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

Experts — 26(e)(2) Supplementation of Report — Factors Guiding Substantially-Justified or Harmless Analysis (10th Circuit) — Inability to Catch Expert “Flat-Footed” at Deposition Is Not a Type of Prejudice that Justifies Exclusion under 37(c)(1)

Gillum v. United States, 309 F. App'x 267 (10th Cir. 2009): In this Federal Tort Claims Act medical malpractice action, Kathleen Gillum, as the surviving spouse and executor of the estate of Donald Gillum, appeals the district court's exclusion of her expert witness's testimony and the resulting grant of summary judgment t ...
Gillum v. United States, 309 F. App'x 267 (10th Cir. 2009): In this Federal Tort Claims Act medical malpractice action, Kathleen Gillum, as the surviving spouse and executor of the estate of Donald Gillum, appeals the district court's exclusion of…
Continue Reading

Mere Existence of Issue of First Impression Insufficient to Warrant 1292(b) Interlocutory Appeal — If Questions of First Impression Alone Were Sufficient, Courts of Appeals Would Be Besieged with Piecemeal Appeals — Good Quote

Tavares v. S-L Dist. Co., 2014 U.S. Dist. LEXIS 146414 (M.D. Pa. June 12, 2014): Initially, we note that neither the Third Circuit nor Pennsylvania courts have addressed the particular choice-of-law issue before us. However, that the issue is one of first impression does not make a prima facie case for certification of appeal ...
Tavares v. S-L Dist. Co., 2014 U.S. Dist. LEXIS 146414 (M.D. Pa. June 12, 2014): Initially, we note that neither the Third Circuit nor Pennsylvania courts have addressed the particular choice-of-law issue before us. However, that the issue is one …
Continue Reading

Motion to Dismiss May Be Granted without Reaching Merits If It Is Unopposed — The Failure to Respond Is Viewed as a Concession or Dismissal Is Deemed an Appropriate Sanction for Failure to Respond

Blount v. Northrup Grumman Info. Tech. Overseas, Inc., 2014 U.S. Dist. LEXIS 146407 (E.D. Va. Oct. 14, 2014):  Before considering the merits of this motion, this Court must first address Blount's untimely filing. Blount's opposition was approximately one month late. At no point did Blount move for an extension of time. S ...
Blount v. Northrup Grumman Info. Tech. Overseas, Inc., 2014 U.S. Dist. LEXIS 146407 (E.D. Va. Oct. 14, 2014):  Before considering the merits of this motion, this Court must first address Blount's untimely filing. Blount's opposition was approximately one month late.…
Continue Reading

Recusal — 28 U.S.C. § 455 — Displeasure with Judge’s Legal Rulings Is Not an Adequate Basis for Recusal (Good Quote)

Collura v City of Phila., 2014 U.S. App. LEXIS 20810 (3d Cir. Oct. 27, 2014): B. Denial of Motions for Recusal To the extent that Collura seeks review of District [*7]  Court orders denying his motions for recusal, we reiterate what we said when denying Collura's petition for a writ of m ...
Collura v City of Phila., 2014 U.S. App. LEXIS 20810 (3d Cir. Oct. 27, 2014): B. Denial of Motions for Recusal To the extent that Collura seeks review of District [*7]  Court orders denying his motions for recusal, we reiterate…
Continue Reading

RICO — Hobbs Act: Hard Bargaining vs. Wrongful Use of Fear — Claim of Right Not Beaten by Claim Deal Lacks Subjective Value — Contract Breach ≠ “Wrongful” — State Statute Labels vs. Substance — Complaint Length Defeats Motion to Amend

United Brotherhood of Carpenters v. Building & Constr. Trades Dep’t, 2014 U.S. App. LEXIS 20667 (9th Cir. Oct. 28, 2014): We must decide whether a labor union's use of economic pressure is extortion under the Racketeer Influenced and Corrupt Organizations Act. I The Building and Constructi ...
United Brotherhood of Carpenters v. Building & Constr. Trades Dep’t, 2014 U.S. App. LEXIS 20667 (9th Cir. Oct. 28, 2014): We must decide whether a labor union's use of economic pressure is extortion under the Racketeer Influenced and Corrupt Organizations …
Continue Reading

