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

Error to Impose Sanctions in 2013 under Pre-1993 Version of Rule 11

Webb v. LaSalle, 2013 U.S. App. LEXIS 15051 (5th Cir. July 2, 2013): Regarding the imposition of sanctions, however, the court did not apply current law, and its quotations from and references to Rule 11 do not appear to come from the text of that rule as it was largely amended in 1993 to make it more difficult to levy sanctions. (The ...
Webb v. LaSalle, 2013 U.S. App. LEXIS 15051 (5th Cir. July 2, 2013): Regarding the imposition of sanctions, however, the court did not apply current law, and its quotations from and references to Rule 11 do not appear to come…
Continue Reading

Sua Sponte Rule 11 Sanctions — No Defense That Paralegal Erred in Misidentifying Judgment Debtor in Enforcement Action — It Was “Akin to Contempt” for Counsel of Record Not to Have Caught or Corrected the Error for Over a Year

iParametrics, LLC v. Howe, 2013 U.S. App. LEXIS 13204 (11th Cir. June 27, 2013): Scott M. Stevens, an attorney, appeals pro se the formal reprimand that he received for misrepresenting to the district court and a Georgia court that Jon Meier was indebted to iParametrics, LLC. The district court sua sponte sanctioned Stevens for viol ...
iParametrics, LLC v. Howe, 2013 U.S. App. LEXIS 13204 (11th Cir. June 27, 2013): Scott M. Stevens, an attorney, appeals pro se the formal reprimand that he received for misrepresenting to the district court and a Georgia court that Jon…
Continue Reading

Rule 26(e) Right to Supplement Does Not Permit a Filing Designed to Cure a Deficient Expert Report

SSS Enters. v. Nova Petroleum Realty LLC, 2013 U.S. App. LEXIS 14641 (4th Cir. July 19, 2013): At a pretrial conference, the district court ordered that the plaintiffs file their expert disclosures, as required by Federal Rule of Civil Procedure 26(a)(2)(B), by January 27, 2012. That rule requires that unless otherwise exempted, the disc ...
SSS Enters. v. Nova Petroleum Realty LLC, 2013 U.S. App. LEXIS 14641 (4th Cir. July 19, 2013): At a pretrial conference, the district court ordered that the plaintiffs file their expert disclosures, as required by Federal Rule of Civil Procedure…
Continue Reading

Good Faith Is No Defense to Citation for Civil Contempt If Violation of Injunction Is Proved by Clear and Convincing Evidence

N.L.R.B v. Flores, 2012 U.S. App. LEXIS 26981 (1st Cir. Aug. 6, 2012) (R&R): The party seeking an order of civil contempt must demonstrate by clear and convincing proof that the opposing party has violated the court's injunctive decree. Goya Foods, 290 F.3d at 77; Project B.A.S.I.C. v. Kemp, 947 F.2d 11, 16 (1st Cir. 1991).
N.L.R.B v. Flores, 2012 U.S. App. LEXIS 26981 (1st Cir. Aug. 6, 2012) (R&R): The party seeking an order of civil contempt must demonstrate by clear and convincing proof that the opposing party has violated the court’s injunctive decree. Goya…
Continue Reading

RICO — Third Circuit Requires a Minimum Duration of One Year for Closed-End Continuity

Battaist v. Arbors Mgmt., Inc., 2013 U.S. App. LEXIS 11815 (3d Cir. June 12, 2013): In order to state a cognizable RICO claim, Battiste's complaint must plausibly allege the following elements: "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Sedima, S.P.R.L. v. Imrex Co., Inc., 473 U.S. 479, 495-96 ...
Battaist v. Arbors Mgmt., Inc., 2013 U.S. App. LEXIS 11815 (3d Cir. June 12, 2013): In order to state a cognizable RICO claim, Battiste’s complaint must plausibly allege the following elements: “(1) conduct (2) of an enterprise (3) through a…
Continue Reading

