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

Motions for Reconsideration under Rule 59(e) — Standards — Third Circuit

From Peng v. Gabay, 2009 U.S. Dist. LEXIS 121004 (D.N.J. Dec. 29, 2009): Motion for Reconsideration A motion to reconsider, pursuant to FED. R. CIV. P. 59(e) and L. CIV. R. 7.1(i), is "an extremely limited procedural vehicle," and requests pursuant to these rules are to be granted "sparingly." P. Schoenfeld Asset Mgmt ...
From Peng v. Gabay, 2009 U.S. Dist. LEXIS 121004 (D.N.J. Dec. 29, 2009): Motion for Reconsideration A motion to reconsider, pursuant to FED. R. CIV. P. 59(e) and L. CIV. R. 7.1(i), is “an extremely limited procedural vehicle,” and requests…
Continue Reading

Sanctions — PSLRA Mandatory Rule 11 Review Triggered by Summary Judgment on Federal Securities Claims Even If Pendent State Law Claims Dismissed without Prejudice

From Libaire v. Kaplan, 2010 U.S. Dist. LEXIS 4640 (E.D.N.Y. Jan. 21, 2010): Under the PSLRA, "upon final adjudication of the action" a court is required to make specific findings regarding compliance with each requirement of Rule 11(b). See 15 U.S.C. § 78u-4(c)(1). Relying upon Unite Here v. Cintas Corp., 500 F. Supp. 2 ...
From Libaire v. Kaplan, 2010 U.S. Dist. LEXIS 4640 (E.D.N.Y. Jan. 21, 2010): Under the PSLRA, “upon final adjudication of the action” a court is required to make specific findings regarding compliance with each requirement of Rule 11(b). See 15…
Continue Reading

Substantive Causation Requirements Do Not Control the Admissibility of Expert Evidence Offered on the Issue of Causation

From Lofton v. McNeil Consumer & Specialty Pharm., 2010 U.S. Dist. LEXIS 6390 (N.D. Tex. Jan. 27, 2010): The court next considers Defendants' argument that [ Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S.W.2d 706 (Tex. 1997)] controls the court's determination of relevancy in the context of the admissibility of expert testim ...
From Lofton v. McNeil Consumer & Specialty Pharm., 2010 U.S. Dist. LEXIS 6390 (N.D. Tex. Jan. 27, 2010): The court next considers Defendants’ argument that [ Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S.W.2d 706 (Tex. 1997)] controls the court’s…
Continue Reading

Sovereign Immunity — Education Department Immune from FDCPA Suit Relating to Student Loan — Unequivocal Congressional Waiver Required

From Ha v. U.S. Dep’t of Educ., 2010 U.S. Dist. LEXIS 2870 (D.D.C. Jan. 14, 2010): Incredibly, the determination of whether the FDCPA contains a waiver of sovereign immunity is a matter of first impression within our Circuit. At least one U.S. Court of Appeals and several U.S. District Courts, however, have evaluated this issue and fou ...
From Ha v. U.S. Dep’t of Educ., 2010 U.S. Dist. LEXIS 2870 (D.D.C. Jan. 14, 2010): Incredibly, the determination of whether the FDCPA contains a waiver of sovereign immunity is a matter of first impression within our Circuit. At least…
Continue Reading

Post-Judgment Amendment of Complaint

From In re Assicurazioni Generali, S.P.A., 2010 U.S. App. LEXIS 953 (2d Cir. Feb. 9, 2010): The filing of an amended complaint is not permissible once a judgment is entered unless the judgment is set aside or vacated pursuant to Rule 59 of the Federal Rules of Civil Procedure. Nat'l Petrochemical Co. of Iran v. M/T Stolt Sheaf, 9 ...
From In re Assicurazioni Generali, S.P.A., 2010 U.S. App. LEXIS 953 (2d Cir. Feb. 9, 2010): The filing of an amended complaint is not permissible once a judgment is entered unless the judgment is set aside or vacated pursuant to…
Continue Reading