Daubert — If Expert Testimony Based on “Good Grounds,” It Should Go to Jury — Ultimate Question Is Whether Expert Employs in Courtroom Same Level of Intellectual Rigor That Characterizes Expert Practice in the Field

Faulkner v. Arista Records LLC, 2014 U.S. Dist. LEXIS 129711 (S.D.N.Y. Sept. 15, 2014): "Courts within the Second Circuit have liberally construed expert qualification requirements." In re Methyl Tertiary Butyl Ether ("MTBE") Prods. Liab. Litig., MDL No. 1358 (SAS), 2008 WL 1971538, at *5 (S.D.N.Y ...
Faulkner v. Arista Records LLC, 2014 U.S. Dist. LEXIS 129711 (S.D.N.Y. Sept. 15, 2014): "Courts within the Second Circuit have liberally construed expert qualification requirements." In re Methyl Tertiary Butyl Ether ("MTBE") Prods. Liab. Litig., MDL No. 1358…
Continue Reading

Inherent Power Sanctions — Bad Faith Inferable If Acts Are “So Completely without Merit” — More Exacting Abuse of Discretion Standard in Sanctions Appeals — Claim Colorable If It Has Some Legal, Factual Support and a Reasonable Belief in It

Hollon v. Merck & Co., Inc., 2014 U.S. App. LEXIS 20237 (2d Cir. Oct. 20, 2014): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be VACATED AND REMANDED. Gary J. Douglas appeals from the judgment of the United States District Court for the Southern District of N ...
Hollon v. Merck & Co., Inc., 2014 U.S. App. LEXIS 20237 (2d Cir. Oct. 20, 2014): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be VACATED AND REMANDED. Gary J. Douglas …
Continue Reading

Derivative Actions — Massachusetts Business Trusts — Applicable Law (Substantive (Mass.) vs.Procedural (Forum) — Dismissal Based on Special Litigation Committee Investigation

Rotz v. Van Kampen Asset Mgmt., 2014 N.Y. Misc. LEXIS 4663 (Sup. Ct. N.Y. Cnty. Oct. 22, 2014): In these shareholder derivative suits, plaintiffs allege that certain officers of the nominal defendant trusts and the trusts' former investment advisers breached their fiduciary duties and wasted corporate assets by causing the trusts ...
Rotz v. Van Kampen Asset Mgmt., 2014 N.Y. Misc. LEXIS 4663 (Sup. Ct. N.Y. Cnty. Oct. 22, 2014): In these shareholder derivative suits, plaintiffs allege that certain officers of the nominal defendant trusts and the trusts' former investment advisers breached…
Continue Reading

Email/Text Admissibility — Authentication by Sender of Her Messages + Testimony They Were Sent to Recipient’s Address and Replies Were Consistent with Recipient’s Writing Style

State v. Womack, 2014 Wash. App. LEXIS 2566 (Wash. Ct. App. Oct. 21, 2014): N. Additional Ground 23 (Admission of E-mails) Womack claims the trial court erred by allowing the State to admit a copy of an e-mail between AW and Womack and allowing Voelker to testify that he received a copy of two e-mails ...
State v. Womack, 2014 Wash. App. LEXIS 2566 (Wash. Ct. App. Oct. 21, 2014): N. Additional Ground 23 (Admission of E-mails) Womack claims the trial court erred by allowing the State to admit a copy of an e-mail between AW…
Continue Reading

Inherent Power Sanction of Summary Judgment for Declining to Pay Attorney’s Fees Ordered as a Prerequisite to the Party’s Supplementing Its Claims (a Requirement of a Local Rule of Court) Reversed — Bad Faith Violation of Local Rule Essential

Anticancer, Inc. v. Pfizer, Inc., 2014 U.S. App. LEXIS 20059 (Fed. Cir. Oct. 20, 2014): This litigation concerns patents owned by AntiCancer, Inc. on technology related to the imaging of gene expression using a green fluorescent protein linked to a gene promoter. The fluorescent protein is derived from a species of green-glowing jell ...
Anticancer, Inc. v. Pfizer, Inc., 2014 U.S. App. LEXIS 20059 (Fed. Cir. Oct. 20, 2014): This litigation concerns patents owned by AntiCancer, Inc. on technology related to the imaging of gene expression using a green fluorescent protein linked to a…
Continue Reading
Previous222223224225226227228Next

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