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

Texas Law of Tortious Interference with Contract — What Is Good Faith? — Limits on Inherent Power Sanctions — Not Remedy for Underlying Misconduct or Conduct before Other Tribunals — Award Must Be ≤ Harm Caused

Symetra Life Ins. Co. v. Nat’l Ass’n of Settlement Purchasers, 2011 U.S. Dist. LEXIS 116966 (S.D. Tex. Oct. 11, 2011): This dispute involves two participants in the structured-settlement payment industry and a trade association representing companies that purchase structured settlements. Symetra Life Insurance Co. and Symetra Assigne ...
Symetra Life Ins. Co. v. Nat’l Ass’n of Settlement Purchasers, 2011 U.S. Dist. LEXIS 116966 (S.D. Tex. Oct. 11, 2011): This dispute involves two participants in the structured-settlement payment industry and a trade association representing companies that purchase structured settlements.…
Continue Reading

Liberal Construction of Pro Se Complaint vs. Mandatory Specificity — Violation of Rule 8(a) by Prolixity

From Bender v. City of N.Y., 2011 U.S. Dist. LEXIS 103947 (S.D.N.Y. Sept. 14, 201): The present case has a long and complicated procedural history spanning numerous docket numbers and complaints. Plaintiff's many lawsuits against various individual and official defendants stem from her years-long feud with the 11th St. Bar, an allegedly ...
From Bender v. City of N.Y., 2011 U.S. Dist. LEXIS 103947 (S.D.N.Y. Sept. 14, 201): The present case has a long and complicated procedural history spanning numerous docket numbers and complaints. Plaintiff’s many lawsuits against various individual and official defendants…
Continue Reading

Counsel Not Disqualified for Representing Former Executives of Corporate Client at Deposition — Anti-Solicitation Rule — Waiver by Not Objecting Despite Advance Knowledge of Representation

From Zarrella v. Pacific Life Ins. Co., 2011 U.S. Dist. LEXIS 108229 (S.D. Fla. Sept. 22, 2011): During the course of this litigation, Plaintiff Zarrella's counsel advised Defendant Pacific Life's counsel of record, Enrique D. Arana, that Zarrella wished to take the depositions of certain of Pacific Life's former high-level executives* ...
From Zarrella v. Pacific Life Ins. Co., 2011 U.S. Dist. LEXIS 108229 (S.D. Fla. Sept. 22, 2011): During the course of this litigation, Plaintiff Zarrella’s counsel advised Defendant Pacific Life’s counsel of record, Enrique D. Arana, that Zarrella wished to…
Continue Reading

Judicial Recusal Requires Bias from Extrajudicial Source — Rulings in Prior Cases Almost Never Sufficient — Judge Subject to Recusal If Objective Observer Would Doubt Impartiality

From Ocean-Oil Expert Witness, Inc. v. O’Dwyer, 2011 U.S. App. LEXIS 20467 (5th Cir. Oct. 6, 2011) (affirming contempt sanction issued under inherent power): O'Dwyer argues that Judge Lemelle should have recused himself from sitting in this case because of his personal bias against O'Dwyer. We review a denial of a motion to recuse un ...
From Ocean-Oil Expert Witness, Inc. v. O’Dwyer, 2011 U.S. App. LEXIS 20467 (5th Cir. Oct. 6, 2011) (affirming contempt sanction issued under inherent power): O’Dwyer argues that Judge Lemelle should have recused himself from sitting in this case because of…
Continue Reading

No Right to Attorneys’ Fees on Appeal for Defending Sanctions Award, Absent Sanctionable Conduct on Appeal — Appellate Fees Not “Caused” by Sanctionable Conduct Below — Sources of Bankruptcy Court Sanctions Power

From Franken v. Mukamal (In re Creative Desperation Inc.), 2011 U.S. App. LEXIS 20306 (11th Cir. Oct. 5, 2011): Section 105 of Tile 11 of the United States Code imbues bankruptcy courts with the same inherent powers as federal district courts to sanction abusive conduct. In re Porto, 645 F.3d 1294, 1304 n.6 (11th Cir. 2011). T ...
From Franken v. Mukamal (In re Creative Desperation Inc.), 2011 U.S. App. LEXIS 20306 (11th Cir. Oct. 5, 2011): Section 105 of Tile 11 of the United States Code imbues bankruptcy courts with the same inherent powers as federal district…
Continue Reading