“Something More” Is Not Required for Parent + Subsidiary to Constitute a RICO Enterprise — Circuit Split

From Watts v. Allstate Indem. Co., 2009 U.S. Dist. LEXIS 56275 (E.D. Cal. July 1, 2009): Defendants also argue that a parent corporation is not distinct from its subsidiary for purposes of a section 1962(c) claim. Section 1962(c) requires a person "associated with" an enterprise. 18 U.S.C. § 1962(c). Courts have held that because an en ...
From Watts v. Allstate Indem. Co., 2009 U.S. Dist. LEXIS 56275 (E.D. Cal. July 1, 2009): Defendants also argue that a parent corporation is not distinct from its subsidiary for purposes of a section 1962(c) claim. Section 1962(c) requires a…
Continue Reading

Inherent Power — Professional Plaintiff Cannot Show Good Faith by Claiming Reliance on Advice of Counsel, Particularly when Reasserting Claims Repeatedly Rejected by Other Courts

From Stalley v. Mountain States Health Alliance, 2010 U.S. Dist. LEXIS 8643 (E.D. Tenn. Feb. 2, 2010): Plaintiff — along with his partner in litigation, Erin Brockovich — filed numerous lawsuits in federal courts across the country, claiming the Medicare Secondary Payer Act ("MSP"), 42 U.S.C. § 1395y(b), was a qui tam statute ...
From Stalley v. Mountain States Health Alliance, 2010 U.S. Dist. LEXIS 8643 (E.D. Tenn. Feb. 2, 2010): Plaintiff — along with his partner in litigation, Erin Brockovich — filed numerous lawsuits in federal courts across the country, claiming the Medicare…
Continue Reading

Applying Daubert and Rule 702 to Historians’ Testimony

From Saginaw Chippewa Indian Tribe of Mich. v. Granholm, 2010 U.S. Dist. LEXIS 9498 (E.D. Mich. Feb. 4, 2010): The Daubert factors are not particularly helpful in this case. See First Tenn. Bank Nat. Ass'n v. Barreto, 268 F.3d 319, 335 (6th Cir. 2001) (citing United States v. Jones, 107 F.3d 1147, 1158 (6th Cir. 199 ...
From Saginaw Chippewa Indian Tribe of Mich. v. Granholm, 2010 U.S. Dist. LEXIS 9498 (E.D. Mich. Feb. 4, 2010): The Daubert factors are not particularly helpful in this case. See First Tenn. Bank Nat. Ass’n v. Barreto, 268 F.3d 319,…
Continue Reading

Electronic Fund Transfers at Intermediary Bank Are Not Subject to Attachment to Secure Payment of International Arbitration Award, Even After ETFs Converted to Cash Deposits — Independent Jurisdiction over Arbitral Defendant Required

From Opal Finance Ltd. v. Agrenco Madeira Comercio Internacional LDA, 2010 U.S. Dist. LEXIS 9826 (S.D.N.Y. Feb. 3, 2010): On October 16, 2009, the Court of Appeals for the Second Circuit held that EFTs being processed by an intermediary bank are not subject to attachment under Rule B of the Supplemental Rules for Certain Admiralty and ...
From Opal Finance Ltd. v. Agrenco Madeira Comercio Internacional LDA, 2010 U.S. Dist. LEXIS 9826 (S.D.N.Y. Feb. 3, 2010): On October 16, 2009, the Court of Appeals for the Second Circuit held that EFTs being processed by an intermediary bank…
Continue Reading

Removal — Fourth Circuit Adopts Last-Served Defendant Rule, Distinguishing Prior Adoption of First-Served Defendant Rule as Dicta

From Barbour v Int’l Union, United Auto., Aerospace & Agricultural Implement Workers of Am., 2010 U.S. App. LEXIS 2389 (4th Cir. Feb. 4, 2010): The [Plaintiff] Retirees served the International Union with the complaint on March 20, 2008. