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

Party and Counsel Both Subject to Personal Liability for Failure to Comply with Discovery Orders under Rule 37(b)(2)(A) & (C) — Good Quote

Porter Bridge Loan Co. v. Northrop, 2014 U.S. App. LEXIS 8956 (10th Cir. May 14, 2014): III. SANCTION AWARD AGAINST ATTORNEY CAPRON Mr. Capron challenges the district court's order imposing on him a discovery sanction of $1,500.00. Under Rule 37(b)(2)(A) & (C), if a party "fails to obey an orde ...
Porter Bridge Loan Co. v. Northrop, 2014 U.S. App. LEXIS 8956 (10th Cir. May 14, 2014): III. SANCTION AWARD AGAINST ATTORNEY CAPRON Mr. Capron challenges the district court's order imposing on him a discovery sanction of $1,500.00. Under Rule 37(b)(2)(A) …
Continue Reading

ESI Needn’t Be Produced Either as Kept in Usual Course of Business Nor Organized and Labeled to Correspond to Production Request, But in the Form Usually Maintained or In Reasonably Usable Form, Regardless of Requested Format

  Nat’l Jewish Health v. WebMD Health Servs. Grp., Inc., 2014 U.S. Dist. LEXIS 69669 (D. Colo. Mar. 24, 2014) (Hedges, Special Master): The WebMD ESI Production Complies With Rule 34(b)(2)(E)(ii) 1. Rule 34(b)(2)(E) provides that unless otherwise stipulated or ordered ...
Nat’l Jewish Health v. WebMD Health Servs. Grp., Inc., 2014 U.S. Dist. LEXIS 69669 (D. Colo. Mar. 24, 2014) (Hedges, Special Master): The WebMD ESI Production Complies With Rule 34(b)(2)(E)(ii) 1. Rule 34(b)(2)(E) provides that unless otherwise stipulated or ordered…
Continue Reading

Failure to Identify Sanctioning Power Pursuant to Which Attorneys’ Fees Awarded = Abuse of Discretion, Requires Remand

Arnold v. Fed. Nat’l Mortg. Ass’n, 2014 U.S. App. LEXIS 9711 (5th Cir. May 27, 2014): At the initial conference in this case, the district court explicitly warned the Arnolds and their original counsel that it believed their claims lacked any merit and that if they chose to continue to prosecute their suit they might face sanction ...
Arnold v. Fed. Nat’l Mortg. Ass’n, 2014 U.S. App. LEXIS 9711 (5th Cir. May 27, 2014): At the initial conference in this case, the district court explicitly warned the Arnolds and their original counsel that it believed their claims lacked…
Continue Reading

Appeals — While Pro Se Briefs Are Liberally Construed, Failure to Brief an Argument Still Waives It

Haase v. Countrywide Home Loans, Inc., 2014 U.S. App. LEXIS 6450 (5th Cir. April 8, 2014): As we begin our review, we are mindful that "we liberally construe briefs of pro se litigants and apply less stringent standards to parties proceeding pro se than parties represented by counsel." Grant v. Cuellar
Haase v. Countrywide Home Loans, Inc., 2014 U.S. App. LEXIS 6450 (5th Cir. April 8, 2014): As we begin our review, we are mindful that "we liberally construe briefs of pro se litigants and apply less stringent standards to parties …
Continue Reading

Sanctions — Striking of All Pleadings “Is a Serious Sanction That Requires an Explicit Factual Basis from the District Court” — Willfulness May Be Inferred from Party’s “Pattern of Behavior” (Good Quotes)

Southern U.S. Trade Ass’n v. Guddh, 2014 U.S. App. LEXIS 7570 (5th Cir. April 22, 2014): The defendant, Sumit Guddh, appeals the district court's imposition of sanctions against him and the district court's grant of summary judgment to the plaintiffs -- the Southern United States Trade Association ("SUSTA"), Jerry ...
Southern U.S. Trade Ass’n v. Guddh, 2014 U.S. App. LEXIS 7570 (5th Cir. April 22, 2014): The defendant, Sumit Guddh, appeals the district court's imposition of sanctions against him and the district court's grant of summary judgment to the plaintiffs…
Continue Reading

Statute of Frauds and Emails — Typing a Name at Bottom of Email Sufficient to Satisfy Statute, But “Pre-Printed” Signature Is Not

Rhodium Special Opportunity Fund, LLC v. Life Trading Holdco, LLC, 2014 N.Y. Misc. LEXIS 1525 (Sup. Ct. N.Y. Cnty. Mar. 31, 2014): Courts in New York have held that an email may constitute a writing for the purpose of the statute of frauds. See Naldi v Grunberg, 80 AD3d 1, 14, 908 N.Y.S.2d 639 (1st Dept 2010) ...
Rhodium Special Opportunity Fund, LLC v. Life Trading Holdco, LLC, 2014 N.Y. Misc. LEXIS 1525 (Sup. Ct. N.Y. Cnty. Mar. 31, 2014): Courts in New York have held that an email may constitute a writing for the purpose of the …
Continue Reading

RICO — Particularity Requirements — Single Fraud Perpetuated over Several Years Lacks Continuity — “Injury Resulting from Mere Subdivisions of One Fraudulent Scheme Is Not Sufficient to Form a Pattern” (Good Quotes)

DeWitt Ins., Inc. v. Horton, 2014 U.S. Dist. LEXIS 72384 (E.D. Mo. May 28, 2014): Dewitt Insurance, Inc. ("Dewitt") is an insurance management company.... Horton worked for Dewitt as an independent agent and as a "producer" from March 20, 1998 through June 30, 2011..... During some periods, Horton ...
DeWitt Ins., Inc. v. Horton, 2014 U.S. Dist. LEXIS 72384 (E.D. Mo. May 28, 2014): Dewitt Insurance, Inc. ("Dewitt") is an insurance management company…. Horton worked for Dewitt as an independent agent and as a "producer" from March 20, 1998 …
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

Rule 37(c)(1) Sanction of Exclusion of Belatedly-Appointed Expert — Factors — Burden of Proving Justification or Excuse — “Particularly Wide” Discretion Accorded Trial Court, Which Need Not Explicitly Consider Guiding Factors

Wilkins v. Montgomery, 2014 U.S. App. LEXIS 8412 (4th Cir. May 5, 2014): We first discuss Appellant's challenge to the district court's exclusion of her expert, Dr. Voskanian. This issue implicates both the February 8 Order excluding Dr. Voskanian, and the portion of the April 11 Order denying Appellant's Rule 59 motion to ...
Wilkins v. Montgomery, 2014 U.S. App. LEXIS 8412 (4th Cir. May 5, 2014): We first discuss Appellant's challenge to the district court's exclusion of her expert, Dr. Voskanian. This issue implicates both the February 8 Order excluding Dr. Voskanian, and…
Continue Reading

New Amendments to Federal Rules of Civil Procedure, As Approved by Standing Committee 29 May 2014

Download associated file: Proposed Amendments to FRCP Approved by Standing Committee 29 May 2014.pdf  Attached are amendments to the Federal Rules of Civil Procedure that were approved today by the Standing Committee on Rules ...
Download associated file: Proposed Amendments to FRCP Approved by Standing Committee 29 May 2014.pdf  Attached are amendments to the Federal Rules of Civil Procedure that were approved today by the Standing Committee on Rules of Practice and Procedure.  They…
Continue Reading
Previous242243244245246247248Next

Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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