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

Circuit Split as to Whether 404(b) Ruling Is Reviewed De Novo or under Abuse-of-Discretion Standard (Criminal Case)

Davis v. Swarthout, 2012 U.S. Dist. LEXIS 15630 (E.D. Cal. Feb. 7, 2012): Federal Rule of Evidence 404, as does its counterpart, California Evidence Code § 1101, generally prohibits the introduction of evidence of extrinsic acts that might adversely reflect on the actor's character, unless that evidence bears upon a relevant issue in t ...
Davis v. Swarthout, 2012 U.S. Dist. LEXIS 15630 (E.D. Cal. Feb. 7, 2012): Federal Rule of Evidence 404, as does its counterpart, California Evidence Code § 1101, generally prohibits the introduction of evidence of extrinsic acts that might adversely reflect…
Continue Reading

Incorporation of Arbitration Clause By Reference in Agreement with Non-Signatory — Circuit Split as to Degree of Specificity Required

Pineda v. Coverall No. Am., Inc., 2012 U.S. Dist. LEXIS 16742 (D. Mass. Feb. 10, 2012): Contract law recognizes that incorporation by reference is generally effective to accomplish its intended purpose, and that arbitration agreements may be incorporated by reference. A non-signatory may compel arbitration against a party to an arbi ...
Pineda v. Coverall No. Am., Inc., 2012 U.S. Dist. LEXIS 16742 (D. Mass. Feb. 10, 2012): Contract law recognizes that incorporation by reference is generally effective to accomplish its intended purpose, and that arbitration agreements may be incorporated by reference.…
Continue Reading

RICO — Fact that Criminal Prosecution Interrupted Racketeering Activity Irrelevant in Assessing Open-Ended Continuity

Heinrich v. Waiting Angels Adoption Servs., Inc., 2012 U.S. App. LEXIS 2390 (6th Cir. Feb. 7, 2012): The plaintiffs are seven couples who enlisted the assistance of the Waiting Angels Adoption Services, Inc. ("Waiting Angels") in an attempt to adopt children from Guatemala. Believing that they were defrauded in the course of their adopt ...
Heinrich v. Waiting Angels Adoption Servs., Inc., 2012 U.S. App. LEXIS 2390 (6th Cir. Feb. 7, 2012): The plaintiffs are seven couples who enlisted the assistance of the Waiting Angels Adoption Services, Inc. (“Waiting Angels”) in an attempt to adopt…
Continue Reading

Plain Language Trumps Interpretative Conventions — “Confronted with … Paeans to the Precepts of Statutory Construction … We Are Reminded That Even ‘[T]he Devil Can Cite Scripture for His Purpose’” — RICO/ Hobbs Act — (Good Quote)

Ambulance Ass’n of Pa. v. Highmark, Inc., 2012 U.S. App. LEXIS 1648 (3d Cir. Jan 23, 2012): The parties place a single, dispositive issue before us: whether Act 68 requires direct payment to non-participating providers. The Association brings to bear several canons of statutory construction to support its view that Act 68 does, in fac ...
Ambulance Ass’n of Pa. v. Highmark, Inc., 2012 U.S. App. LEXIS 1648 (3d Cir. Jan 23, 2012): The parties place a single, dispositive issue before us: whether Act 68 requires direct payment to non-participating providers. The Association brings to bear…
Continue Reading

Arbitration — “Manifest Disregard” Survives in Fourth Circuit

Wachovia Securities, LLC v. Brand, 2012 U.S. App. LEXIS 3047 (4th Cir. Feb. 16, 2012): We find that the Supreme Court's more recent decision in Stolt-Nielsen sheds further light on the operation of "manifest disregard" post-Hall Street. Footnote 7 Our sister circuits have split into three camps about the mea ...
Wachovia Securities, LLC v. Brand, 2012 U.S. App. LEXIS 3047 (4th Cir. Feb. 16, 2012): We find that the Supreme Court’s more recent decision in Stolt-Nielsen sheds further light on the operation of “manifest disregard” post-Hall Street. Footnote 7 Our…
Continue Reading

