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

Diversity Jurisdiction — National Banking Association Is Citizen of State Where It Is “Located” — I.e., Has Its “Main Office” — Submitting Supplemental Material on Appeal to Establish Subject Matter Jurisdiction OK

Arthur v. JPMorgan Chase Bank, N.A., 2014 U.S. App. LEXIS 11053 (11th Cir. June 13, 2014): Fifty-eight individuals (hereinafter, "Appellants") whose homes were in various stages of the foreclosure process brought this action against JP Morgan Chase Bank, N.A. (hereinafter, "JP Morgan"), seeking damages and injuncti ...
Arthur v. JPMorgan Chase Bank, N.A., 2014 U.S. App. LEXIS 11053 (11th Cir. June 13, 2014): Fifty-eight individuals (hereinafter, "Appellants") whose homes were in various stages of the foreclosure process brought this action against JP Morgan Chase Bank, N.A. (hereinafter,…
Continue Reading

Absent Definitive Ruling on Motion to Exclude Witness’s Testimony (Here, an Expert), Counsel Must Object to Specific Questions Posed at Trial or Waives Argument on Appeal That Admission Was Flawed

United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): 2. Opinion Testimony Finally, Threadgill claims that the district court erred when it admitted testimony from Jackson and Bjorkman regarding Threadgill's knowledge, intent, and state of mind. In Threadgill's view, ...
United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): 2. Opinion Testimony Finally, Threadgill claims that the district court erred when it admitted testimony from Jackson and Bjorkman regarding Threadgill's knowledge, intent, and state of …
Continue Reading

Spoliation — Impact on Summary Judgment — Routine Practice of Destruction May Show No Bad Faith — Failure of Anyone to View Video before Automatically Recording over It Corroborative of No Bad Faith

Schreane v. Beemon, 2014 U.S. App. LEXIS 13859 (5th Cir. July 21, 2014): Schreane sought to compel the government to turn over surveillance video footage from the prison, which Schreane argued would show that while guarding Schreane's unit Beemon had willfully violated the policy against allowing inmates to enter units to which th ...
Schreane v. Beemon, 2014 U.S. App. LEXIS 13859 (5th Cir. July 21, 2014): Schreane sought to compel the government to turn over surveillance video footage from the prison, which Schreane argued would show that while guarding Schreane's unit Beemon had…
Continue Reading

Website Evidence — Internet Chats May Be Relevant as Probative of State of Mind or to Associate Party with Data Found on His or Her Computer

United States v. De Foggi, 2014 U.S. Dist. LEXIS 93198 (D. Neb. June 9, 2014): "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action." Fed. R. Evid. 401. Nevertheless, a "court may exclude ...
United States v. De Foggi, 2014 U.S. Dist. LEXIS 93198 (D. Neb. June 9, 2014): "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and…
Continue Reading

No Jurisdiction to Enforce Settlement Where Court Stated Terms on Record and Entered Order “Based on” Agreement Transcribed in Record But Did Not Incorporate Agreement in Order — How to Incorporate — Contempt Reversed, Other Sanctions Affirmed

StreetEasy, Inc. v. Chertok,2014 U.S. App. LEXIS 10691 (2d Cir. June 5, 2014): This appeal arises out of the attempted resolution of a dispute between a real estate listing website and one of its co-founders over the propriety of actions taken by the co-founder when he separated from the company in 2007, and the validity of co ...
StreetEasy, Inc. v. Chertok,2014 U.S. App. LEXIS 10691 (2d Cir. June 5, 2014): This appeal arises out of the attempted resolution of a dispute between a real estate listing website and one of its co-founders over the propriety of actions …
Continue Reading

Rule 11 Sanctions May Be Sought for Successfully Opposing Sanctionable Rule 11 Motion without Filing Cross-Motion — Filing Unauthorized Substantive Reply Disguised as Sanctions Motion = Improper Purpose Violation

Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014): Smith next argues that the district court erred in awarding Appellees attorneys' fees for the expenses they incurred opposing her Rule 11 motion. When a party moves for sanctions under Rule 11, the court "may awar ...
Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014): Smith next argues that the district court erred in awarding Appellees attorneys' fees for the expenses they incurred opposing her Rule 11 motion. When …
Continue Reading

FAA Doesn’t Preempt Longer State-Law Period to Enforce a Judgment Entered by a Secondary Jurisdiction on Award Over 3 Years Old — Elements of Hines Preemption — Presumption against Preemption in Fields Traditionally Occupied by States

Commissions Import Export v. Republic of Congo, 2014 U.S. App. LEXIS 13158 (D.C. Cir. July 11, 2014): Commissions Import Export S.A. ("the Company") prevailed in 2000 in an arbitration in Paris, France against the Republic of the Congo and Caisse Congolaise d'Amortissement (collectively "the Congo"). Fo ...
Commissions Import Export v. Republic of Congo, 2014 U.S. App. LEXIS 13158 (D.C. Cir. July 11, 2014): Commissions Import Export S.A. ("the Company") prevailed in 2000 in an arbitration in Paris, France against the Republic of the Congo and Caisse …
Continue Reading

Rules 26, 34, 37 — Document Production: Party Has Control of Documents If It Has the Right or Ability to Obtain Them on Demand — Sanctions: Contempt Power Shouldn’t Generally Be Used to Award Non-Coercive, Compensatory, $ Sanctions (Good Quote)

Claude Worthington Benedum Foundation v. Harley, 2014 U.S. Dist. LEXIS 99019 (W.D. Pa. July 22, 2014): Plaintiff seeks sanctions based on Federal Rule of Civil Procedure 37(b)-(c). (Docket No. 71). Generally, Rule 37 governs sanctions imposed against a party that fails to provide discovery as required by the discovery rules or a court ...
Claude Worthington Benedum Foundation v. Harley, 2014 U.S. Dist. LEXIS 99019 (W.D. Pa. July 22, 2014): Plaintiff seeks sanctions based on Federal Rule of Civil Procedure 37(b)-(c). (Docket No. 71). Generally, Rule 37 governs sanctions imposed against a party that…
Continue Reading

Erie—State Statute Requiring Verification of Complaint Doesn’t Apply in Federal Court Despite Rule 11’s Exception for “a Rule or Statute” Requiring Verification—Means Only Fed. Rules & Stats—Other Anti-SLAPP Cases Distinguished

Royalty Network, Inc. v. Harris, 2014 U.S. App. LEXIS 13222 (11th Cir. July 10, 2014): Appellants Carl Harris and his company, Phat Groov Music, appeal the district court's order denying their motion to dismiss a complaint filed by Appellees The Royalty Network, Frank Liwall, and Steven Weber. Harris sought to dismiss the complain ...
Royalty Network, Inc. v. Harris, 2014 U.S. App. LEXIS 13222 (11th Cir. July 10, 2014): Appellants Carl Harris and his company, Phat Groov Music, appeal the district court's order denying their motion to dismiss a complaint filed by Appellees The…
Continue Reading

Inherent Power Sanctions — Vacatur of Order Procured by False Court Filings within Court’s Discretion — Abuse of Discretion Defined (5th Cir.)

Wilson v. Novartis Pharm. Corp., 2014 U.S. App. LEXIS 13234 (5th Cir. July 11, 2014): Appellants Billy and Caroline Wilson appeal the district court's orders vacating a prior substitution order, dismissing the case pursuant to Rule 25(a), and denying Appellants' Rule 59(e) motion to alter or amend the judgment. For the followi ...
Wilson v. Novartis Pharm. Corp., 2014 U.S. App. LEXIS 13234 (5th Cir. July 11, 2014): Appellants Billy and Caroline Wilson appeal the district court's orders vacating a prior substitution order, dismissing the case pursuant to Rule 25(a), and denying Appellants'…
Continue Reading
Previous232233234235236237238Next

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