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

Text Authentication: Incoming Texts on Phone That Has Independently Been Authenticated as The Alleged Recipient’s Are Not Hearsay When They Consist of Questions or Commands, or Are Offered to Show The Fact The Statements Were Made

  United States v. Ellis, 2013 WL 2285457 (E.D. Mich. May 23, 2013) (the discussion in this case concerning authentication of outgoing texts is contained in our post of February 20, 2015): II. INCOMING TEXT MESSAGES *2 Defendant also argues that all incoming text messages shoul ...
United States v. Ellis, 2013 WL 2285457 (E.D. Mich. May 23, 2013) (the discussion in this case concerning authentication of outgoing texts is contained in our post of February 20, 2015): II. INCOMING TEXT MESSAGES *2 Defendant also argues that…
Continue Reading

Text Authentication: Phone in Defendant’s Possession with Photos of Him and His Car, Contact Info for His Brother and Girlfriend, and Texts Addressed to Him Suffices to Tie Him to Outgoing Texts Absent Proof Phone Was in Another’s Possession

United States v. Ellis, 2013 WL 2285457 (E.D. Mich. May 23, 2013): Defendant Javon Franklin Ellis is charged in a three count indictment with Felon in Possession of a Firearm pursuant to
United States v. Ellis, 2013 WL 2285457 (E.D. Mich. May 23, 2013): Defendant Javon Franklin Ellis is charged in a three count indictment with Felon in Possession of a Firearm pursuant to 18 U.S.C. §§ 922(g)(1) and 924(e), Possession…
Continue Reading

Federal Court Can’t Usually Order a Receivership When No Other Relief Is Sought But May Do So Ancillary to Arbitration If Contract Permits — Can Court Issue Injunction Pending Arbitration If Not Contractually Provided? Circuit Split

Wells Fargo Bank, N.A. v. Star Texas Gasoline & Oil Dist., Inc., 2015 U.S. Dist. LEXIS 10673 (S.D. Tex. Jan. 29, 2015): Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") commenced this action by filing its Emergency Application for Appointment of Receiver (the "emergency application") on November 17, 2014. . ...
Wells Fargo Bank, N.A. v. Star Texas Gasoline & Oil Dist., Inc., 2015 U.S. Dist. LEXIS 10673 (S.D. Tex. Jan. 29, 2015): Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") commenced this action by filing its Emergency Application for Appointment of …
Continue Reading

Sanctions — Mandatory Statutory Damages Provision (“Shall Recover”) Doesn’t Bar Inherent Power Dismissal of All Claims, Even Those Not Directly Touched by Bad Faith Misconduct — Bankruptcy Court Has Inherent Power (3d Cir.)

Theokary v. Shay (In re Theokary), 2015 U.S. App. LEXIS 1811 (3d Cir. Feb. 5, 2015): Rafail Theokary appeals the dismissal of an adversary action he commenced in the course of his Chapter 7 bankruptcy proceedings. The adversary action was dismissed as a sanction for Theokary's submission of a fraudulent expert report on da ...
Theokary v. Shay (In re Theokary), 2015 U.S. App. LEXIS 1811 (3d Cir. Feb. 5, 2015): Rafail Theokary appeals the dismissal of an adversary action he commenced in the course of his Chapter 7 bankruptcy proceedings. The adversary action was …
Continue Reading

Class Actions — Individualized Monetary Claims Arising from Common Course of Misconduct Remain Certifiable — Comcast “Did Not Rewrite the Standards Governing Individualized Damage Considerations” (Good Quote)

Sykes v. Harris, 2015 U.S. App. LEXIS 2057 (2d Cir. Feb. 10, 2015): These consolidated appeals are taken from the September 4, 2012 class certification opinion, Sykes v. Mel Harris & Assocs., LLC, 285 F.R.D. 279 (S.D.N.Y. 2012) ("Sykes II"), and March 28, 2013 class certification order of the United States ...
Sykes v. Harris, 2015 U.S. App. LEXIS 2057 (2d Cir. Feb. 10, 2015): These consolidated appeals are taken from the September 4, 2012 class certification opinion, Sykes v. Mel Harris & Assocs., LLC, 285 F.R.D. 279 (S.D.N.Y. 2012) ("Sykes II"),…
Continue Reading

Fifth Amendment Privilege in Civil Cases — Party Barred from Offering Any Evidence on Subjects Shielded from Discovery by Its Own Assertion of Fifth

