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

Sovereign Immunity Bars an Inherent Power Monetary Sanction Against the Government — Lingering Question Whether Inherent Power Sanctions May Be Imposed in Criminal Cases

United States v. Droganes, 2013 U.S. App. LEXIS 17819 (6th Cir. Aug. 27, 2013): This case arises from a longstanding dispute between Sam Droganes and the United States Government. Droganes is a fireworks dealer in northern Kentucky. In 2007, agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) raided his business on ...
United States v. Droganes, 2013 U.S. App. LEXIS 17819 (6th Cir. Aug. 27, 2013): This case arises from a longstanding dispute between Sam Droganes and the United States Government. Droganes is a fireworks dealer in northern Kentucky. In 2007, agents…
Continue Reading

Spoliation — Attorneys’ Fees But No Adverse Inference Where Conduct Not Outrageous — Store Failed to Show Cameras Were Not Trained on Accident Spot — Summary Judgment Granted to Spoliator

Matteo v. Kohl’s Dep’t Stores, Inc., 2013 U.S. App. LEXIS 14094 (2d Cir. July 12, 2013): Zora Matteo appeals from the district court's March 6, 2012 order awarding summary judgment to defendants Kohl's Department Stores, Inc. and Kohl's Illinois, Inc. (collectively, "Kohl's"), and denying her request for an adverse inference instruc ...
Matteo v. Kohl’s Dep’t Stores, Inc., 2013 U.S. App. LEXIS 14094 (2d Cir. July 12, 2013): Zora Matteo appeals from the district court’s March 6, 2012 order awarding summary judgment to defendants Kohl’s Department Stores, Inc. and Kohl’s Illinois, Inc.…
Continue Reading

Fraudulent Joinder Requires More Than Mere Failure to State a Claim — Clear Legal Bar Needed — Dismissal Should Be Without Prejudice — Requirements for Case-Ending Sanctions (Third Circuit)

Hogan v. Raymond Corp., 2013 U.S. App. LEXIS 17282 (3d Cir. Aug. 20, 2013): We begin with this issue because it implicates the District Court's jurisdiction. See Boyer v. Snap-On Tools Corp., 913 F.2d 108, 110 (3d Cir. 1990). The fraudulent joinder doctrine permits courts to ignore the citizenship of a non-diverse defendant for diversit ...
Hogan v. Raymond Corp., 2013 U.S. App. LEXIS 17282 (3d Cir. Aug. 20, 2013): We begin with this issue because it implicates the District Court’s jurisdiction. See Boyer v. Snap-On Tools Corp., 913 F.2d 108, 110 (3d Cir. 1990). The…
Continue Reading

Erie Doctrine — In Predicting How a State Supreme Court Would Interpret a State Statute, Federal Court Is Bound by State Rules of Statutory Construction and Considers State Supreme Court’s “Considered Dicta”

JPMorgan Chase Bank, N.A. v. Peeks, 719 F.3d 1010 8th Cir. 2013): In these consolidated cases, we consider whether a national banking association chartered by the Office of the Comptroller of the Currency but not registered to do business with the Arkansas Secretary of State or the Arkansas Bank Department may use the non-judicial forec ...
JPMorgan Chase Bank, N.A. v. Peeks, 719 F.3d 1010 8th Cir. 2013): In these consolidated cases, we consider whether a national banking association chartered by the Office of the Comptroller of the Currency but not registered to do business with…
Continue Reading

RICO Claim Based on Underpayment of Wages Cannot Be Predicated on Pay Stubs That Reveal, Not Promote, the Fraud — Error to Prevent Motion to Amend by Immediate Entry of Judgment on Dismissal of Complaint

Nakahata v. N.Y. -Presbyterian Healthcare Sys., Inc., Nos. 11-0734, 11-0710, 11-0713, 11-0728 (2d Cir. July 11, 2013): ***Plaintiffs -- current and former healthcare employees -- allege that the Defendants -- healthcare systems, hospitals, corporate heads, and affiliated entities -- violated the Fair Labor Standards Act ("FLSA"), New Yo ...
Nakahata v. N.Y. -Presbyterian Healthcare Sys., Inc., Nos. 11-0734, 11-0710, 11-0713, 11-0728 (2d Cir. July 11, 2013): ***Plaintiffs — current and former healthcare employees — allege that the Defendants — healthcare systems, hospitals, corporate heads, and affiliated entities — violated…
Continue Reading

