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

District Court May Enter Preliminary Injunction before Deciding Motion to Compel Arbitration

From Janvey v. Alguire, 647 F.3d 585 (5th Cir. 2011): The Securities Exchange Commission ("SEC") brought suit against Stanford Group Company ("SGC"), along with various other Stanford corporate entities, including Stanford International Bank ("SIB"), for allegedly perpetrating a massive Ponzi scheme. The district court appointed Robert ...
From Janvey v. Alguire, 647 F.3d 585 (5th Cir. 2011): The Securities Exchange Commission (“SEC”) brought suit against Stanford Group Company (“SGC”), along with various other Stanford corporate entities, including Stanford International Bank (“SIB”), for allegedly perpetrating a massive Ponzi…
Continue Reading

There Is No Federal Privilege Against Being Called as Unretained Expert for a Party — Rule 45 Factors — Party Cannot Disqualify Adversary’s Counsel by Subpoenaing Him as Expert

From Aragon v. San Jose Ditch Ass’n, 2011 U.S. Dist. LEXIS 127243 (D. N.M. Oct. 3, 2011): Although unretained experts have no privilege to refuse to be a witness for a party, Footnote 4 Rule 706(a) of the Federal Rules of Evidence states: "An expert witness shall not be appointed by the court unles ...
From Aragon v. San Jose Ditch Ass’n, 2011 U.S. Dist. LEXIS 127243 (D. N.M. Oct. 3, 2011): Although unretained experts have no privilege to refuse to be a witness for a party, Footnote 4 Rule 706(a) of the Federal Rules…
Continue Reading

“Derivative Jurisdiction” Is Procedural — Its Absence Is a Removal Defect — If Court Would Have Had Subject Matter Jurisdiction over Hypothetical Federal Complaint at Time of Filing, Federal Jurisdiction Exists

Rodas v. Seidlin, 656 F.3d 610 (7th Cir. 2011): A. (Derivative) Jurisdiction Before reaching the merits of this appeal, we must address a jurisdictional issue the United States has raised. When a case is removed from state to federal court, the jurisdiction of the latter is said "in a limited sense" to derive from the former. Edw ...
Rodas v. Seidlin, 656 F.3d 610 (7th Cir. 2011): A. (Derivative) Jurisdiction Before reaching the merits of this appeal, we must address a jurisdictional issue the United States has raised. When a case is removed from state to federal court,…
Continue Reading

Evidence from Jurors after Hung Verdict Not Barred by 606(b) — Sanctions: Concession Establishes Violation of Order but Not Bad Faith — Compensatory Sanctions Require Causation — Good Quotes

Miller v. City of Los Angeles, 2011 U.S. App. LEXIS 21739 (9th Cir. Oct. 27, 2011): This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legal matter. There are unlikely to be many more like it, so this opinion's precedential value is probably limited. We nevertheless publis ...
Miller v. City of Los Angeles, 2011 U.S. App. LEXIS 21739 (9th Cir. Oct. 27, 2011): This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legal matter.…
Continue Reading

In Determining Amount in Controversy, Both Punitive Damages and Attorneys’ Fees Are Considered

From West County Motor Co. v. Talley, 2011 U.S. Dist. LEXIS 109485 (E.D. Mo. Sept. 27, 2011): The FAA itself is not jurisdictional. Hall Street Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576, 581-82 (2008). Thus, West County's action is dependent on some other independent jurisdictional basis. Id. As West County premises federal jurisdic ...
From West County Motor Co. v. Talley, 2011 U.S. Dist. LEXIS 109485 (E.D. Mo. Sept. 27, 2011): The FAA itself is not jurisdictional. Hall Street Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576, 581-82 (2008). Thus, West County’s action is…
Continue Reading

Sanctions — When Summary Criminal Contempt May Be Used in Civil Actions — Upheld for Yelling Foul Insult at Judge during Telephonic Conference — Sufficiency of Notice Where Civil vs. Criminal Contempt Not Specified

