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

The 10 Most Important Developments in Civil Practice: 2000-2010

1. Federal Rule of Evidence 502 (9/19/2008) 2. Twiqbal (2007 / 2009) 3. Expert Discovery Rules Amendments (12/1/2010) 4. The Rise of Spoliation 5. Amendments to Evidence Rules 701-703 (12/1/2000) 6. FRAP. 32.1 (12/1/2006) 7. 2000 ...
1. Federal Rule of Evidence 502 (9/19/2008) 2. Twiqbal (2007 / 2009) 3. Expert Discovery Rules Amendments (12/1/2010) 4. The Rise of Spoliation 5. Amendments to Evidence Rules 701-703 (12/1/2000) 6. FRAP. 32.1 (12/1/2006) 7. 2000 Disclosure and Discovery-Limits Amendments…
Continue Reading

Arbitration — Presumption that Duty to Arbitrate Survives Contract — Ambiguity Resolved in Favor of Arbitrating

From West Liberty Foods, LLC v. Moroni Feed Co., 2010 U.S. Dist. LEXIS 125137 (S.D. Iowa Oct. 20, 2010): The issue in this case is not whether the parties agreed to arbitrate in the first place; rather, the issue is whether the parties agreed that the obligation to arbitrate would end upon termination of the marketing agreement. "Even i ...
From West Liberty Foods, LLC v. Moroni Feed Co., 2010 U.S. Dist. LEXIS 125137 (S.D. Iowa Oct. 20, 2010): The issue in this case is not whether the parties agreed to arbitrate in the first place; rather, the issue is…
Continue Reading

PSLRA Sanctions — Statute of Limitations Dismissal Is a “Final Adjudication” Triggering Rule 11 Inquiry (Standing Dismissal, Maybe Not) — Declining Jurisdiction over State Law Claims Irrelevant to “Final Adjudication” Trigger

From Libaire v. Kaplan, 2010 U.S. App. LEXIS 20594 (2d Cir. Oct. 6, 2010): The PSLRA [Private Securities Litigation Reform Act] states that "[i]n any private action arising under this chapter, upon final adjudication of the action, the court shall include in the record specific findings regarding compliance by each party and each attorney ...
From Libaire v. Kaplan, 2010 U.S. App. LEXIS 20594 (2d Cir. Oct. 6, 2010): The PSLRA [Private Securities Litigation Reform Act] states that “[i]n any private action arising under this chapter, upon final adjudication of the action, the court shall…
Continue Reading

The One-Year Limit on Removal in 28 U.S.C. § 1446(b) Is Not Subject to an Equitable Exception — Case Law Split

From Cole v. Amerigon Inc., 2010 U.S. Dist. LEXIS 134745 (E.D. Mo. Dec. 21, 2010): If a case is not removable as initially pled, "a notice of removal may be filed within thirty days after the receipt...of a copy of an amended pleading, motion, order or other paper" that alerts the defendant that the action is removable. [28 U.S.C. § 144 ...
From Cole v. Amerigon Inc., 2010 U.S. Dist. LEXIS 134745 (E.D. Mo. Dec. 21, 2010): If a case is not removable as initially pled, “a notice of removal may be filed within thirty days after the receipt…of a copy of…
Continue Reading

Defendants Who Were Aware of Allegedly Dangerous Condition But Had No Control over It Cannot be Subject to Adverse Inference for Failing to Document or Preserve Scene

From Willis v. Indian Harbor SS Co., 790 N.W.2d 177 (Minn. App. 2010): On August 27, 2004, while working as a crewman of the vessel Joseph L. Block, Willis was injured on a dock in the Duluth harbor owned by respondent Duluth, Missabe & Iron Range Railway Company (DM&IR). Willis was handling one of the Block's mooring lines used to secu ...
From Willis v. Indian Harbor SS Co., 790 N.W.2d 177 (Minn. App. 2010): On August 27, 2004, while working as a crewman of the vessel Joseph L. Block, Willis was injured on a dock in the Duluth harbor owned by…
Continue Reading

Dismissal Standards in New York State Court — CPLR 3211(a)(7) (Failure to State a Claim) and 3211(a)(1) (Documentary Evidence) — Affidavits May Cure Pleading Deficiencies — What Constitutes “Documentary Evidence”

