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

Damages Opinion Based on “Nascent Company’s” Business Plan Excluded Where Expert Didn’t Know Who Prepared Plan or Its Assumptions — That Plan Was Admitted at Trial Does Not Preclude Exclusion of Opinion under Rule 702, Even If Rule 703 Satisfiied

ZF Meritor, LLC v. Eaton Corp., 2012 U.S. App. LEXIS 20342 (3d Cir. Sept. 28, 2012): 2. Expert Testimony on Damages In their cross-appeal, Plaintiffs argue that the District Court erred in excluding DeRamus's testimony on the issue of damages. The core of DeRamus's damages analysis was one page (titled "Five Year Pr ...
ZF Meritor, LLC v. Eaton Corp., 2012 U.S. App. LEXIS 20342 (3d Cir. Sept. 28, 2012): 2. Expert Testimony on Damages In their cross-appeal, Plaintiffs argue that the District Court erred in excluding DeRamus’s testimony on the issue of damages.…
Continue Reading

Spoliation — Adverse Inference Requires Bad Faith But Not Malice in Eleventh Circuit — Negligence, Even Recklessness, Is Insufficient

Silver v. Countrywide Home Loans, Inc., 2012 U.S. App. LEXIS 11620 (11th Cir. June 8, 2012): Silver contends that the district court abused its discretion by not imposing sanctions and by not finding an inference of spoliation against Countrywide for failing to turn over emails relevant to the case and for failing to have a proper liti ...
Silver v. Countrywide Home Loans, Inc., 2012 U.S. App. LEXIS 11620 (11th Cir. June 8, 2012): Silver contends that the district court abused its discretion by not imposing sanctions and by not finding an inference of spoliation against Countrywide for…
Continue Reading

Unsolicited Email Sent After Purchase ≠ Notice of Duty to Arbitrate — Shrinkwrap vs. Browsewrap vs. Clickwrap Contracts — Summary Judgment Standard on Motion to Compel Arbitration; Choice of Law Clause Inapt on That Motion — Good Quotes

Schnabel v. Trileagiant Corp., 2012 U.S. App. LEXIS 18875 (2d Cir. Sept. 7, 2012): The question presented to us on this appeal is whether the plaintiffs are bound to arbitrate their dispute with the defendants as a consequence of an arbitration provision that the defendants assert was part of a contract between the parties. Neither of t ...
Schnabel v. Trileagiant Corp., 2012 U.S. App. LEXIS 18875 (2d Cir. Sept. 7, 2012): The question presented to us on this appeal is whether the plaintiffs are bound to arbitrate their dispute with the defendants as a consequence of an…
Continue Reading

May a Party Raise a New Legal Argument before the District Judge in Objecting to a Report and Recommendation of a Magistrate Judge? — Three-Way Circuit Split — Second Circuit Standard for Considering New Arguments on Motion for Reconsideration

Amadasu v. Ngati, 2012 U.S. Dist. LEXIS 129283 (E.D.N.Y. Sept. 9, 2012): Whether a party may raise a new legal argument, or present an entire previously unasserted cross-motion or opposition, for the first time in objections to an R&R has not yet been decided in this Circuit. See Wells Fargo Bank N.A. v. Sinnot, 2010 WL 297 ...
Amadasu v. Ngati, 2012 U.S. Dist. LEXIS 129283 (E.D.N.Y. Sept. 9, 2012): Whether a party may raise a new legal argument, or present an entire previously unasserted cross-motion or opposition, for the first time in objections to an R&R has…
Continue Reading

On Remand After Appeal, District Court Must Implement “Both the Letter and the Spirit of the Mandate” — Good Quotes

EEOC v. Kronos Inc., 2012 U.S. App. LEXIS 19320 (3d Cir. Sept. 14, 2012): "It is axiomatic that on remand for further proceedings after [a] decision by an appellate court, the trial court must proceed in accordance with the mandate and the law of the case as established on appeal." Bankers Trust Co. v. Bethlehem Steel Corp., 761 F.2d 94 ...
EEOC v. Kronos Inc., 2012 U.S. App. LEXIS 19320 (3d Cir. Sept. 14, 2012): “It is axiomatic that on remand for further proceedings after [a] decision by an appellate court, the trial court must proceed in accordance with the mandate…
Continue Reading

Arbitration — Current State of the Circuit Split Concerning the Viability of Manifest Disregard as Ground for Vacatur

