIS 18 (Va. Ct. App. Jan. 26, 2016): A Hampton jury convicted Emanuel Dale Ellis of robbery and use of a firearm in the commission of that robbery. Ellis wished to introduce …
Continue Reading

Judicial Notice of Internet Evidence — State Agency (Department of Corrections) Policies as Reflected on Its Website

Dugas v. Wittrup, 2016 U.S. Dist. LEXIS 3055 (S.D. Ohio Jan. 11, 2016): Plaintiff, formerly incarcerated by the State of Ohio at the Chillicothe Correctional Institution ("CCI"), brings this action under 42 U.S.C. § 1983 against Brian Wittrup, Chief of the Bureau of Classification for the Ohio Department of Rehabil ...
Dugas v. Wittrup, 2016 U.S. Dist. LEXIS 3055 (S.D. Ohio Jan. 11, 2016): Plaintiff, formerly incarcerated by the State of Ohio at the Chillicothe Correctional Institution ("CCI"), brings this action under 42 U.S.C. § 1983 against Brian Wittrup, Chief of…
Continue Reading

§ 1927 Sanctions for Failure for Weeks to Respond to Messages Imploring Out of Court Resolution of Baseless Application Followed by Last-Minute Withdrawal Too Late to Avoid Hearing — Law Firm Vicariously Liable (Circuit Split)

MJS Las Croabas Props., Inc. v. FDIC, 2016 Bankr. LEXIS 498 (B.A.P. 1st Cir. Feb. 17, 2016): Castellanos Group Law Firm, L.L.C. (the "Castellanos Firm") appeals from the following bankruptcy court orders: (1) the March 13, 2015 order imposing sanctions against the firm (the "March 2015 Order");2 and (2) ...
MJS Las Croabas Props., Inc. v. FDIC, 2016 Bankr. LEXIS 498 (B.A.P. 1st Cir. Feb. 17, 2016): Castellanos Group Law Firm, L.L.C. (the "Castellanos Firm") appeals from the following bankruptcy court orders: (1) the March 13, 2015 order imposing sanctions…
Continue Reading

Inherent Power Sanctions — Egregious Overstatement of Time in Fee Application Meets 11th Circuit’s Objective Recklessness Standard for Bad Faith — 85% Reduction of Requested Award Is a Reasonable Sanction

Reyes v. Aqua Life Corp., 2015 U.S. App. LEXIS 20462 (11th Cir. Nov. 25, 2015): This matter arises out of several post-verdict motions filed by appellant Humberto Reyes ("Mr. Reyes") and appellee Aqua Life Corp. ("Aqua Life"), after a jury found in favor of Mr. Reyes in his suit to recover unpaid overtime wages und ...
Reyes v. Aqua Life Corp., 2015 U.S. App. LEXIS 20462 (11th Cir. Nov. 25, 2015): This matter arises out of several post-verdict motions filed by appellant Humberto Reyes ("Mr. Reyes") and appellee Aqua Life Corp. ("Aqua Life"), after a jury…
Continue Reading

Rule 11 Sanctions — Injunction Barring Litigant Who Filed Three Attempts to Litigate Same Claims from Filing More without Notice to, and OK from, District Judge Upheld — Federal Court Can’t Decide Moot Issue — Equals Advisory Opinion (Good Quote)

Langermann v. Dubbin, 2015 U.S. App. LEXIS 9200 (11th Cir. June 3, 2015): Robert Langermann brought this action alleging that the Defendants improperly denied him benefits he is due under a class action settlement. The district court dismissed his suit as barred by res judicata and denied his pending summary judgment motion as moot. < ...
Langermann v. Dubbin, 2015 U.S. App. LEXIS 9200 (11th Cir. June 3, 2015): Robert Langermann brought this action alleging that the Defendants improperly denied him benefits he is due under a class action settlement. The district court dismissed his suit…
Continue Reading

Forum Non Conveniens — Russia Is an Adequate Alternative Forum for RICO Case, Despite Having No RICO Equivalent, Where Some Aspects of the Dispute Are Subject to Russian Law — Foreign Law Must Apply at Least in Part for FNC Transfer