Sanctions: “There Is a Significant Difference between Making a Weak Argument with Little Chance of Success and Making a Frivolous Argument with No Chance of Success”—Good Quote—Argument Not Sanctioned Below Sanctioned on Appeal

Cooney v. Casady, 2013 U.S. App. LEXIS 17255 (7th Cir. Aug. 19, 2013): This case arises out of Deborah O. Cooney's administrative appeal of the Illinois Department of Children and Family Services' (DCFS) indicated finding against her of mental injury and substantial risk of harm to her children. Cooney claims that Rhonda Casady and Andr ...
Cooney v. Casady, 2013 U.S. App. LEXIS 17255 (7th Cir. Aug. 19, 2013): This case arises out of Deborah O. Cooney’s administrative appeal of the Illinois Department of Children and Family Services’ (DCFS) indicated finding against her of mental injury…
Continue Reading

Collateral Order Doctrine — Elements — Pendent Appellate Jurisdiction — “Inextricably Intertwined” Requirement — Implied Waiver and Arbitral Award Exceptions of the FSIA

Blue Ridge Inv., LLC v. Republic of Argentina, 2013 U.S. App. LEXIS 17160 (2d Cir. Aug. 19, 2013): This appeal arises from an order of the United States District Court for the Southern District of New York (Paul G. Gardephe, Judge) that denied a motion to dismiss filed by respondent-appellant the Republic of Argentina ("Argentina"). In ...
Blue Ridge Inv., LLC v. Republic of Argentina, 2013 U.S. App. LEXIS 17160 (2d Cir. Aug. 19, 2013): This appeal arises from an order of the United States District Court for the Southern District of New York (Paul G. Gardephe,…
Continue Reading

Securities — Section 11 — The Affirmative Defense of “Negative Causation” and Overcoming It

Hildes v. Arthur Andersen LLP, 2013 U.S. App. LEXIS 17177 (9th Cir. Aug. 19, 2013): David Hildes appeals from a district court order denying leave to amend his complaint. Hildes sought to add a claim under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, against former outside directors of Peregrine Systems, Inc. ("Peregrine" ...
Hildes v. Arthur Andersen LLP, 2013 U.S. App. LEXIS 17177 (9th Cir. Aug. 19, 2013): David Hildes appeals from a district court order denying leave to amend his complaint. Hildes sought to add a claim under Section 11 of the…
Continue Reading

Class Actions — The 3½ Grounds Warranting Discretionary Review of a Certification Decision under Rule 23(f)

In re Rail Freight Fuel Surcharge Antitrust Litig., 2013 U.S. App. LEXIS 16500 (D.C. Cir. Aug. 9, 2013): Before addressing the merits, we pause to consider a thorny threshold question. Should we be exercising our appellate jurisdiction over this case in the first place? Class certification is, after all, not a final decision of the sort ...
In re Rail Freight Fuel Surcharge Antitrust Litig., 2013 U.S. App. LEXIS 16500 (D.C. Cir. Aug. 9, 2013): Before addressing the merits, we pause to consider a thorny threshold question. Should we be exercising our appellate jurisdiction over this case…
Continue Reading

Rule 41(a)(1)(A)(ii) Stipulated Dismissal without Prejudice Is a Final Proceeding Subject to Vacatur under Rule 60(b)

Yesh Music v. Lakewood Church, 2013 U.S. App. LEXIS 16884 (5th Cir. Aug. 14, 2013): Plaintiff-Appellee Yesh Music is a general partnership comprised of Appellees Richard Cupolo and John Emanuele, two musicians who write, record, and perform ambient music. Defendant-Appellant Lakewood Church ("Lakewood"), pastored by Joel and Victoria ...
Yesh Music v. Lakewood Church, 2013 U.S. App. LEXIS 16884 (5th Cir. Aug. 14, 2013): Plaintiff-Appellee Yesh Music is a general partnership comprised of Appellees Richard Cupolo and John Emanuele, two musicians who write, record, and perform ambient music. Defendant-Appellant…
Continue Reading
Previous266267268269270271272Next

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