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

$3.4 Million Inherent Power Sanction Upheld by Eleventh Circuit — Covering Not only Attorneys’ Fees but also an Incidental Settlement and Costs in Defeating a Third Party’s Motion All Due to Bad Faith Conduct

From Wachovia Bank v. Tien, 2010 U.S. App. LEXIS 26089 (11th Cir. Dec. 22, 2010): Henry Tien appeals pro se from the partial final judgment in an interpleader action, 28 U.S.C. § 1335, which imposed on him approximately $3.4 million in sanctions. He claims that the district court abused its discretion in exercising its inherent power t ...
From Wachovia Bank v. Tien, 2010 U.S. App. LEXIS 26089 (11th Cir. Dec. 22, 2010): Henry Tien appeals pro se from the partial final judgment in an interpleader action, 28 U.S.C. § 1335, which imposed on him approximately $3.4 million…
Continue Reading

Authentication of Google Earth — MapQuest / Computer Satellite Imaging System / Computer-Generated Map

From Commonwealth v. Suarez-Irizzary, 2010 Pa. Dist. & Cnty. Dec. LEXIS 380 (Ct. Com. Pl. Aug. 6, 2010): As technology increases, the law must keep pace. When maps were first created, they represented a cartographer's "best estimate" of where things were located. Since then, measuring wheels, odometers, airplane photography and now global ...
From Commonwealth v. Suarez-Irizzary, 2010 Pa. Dist. & Cnty. Dec. LEXIS 380 (Ct. Com. Pl. Aug. 6, 2010): As technology increases, the law must keep pace. When maps were first created, they represented a cartographer’s “best estimate” of where things…
Continue Reading

Factors to Determine Whether an Economic Entity Is Entitled to Tribal Sovereign Immunity

From Breakthrough Management Group, Inc. v. Chukchansi Gold Casino And Resort, 2010 U.S. App. LEXIS 26210 (10th Cir. Dec. 27, 2010): At this time there is no need to define the precise boundaries of the appropriate test to determine if a tribe's economic entity qualifies as a subordinate economic entity entitled to share in a t ...
From Breakthrough Management Group, Inc. v. Chukchansi Gold Casino And Resort, 2010 U.S. App. LEXIS 26210 (10th Cir. Dec. 27, 2010): At this time there is no need to define the precise boundaries of the appropriate test to determine if…
Continue Reading

RICO — Investor’s Claim Arising out of Illegal Tax Shelter Not Barred by PSLRA, but Proximate Cause Lacking Because the Government was the Directly Injured Party and Did, in Fact, Sue

From Rezner v. Bayeriusche Hypo-Und Vereinsbank, AG, 2010 U.S. App. LEXIS 26272 (9th Cir. Dec. 28, 2010): It is undisputed that John Rezner participated in a financial transaction called Custom Adjustable Rate Debt Structure ("CARDS"), designed to avoid the payment of federal income taxes.*** CARDS loan transactions are designed to gene ...
From Rezner v. Bayeriusche Hypo-Und Vereinsbank, AG, 2010 U.S. App. LEXIS 26272 (9th Cir. Dec. 28, 2010): It is undisputed that John Rezner participated in a financial transaction called Custom Adjustable Rate Debt Structure (“CARDS”), designed to avoid the payment…
Continue Reading

Does Inherent Power Extend to Non-Parties Who Have Not Violated a Court Order? No Sanctions Imposed on Court-Appointed Monitor Who Engaged in Improper Communications with the Principal of a Party

From U.S. v. City of Detroit, 2010 U.S. Dist. LEXIS 134852 (E.D. Mich. Dec. 21, 2010): This civil rights action — now in its seventh year — involves an ongoing effort to enforce and implement two Consent Judgments that were agreed upon by the City of Detroit ("City") and the Department of Justice ("DOJ"). These Consent Judgments aros ...
From U.S. v. City of Detroit, 2010 U.S. Dist. LEXIS 134852 (E.D. Mich. Dec. 21, 2010): This civil rights action — now in its seventh year — involves an ongoing effort to enforce and implement two Consent Judgments that were…
Continue Reading

Spoliation Rule?