Payments Received by Qui Tam Relator Are Includable in Gross Income

From Campbell v. Commissioner of Internal Revenue, 2011 U.S. App. LEXIS 19745 (11th Cir. Sept. 28, 2011): Section 61(a) of the Internal Revenue Code defines gross income as "all income from whatever source derived." I.R.C. § 61(a). There is no exclusion enumerated in the Code for qui tam awards. See Treas. Reg. § 1.61-1(a). "The taxp ...
From Campbell v. Commissioner of Internal Revenue, 2011 U.S. App. LEXIS 19745 (11th Cir. Sept. 28, 2011): Section 61(a) of the Internal Revenue Code defines gross income as “all income from whatever source derived.” I.R.C. § 61(a). There is no…
Continue Reading

Unintelligibility Is a Legitimate Ground to Reject a Proposed Amended Complaint (and, Presumably, the Original) — Rule 8(a) — Good Quotes

From Standard v. Nygren, 2011 U.S. App. LEXIS 19213 (7th Cir. Sept. 19, 2011): Michael Stanard built an outdoor stage on his property in rural McHenry County, Illinois, and began hosting events there. He claims that Keith Nygren, the Sheriff of McHenry County, forced him to hire off-duty deputies as a private security force for these e ...
From Standard v. Nygren, 2011 U.S. App. LEXIS 19213 (7th Cir. Sept. 19, 2011): Michael Stanard built an outdoor stage on his property in rural McHenry County, Illinois, and began hosting events there. He claims that Keith Nygren, the Sheriff…
Continue Reading

Settlement Negotiations and Accompanying Correspondence Insufficient to Create Contacts Warranting Exercise of Personal Jurisdiction (Specific Jurisdiction)

From Ramparts, Inc. v. Weldon, 2011 U.S. Dist. LEXIS 111123 (D. Nev. Sept. 28, 2011): Although it is an issue of first impression in Nevada, other jurisdictions have held that settlement negotiations and accompanying correspondence do not suffice to create sufficient contact for the exercise of personal jurisdiction. In re Ship ...
From Ramparts, Inc. v. Weldon, 2011 U.S. Dist. LEXIS 111123 (D. Nev. Sept. 28, 2011): Although it is an issue of first impression in Nevada, other jurisdictions have held that settlement negotiations and accompanying correspondence do not suffice to create…
Continue Reading

All Parties Named in Complaint Must Sign Stipulation of Dismissal to Terminate Action, Even Parties No Longer in the Case

From Wilson v. Taser Int’l, Inc., 2011 U.S. Dist. LEXIS 99135 (D. Colo. Sept. 2, 2011): This matter comes before the Court on the stipulation of dismissal with prejudice [Docket No. 377] filed by plaintiffs and defendant Taser International, Inc. ("Taser") on August 2, 2011. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), ...
From Wilson v. Taser Int’l, Inc., 2011 U.S. Dist. LEXIS 99135 (D. Colo. Sept. 2, 2011): This matter comes before the Court on the stipulation of dismissal with prejudice [Docket No. 377] filed by plaintiffs and defendant Taser International, Inc.…
Continue Reading

False Statements Confirming Misinformation Already in Market Are Actionable under 10b-5 — Circuit Split

Findwhat Investor Group v. Findwhat.com, 2011 U.S. App. LEXIS 19887 (11th Cir. Sept. 30, 2011): In opposing summary judgment, the Plaintiffs relied on the expert report of Dr. Hakala as evidentiary support for both loss causation and damages. The Defendants expressly assumed the admissibility of Dr. Hakala's report for purposes of their ...
Findwhat Investor Group v. Findwhat.com, 2011 U.S. App. LEXIS 19887 (11th Cir. Sept. 30, 2011): In opposing summary judgment, the Plaintiffs relied on the expert report of Dr. Hakala as evidentiary support for both loss causation and damages. The Defendants…
Continue Reading
Previous332333334335336337338Next

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