From Ocean-Oil Expert Witness, Inc. v. O’Dwyer, 2011 U.S. App. LEXIS 20467 (5th Cir. Oct. 6, 2011): Ashton O'Dwyer, pro se, appeals a default judgment granted to Ocean-Oil Expert Witness, Inc. ("Ocean-Oil"), after his answer was stricken as a contempt sanction. Because the use of inherent power was appropriate in light of O'Dwyer's b ...
From Ocean-Oil Expert Witness, Inc. v. O’Dwyer, 2011 U.S. App. LEXIS 20467 (5th Cir. Oct. 6, 2011): Ashton O’Dwyer, pro se, appeals a default judgment granted to Ocean-Oil Expert Witness, Inc. (“Ocean-Oil”), after his answer was stricken as a contempt…
Continue Reading

Article III Standing As a Prerequisite to Intervention under Rule 24 — Circuit Split

From Am. Farm Bureau Fed’n v. U.S. Environmental Protection Agency, 2011 U.S. Dist. LEXIS 118233 (M.D. Pa. Oct. 13, 2011): Presently before the court are three motions for leave to intervene. The proposed intervenors seek leave to intervene in this action as party defendants as a matter of right under Federal Rule of Civil Procedure 2 ...
From Am. Farm Bureau Fed’n v. U.S. Environmental Protection Agency, 2011 U.S. Dist. LEXIS 118233 (M.D. Pa. Oct. 13, 2011): Presently before the court are three motions for leave to intervene. The proposed intervenors seek leave to intervene in this…
Continue Reading

Split as to Whether Magistrate Judge May Order § 1782 Discovery — Deposition and Documents May Be Compelled from Expert for Party to BIT Arbitration under § 1782

From In re Application of Rep. of Ecuador, 2010 U.S. Dist. LEXIS 143796 (N.D. Fla. Aug. 24, 2010): This is an application for an order pursuant to 28 U.S.C. § 1782(a) to issue a subpoena to Robert E. Hinchee, Ph.D., for a deposition and production of documents for use in a foreign proceeding, that is, Chevron Corporation and Texaco Pet ...
From In re Application of Rep. of Ecuador, 2010 U.S. Dist. LEXIS 143796 (N.D. Fla. Aug. 24, 2010): This is an application for an order pursuant to 28 U.S.C. § 1782(a) to issue a subpoena to Robert E. Hinchee, Ph.D.,…
Continue Reading

Offer to Settle Class Action for Value of Lead Plaintiff’s Claim after Class Certification Motion Filed Does Not Moot Action or Subsequent Action against Affiliate of First Defendant That Should Have Been Named in First Action

From Brodsky v. HumanaDental Ins. Co., 2011 U.S. Dist. LEXIS 117652 (N.D. Ill. Oct. 12, 2011 From July 2008 until December 2009, plaintiff Lawrence Brodsky ("Brodsky") pursued a class action lawsuit ("2008 Lawsuit") against Humana, Inc. ("Humana"), the parent company of HumanaDental Insurance Company ("Humana Dental"), alleging violatio ...
From Brodsky v. HumanaDental Ins. Co., 2011 U.S. Dist. LEXIS 117652 (N.D. Ill. Oct. 12, 2011 From July 2008 until December 2009, plaintiff Lawrence Brodsky (“Brodsky”) pursued a class action lawsuit (“2008 Lawsuit”) against Humana, Inc. (“Humana”), the parent company…
Continue Reading

Removal — Third Circuit Adopts Later-Served Defendant Rule — Circuit Split

From Delalla v. Hanover Ins., 2011 U.S. App. LEXIS 20651 (3d Cir. 2011): In order to remove a lawsuit filed in state court to a federal district court under the federal removal statute, 28 U.S.C. §§ 1441, 1446, a defendant must file a notice of removal within thirty days of the date on which the plaintiff serves "the defendant." Cour ...
From Delalla v. Hanover Ins., 2011 U.S. App. LEXIS 20651 (3d Cir. 2011): In order to remove a lawsuit filed in state court to a federal district court under the federal removal statute, 28 U.S.C. §§ 1441, 1446, a defendant…
Continue Reading
Previous328329330331332333334Next

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