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 — Complaint Conclusorily Alleging Control and Asserting a “Fanstastical Scheme” That “Defies Logic” Fails to State a Claim (Good Quote)

Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 2013 U.S. App. LEXIS 5277 (2d Cir. Mar. 18, 2013): Plaintiff-Appellant Petrosurance, Inc. appeals from an August 31, 2012 judgment entered pursuant to a Memorandum and Order of the United States District Court for the Southern District of New York (Buchwald, J.), dismissing this c ...
Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 2013 U.S. App. LEXIS 5277 (2d Cir. Mar. 18, 2013): Plaintiff-Appellant Petrosurance, Inc. appeals from an August 31, 2012 judgment entered pursuant to a Memorandum and Order of the United States District…
Continue Reading

Spoliation: Failure of Plaintiff’s Experts to Preserve Evidence before Defendant Knew of Claim Justifies Permissive Adverse Inference Instruction — Proper to Exclude Evidence Product Manufactured in China — No Reason to Sequester Experts

Indemnity Ins. Co. of N. Am. v. Electrolux Home Prods., Inc., 2013 U.S. App. LEXIS 6609 (3d Cir. April 2, 2013): Appellant, Indemnity Insurance Company of North America ("Indemnity"), as subrogee of the Unionville-Chadds Ford School District ("School District"), brought suit against Electrolux Home Products, Inc. ("Electrolux") alleging ...
Indemnity Ins. Co. of N. Am. v. Electrolux Home Prods., Inc., 2013 U.S. App. LEXIS 6609 (3d Cir. April 2, 2013): Appellant, Indemnity Insurance Company of North America (“Indemnity”), as subrogee of the Unionville-Chadds Ford School District (“School District”), brought…
Continue Reading

Additional Costs to Videotape Deposition Appropriately Taxed Where Objecting Party Ordered Recording and Prevailing Party, as a Result, Paid Some of the Cost

Pacificorp v. Nw. Pipeline GP, 2012 U.S. Dist. LEXIS 174593 (D. Or. Dec. 10, 2012): 2. Videography for Deposition PacifiCorp next objects to costs for videography at the depositions of John Roscher and Ed Towes, which it argues was unnecessary. However, these depositions were taken by PacifiCorp and used primarily in PacifiC ...
Pacificorp v. Nw. Pipeline GP, 2012 U.S. Dist. LEXIS 174593 (D. Or. Dec. 10, 2012): 2. Videography for Deposition PacifiCorp next objects to costs for videography at the depositions of John Roscher and Ed Towes, which it argues was unnecessary.…
Continue Reading

Expert Opinion on Damages — Good Quotes — Forum State Rule Awarding Attorneys’ Fees to Prevailing Party Applies in Federal Court — Does Such a Forum State Rule Trump Contrary State Law Governing Decision? It Depends

Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc., 2013 U.S. App. LEXIS 4566 (9th Cir. Mar. 9, 2013): Several state law questions arise in this appeal, and [two] federal law questions, whether expert testimony should have been excluded under Daubert *** and whether Alaska "English Rule" attorneys fee awards [Alaska Civil Procedure Rul ...
Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc., 2013 U.S. App. LEXIS 4566 (9th Cir. Mar. 9, 2013): Several state law questions arise in this appeal, and [two] federal law questions, whether expert testimony should have been excluded under Daubert…
Continue Reading

Sanctions: Dismissal to Bar Refiling in State Court of Frivolous Claim Filed in Federal Court Lacking Jurisdiction — Absent Jurisdiction over Complaint, Counterclaim Must State Federal Jurisdiction — Sovereign Citizens’ Movement & Admiralty

El v. AmeriCredit Financial Servs., 2013 U.S. App. LEXIS 5579 (7th Cir. Mar. 20, 2013): The plaintiff bought a used pickup truck in 2011 for $28,000 and financed the purchase by means of a six-year installment contract that specified an interest rate of 23.9 percent. The dealer who sold him the truck assigned the contract to AmeriCredit ...
El v. AmeriCredit Financial Servs., 2013 U.S. App. LEXIS 5579 (7th Cir. Mar. 20, 2013): The plaintiff bought a used pickup truck in 2011 for $28,000 and financed the purchase by means of a six-year installment contract that specified an…
Continue Reading