Inherent Power Sanctions — How Bad Faith May Be Demonstrated

Miller v. Am. Family Mut. Ins. Co., 2013 U.S. App. LEXIS 13744 (9th Cir. July 8, 2013): Mr. Miller acknowledges that the district court has the inherent power to impose sanctions for bad faith conduct by litigants. See generally Chambers v. NASCO, Inc., 501 U.S. 32, 46-51 (1991). He nevertheless contends that the district court erred ...
Miller v. Am. Family Mut. Ins. Co., 2013 U.S. App. LEXIS 13744 (9th Cir. July 8, 2013): Mr. Miller acknowledges that the district court has the inherent power to impose sanctions for bad faith conduct by litigants. See generally Chambers…
Continue Reading

Primary Jurisdiction Doctrine — Factors

Hood v. Wholesoy & Co., 2013 U.S. Dist. LEXIS 97836 (N.D. Cal. July 12, 2013): Pending before the Court is the Motion of Defendants Wholesoy & Co., Modesto Wholesoy Company LLC, The Wholesoy Company, Tan Industries, Inc., Ken Nordquist, and Ted Nordquist (collectively "Wholesoy") to Dismiss the class action complaint of Plaintiff Janet ...
Hood v. Wholesoy & Co., 2013 U.S. Dist. LEXIS 97836 (N.D. Cal. July 12, 2013): Pending before the Court is the Motion of Defendants Wholesoy & Co., Modesto Wholesoy Company LLC, The Wholesoy Company, Tan Industries, Inc., Ken Nordquist, and…
Continue Reading

While Failure to Object to Magistrate Judge’s Report within 14 Days Waives Review of That Decision If the Report Explicitly So States (with Citations), the Waiver Rule Is Non-Jurisdictional and May Be Excused

Zaretsky v. Maxi Aids, Inc., 2013 U.S. App. LEXIS 14312 (2d Cir. July 16, 2013): Appellants Feige Zaretsky and Aaron Berlin, pro se, appeal from a final judgment dismissing their amended complaint pursuant to Federal Rules of Civil Procedure 16(f), for failure to comply with a court order, and 41(b), for failure to prosecute. Appellants ...
Zaretsky v. Maxi Aids, Inc., 2013 U.S. App. LEXIS 14312 (2d Cir. July 16, 2013): Appellants Feige Zaretsky and Aaron Berlin, pro se, appeal from a final judgment dismissing their amended complaint pursuant to Federal Rules of Civil Procedure 16(f),…
Continue Reading

When Summary Judgment Allowed on Claims Requiring Proof of Intent — RICO Enterprise of Affiliated and Unaffiliated Entities and Employees Upheld — Prejudgment Interest Plus Punitive Damages Permitted, and at Higher State Rate — Good Quotes

In re ClassicStar Mare Lease Litig., 2013 U.S. App. LEXIS 14518 (6th Cir. July 18, 2013): Defendants argue that summary judgment was inappropriate because there are disputed issues of fact as to whether they intended to defraud Plaintiffs through the Mare Lease Program. Defendants assert that the district court improperly relied only on ...
In re ClassicStar Mare Lease Litig., 2013 U.S. App. LEXIS 14518 (6th Cir. July 18, 2013): Defendants argue that summary judgment was inappropriate because there are disputed issues of fact as to whether they intended to defraud Plaintiffs through the…
Continue Reading

Default Judgment for Discovery Violations — Factors for Review of Rule 37 Sanctions — Severe & Otherwise — Second Circuit

Guggenheim Capital, LLC v. Birnbaum, 2013 U.S. App. LEXIS 14195 (2d Cir. July 15, 2013): "If a party . . . fails to obey an order to provide or permit discovery," the district court may impose sanctions, including "rendering a default judgment against the disobedient party." Fed. R. Civ. P. 37(b)(2)(A)(vi). Certain Rule 37 remedies ...
Guggenheim Capital, LLC v. Birnbaum, 2013 U.S. App. LEXIS 14195 (2d Cir. July 15, 2013): “If a party . . . fails to obey an order to provide or permit discovery,” the district court may impose sanctions, including “rendering a…
Continue Reading
Previous271272273274275276277Next

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