Bangor Gas Company, LLC v. H.Q. Energy Servs., 2012 U.S. App. LEXIS 20218 (1st Cir. Sept. 26, 2012): [T]his court in the past recognized a common law ground for vacating arbitration awards that are in "manifest disregard of the law," McCarthy v. Citigroup Global Mkts. Inc., 463 F.3d 87, 91 (1st Cir. 2006) (quoting Wonderland Greyhound P ...
Bangor Gas Company, LLC v. H.Q. Energy Servs., 2012 U.S. App. LEXIS 20218 (1st Cir. Sept. 26, 2012): [T]his court in the past recognized a common law ground for vacating arbitration awards that are in “manifest disregard of the law,”…
Continue Reading

Statutory Construction: “There Is Currently a Circuit Split over Whether the Existence of a Circuit Split Is Evidence of Statutory Ambiguity”

Cuellar de Osorio v. Napolitano, 2012 U.S. App. LEXIS 20177 (9th Cir. Sept. 26, 2012) (M. Smith, J., dissenting): Footnote 1. I do not state or imply that a circuit split is evidence that a statute is ambiguous, although the Supreme Court has stated that "contrasting positions of the respective parties and their amici" may demonst ...
Cuellar de Osorio v. Napolitano, 2012 U.S. App. LEXIS 20177 (9th Cir. Sept. 26, 2012) (M. Smith, J., dissenting): Footnote 1. I do not state or imply that a circuit split is evidence that a statute is ambiguous, although the…
Continue Reading

Sanctions — No Appellate Jurisdiction to Reverse Erroneous Award Where Notice of Appeal Filed Only after Opinion Granting Sanctions (Nonfinal) But Not after Fees Quantified and Awarded (Final) — FRAP 4(a)(2), 4(a)(4)(B)(i) Do Not Save Appeal

Feldman v. Olin Corp., 2012 U.S. App. LEXIS 18106 (7th Cior. Aug. 27, 2012): We are sympathetic to Feldman's contention that the district court abused its discretion by imposing sanctions. Global Brass admits that it never gave Feldman advance notice as required under Rule 11(c)(1). Notice plays a central part in the Rule 11 process, as ...
Feldman v. Olin Corp., 2012 U.S. App. LEXIS 18106 (7th Cior. Aug. 27, 2012): We are sympathetic to Feldman’s contention that the district court abused its discretion by imposing sanctions. Global Brass admits that it never gave Feldman advance notice…
Continue Reading

Circuit Split as to Whether Daubert Applies at Class Certification — Supreme Court Has Granted Cert in Case Implicating This Issue and May Resolve It This Term

In re Rail Freight Fuel Surcharge Antitrust Litig., 2012 U.S. Dist. LEXIS 134241 (D.D.C. Sept. 20, 2012): Defendants correctly identify a circuit split as to whether a district court must address Daubert challenges at the class certification stage. Compare Am. Honda Co. v. Allen, 600 F.3d 813, 816 (7th Cir. 2010) ("[T]he distri ...
In re Rail Freight Fuel Surcharge Antitrust Litig., 2012 U.S. Dist. LEXIS 134241 (D.D.C. Sept. 20, 2012): Defendants correctly identify a circuit split as to whether a district court must address Daubert challenges at the class certification stage. Compare Am.…
Continue Reading

RICO — No PSLRA Bar to Tax Shelter Suit against Law Firm for Opinion Letters — Securities Only Incidental to the Fraud — 4 Letters over 5 Years (3 of Them within 2 Months) Satisfy Continuity

Ouwinga v. Benistar 419 Plan Services, Inc., 2012 U.S. App. LEXIS 19632 (6th Cir. Sept. 19, 2012): Plaintiff-Appellants Stephen, Leann, David, and Christine Ouwinga and their company, Stoney Creek Fisheries and Equipment, Inc., (the "Ouwingas") appeal the dismissal of their Complaint against various Defendant-Appellees related to a pur ...
Ouwinga v. Benistar 419 Plan Services, Inc., 2012 U.S. App. LEXIS 19632 (6th Cir. Sept. 19, 2012): Plaintiff-Appellants Stephen, Leann, David, and Christine Ouwinga and their company, Stoney Creek Fisheries and Equipment, Inc., (the “Ouwingas”) appeal the dismissal of their…
Continue Reading
Previous297298299300301302303Next

Recent Posts

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

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

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