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

Wayback Machine Authentication — Dates Assigned to Archived Pages May Not Apply to Images Linked to Them — Links on Archived Pages May Direct to Live Web If Old Link Unavailable

United States ex rel. Oliver v. Philip Morris USA, Inc., 2015 U.S. Dist. LEXIS 56655 (D.D.C. April 30, 2015): The plaintiff/relator in this case, Anthony Oliver ("Oliver"), brings suit against Philip Morris USA Inc. ("Defendant") pursuant to the False Claims Act (the "FCA"), 31 U.S.C. §§ 3729 et seq ...
United States ex rel. Oliver v. Philip Morris USA, Inc., 2015 U.S. Dist. LEXIS 56655 (D.D.C. April 30, 2015): The plaintiff/relator in this case, Anthony Oliver ("Oliver"), brings suit against Philip Morris USA Inc. ("Defendant") pursuant to the False Claims…
Continue Reading

Facebook Chats — Authentication — Defendant Admits Account Is His; Chats Appear on His Hard Drive and Bear the His Facebook Account Information — Email Authenticated As Defendant’s by Need for Password to Log into His Account

State v Burns, 2015 Tenn. Crim. App. LEXIS 325 (Tenn. Ct. App. May 5, 2015): Vermaine M . Burns ("the Defendant") was convicted of several sexual offenses, all stemming from illicit Facebook chats ("chats") and emails between himself and the victim, K.P. On appeal, the Defendant raises three issues: (1) whether the ...
State v Burns, 2015 Tenn. Crim. App. LEXIS 325 (Tenn. Ct. App. May 5, 2015): Vermaine M . Burns ("the Defendant") was convicted of several sexual offenses, all stemming from illicit Facebook chats ("chats") and emails between himself and the…
Continue Reading

Judicial Notice of Internet Evidence — Courts Routinely Take Notice of Contents of Wayback Machine

Under a Foot Plant Co. v. Exterior Design, Inc., 2015 U.S. Dist. LEXIS 38190 (D. Md. Mar. 25, 2015): Plaintiff requests judicial notice of an archived printout from defendant's website, which was generated by The Internet Archive on November 30, 2010. This printout describes the shipping services provided by defendant. Acc ...
Under a Foot Plant Co. v. Exterior Design, Inc., 2015 U.S. Dist. LEXIS 38190 (D. Md. Mar. 25, 2015): Plaintiff requests judicial notice of an archived printout from defendant's website, which was generated by The Internet Archive on November 30, …
Continue Reading

Facebook Authentication — Third Party Posts Must Be Authenticated by More Than the Names of the Purported Authors Reflected on Each Posting

Dering v. State, 2015 Tex. App. LEXIS 2899 (Tex. Ct. App. Mar. 26, 2015): Taylor Dwayne Dering was indicted for aggravated sexual assault of an elderly person. See Tex. Penal Code Ann. § 22.021(a)(1)(A)(i) (West Supp. 2014). Appellant pleaded guilty to the offense and elected for the jury to assess punishment. The j ...
Dering v. State, 2015 Tex. App. LEXIS 2899 (Tex. Ct. App. Mar. 26, 2015): Taylor Dwayne Dering was indicted for aggravated sexual assault of an elderly person. See Tex. Penal Code Ann. § 22.021(a)(1)(A)(i) (West Supp. 2014). Appellant pleaded guilty…
Continue Reading

Facebook Authentication by Use of Street Names; Gang Terms, Photos, Artwork & Signs on Public Page +Similar Content on Private Pages & Circumstantial Evid — Music Downloaded from Sound Cloud Not Tied to Defendant or Gang Improperly Admitted for Truth

State v Gibson, 2015 Ohio App. LEXIS 1614 (Ohio Ct. App. May 1, 2015): {¶ 32} In his second assignment of error, appellant states: The trial court erred in allowing the introduction of prejudicial evidence by the state without the establishment of a proper foundation. A ...
State v Gibson, 2015 Ohio App. LEXIS 1614 (Ohio Ct. App. May 1, 2015): {¶ 32} In his second assignment of error, appellant states: The trial court erred in allowing the introduction of prejudicial evidence by the state without the…
Continue Reading