Barrette Outdoor Living, Inc. v. Mich. Resin. Representatives, 2015 U.S. Dist. LEXIS 8936 (E.D. Mich. Jan. 27, 2015): B.  Plaintiff's Motion in Limine to Preclude Defendant John Lemanski from Offering Any Evidence and/or Testimony on Subjects He Shielded from Discovery Through His Assertion of th ...
Barrette Outdoor Living, Inc. v. Mich. Resin. Representatives, 2015 U.S. Dist. LEXIS 8936 (E.D. Mich. Jan. 27, 2015): B.  Plaintiff's Motion in Limine to Preclude Defendant John Lemanski from Offering Any Evidence and/or Testimony on Subjects He Shielded from Discovery …
Continue Reading

Text Authentication = Knowledge of Cell Password & Identifying Info in Other Texts — Contact Info for Brother, Girlfriend + Texts Addressed to Person Suffice — Incoming Texts ≠ Hearsay But Context for Outgoing — 901(b)(6) Doesn’t Apply to Texts

United States v. Benford, 2015 U.S. Dist. LEXIS 17046 (W.D. Okla. Feb. 12, 2015): A.  Text Messages Although Defendant represents that over 3,800 text messages were retrieved from the cellphone, at issue are 12 text messages exchanged on February 11, 2014, approximately three months before Def ...
United States v. Benford, 2015 U.S. Dist. LEXIS 17046 (W.D. Okla. Feb. 12, 2015): A.  Text Messages Although Defendant represents that over 3,800 text messages were retrieved from the cellphone, at issue are 12 text messages exchanged on February 11,…
Continue Reading

Judicial Notice of Internet Evidence — Gmail Functionality as Described on Gmail Website — Note: Gmail Allows Users to Send Messages with Another of Their Email Addresses Listed Instead of Gmail

McNaughton v. de Blasio, 2015 U.S. Dist. LEXIS 13352 (S.D.N.Y. Feb. 4, 2015): Footnote 10   One accusation raised in the portion of Plaintiff's opposition brief dedicated to the alleged "deletion or falsification of emails" (Pl. Opp. 6) requires a brief response -- if only to illustrate Plaintiff's knack for inferr ...
McNaughton v. de Blasio, 2015 U.S. Dist. LEXIS 13352 (S.D.N.Y. Feb. 4, 2015): Footnote 10   One accusation raised in the portion of Plaintiff's opposition brief dedicated to the alleged "deletion or falsification of emails" (Pl. Opp. 6) requires a brief…
Continue Reading

Sanctions for Failure to Disclose Insurance Coverage under Rule 26(a)(1) Not Waived If Not Raised in District Court — Rule 26(g)(3) Mandates Sanctions Sua Sponte for Breach of Disclosure Duty

Food Team Int’l, Ltd. v. Unilink, LLC, 2014 U.S. App. LEXIS 23732 (3d Cir. Dec. 17, 2014): D. Rule 26 Sanctions The parties dispute whether the District Court should have sanctioned Defendants and their counsel for their failure to disclose Unilink's insurance policy. Rule 26(a) provides ...
Food Team Int’l, Ltd. v. Unilink, LLC, 2014 U.S. App. LEXIS 23732 (3d Cir. Dec. 17, 2014): D. Rule 26 Sanctions The parties dispute whether the District Court should have sanctioned Defendants and their counsel for their failure to disclose …
Continue Reading

Email/Text — Text Messages on Cell Phone Found on Vehicle Occupied by Only One Person Sufficiently Tied to Person by Circumstantial Evidence (Contents of Messages) = Admissions, Declarations against Interest

Jiminez v. State, 2014 Tex. App. LEXIS 12737 (Tex. Ct. App. Nov. 25, 2014): Appellant Martin Robeles Jimenez was convicted by a jury of possession of a controlled substance, methamphetamine, in an amount of four grams or more but less than 200 grams, with the intent to deliver. The jury imposed a punishment of fifteen years in prison ...
Jiminez v. State, 2014 Tex. App. LEXIS 12737 (Tex. Ct. App. Nov. 25, 2014): Appellant Martin Robeles Jimenez was convicted by a jury of possession of a controlled substance, methamphetamine, in an amount of four grams or more but less…
Continue Reading
Previous214215216217218219220Next

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

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice