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

“Arbitrability” vs. Scope of Arbitrators’ Authority — A Word in Use for 500 Years that Appears in Almost No Dictionaries

From Burlington Northern & Santa Fe Railway Co. v. Public Serv. Co. of Okla., 2010 U.S. App. LEXIS 25252 (10th Cir. Dec. 10, 2010): As an initial matter, we must clarify the distinction between arbitrability and the scope of an arbitrator's authority, because different standards of review apply to each. An issue is arbitrable if it ...
From Burlington Northern & Santa Fe Railway Co. v. Public Serv. Co. of Okla., 2010 U.S. App. LEXIS 25252 (10th Cir. Dec. 10, 2010): As an initial matter, we must clarify the distinction between arbitrability and the scope of an…
Continue Reading

Omitting/Misnaming Appellants Not Fatal to Appellate Jurisdiction, Notwithstanding Fed.R.App.P. 3(c), If Real-Parties-in-Interest Are Obvious and Involved

From SEC v. Wealth Mgmt. LLC, 2010 U.S. App. LEXIS 24537 (7th Cir. Dec. 1, 2010): Federal Rule of Appellate Procedure 3 requires a notice of appeal to "specify the party or parties taking the appeal by naming each one in the caption or body of the notice." Fed. R. App. P. 3(c)(1)(A). Rule 3(c)'s specificity requirement exists to give "f ...
From SEC v. Wealth Mgmt. LLC, 2010 U.S. App. LEXIS 24537 (7th Cir. Dec. 1, 2010): Federal Rule of Appellate Procedure 3 requires a notice of appeal to “specify the party or parties taking the appeal by naming each one…
Continue Reading

At-Issue Waiver of Attorney-Client Privilege under Federal and New York Law

From Leviton Mfg. Co. v Greenberg Traurig LLP, 2010 U.S. Dist. LEXIS 128849 (S.D.N.Y. Dec. 6, 2010): Under Second Circuit law, waiver of attorney-client privilege may occur, when a client testifies concerning portions of the attorney-client communication, . . . when a client places the attorney-client relationship ...
From Leviton Mfg. Co. v Greenberg Traurig LLP, 2010 U.S. Dist. LEXIS 128849 (S.D.N.Y. Dec. 6, 2010): Under Second Circuit law, waiver of attorney-client privilege may occur, when a client testifies concerning portions of the attorney-client communication, . . .…
Continue Reading

In a Removed Diversity Case, May a District Court Sever a Non-Diverse Defendant Absent a Finding of Fraudulent Joiner or Misjoinder? Caselaw Split

From Cooke-Bates v. Bayer Corp., 2010 U.S. Dist. LEXIS 121255 (E.D. Va. Nov. 15, 2010) (on motion for certification under § 1292(b)): As a general matter, Rule 21 permits the Court to sever a party from a case in order to achieve complete diversity and establish proper jurisdiction of a civil action. Newman-Green, Inc. v. Alfonzo-Lar ...
From Cooke-Bates v. Bayer Corp., 2010 U.S. Dist. LEXIS 121255 (E.D. Va. Nov. 15, 2010) (on motion for certification under § 1292(b)): As a general matter, Rule 21 permits the Court to sever a party from a case in order…
Continue Reading

Party Collaboration with Expert OK — Expert Opinion Avoiding State of Mind — Contact with Ex-Employees of Party — Conduct Outside Limitations Period May Be Relevant — Admissions of Corporate Employees & Res Gestae

From Arista Records LLC v. Lime Group LLC, 715 F.Supp.2d 481 (S.D.N.Y. 2010): [T]here is no support for the contention that Dr. Waterman's study is flawed because of his collaboration with Plaintiffs. Plaintiffs assisted Dr. Waterman in a variety of ways, including obtaining the sample of files, categorizing the files in the sample, an ...
From Arista Records LLC v. Lime Group LLC, 715 F.Supp.2d 481 (S.D.N.Y. 2010): [T]here is no support for the contention that Dr. Waterman’s study is flawed because of his collaboration with Plaintiffs. Plaintiffs assisted Dr. Waterman in a variety of…
Continue Reading

Realleging Dismissed Claim without Curing Deficiency as Violating Improper-Purpose Clause of Rule 11

From Corrigan v. Dale, 2010 U.S. App. LEXIS 22149 (9th Cir. Oct. 19, 2010): The district court properly granted Hille's and Scudder's motion for Rule 11 sanctions because Corrigan's filing of successive complaints based on previously-rejected propositions of law constituted harassment. See Buster v. Greisen, 104 F.3d 1186, 1189-90 ...
From Corrigan v. Dale, 2010 U.S. App. LEXIS 22149 (9th Cir. Oct. 19, 2010): The district court properly granted Hille’s and Scudder’s motion for Rule 11 sanctions because Corrigan’s filing of successive complaints based on previously-rejected propositions of law constituted…
Continue Reading

Shotgun Complaint Fails to Satisfy Rule 8(a)(2) (Good Quote) — Repeated Failure to Cure Complaint = Dismissal with Prejudice — Limits on Liberal Construction of Pro Se Pleading — Carvel Fortune Melted Away

From Carvel v. Godley, 2010 U.S. App. LEXIS 24763 (11th Cir. Dec. 2, 2010): Pamela Carvel, proceeding pro se, appeals the district court's dismissal of her second amended complaint with prejudice and its order taxing costs. Carvel advances numerous claims against Betty Godley for depriving Carvel and her deceased aunt, Agnes Carv ...
From Carvel v. Godley, 2010 U.S. App. LEXIS 24763 (11th Cir. Dec. 2, 2010): Pamela Carvel, proceeding pro se, appeals the district court’s dismissal of her second amended complaint with prejudice and its order taxing costs. Carvel advances numerous claims…
Continue Reading

Alien Tort Claims Act Applies Only to Conduct Committed Abroad or with an “International Savor” — Trafficking Victims Protection Reauthorization Act Preempts ATCA Claim Based on Human

Trafficking in the U.S. From Velez v. Sanchez, 2010 U.S. Dist. LEXIS 126586 (E.D.N.Y. Nov. 30, 2010): Linda Velez ("Velez") claims that she was trafficked from Ecuador and forced to work in the home of Betsy Sanchez ("Betsy"). That single assertion spawned *** claims under the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350, [and other s ...
Trafficking in the U.S. From Velez v. Sanchez, 2010 U.S. Dist. LEXIS 126586 (E.D.N.Y. Nov. 30, 2010): Linda Velez (“Velez”) claims that she was trafficked from Ecuador and forced to work in the home of Betsy Sanchez (“Betsy”). That single…
Continue Reading

Attorney-Client Privilege as Passing with Sale of Business, Even If Asset Sale

From Gilday v. Kenra, Ltd., 2010 U.S. Dist. LEXIS 106310 (S.D. Ind. Oct. 4, 2010): Kenra, Ltd. *** purchased substantially all of Kenra, LLC's assets and continued Kenra, LLC's operations "at the exact same location using the same computer systems, file cabinets, documents and other assets . . . . Kenra hired all of the Kenra, LLC employe ...
From Gilday v. Kenra, Ltd., 2010 U.S. Dist. LEXIS 106310 (S.D. Ind. Oct. 4, 2010): Kenra, Ltd. *** purchased substantially all of Kenra, LLC’s assets and continued Kenra, LLC’s operations “at the exact same location using the same computer systems,…
Continue Reading

Mistakenly Filing Documents under Seal, Rather than In Camera, for Privilege Review Is Not “Inadvertent” and Effects Waiver as to Those Documents but Not Subject Matter Waiver — Rule 502(b) vs. 502(a)

From First Am. CoreLogic, Inc. v. Fiserv, Inc., 2010 U.S. Dist. LEXIS 127454 (E.D. Tex. Dec. 2, 2010): At the outset, before discussing CoreLogic's inadvertent disclosure argument, the Court briefly notes that if CoreLogic did not inadvertently disclose the documents, then the privilege was waived to those documents. In the present cas ...
From First Am. CoreLogic, Inc. v. Fiserv, Inc., 2010 U.S. Dist. LEXIS 127454 (E.D. Tex. Dec. 2, 2010): At the outset, before discussing CoreLogic’s inadvertent disclosure argument, the Court briefly notes that if CoreLogic did not inadvertently disclose the documents,…
Continue Reading
Previous365366367368369370371Next

Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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