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

After § 1404 Transfer, Circuit Reviews Issues Decided by Transferor Court (Circuit Split) — Voluntary Dismissal of Federal Claim Does Not Affect §1367 Jurisdiction — What Is Inadvertent? (Good Quote)

From Anderson v. Aon Corp.,, 2010 U.S. App. LEXIS 15250 (7th Cir. July 26, 2010): Anderson's lead argument on appeal is that, once he withdrew the RICO claim, federal jurisdiction vanished and 28 U.S.C. § 1447(c) obliged the court to remand. Section 1447(c) says, among other things, that "[i]f at any time before final judgment it appear ...
From Anderson v. Aon Corp.,, 2010 U.S. App. LEXIS 15250 (7th Cir. July 26, 2010): Anderson’s lead argument on appeal is that, once he withdrew the RICO claim, federal jurisdiction vanished and 28 U.S.C. § 1447(c) obliged the court to…
Continue Reading

Court Enjoys Wide Discretion to Decide If There Is a Pattern of Delay or Disobedience to Court Orders Justifying Rule 16(f) Sanctions — Denial of Sanctions for Untimely Production of Minimally Relevant Documents Upheld

From Guimaraes v. Nors, 366 F. App’x. 51(11th Cir. 2010): Under Rule 16(f), a court may impose sanctions if a party or its attorney violates a scheduling or other pretrial order, including a discovery order. Fed.R.Civ.P. 16(f)(1)(C). We have upheld the denial of sanctions where the non-moving party had not timely produced documents ...
From Guimaraes v. Nors, 366 F. App’x. 51(11th Cir. 2010): Under Rule 16(f), a court may impose sanctions if a party or its attorney violates a scheduling or other pretrial order, including a discovery order. Fed.R.Civ.P. 16(f)(1)(C). We have upheld…
Continue Reading

Scientific vs. Technical Expert Testimony — Impact on Acceptable Qualifications

From Rose v. Truck Centers, Inc., 2010 U.S. App. LEXIS 16396 (6th Cir. Aug. 6, 2010): In order to qualify as an expert under Rule 702, a witness must establish his or her expertise by reference to "knowledge, skill, experience, training, or education." Fed. R. Evid. 702. Although this requirement is typically treated liberally, a witnes ...
From Rose v. Truck Centers, Inc., 2010 U.S. App. LEXIS 16396 (6th Cir. Aug. 6, 2010): In order to qualify as an expert under Rule 702, a witness must establish his or her expertise by reference to “knowledge, skill, experience,…
Continue Reading

Work Product — Subject Matter Waiver Effected by Issuing Press Release Based on Discussions with Prosecutors That Were Otherwise Protected as Work Product

From E.I. duPont de Nemours & Co. v. Kolon Indus., 2010 U.S. Dist. LEXIS 77075 (E.D. Va. July 30, 2010): ***DuPont alleges that Kolon stole its secret processes and technologies for manufacturing Kevlar, and that Kolon has improved its product line based on this trade secret theft. *** The Court recently issued a Memorandum Opinio ...
From E.I. duPont de Nemours & Co. v. Kolon Indus., 2010 U.S. Dist. LEXIS 77075 (E.D. Va. July 30, 2010): ***DuPont alleges that Kolon stole its secret processes and technologies for manufacturing Kevlar, and that Kolon has improved its product…
Continue Reading

Court May Not Invoke Inherent Power to Sanction Misconduct before Administrative Tribunal

From Children’s Ctr. for Devel. Enrichment v. Machle, 2010 U.S. App. LEXIS 14600 (6th Cir. July 16, 2010): Courtland and Michelle Bishop and their minor disabled son CB brought suit against the private school to which CB had been assigned after the school expelled CB. The district court dismissed the claims, and the Bishops initiated ...
From Children’s Ctr. for Devel. Enrichment v. Machle, 2010 U.S. App. LEXIS 14600 (6th Cir. July 16, 2010): Courtland and Michelle Bishop and their minor disabled son CB brought suit against the private school to which CB had been assigned…
Continue Reading

