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

RICO — Deprivation of Workers Comp ≠ Injury to Business or Property But Personal Injury — Clear Statement Canon of Interpretation — “The Most Liberal Construction of RICO Is Not Always the Proper One” — Good Quotes

Jackson v. Sedgwick Claims Mgmt. Servs., Inc., 2013 U.S. App. LEXIS 19495 (6th Cir. Sept. 24, 2013): Clifton Jackson and Christopher Scharnitzke were employees of Coca-Cola Enterprises, Inc. ("Coca-Cola") who suffered work-related injuries. They applied for workers' compensation benefits from Coca-Cola through Sedgwick ...
Jackson v. Sedgwick Claims Mgmt. Servs., Inc., 2013 U.S. App. LEXIS 19495 (6th Cir. Sept. 24, 2013): Clifton Jackson and Christopher Scharnitzke were employees of Coca-Cola Enterprises, Inc. ("Coca-Cola") who suffered work-related injuries. They applied for workers' compensation benefits from…
Continue Reading

Under New York Choice of Law Principles, If Parties Assume or Agree That New York Law Controls, It Does

Tripoint Global Equities, LLC v. Fasolino, 2013 U.S. Dist. LEXIS 150271 (S.D.N.Y. Oct. 18, 2013): Having resolved the usury counts, the next substantive issue is the legal malpractice claim against Weiss in Count One. Both parties assume that New York law applies to the legal malpractice claim, but they do not directly add ...
Tripoint Global Equities, LLC v. Fasolino, 2013 U.S. Dist. LEXIS 150271 (S.D.N.Y. Oct. 18, 2013): Having resolved the usury counts, the next substantive issue is the legal malpractice claim against Weiss in Count One. Both parties assume that New York …
Continue Reading

Extension of 30-Day Period within Which to File Notice of Appeal — Factors to Prove Excusable Neglect or Good Cause

Hochstadt v. N.Y. State Educ. Dep’t, 2013 U.S. App. LEXIS 19418 (2d Cir. Sept. 19, 2013): We review "for abuse of discretion a district court's decision to grant or deny an extension of time to file a notice of appeal." Williams v. KFC Nat'l Mgmt. Co., 391 F.3d 411, 415 (2d Cir. 2004). Pursuant to Federal ...
Hochstadt v. N.Y. State Educ. Dep’t, 2013 U.S. App. LEXIS 19418 (2d Cir. Sept. 19, 2013): We review "for abuse of discretion a district court's decision to grant or deny an extension of time to file a notice of appeal."…
Continue Reading

§ 1927 Sanctions Are Imposable for, But Not Limited to, Dilatory Conduct

B. Willis CPA, Inc. v. Public Serv. Co. of Okla., 511 F. App'x 753 (10th Cir. 2013): Under a heading titled "The District Court Lacked Jurisdiction To Consider a Motion For Sanctions," Aplt. Opening Br. at 17, Mr. Dickson makes several arguments. First, he argues that "Section 1927 targets the vexatious and unreaso ...
B. Willis CPA, Inc. v. Public Serv. Co. of Okla., 511 F. App'x 753 (10th Cir. 2013): Under a heading titled "The District Court Lacked Jurisdiction To Consider a Motion For Sanctions," Aplt. Opening Br. at 17, Mr. Dickson makes…
Continue Reading

Does a Complete Offer of Settlement Made Prior to Class Certification Moot a Class Action? — Circuit Split — Impact of Genesis — District Court Decision Not Binding on Other District Courts

Kensington Physical Therapy, Inc. v. Jackson Therapy Partners, LLC, 2013 U.S. Dist. LEXIS 142527 (D. Md. Oct. 2, 2013): Plaintiff Kensington Physical Therapy, Inc. ("Plaintiff") brings this action against Defendant Jackson Therapy Partners, LLC ("Defendant"). Plaintiff asserts a putative class action claim under the Telepho ...
Kensington Physical Therapy, Inc. v. Jackson Therapy Partners, LLC, 2013 U.S. Dist. LEXIS 142527 (D. Md. Oct. 2, 2013): Plaintiff Kensington Physical Therapy, Inc. ("Plaintiff") brings this action against Defendant Jackson Therapy Partners, LLC ("Defendant"). Plaintiff asserts a putative class…
Continue Reading

Rule 11 Sanctions Not Intended to Deter Novel or First Impression Arguments (Good Quote) — Local Counsel Allocated 25% of Penalty for Signing Frivolous Pleading — Acrimony as Requiring Greater Factual Inquiry

Walther v. McIntosh, 2013 U.S. Dist. LEXIS 144730 (M.D. Fla. Oct. 4, 2013):   Dorothy B. Walther is the income beneficiary of the James Walther Revocable Life Insurance Trust. (Doc. 5, ¶ 14.) Howard Walther, her son, is a contingent remainderman beneficiary of the Trust. (Id.) These Plaintiffs brought suit in ...
Walther v. McIntosh, 2013 U.S. Dist. LEXIS 144730 (M.D. Fla. Oct. 4, 2013):   Dorothy B. Walther is the income beneficiary of the James Walther Revocable Life Insurance Trust. (Doc. 5, ¶ 14.) Howard Walther, her son, is a contingent remainderman …
Continue Reading

Experts — The Helpfulness Threshold of Rule 702 Is Low — The District Court, Not the Court of Appeals, Is the Primary Gatekeeper

EEOC v. Boh Bros. Constr. Co., LLC, 2013 U.S. App. LEXIS 19867 (5th Cir. Sept. 27, 2013): Footnote 14.   The EEOC presented testimony by Dr. Liza Gold--a medical-school professor, board-certified psychiatrist, and author of a treatise on sexual harassment--regarding the nature of same-sex harassment from a psychological perspective ...
EEOC v. Boh Bros. Constr. Co., LLC, 2013 U.S. App. LEXIS 19867 (5th Cir. Sept. 27, 2013): Footnote 14.   The EEOC presented testimony by Dr. Liza Gold–a medical-school professor, board-certified psychiatrist, and author of a treatise on sexual harassment–regarding the…
Continue Reading

Applicability of Daubert at Class Certification — Circuit Split — Dicta of the Supreme Court “Should Be Very Persuasive” (Good Quote)

Moore v. Napolitano, 926 F. Supp. 2d 8 (D.D.C. 2013): Footnote 2.   In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2553-54, 180 L. Ed. 2d 374 (2011), the Supreme Court suggested that a court should probably determine whether expert testimony is admissible under Rule 702 and Daubert   at the cla ...
Moore v. Napolitano, 926 F. Supp. 2d 8 (D.D.C. 2013): Footnote 2.   In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2553-54, 180 L. Ed. 2d 374 (2011), the Supreme Court suggested that a court should probably determine whether…
Continue Reading

Appellate Review Is Waived as to Any Non-Dispositive Magistrate Judge Order Not Timely Objected to before District Court

Seto v. Thielen, 519 Fed. Appx. 966; 2013 U.S. App. LEXIS 3953 (9th Cir. 2013): A motion for leave to amend is a nondispositive motion which a magistrate judge may properly decide. 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a); U.S. Dominator, Inc. v. Factory Ship Robert E. Resoff, 768 F.2d 1099, 1102 & n.1 (9th Cir. 1985), supers ...
Seto v. Thielen, 519 Fed. Appx. 966; 2013 U.S. App. LEXIS 3953 (9th Cir. 2013): A motion for leave to amend is a nondispositive motion which a magistrate judge may properly decide. 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P.…
Continue Reading

Class Actions — Adequacy of Representation Must Be Judge Independently of Fairness of Settlement — Utility of Subclasses — Civil RICO Liability Is Based on Predicate Criminal Conduct, Requires Conscious Wrongdoing

Charron v. Wiener, 2013 U.S. App. LEXIS 19977 (2d Cir. Sept. 30, 2012): B. Adequacy of Representation Federal Rule of Civil Procedure 23(a)(4) requires that in a class action, "the interests of the class" must be "fairly and adequately protect[ed]." Fed. R. Civ. P. 23(a)(4). To ensure that ...
Charron v. Wiener, 2013 U.S. App. LEXIS 19977 (2d Cir. Sept. 30, 2012): B. Adequacy of Representation Federal Rule of Civil Procedure 23(a)(4) requires that in a class action, "the interests of the class" must be "fairly and adequately protect[ed]."…
Continue Reading
Previous261262263264265266267Next

Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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

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