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

Judicial Notice of Internet Evidence — Website Information as to Origins of, and Private v. Public Ownership of, Corporation to Determine Status as State Actor under § 1983 — When Is a Corporation a State Actor? — Factors

Guo v. Independent Chinese Ctr., Inc., 2015 U.S. Dist. LEXIS 108294 (S.D.N.Y. Aug. 13, 2015): In this action, Plaintiff pro se, Zhi Guo, asserts civil rights claims under 42 U.S.C. § 1983 and a pendent state law claim against Independent Chinese Pen Center, Inc. ("ICPC"), National Endowment for Dem ...
Guo v. Independent Chinese Ctr., Inc., 2015 U.S. Dist. LEXIS 108294 (S.D.N.Y. Aug. 13, 2015): In this action, Plaintiff pro se, Zhi Guo, asserts civil rights claims under 42 U.S.C. § 1983 and a pendent state law claim against Independent …
Continue Reading

No Rule 11 Sanctions for Derogatory Language in Brief Not Unfounded Legally or Factually — No § 1927 Sanctions for Failure to Grant Extension to File Brief — Local Rules, Judicial Discretion Determine Due Date

Waite v VCG Clark Cnty. Collection Serv., LLC, 2015 U.S. App. LEXIS 4934 (9th Cir. Mar. 26, 2015): Waite also contends that the district court erred in denying her motion for sanctions pursuant to Federal Rule of Civil Procedure 11. That motion was premised on the contention that CCCS made false, unfounded, and offensive allegations i ...
Waite v VCG Clark Cnty. Collection Serv., LLC, 2015 U.S. App. LEXIS 4934 (9th Cir. Mar. 26, 2015): Waite also contends that the district court erred in denying her motion for sanctions pursuant to Federal Rule of Civil Procedure 11.…
Continue Reading

Text / Email Authentication — Conduct Pursuant to Text Exchange Sufficient to Authenticate Disputed Texts — Authentication Issue Is for Jury — Court Need Not Be Persuaded Texts Are Authentic — Texts as Admissions

Cook v. State, 2015 Tex. App. LEXIS 2649 (Tex. Ct. App. Mar. 20, 2015): Appellant's conviction for cocaine delivery arises out of Appellant's sale of drugs to a confidential informant. The confidential informant, Lindsey Ford, testified that she had used and sold drugs in the past and that she was familiar with who sol ...
Cook v. State, 2015 Tex. App. LEXIS 2649 (Tex. Ct. App. Mar. 20, 2015): Appellant's conviction for cocaine delivery arises out of Appellant's sale of drugs to a confidential informant. The confidential informant, Lindsey Ford, testified that she had used …
Continue Reading

Internet Authentication — Chat Logs — Chats on Alleged Speaker’s Password-Protected Computer; He Has Exclusive Possession; Chat Name = His First Name + Characters Extremely Similar to His Email Address

People v. Carothers, 2015 Cal. App. Unpub. LEXIS 5414 (Cal. Ct. App. July 31, 2015): A jury found defendant James Carothers guilty of possessing child pornography. (Pen. Code, § 311.11, subd. (a).) The trial court granted a five-year term of probation and imposed probation conditions including one year in county jail and the requirem ...
People v. Carothers, 2015 Cal. App. Unpub. LEXIS 5414 (Cal. Ct. App. July 31, 2015): A jury found defendant James Carothers guilty of possessing child pornography. (Pen. Code, § 311.11, subd. (a).) The trial court granted a five-year term of…
Continue Reading

§ 1927 Sanctions May Only Be Imposed on Attorneys, Not Law Firms — Circuit Split

Kaass Law v. Wells Fargo Bank, N.A., 2015 U.S. App. LEXIS 15127 (9th Cir. Aug. 27, 2015): In this appeal, Appellant Kaass Law challenges the district court's decision to grant Appellee Wells Fargo's motion for sanctions against it pursuant to 28 U.S.C. § 1927. We hold that 28 U.S.C. § 1927 does not permit the imposit ...
Kaass Law v. Wells Fargo Bank, N.A., 2015 U.S. App. LEXIS 15127 (9th Cir. Aug. 27, 2015): In this appeal, Appellant Kaass Law challenges the district court's decision to grant Appellee Wells Fargo's motion for sanctions against it pursuant to…
Continue Reading

