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

Rooker-Feldman Doesn’t Bar Federal Jurisdiction over Independent Claim, Even If It Denies a Legal Conclusion State Court Reached — Plaintiff Must Seek Relief That Directly Attacks the Validity of a State Court Judgment

Avdeef v. Royal Bank of Scotland, PLC, 2015 U.S. App. LEXIS 9498 (5th Cir. June 8, 2015): 1.  The Rooker-FeldmanDoctrine The Rooker-Feldman doctrine occupies "narrow ground": it bars only "cases brought by state-court ...
Avdeef v. Royal Bank of Scotland, PLC, 2015 U.S. App. LEXIS 9498 (5th Cir. June 8, 2015): 1.  The Rooker-FeldmanDoctrine The Rooker-Feldman doctrine occupies "narrow ground": it bars only "cases brought by state-court losers complaining of injuries caused by state-court …
Continue Reading

Facebook Authentication — Sufficient Where Party Admits Making One Post; Later Posts Refer Back to It; No Evidence Anyone Else Had Access to Facebook Account — Statements on Facebook Page = Party Admissions

Matter of MC v. State, 2015 Nev. Unpub. LEXIS 646 (Nev. Sup. Ct. Feb. 26, 2015): North Las Vegas Police monitored the Facebook activity of approximately 130 individuals by befriending them under a fictitious name. M.C. was one of the individuals monitored. North Las Vegas Police Officer Richard Arnold found a two-day- ...
Matter of MC v. State, 2015 Nev. Unpub. LEXIS 646 (Nev. Sup. Ct. Feb. 26, 2015): North Las Vegas Police monitored the Facebook activity of approximately 130 individuals by befriending them under a fictitious name. M.C. was one of…
Continue Reading

Motion for Reconsideration Precludes Mandamus — Mandamus Doesn’t Lie Where There Is Another Adequate Means to Obtain the Relief Sought — May Not Be Used to Circumvent Rule 54(b) or As a Substitute for Appeal

In re Ingris, 2015 U.S. App. LEXIS 3634 (3d Cir. Mar. 9, 2015):  Peter Ingris has filed a petition for writ of mandamus. For the reasons that follow, we will deny the petition. Ingris is a litigant in a number of cases in the United States District Court for the District of New Jersey. In this petition, he seeks a writ of mand ...
In re Ingris, 2015 U.S. App. LEXIS 3634 (3d Cir. Mar. 9, 2015):  Peter Ingris has filed a petition for writ of mandamus. For the reasons that follow, we will deny the petition. Ingris is a litigant in a number…
Continue Reading

Discovery Sanctions — 4-Factor Test for Rule 37(b) Dismissal (6th Circuit) — Meaning of Contumaciousness and Prejudice — Allocation between Lawyer & Client — Continuing Failure to Make Discovery after New Counsel Hired = Client Fault

Barron v. Univ. of Mich., 2015 U.S. App. LEXIS 9188 (6th Cir. May 29, 2015): A. Rule 37(b) Dismissal We review a district court's dismissal of an action under Federal Rule of Civil Procedure 37(b) for an abuse of discretion. Univ. Health Grp. v. Allstate Ins. Co., 703 F.3d 953, 955-56 (6th Cir. 201 ...
Barron v. Univ. of Mich., 2015 U.S. App. LEXIS 9188 (6th Cir. May 29, 2015): A. Rule 37(b) Dismissal We review a district court's dismissal of an action under Federal Rule of Civil Procedure 37(b) for an abuse of discretion.…
Continue Reading

Chat Log Sufficiently Authenticated by Use of Name Defendant Also Used in Email Address, by Multiple References to His Email Address and by Defendant’s Self-Identification — Identity Is Jury Question (Rule 104(b))

United States v. Masters, 2015 U.S. App. LEXIS 9243 (9th Cir. June 3, 2015): Defendant Ryan Masters appeals his conviction for four counts of possession of 15 or more counterfeit or unauthorized access devices in violation of 18 U.S.C. § 1029(a)(3) and (c)(1)(A)(i), one count of conspiracy to possess such devices in violation of 18 U ...
United States v. Masters, 2015 U.S. App. LEXIS 9243 (9th Cir. June 3, 2015): Defendant Ryan Masters appeals his conviction for four counts of possession of 15 or more counterfeit or unauthorized access devices in violation of 18 U.S.C. §…
Continue Reading

Email Authentication — Gmails Are Not Google Business Records And Are Only Self-Authenticating Through 902(11) Certification from Google Custodian of Records Once the Underlying Emails Are Tied to the Alleged Sender

United States v. Shah, 2015 U.S. Dist. LEXIS 73103 (E.D.N.C. June 5, 2015): This matter comes before the court on the government's motion in limine for pretrial determination of the admissibility of certain evidence. (DE 52). The court, in large part, orally ruled on the government's motion at hearing, with such rulings confir ...
United States v. Shah, 2015 U.S. Dist. LEXIS 73103 (E.D.N.C. June 5, 2015): This matter comes before the court on the government's motion in limine for pretrial determination of the admissibility of certain evidence. (DE 52). The court, in large…
Continue Reading

Judicial Notice of Internet Evidence — Noticing Contents of Corporate Website for Fact of What Is Displayed — Contract Dispute Over Proper Use of Trade Name

Saint Laurie Ltd. v Yves Saint Laurent Am., Inc., 2015 U.S. Dist. LEXIS 42621 (S.D.N.Y. Mar. 26, 2015): On September 26, 2013, Plaintiff Saint Laurie Ltd. ("Plaintiff" or "Saint Laurie") filed the present action. Plaintiff filed an Amended Complaint on December 23, 2013, [*2]  against Defendants Y ...
Saint Laurie Ltd. v Yves Saint Laurent Am., Inc., 2015 U.S. Dist. LEXIS 42621 (S.D.N.Y. Mar. 26, 2015): On September 26, 2013, Plaintiff Saint Laurie Ltd. ("Plaintiff" or "Saint Laurie") filed the present action. Plaintiff filed an Amended Complaint on…
Continue Reading

RICO Claims Precluded If Another Federal Statute Provides Exclusive Remedy for Misconduct — Nonfactual Allegations Fail to State Enterprise — Threadbare Recital of Elements of Claim, Supported By Conclusory Statements, Fail under Both 12(b)(6) & 9(b)

Brink v. Continental Ins. Co., 2015 U.S. App. LEXIS 9112 (D.C. Cir. June 2, 2015): Appellant Daniel Brink, joined by thirty-one other individuals, brought a class action lawsuit stemming from the workers' compensation benefits owed to class members under the Defense Base Act, [*2]  42 U.S.C. § 1651 et seq., for ...
Brink v. Continental Ins. Co., 2015 U.S. App. LEXIS 9112 (D.C. Cir. June 2, 2015): Appellant Daniel Brink, joined by thirty-one other individuals, brought a class action lawsuit stemming from the workers' compensation benefits owed to class members under the …
Continue Reading

Rule 11 Sanctions Order Not Final and Appealable Until Amount of Award Is Fixed — Where Leave to Amend Complaint Requested Only Informally in Brief, Court May Deny Request Implicitly by Not Addressing It

Corsini v. Condé Nast, 2015 U.S. App. LEXIS 7785 (2d Cir. May 12, 2015): IV. Rule 11 Sanctions Corsini argues that the district court abused its discretion in granting the Belkin defendants' motion for Rule 11 sanctions, because that motion was filed with the court before the expiration of the & ...
Corsini v. Condé Nast, 2015 U.S. App. LEXIS 7785 (2d Cir. May 12, 2015): IV. Rule 11 Sanctions Corsini argues that the district court abused its discretion in granting the Belkin defendants' motion for Rule 11 sanctions, because that motion …
Continue Reading

Facebook Messages Authenticated by Recipients Who Set Up Fake Facebook Accounts to Draw Admissions from Sender — Sender’s ID Confirmed by Use of Rap Name, Fact That His Relatives and Friends Were Facebook Friends, and from Contents of Messages

Cotton v. State, 2015 Ga. 362, (Ga. Sup. Ct. June 1, 2015): Dustin James Cotton was tried by a Clayton County jury and convicted of murder and other crimes in connection with the fatal stabbing of Tyriss Turner. Cotton appeals, contending that the verdict is against the weight of the evidence. Cotton also asserts that the trial court ...
Cotton v. State, 2015 Ga. 362, (Ga. Sup. Ct. June 1, 2015): Dustin James Cotton was tried by a Clayton County jury and convicted of murder and other crimes in connection with the fatal stabbing of Tyriss Turner. Cotton appeals,…
Continue Reading
Previous201202203204205206207Next

Recent Posts

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

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.”

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