Video Authentication — Surveillance Video Not Self-Authenticating, Particularly When Edited, Blurry and Shot from Significant Distance — Rule 59 Standards re Erroneous Evidentiary Ruling — Remittitur Standards

Leo v. L.I. RR, 2015 U.S. Dist. LEXIS 56953 (S.D.N.Y. April 30, 2015): Plaintiff Brian Leo commenced this lawsuit under the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 51 et seq., seeking recovery for physical and other injuries suffered while employed by the defendant Long Island Railroad Company ("LIRR" ...
Leo v. L.I. RR, 2015 U.S. Dist. LEXIS 56953 (S.D.N.Y. April 30, 2015): Plaintiff Brian Leo commenced this lawsuit under the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 51 et seq., seeking recovery for physical and other injuries suffered…
Continue Reading

Judicial Notice of Internet Evidence — Secretary of State Website Records — When Public Records Are Presumed Authentic and Trustworthy, Burden of Showing a Basis for Exclusion Falls on Opponent of the Evidence

Bank of Am., N.A. v. 04, Inc. (In re Owner Mgmt. Serv., LLC), 2015 Bankr. LEXIS 1468 (Bankr. C.D. Cal. April 29, 2015): Well-settled Ninth Circuit precedent specifically deals with evidentiary objections at the summary judgment stage. In general, at the summary [*11]  judgment stage, the Court does not focus on the admissibil ...
Bank of Am., N.A. v. 04, Inc. (In re Owner Mgmt. Serv., LLC), 2015 Bankr. LEXIS 1468 (Bankr. C.D. Cal. April 29, 2015): Well-settled Ninth Circuit precedent specifically deals with evidentiary objections at the summary judgment stage. In general, at …
Continue Reading

Text Messages Insufficiently Authenticated by Testimony That Proponent Identified Owner of Phone from Which Texts Were Sent at an Uncertain Later Time and That He Couldn’t Recall How He Accessed or Copied the Messages

Barker v. Computer Sci. Corp., 2015 U.S. Dist. LEXIS 39994 (E.D. Va. Mar. 27, 2015): Plaintiff Damien Barker ("Plaintiff" or "Barker") began his employment with Computer Science Corporation ("CSC") in February 2011 as a systems analyst. (Dkt. No. 77-6 at 2-3). In this position, he provided technical suppo ...
Barker v. Computer Sci. Corp., 2015 U.S. Dist. LEXIS 39994 (E.D. Va. Mar. 27, 2015): Plaintiff Damien Barker ("Plaintiff" or "Barker") began his employment with Computer Science Corporation ("CSC") in February 2011 as a systems analyst. (Dkt. No. 77-6 at…
Continue Reading

Facebook and Twitter Authentication — Maryland Rethinks Griffith and Adopts Circumstantial Approach to Social Media Evidence — What Is a Social Media Cracker?

Sublet v. State, 2015 Md. LEXIS 289 (Md. Ct. App. April 23, 2015): The rapid rise of social networking websites,1 themselves a branch of social media,2 once again [*2]  gives us cause to explore the authentication of documents related to this genre, under Maryland Rule 5-901, which prov ...
Sublet v. State, 2015 Md. LEXIS 289 (Md. Ct. App. April 23, 2015): The rapid rise of social networking websites,1 themselves a branch of social media,2 once again [*2]  gives us cause to explore the authentication of documents related to…
Continue Reading

Admission of Printouts of Text Messages Forwarded from One Phone to Another in Pieces for Printing OK under Best Evidence Rule — Forwarded Text = Duplicate — Absence of Original Excused Due to Inability to Print It

People v. Davis, 2015 Ill. App. Unpub. LEXIS 885 (Ill. Ct. App. April 24, 2015): 1 Held: The trial court's admission into evidence of a forwarded text message did not violate hearsay or best evidence rules and, accordingly, did not constitute plain error.  2 Following a bench trial in 2013, defendant Timothy Davis ...
People v. Davis, 2015 Ill. App. Unpub. LEXIS 885 (Ill. Ct. App. April 24, 2015): 1 Held: The trial court's admission into evidence of a forwarded text message did not violate hearsay or best evidence rules and, accordingly, did not…
Continue Reading
Previous204205206207208209210Next

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