Rule 11 — No Bad Faith, No Sanctions for Contradictory Complaints — OK to Decide “That Devoting Further Resources to Investigating the Alleged [Rule 11 Violation] Was Not Worth the Candle Since the Case Was Already Terminated” (Good Quote)

Hourani v. Mirtchev, 2015 U.S. App. LEXIS 13342 (D.C. Cir. July 31, 2015) (the RICO rulings of this decision are excerpted in a separate post): Rule 11 Sanctions Mirtchev and Krull Corporation cross-appeal the district court's denial of their motion for Rule 11 sanctions. They claim that the plaintiffs reli ...
Hourani v. Mirtchev, 2015 U.S. App. LEXIS 13342 (D.C. Cir. July 31, 2015) (the RICO rulings of this decision are excerpted in a separate post): Rule 11 Sanctions Mirtchev and Krull Corporation cross-appeal the district court's denial of their motion…
Continue Reading

Judicial Notice of Internet Evidence — LEXIS Results, Governmental, Newspaper, Party Websites — Notice Doesn’t Convert 12(b)(6) to Summary Judgment — Improperly Raising New Arguments by Letter after Oral Argument without Permission

Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLC, 2015 U.S. Dist. LEXIS 115610 (S.D.N.Y. Aug. 31, 2015):  At issue in this interpleader action is whether Wells Fargo Bank, N.A. ("Wells Fargo"), the Trustee responsible for the assets held in a collateralized debt obligation ("CDO"), is obliged, under the terms ...
Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLC, 2015 U.S. Dist. LEXIS 115610 (S.D.N.Y. Aug. 31, 2015):  At issue in this interpleader action is whether Wells Fargo Bank, N.A. ("Wells Fargo"), the Trustee responsible for the assets held in…
Continue Reading

Rule 37 and Inherent Power Sanctions Not Stayed by Bankruptcy Filing — Judge’s Adverse Rulings ≠ Grounds to Recuse

Coope v. Dallas Police Ass’n, 2014 U.S. App. LEXIS 21663 (5th Cir. Nov. 14, 2014): Jay Sandon Cooper moves for leave to proceed in forma pauperis (IFP) in his appeal of the district court's order compelling him to respond to a postjudgment discovery request by the Dallas Police Association and Glenn White, the order i ...
Coope v. Dallas Police Ass’n, 2014 U.S. App. LEXIS 21663 (5th Cir. Nov. 14, 2014): Jay Sandon Cooper moves for leave to proceed in forma pauperis (IFP) in his appeal of the district court's order compelling him to respond to …
Continue Reading

Contempt Sanctions (Monetary) Not Stayed by Bankruptcy Filing

United States v. Coulton, 2014 U.S. App. LEXIS 22233 (11th Cir. Nov. 25, 2014): A June 2007 indictment in the Southern District of Florida charged Patrick Coulton with a formidable array of drug and money-laundering offenses. Although not admitted to practice in the Southern District of Florida, Emmanuel Roy (now disbarred and ...
United States v. Coulton, 2014 U.S. App. LEXIS 22233 (11th Cir. Nov. 25, 2014): A June 2007 indictment in the Southern District of Florida charged Patrick Coulton with a formidable array of drug and money-laundering offenses. Although not admitted to …
Continue Reading

Judicial Notice of Internet Evidence — Federal Courts May Take Judicial Notice of Related State Court Records on State Court Websites

Two Cases: 1. Ceras v. Janda, 2014 U.S. Dist. LEXIS 175586 (C.D. Cal. Dec. 18, 2014) (“The Court takes judicial notice of Internet records relating to this action in the state appellate courts (available at http://appellatecases.courtinfo.ca.gov) ("state court records"). See Smith v. Duncan, 297 F.3d ...
Two Cases: 1. Ceras v. Janda, 2014 U.S. Dist. LEXIS 175586 (C.D. Cal. Dec. 18, 2014) (“The Court takes judicial notice of Internet records relating to this action in the state appellate courts (available at http://appellatecases.courtinfo.ca.gov) ("state court records"). See…
Continue Reading
Previous191192193194195196197Next

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