Party Cannot Seek Expert Fees for Deposition Time of Expert Who Testifies for Free — Eight Factor Test to Determine Whether Expert Fee Request Is Reasonable — Inherent Power Sanctions for Invoice for Free Expert

Eastcott v. Hasselblad A/S, 892 F. Supp. 2d 587 (S.D.N.Y. 2012) (Rakoff, J.): Contrary to the apparent view of plaintiff and his counsel, a legal forum is not the place to play a shell game. The opportunity for such shenanigans arose when, during the course of this patent infringement lawsuit, plaintiff John Eastcot ...
Eastcott v. Hasselblad A/S, 892 F. Supp. 2d 587 (S.D.N.Y. 2012) (Rakoff, J.): Contrary to the apparent view of plaintiff and his counsel, a legal forum is not the place to play a shell game. The opportunity for such shenanigans…
Continue Reading

SLUSA Displaces Class Actions Alleging Breach of Variable Universal Life Insurance Contracts Where Fraud Is Alleged But Not Does Not Displace Pure Breach of Contract Claims

Freeman Investments, LP v. Pacific Life Ins. Co., 704 F.3d 1110 (9th Cir. 2012): The Securities Litigation Uniform Standards Act of 1998 (SLUSA) precludes state law class actions that allege misrepresentation or fraudulent omission in connection with the purchase or sale of covered securities. In this case we answer the question on ...
Freeman Investments, LP v. Pacific Life Ins. Co., 704 F.3d 1110 (9th Cir. 2012): The Securities Litigation Uniform Standards Act of 1998 (SLUSA) precludes state law class actions that allege misrepresentation or fraudulent omission in connection with the purchase or…
Continue Reading

Spoliation — “The Sanction Should Have Some Correlation to the Degree of Fault” — Dismissal Excessive Absent Grave Prejudice (Adverse Inference OK) — Business Records Exception Inapt If Record Made in Anticipation of Litigation

Byrd v. Alpha Alliance Ins. Corp., 2013 U.S. App. LEXIS 6398 (6th Cir. Mar. 26, 2013): Plaintiff Sam Byrd appeals the district court's grant of summary judgment in favor of Defendant Alpha Alliance Insurance Corporation ("Alpha Alliance") and dismissal of Byrd's fire-loss claim based on spoliation of evidence. While finding support for ...
Byrd v. Alpha Alliance Ins. Corp., 2013 U.S. App. LEXIS 6398 (6th Cir. Mar. 26, 2013): Plaintiff Sam Byrd appeals the district court’s grant of summary judgment in favor of Defendant Alpha Alliance Insurance Corporation (“Alpha Alliance”) and dismissal of…
Continue Reading

Authentication of Facebook Messages through Circumstantial Evidence

United States v. Grant, 2011 CCA LEXIS 217 (Ct. Crim. Mil. App. Oct. 17, 2011): A special court-martial composed of officer members convicted the appellant in accordance with his pleas of one specification of dereliction of duty by providing alcohol to an underage female and two specifications of a violation of a lawful general order, b ...
United States v. Grant, 2011 CCA LEXIS 217 (Ct. Crim. Mil. App. Oct. 17, 2011): A special court-martial composed of officer members convicted the appellant in accordance with his pleas of one specification of dereliction of duty by providing alcohol…
Continue Reading

District Courts Are Bound by the Law of Their Circuits “No Matter How Egregiously in Error They May Feel Their Own Circuit to Be” (Good Quote)

Jackson v. Evans, 2013 U.S. Dist. LEXIS 28893 (C.D. Cal. Mar. 1, 2013): Footnote 1. See Bell v. Hill, 190 F.3d 1089, 1093 (9th Cir. 1999) (district courts must follow controlling circuit court precedent); Hasbrouck v. Texaco, Inc., 663 F.2d 950 (9th Cir. 1961) (district courts are bound by the law of their own circuit. "They are no ...
Jackson v. Evans, 2013 U.S. Dist. LEXIS 28893 (C.D. Cal. Mar. 1, 2013): Footnote 1. See Bell v. Hill, 190 F.3d 1089, 1093 (9th Cir. 1999) (district courts must follow controlling circuit court precedent); Hasbrouck v. Texaco, Inc., 663 F.2d…
Continue Reading
Previous280281282283284285286Next

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