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

Removal — Fraudulent Joinder — Fifth Circuit Test and Procedure

From Moore v. Goodyear Tire & Rubber Co., 2010 U.S. Dist. LEXIS 80703 (N.D. Tex. Aug. 10, 2010): "[T]he burden on the removing party is to prove that the joinder of the in-state parties was improper- -that is, to show that sham defendants were added to defeat jurisdiction." Smallwood v. I11. Cent. R.R. Co., 385 F.3d 568, 575 (5th ...
From Moore v. Goodyear Tire & Rubber Co., 2010 U.S. Dist. LEXIS 80703 (N.D. Tex. Aug. 10, 2010): “[T]he burden on the removing party is to prove that the joinder of the in-state parties was improper- -that is, to show…
Continue Reading

Scope of Statutory Privilege for Documents Created “Specifically for [PCAOB ]” — Issue of First Impression — Log Required — Categorical Log Rejected

From Silverman vs. Motorola, Inc., 2010 U.S. Dist. LEXIS 81671 (N.D. Ill. June 29, 2010): In its motion, KPMG seeks to quash the subpoenas issued to it by Plaintiffs and to preclude Plaintiffs from questioning KPMG, through Mr. Pratt and Mr. Parrott, regarding the PCAOB inspection process. Resolution of KPMG's motion turns on the statut ...
From Silverman vs. Motorola, Inc., 2010 U.S. Dist. LEXIS 81671 (N.D. Ill. June 29, 2010): In its motion, KPMG seeks to quash the subpoenas issued to it by Plaintiffs and to preclude Plaintiffs from questioning KPMG, through Mr. Pratt and…
Continue Reading

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
Previous377378379380381382383Next

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