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

Nonparty Invocation of 5th Amendment — Settlements as Damages — Severe Sanctions Absent Willfulness — RICO Continuity = Period Predicates Occurred — Good Quotes on Judge Changing Mind, Prejudice

Coquina Inv. v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): This case arises out of the billion-dollar Ponzi scheme perpetrated by Scott Rothstein. Plaintiff Coquina Investments ("Coquina") invested with Rothstein and lost over $6.7 million when his scheme collapsed. Defendant TD Bank, N.A. ("TD ...
Coquina Inv. v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): This case arises out of the billion-dollar Ponzi scheme perpetrated by Scott Rothstein. Plaintiff Coquina Investments ("Coquina") invested with Rothstein and lost over $6.7…
Continue Reading

§ 1927 Sanctions — Continuing to Litigate Claims after Adverse Party Offers to Provide the Only Relief to Which Claimant Is Entitled Merits Sanction

Milner v. Biggs, 2014 U.S. App. LEXIS 9075 (6th Cir. May 13, 2014): In the underlying case, plaintiffs-appellants Jason A. Milner, Natasha M. Milner, and Lexi Milner retained Jason Shugart as counsel after discovering mold in a home approximately four weeks after they purchased it. On behalf of the Milners, Shugart  [*2]
Milner v. Biggs, 2014 U.S. App. LEXIS 9075 (6th Cir. May 13, 2014): In the underlying case, plaintiffs-appellants Jason A. Milner, Natasha M. Milner, and Lexi Milner retained Jason Shugart as counsel after discovering mold in a home approximately four…
Continue Reading

General Propositions Do Not Decide Concrete Cases (Good Quote)

United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): This statement of the law may be correct as a general proposition, but "[g]eneral propositions do not decide concrete cases," Lochner v. New York, 198 U.S. 45, 76 (1905) (Holmes, J., dissenting). ...
United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): This statement of the law may be correct as a general proposition, but "[g]eneral propositions do not decide concrete cases," Lochner v. New York, 198…
Continue Reading

RICO — Deprivation of Honest Services, Alone, ≠ Concrete Injury to Business or Property Sufficient to Confer RICO Standing

Portfolio Invs. LLC v. First Sav. Bank Nw., 2014 U.S. App. LEXIS 14361 (9th Cir. July 28, 2014): Plaintiffs--appellants Portfolio Investments LLC, Stephen Nikolich, and Stephen's wife, Marcia Nikolich (collectively "Portfolio"), appeal from the district court's dismissal of their amended complaint with prejudice for ...
Portfolio Invs. LLC v. First Sav. Bank Nw., 2014 U.S. App. LEXIS 14361 (9th Cir. July 28, 2014): Plaintiffs–appellants Portfolio Investments LLC, Stephen Nikolich, and Stephen's wife, Marcia Nikolich (collectively "Portfolio"), appeal from the district court's dismissal of their amended…
Continue Reading

Text Messages — Authentication by One Party to Discussion — No Best Evidence Problem Converting Texts to Emails for Printing and Submission to Court — 12(f) Motion to Strike “Drastic,” Disfavored

Greco v. Velvet Cactus, LLC, 2014 U.S. Dist. LEXIS 87778 (E.D. La. June 27, 2014): Plaintiff Joseph Greco moves to strike a number of exhibits attached to the motions for summary judgment of defendants Velvet Cactus, LLC and Scott Dickinson. Greco also moves to strike certain statements in defendants' statements of uncontested mat ...
Greco v. Velvet Cactus, LLC, 2014 U.S. Dist. LEXIS 87778 (E.D. La. June 27, 2014): Plaintiff Joseph Greco moves to strike a number of exhibits attached to the motions for summary judgment of defendants Velvet Cactus, LLC and Scott Dickinson.…
Continue Reading

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
Previous234235236237238239240Next

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