Archangel Diamond Corp. v. OAO Lukoil, 2016 U.S. App. LEXIS 2240 (10th Cir. Feb. 9, 2016): Plaintiff Archangel Diamond Corporation Liquidating Trust, as successor-in-interest to Archangel Diamond Corporation (collectively, "Archangel"), appeals the dismissal of its civil case against defendant OAO Lukoil ("Lukoil") ...
Archangel Diamond Corp. v. OAO Lukoil, 2016 U.S. App. LEXIS 2240 (10th Cir. Feb. 9, 2016): Plaintiff Archangel Diamond Corporation Liquidating Trust, as successor-in-interest to Archangel Diamond Corporation (collectively, "Archangel"), appeals the dismissal of its civil case against defendant OAO…
Continue Reading

Wayback Machine Authenticated by Affidavit from Archive.com Office Manager

Stabile v. Paul Smith Ltd., 2015 U.S. Dist. LEXIS 101291 (C.D. Cal. July 31, 2015): Stabile stated during her January 13, 2015 deposition that Extrapolations # 3 has appeared on her website, but she could not remember when it appeared, and it does not appear there now. (Stabile Depo. 108:24-109:6.) Stabile states in h ...
Stabile v. Paul Smith Ltd., 2015 U.S. Dist. LEXIS 101291 (C.D. Cal. July 31, 2015): Stabile stated during her January 13, 2015 deposition that Extrapolations # 3 has appeared on her website, but she could not remember when it appeared, …
Continue Reading

Texts Authenticated by Arrival at Meeting Arranged on Phone, and Carrying Phone, Witness Had Texted & Which Contained Witness’s Number — Facebook Messages Authenticated by Exchange of Phone Numbers Used to Text

Boyd v. State, 2015 Miss. LEXIS 204 (Miss. S.Ct. April 30, 2015): ¶1. This appeal arises from the conviction of Tyrone Boyd under Mississippi Code Section 97-5-33(6) for the exploitation of a child. Following conviction, the Circuit Court of Lauderdale County sentenced Boyd to a term of twelve years imprisonment with seven y ...
Boyd v. State, 2015 Miss. LEXIS 204 (Miss. S.Ct. April 30, 2015): ¶1. This appeal arises from the conviction of Tyrone Boyd under Mississippi Code Section 97-5-33(6) for the exploitation of a child. Following conviction, the Circuit Court of Lauderdale…
Continue Reading

Email Admissibility — Hearsay Statements of Principal to Coaches Advising They Consult Counsel Not within Scope of Her Employment with School — Co-Conspiracy Exception Requires Factual Predicate That Conspiracy Exists

Bigge v. Dist. Sch. Bd. of Citrus Cnty., 2015 U.S. Dist. LEXIS 31181 (M.D. Fla. Mar. 13, 2015): Plaintiffs William Bigge, Karen Bigge, Wayne Canfield, and Laurie Canfield are the parents of three female former students at Citrus High School.1 Between December 2008 and January 2009, while their daughters were students at the ...
Bigge v. Dist. Sch. Bd. of Citrus Cnty., 2015 U.S. Dist. LEXIS 31181 (M.D. Fla. Mar. 13, 2015): Plaintiffs William Bigge, Karen Bigge, Wayne Canfield, and Laurie Canfield are the parents of three female former students at Citrus High School.1…
Continue Reading

Inherent Power Sanctions — Violation of Court Orders Constitutes Bad Faith

Sandifer v. Gusman, 2015 U.S. App. LEXIS 22277 (5th Cir. Dec. 21, 2015): Appellant John Courtney Wilson attempted to represent Plaintiff Kendrica Sandifer in multiple suits brought against members of the Orleans Parish Sheriff's Office. The district court denied Wilson's motion to enroll as co-counsel in the original s ...
Sandifer v. Gusman, 2015 U.S. App. LEXIS 22277 (5th Cir. Dec. 21, 2015): Appellant John Courtney Wilson attempted to represent Plaintiff Kendrica Sandifer in multiple suits brought against members of the Orleans Parish Sheriff's Office. The district court denied …
Continue Reading
Previous177178179180181182183Next

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