RICO — Exercising Caution While Affording Liberal Construction

From U.S. Airline Pilots Ass’n, 2010 U.S. App. LEXIS 15781 (4th Cir. July 30, 2010): RICO, the federal claim at issue, "does not cover all instances of wrongdoing. Rather, it is a unique cause of action that is concerned with eradicating organized, long-term, habitual criminal activity." Gamboa v. Velez, 457 F.3d 703, 705 (7t ...
From U.S. Airline Pilots Ass’n, 2010 U.S. App. LEXIS 15781 (4th Cir. July 30, 2010): RICO, the federal claim at issue, “does not cover all instances of wrongdoing. Rather, it is a unique cause of action that is concerned with…
Continue Reading

No Subject Matter Waiver of Work Product Protection by SEC Due to DOJ’s Disclosure of SEC Notes in Criminal Prosecution

From Williams & Connolly LLP v. U.S. Securities and Exchange Commission, 2010 U.S. Dist. LEXIS 78570 (D.D.C. Aug. 4, 2010): FOIA Exemption 5 incorporates the work product doctrine, which shields "documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative (includi ...
From Williams & Connolly LLP v. U.S. Securities and Exchange Commission, 2010 U.S. Dist. LEXIS 78570 (D.D.C. Aug. 4, 2010): FOIA Exemption 5 incorporates the work product doctrine, which shields “documents and tangible things that are prepared in anticipation of…
Continue Reading

Fed.R.App.P. 46 — “Conduct Unbecoming a Member of the Bar” — ABA Standards for Imposing Discipline — Recklessness (Good Quote)

From In re Girardi (Franco v. Dow Chem. Co.), 2010 U.S. App. LEXIS 14292 (9th Cir. July 13, 2010): "A member of the court's bar is subject to suspension or disbarment by the court if the member ... is guilty of conduct unbecoming a member of the court's bar." Fed. R. App. P. 46(b)(1)(B); see Gadda v. Ashcroft, 377 F.3d 934, 947 (9 ...
From In re Girardi (Franco v. Dow Chem. Co.), 2010 U.S. App. LEXIS 14292 (9th Cir. July 13, 2010): “A member of the court’s bar is subject to suspension or disbarment by the court if the member … is guilty…
Continue Reading

Who Becomes the Real-Party-in-Interest when a Party Becomes Incompetent? — Roles of State/Federal Law — Rules 17 and 25

From Kuelbs v. Hill, 2010 U.S. App. LEXIS 15757 (8th Cir. July 30, 2010): We first address who became the real party in interest after Kuelbs was declared incompetent. "In a diversity action, state law determines the issue of who is a real party in interest." Jaramillo v. Burkhart, 999 F.2d 1241, 1246 (8th Cir. 1993). W ...
From Kuelbs v. Hill, 2010 U.S. App. LEXIS 15757 (8th Cir. July 30, 2010): We first address who became the real party in interest after Kuelbs was declared incompetent. “In a diversity action, state law determines the issue of who…
Continue Reading

Fed.R.Civ.P. 83 Precludes Striking Brief on Ground It Lacks Tables of Contents and Authorities Required by Local Rule (Nonwillful Violation)

From Hanks v. Shinseki, 2010 U.S. Dist. LEXIS 76660 (N.D. Tex. July 28, 2010): Hanks has moved to strike the defendants' motion, the brief in support thereof, and the appendix in support thereof. As to the defendants' motion and brief, Hanks contends that both should be stricken because the brief is longer than ten pages but does not in ...
From Hanks v. Shinseki, 2010 U.S. Dist. LEXIS 76660 (N.D. Tex. July 28, 2010): Hanks has moved to strike the defendants’ motion, the brief in support thereof, and the appendix in support thereof. As to the defendants’ motion and brief,…
Continue Reading
Previous376377378379380381382Next

Recent Posts

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)

FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

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