From MBIA Ins. Corp. v Royal Bank of Canada, 28 Misc. 3d 1225A, 2010 N.Y. Misc. LEXIS 3958, 2010 NY Slip Op 51490U (Sup. Ct. Westchester County Aug. 19, 2010): The legal standards to be applied in evaluating a motion to dismiss pursuant to CPLR 3211(a)(7) are well-settled. In determining whether a complaint is sufficient to withsta ...
From MBIA Ins. Corp. v Royal Bank of Canada, 28 Misc. 3d 1225A, 2010 N.Y. Misc. LEXIS 3958, 2010 NY Slip Op 51490U (Sup. Ct. Westchester County Aug. 19, 2010): The legal standards to be applied in evaluating a motion…
Continue Reading

Refusal to Grant Attorneys’ Fees as Inherent Power Sanction Upheld Even Though Intentional Spoliation May Have Been Found by Jury

From Union Pump Co. v. Centrifugal Tech. Inc., 2010 U.S. App. LEXIS 25761 (5th Cir. Dec. 16, 2010): Plaintiff, Union Pump Company, sued three of its former employees after the former employees formed a competing business. Union Pump alleged that the defendants misappropriated its trade secrets and engaged in unfair competition because t ...
From Union Pump Co. v. Centrifugal Tech. Inc., 2010 U.S. App. LEXIS 25761 (5th Cir. Dec. 16, 2010): Plaintiff, Union Pump Company, sued three of its former employees after the former employees formed a competing business. Union Pump alleged that…
Continue Reading

Testimony from Recipient of Email Suffices to Authenticate It, As Does Affidavit

From Read v. Teton Springs Golf & Casting Club, LLC, 2010 U.S. Dist. LEXIS 134621 (D. Idaho Dec. 14, 2010): Exhibit 10 "is a true and correct copy of an email from Aaron Wernli dated March 21, 2006. See McLean Aff., ¶ 13 (Docket No. 448, Att. 1). Plaintiffs argue that Exhibit 10 was (1) sent to, among others, Plaintiff Chris Frye who au ...
From Read v. Teton Springs Golf & Casting Club, LLC, 2010 U.S. Dist. LEXIS 134621 (D. Idaho Dec. 14, 2010): Exhibit 10 “is a true and correct copy of an email from Aaron Wernli dated March 21, 2006. See McLean…
Continue Reading

Duplicative Federal Action May be Dismissed Sua Sponte Pursuant to Rule 41(b)

From Latham Orthopedics Med. Group v. U.S.A. Corp., 2010 U.S. Dist. LEXIS 122370 (C.D. Cal. Nov. 2, 2010): In an earlier-filed case -- Case No. EDCV 10-950-DSF (MAN) (the "950 Action") -- plaintiffs filed a complaint that is essentially identical to the instant Complaint. The 950 Action named the same two plaintiffs (Mueller and Latham) ...
From Latham Orthopedics Med. Group v. U.S.A. Corp., 2010 U.S. Dist. LEXIS 122370 (C.D. Cal. Nov. 2, 2010): In an earlier-filed case — Case No. EDCV 10-950-DSF (MAN) (the “950 Action”) — plaintiffs filed a complaint that is essentially identical…
Continue Reading

Organization May Not Call Its Own 30(b)(6) Witness to Testify at Trial to Matters Outside His/Her Personal Knowledge

From Union Pump Co. v. Centrifugal Tech. Inc., 2010 U.S. App. LEXIS 25761 (5th Cir. Dec. 16, 2010): Federal Rule of Evidence 602 limits the scope of a witness's testimony to matters that are within his or her personal knowledge. Union Pump argues that Bixler [Union Pump’s 30(b)(6) deponent] was permitted to testify to matters that, alt ...
From Union Pump Co. v. Centrifugal Tech. Inc., 2010 U.S. App. LEXIS 25761 (5th Cir. Dec. 16, 2010): Federal Rule of Evidence 602 limits the scope of a witness’s testimony to matters that are within his or her personal knowledge.…
Continue Reading
Previous369370371372373374375Next

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