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

Fact that Wrongful Death Claim Has Been Assigned Is Inadmissible in Utah — Split of Authority on Whether Remarriage of Surviving Spouse Is Admissible

From Petersen v. Daimler Chrysler Corp., 2011 U.S. Dist. LEXIS 66862 (D. Utah June 22, 2011): Under Utah law, an heir is entitled to assign any interest he or she might have in the recovery from a wrongful death action. In re Behm's Estate, 213 P.2d 657, 662 (Utah 1950). In allowing such an assignment, the Utah Supreme Court drew a dist ...
From Petersen v. Daimler Chrysler Corp., 2011 U.S. Dist. LEXIS 66862 (D. Utah June 22, 2011): Under Utah law, an heir is entitled to assign any interest he or she might have in the recovery from a wrongful death action.…
Continue Reading

When an Undecided Attorneys’ Fees Issue Means that Order Deciding Merits Is Not Final for Purposes of Appeal — Finality Implications of Sanctions-Based vs. Contract-Based Fees Award

From DeLauro v. Porto (In re Porto), 2011 U.S. App. LEXIS 13941 (11th Cir. July 8, 2011): Under Federal Rule of Appellate Procedure 4(a)(1), DeLauro had 30 days to file a notice of appeal from the final order resolving the matter. See Fed. R. App. P. 4(a)(1); see also 28 U.S.C. §§ 158(d)(1) and 1291 (giving the courts of appeals juris ...
From DeLauro v. Porto (In re Porto), 2011 U.S. App. LEXIS 13941 (11th Cir. July 8, 2011): Under Federal Rule of Appellate Procedure 4(a)(1), DeLauro had 30 days to file a notice of appeal from the final order resolving the…
Continue Reading

Diversity Jurisdiction — Federal Credit Unions Normally Not a Citizen of Any State — Localized Operations Exception

From Mungo v. Minn. Life Ins. Co., 2011 U.S. Dist. LEXIS 67654 (D. S.C. June 22, 2011): As Mungo points out in her brief, Founders recently asserted to this court in a removal notice in an unrelated case that it is a citizen of South Carolina "for purposes of any diversity analysis." *** The citizenship of Founders was not relevant in th ...
From Mungo v. Minn. Life Ins. Co., 2011 U.S. Dist. LEXIS 67654 (D. S.C. June 22, 2011): As Mungo points out in her brief, Founders recently asserted to this court in a removal notice in an unrelated case that it…
Continue Reading

Attachment of Foreign State’s Property under the FSIA — Assets of Central Bank Held at Federal Reserve Bank of New York for Central Bank’s “Own Account” Are Immune from Attachment — Standing of Non-Party to Appeal

From NML Capital, Ltd. v. Banco Central de law Republica Argentina, 2011 U.S. App. LEXIS 13655 (2d Cir. July 5, 2011): The question presented is whether certain assets held in the United States in an account of interested non-party-appellant Banco Central de la República Argentina ("BCRA") at the Federal Reserve Bank of New York ("FRBN ...
From NML Capital, Ltd. v. Banco Central de law Republica Argentina, 2011 U.S. App. LEXIS 13655 (2d Cir. July 5, 2011): The question presented is whether certain assets held in the United States in an account of interested non-party-appellant Banco…
Continue Reading

Six Types of Changed Factual or Legal Circumstances Warranting Relief from a Consent Decree under Rule 60(b)(5)

From In re Consolidated “Non-Filing Ins.” Fee Litig., 2011 U.S. App. LEXIS 13046 (11th Cir. June 22, 2011): [T]he district court applied the test in Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992), and denied the motion to modify the consent decree because Security Finance had not met its burden. Rufo's two prong te ...
From In re Consolidated “Non-Filing Ins.” Fee Litig., 2011 U.S. App. LEXIS 13046 (11th Cir. June 22, 2011): [T]he district court applied the test in Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992), and denied the motion…
Continue Reading

RICO Statute of Limitations Accrues When Plaintiff Had Sufficient Information to Warrant an Investigation (Merck Unmentioned but Irrelevant)

From Daly v. Pearl Spirits, Inc., 2011 U.S. App. LEXIS 12587 (9th Cir. April 13, 2011): "The statute of limitations for civil RICO actions is four years." *** "The limitations period for civil RICO actions begins to run when a plaintiff knows or should know of the injury which is the basis for the action." Living Designs, Inc. v. E.I. D ...
From Daly v. Pearl Spirits, Inc., 2011 U.S. App. LEXIS 12587 (9th Cir. April 13, 2011): “The statute of limitations for civil RICO actions is four years.” *** “The limitations period for civil RICO actions begins to run when a…
Continue Reading

Federal Government Document Posted on County’s Website ≠ Admission under California Law — Is Inadmissible Hearsay

From Aikens v. County of Ventura, 2011 Cal. App. Unpub. LEXIS 4986 (Cal. App. June 30, 2011): Homeowners brought an action against local governmental entities for inverse condemnation, continuing public nuisance, and continuing dangerous condition of public property. The governmental entities are the County of Ventura (the County) and t ...
From Aikens v. County of Ventura, 2011 Cal. App. Unpub. LEXIS 4986 (Cal. App. June 30, 2011): Homeowners brought an action against local governmental entities for inverse condemnation, continuing public nuisance, and continuing dangerous condition of public property. The governmental…
Continue Reading

Recipient of Inadvertently-Produced, Privileged Document May Inquire into Non-Privileged Facts Learned Only from an Ethically Innocent Review of that Document

From Doca Co. v. Westinghouse Elec. Co., LLC, 2011 U.S. Dist. LEXIS 59352 (W.D. Pa. June 2, 2011): Plaintiff DOCA Company ... [i]s successor to Caldon Company (hereinafter referred to as "Caldon")*** A Caldon employee created a timeline designed to help counsel understand the background facts of the current lawsuit. This timeline ...
From Doca Co. v. Westinghouse Elec. Co., LLC, 2011 U.S. Dist. LEXIS 59352 (W.D. Pa. June 2, 2011): Plaintiff DOCA Company … [i]s successor to Caldon Company (hereinafter referred to as “Caldon”)*** A Caldon employee created a timeline designed to…
Continue Reading

Is an Abuse-of-Process or Malicious Prosecution Counterclaim Compulsory or Permissive in the Action That Is Allegedly Abusive? Case Law Split

From Walker v. THI of New Mexico at Hobbs Ctr., 2011 U.S. Dist. LEXIS 65287 (D. N.M. May 20, 2011): The authorities have split on the question whether an abuse-of-process counterclaim is a compulsory counterclaim in the action which is allegedly abusive. See Pochiro v. Prudential Ins. Co. of Am., 827 F.2d 1246, 1252 (9th Cir. 1987).
From Walker v. THI of New Mexico at Hobbs Ctr., 2011 U.S. Dist. LEXIS 65287 (D. N.M. May 20, 2011): The authorities have split on the question whether an abuse-of-process counterclaim is a compulsory counterclaim in the action which is…
Continue Reading
Previous343344345346347348349Next

Recent Posts

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

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