Today, I attended and moderated a panel at a meeting of the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference. The topic under discussion was a preservation (i.e., spoliation) rule for inclusion in the Federal Rules of Civil Procedure. Judge Mark Kravitz (D. Conn.), Chair of the Advisory Committee on the Federal Rules o ...
Today, I attended and moderated a panel at a meeting of the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference. The topic under discussion was a preservation (i.e., spoliation) rule for inclusion in the…
Continue Reading

Court’s Simple Observation that Counsel Has Engaged in Conduct Violative of Rule 11, without More, Does Not Constitute a Sanction and Does Not Require Prior Notice

From M.B. v. Eastern Regional High School Dist., 386 Fed. Appx. 186 (3d Cir. 2010): M.G. claims the District Court erred by sanctioning Epstein without first providing him with notice and a reasonable opportunity to respond. See Fed. R. Civ. P. 11(c)(1). But the District Court did not impose Rule 11 sanctions on Epstein. Rather, the Cou ...
From M.B. v. Eastern Regional High School Dist., 386 Fed. Appx. 186 (3d Cir. 2010): M.G. claims the District Court erred by sanctioning Epstein without first providing him with notice and a reasonable opportunity to respond. See Fed. R. Civ.…
Continue Reading

Defendant Cannot Moot Class Action by Making a Rule 68 Offer of Judgment to the Named Plaintiff before Class Certification Motion Is Filed — Case Law Split

From Hrivnak v. NCO Portfolio Mgmt., Inc., 723 F. Supp. 2d 1020 (N.D. Ohio 2010): The question posed by Javitch's Motion for Reconsideration is whether a defendant in a putative class-action may moot that action by presenting an offer of judgment under Rule 68 two days after the suit is removed to federal court. *** At issue is "[t]he i ...
From Hrivnak v. NCO Portfolio Mgmt., Inc., 723 F. Supp. 2d 1020 (N.D. Ohio 2010): The question posed by Javitch’s Motion for Reconsideration is whether a defendant in a putative class-action may moot that action by presenting an offer of…
Continue Reading

§ 1927 Sanctions Imposed on Counsel for 868-Entry Deposition Errata Sheet — Case Law Split on Propriety of Substantive Deposition Errata — § 1927 Award May Include Costs Incurred on Sanctions Motion (Circuit Split) — Good Quotes

From Norelus v. Denny’s, Inc., 2010 U.S. App. LEXIS 26286 (11th Cir. Dec. 28, 2010) (Note: This is a 2-1 decision with the 1 being a concurrence in part and Judge Tflojat dissenting): No one's memory is perfect. People forget things or get confused, and anyone can make an innocent misstatement or two. Or maybe even three ...
From Norelus v. Denny’s, Inc., 2010 U.S. App. LEXIS 26286 (11th Cir. Dec. 28, 2010) (Note: This is a 2-1 decision with the 1 being a concurrence in part and Judge Tflojat dissenting): No one’s memory is perfect. People forget…
Continue Reading

FTC Suit for Unfair or Deceptive Acts under 15 U.S.C. § 45(a)(1) Is Subject to Rule 9(b) — Case Law Split

From Federal Trade Commission v. Lights of Am., Inc., 2010 U.S. Dist. LEXIS 137088 (C.D. Cal. Dec. 17, 2010): The FTC Act prohibits "unfair or deceptive acts or practices in or affecting commerce." 15 U.S.C. § 45(a)(1). In resolving the FTC's motion to dismiss, the central issue is whether the FTC's claim that the Vakils engaged in "unfa ...
From Federal Trade Commission v. Lights of Am., Inc., 2010 U.S. Dist. LEXIS 137088 (C.D. Cal. Dec. 17, 2010): The FTC Act prohibits “unfair or deceptive acts or practices in or affecting commerce.” 15 U.S.C. § 45(a)(1). In resolving the…
Continue Reading
Previous368369370371372373374Next

Recent Posts

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (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