Arbitration: Circuit Split on Manifest Disregard — Adhesion Contract Shortening Statute of Limitations Is Void on Public Policy Grounds If It Leaves Plaintiff Too Little Time to Investigate Her Claim

Tucker v. Sterling Jewelers, Inc., 2012 U.S. Dist. LEXIS 16666 (E.D. Mich. Feb. 10, 2012): In this case, Plaintiff's principal argument is that the arbitrator acted in contravention of the court's holding in Thurman v. DaimlerChrysler, Inc., 397 F.3d 352 (6th Cir. 2004). Specifically, the arbitrator did not recognize that "an agreem ...
Tucker v. Sterling Jewelers, Inc., 2012 U.S. Dist. LEXIS 16666 (E.D. Mich. Feb. 10, 2012): In this case, Plaintiff’s principal argument is that the arbitrator acted in contravention of the court’s holding in Thurman v. DaimlerChrysler, Inc., 397 F.3d 352…
Continue Reading

RICO — Minority Member of LLC May Bring Direct (Not Derivative) Action for Injury Resulting from Harm to Entity — Relevance of State Law — Analogy to Close Corporations Noted

Cameron v. Rohn, 2012 U.S. Dist. LEXIS 18986 (D.V.I. Feb. 14, 2012): This dispute arises out of the relationship between Rohn and Cameron and the breakup of their former law partnership, The Law Offices of Rohn and Cameron, LLC ("the Law Office"). *** Although Cameron and Rohn never signed a written partnership agreement or a written LLC ...
Cameron v. Rohn, 2012 U.S. Dist. LEXIS 18986 (D.V.I. Feb. 14, 2012): This dispute arises out of the relationship between Rohn and Cameron and the breakup of their former law partnership, The Law Offices of Rohn and Cameron, LLC (“the…
Continue Reading

Improper Golden Rule Arguments — Circuit Split as to Whether Golden Rule Arguments Are Always Improper or Only If Directed to Damages

Caudle v. District of Columbia, 804 F. Supp. 2d 32 (D.D.C. 2011): In June and July of 2010, a three-week jury trial was held in this case. The jury returned a verdict for plaintiffs Frazier Caudle, Nikeith Goins, William James, Sholanda Miller, and Donald Smalls, concluding that the District of Columbia Metropolitan Police Department (" ...
Caudle v. District of Columbia, 804 F. Supp. 2d 32 (D.D.C. 2011): In June and July of 2010, a three-week jury trial was held in this case. The jury returned a verdict for plaintiffs Frazier Caudle, Nikeith Goins, William James,…
Continue Reading

Employee-Union Representative Privilege Recognized (Federal Court) — Issue of First Impression

Bell v. Village of Streamwood, 806 F. Supp. 2d 1052 (N.D. Ill. 2011): Before the Court is Plaintiffs' motion to compel Ryan Ruthenberg's deposition testimony. The motion raises a question of first impression regarding whether an employee-union representative privilege should be adopted as a matter of federal common law in connectio ...
Bell v. Village of Streamwood, 806 F. Supp. 2d 1052 (N.D. Ill. 2011): Before the Court is Plaintiffs’ motion to compel Ryan Ruthenberg’s deposition testimony. The motion raises a question of first impression regarding whether an employee-union representative privilege should…
Continue Reading

SEC May Proceed Summarily in Federal Court to Compel SIPC to Act to Protect Investors — Full Gamut of Federal Rules Inapplicable — SEC Determination Is Subject to Judicial Review

Securities and Exchange Commission v. Securities Investor Protection Corp., 2012 U.S. Dist. LEXIS 16357 (D.D.C. Feb. 9, 2012): This case was commenced by an Application of the Securities and Exchange Commission ("SEC"). (Dkt. No. 1). The SEC seeks an order from this Court mandating that the Securities Investor Protection Corporation ("S ...
Securities and Exchange Commission v. Securities Investor Protection Corp., 2012 U.S. Dist. LEXIS 16357 (D.D.C. Feb. 9, 2012): This case was commenced by an Application of the Securities and Exchange Commission (“SEC”). (Dkt. No. 1). The SEC seeks an order…
Continue Reading
Previous319320321322323324325Next

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