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

Recusal — Unhappiness with Judge’s Rulings Is Not a Basis for Recusal — Alleged Bias and Prejudice Must Stem from an Extrajudicial Source and Result in a Merits Decision on Extrajudicial Basis

Watkins v. Smith, 2014 U.S. App. LEXIS 5968 (2d Cir. April 1, 2014): As for the plaintiff's motion for recusal, the fact that Plaintiff-Appellant and Appellants were unhappy with the district court's  [*3] legal rulings and other case management decisions is not a basis for recusal, and under no circumstances ...
Watkins v. Smith, 2014 U.S. App. LEXIS 5968 (2d Cir. April 1, 2014): As for the plaintiff's motion for recusal, the fact that Plaintiff-Appellant and Appellants were unhappy with the district court's  [*3] legal rulings and other case management decisions …
Continue Reading

Appealability — An Order Holding a Party in Civil Contempt Order Is Interlocutory and Not Appealable by Party Except on Final Judgment

U.S. Bank N.A. v. Gunn, 2013 U.S. App. LEXIS 26080 (3d Cir. Sept. 10, 2013): The foregoing appellees' motion to dismiss is granted and the appeal is dismissed for lack of appellate jurisdiction. Civil contempt orders are interlocutory and not immediately appealable, Cromaglass Corp. v. Ferm, 500 F.2d 601, ...
U.S. Bank N.A. v. Gunn, 2013 U.S. App. LEXIS 26080 (3d Cir. Sept. 10, 2013): The foregoing appellees' motion to dismiss is granted and the appeal is dismissed for lack of appellate jurisdiction. Civil contempt orders are interlocutory and not …
Continue Reading

Sanctions — Client Punishment for Lawyer’s Acts — Dilatoriness Less Worthy of Dismissal with Prejudice If It Is Lawyer’s Only — Less Reason to Believe Lighter Sanction Won’t Work — No Need to Consider Lesser Sanctions If Bad Faith

Bergstrom v. Frascone, 2014 U.S. App. LEXIS 4180 (8th Cir. Mar. 6, 2014): James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months,  [*2] Bergstrom's attorney failed to comply with a court ordered deadl ...
Bergstrom v. Frascone, 2014 U.S. App. LEXIS 4180 (8th Cir. Mar. 6, 2014): James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months,  [*2] Bergstrom's attorney…
Continue Reading

Authentication of Blogs, YouTube Videos, and Transcripts of YouTube Videos — Circumstantial Authentication of Email Evidence — Periodicals: Authentication vs. Hearsay

Randazza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed "investigative blogger." The Randazzas allege that Cox and Defendant ...
Randazza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed…
Continue Reading

Forum Selection Clause (FSC) Analyzed Like Arbitration Clause — Broad FSC Covers Tort Claims Arising out of Deal — 6 Theories for Binding Non-Parties to FSC — Unclear Whether State or Federal Law Determines Who Is Bound

Harland Clarke Holdings Corp. v. Milken, 2014 U.S. Dist. LEXIS 13947 (W.D. Tex Feb. 4, 2014): Scantron and Digital entered into a "Securities Purchase Agreement between Scantron Corporation and KUE Digital International, LLC" (the "Purchase Agreement") dated December 15, 2010 [for the purchase of the GlobalScholar ...
Harland Clarke Holdings Corp. v. Milken, 2014 U.S. Dist. LEXIS 13947 (W.D. Tex Feb. 4, 2014): Scantron and Digital entered into a "Securities Purchase Agreement between Scantron Corporation and KUE Digital International, LLC" (the "Purchase Agreement") dated December 15, 2010…
Continue Reading

§ 1927 — Standards for Imposing Liability — Reckless Disregard Sufficient in Fifth Circuit — Prerequisites to Awarding Damages — Not Sanctionable to Pursue Compulsory Counterclaim to Save Parallel State Court Action Where Opponent Refuses Stay

Lawyers Title Insurance Corp. v. Doubletree Partners, LP, 2014 U.S. App. LEXIS 717 (5th Cir. Jan. 14, 2014): In a consolidated appeal, Doubletree's attorneys, Kalis and Martin, challenge the magistrate judge's award of attorneys' fees to Lawyers Title under 28 U.S.C. § 1927. The magistrate judge granted in part Lawyers Ti ...
Lawyers Title Insurance Corp. v. Doubletree Partners, LP, 2014 U.S. App. LEXIS 717 (5th Cir. Jan. 14, 2014): In a consolidated appeal, Doubletree's attorneys, Kalis and Martin, challenge the magistrate judge's award of attorneys' fees to Lawyers Title under 28…
Continue Reading

Arbitration — No Interlocutory Review of Arbitration Proceedings under FAA or Parallel State Statute — Parties May Explicitly Agree to Displace FAA with State Arbitration Statutes

Savers Prop. & Cas. Ins. Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA., 2014 U.S. App. LEXIS 6488 (6th Cir. April 9, 2014): National Union Fire Insurance Company ("National Union") appeals the grant of a preliminary injunction that halted an ongoing arbitration proceeding with Savers Property and Casualty Insurance C ...
Savers Prop. & Cas. Ins. Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA., 2014 U.S. App. LEXIS 6488 (6th Cir. April 9, 2014): National Union Fire Insurance Company ("National Union") appeals the grant of a preliminary injunction that…
Continue Reading

Government Websites Are Self-Authenticating under Rule 902(5) — Also Authenticatable under Rule 901(b)(4) If Properly Presented

Williams Farm Produce Sales, Inc. v. R & G Produce Co., 2014 Tex. App. LEXIS 3369 (Tex. Ct. App. Mar. 27, 2014): Williams Farms Produce Sales, Inc. argues that there was no evidence to support the finding that it owned the federal cause of action because all of the documents provided by R&G were unauthenticated hearsay. We, ho ...
Williams Farm Produce Sales, Inc. v. R & G Produce Co., 2014 Tex. App. LEXIS 3369 (Tex. Ct. App. Mar. 27, 2014): Williams Farms Produce Sales, Inc. argues that there was no evidence to support the finding that it owned…
Continue Reading

Ad Hominem Attacks on Opposing Counsel Subject to Inherent Power Sanctions

Mayes v. Kollman, 2014 U.S. App. LEXIS 6055 (5th Cir April 1, 2014): Third, Appellants argue that counsel for Appellees prejudicially described Appellants' attorney during closing argument as an attorney who is "always advertising" and telling his clients that a vehicular collision is "cash time." Indee ...
Mayes v. Kollman, 2014 U.S. App. LEXIS 6055 (5th Cir April 1, 2014): Third, Appellants argue that counsel for Appellees prejudicially described Appellants' attorney during closing argument as an attorney who is "always advertising" and telling his clients that a …
Continue Reading

Email Authentication — Emails Produced in Discovery when Offered by Party Opponent Deemed Authentic

Frehner v. Clark Cnty. School Dist., 2014 U.S. Dist. LEXIS 44788 (D. Nev. Mar. 31, 2014): Footnote 4   Frehner submitted copies of purported e-mails between he and various officials with the Nevada Department of Education ("NDOE") in August 2011 and May 2012 concerning his department assignment. (Frehner Ex. 7, Dkt. No. 33 ...
Frehner v. Clark Cnty. School Dist., 2014 U.S. Dist. LEXIS 44788 (D. Nev. Mar. 31, 2014): Footnote 4   Frehner submitted copies of purported e-mails between he and various officials with the Nevada Department of Education ("NDOE") in August 2011 and…
Continue Reading
Previous247248249250251252253Next

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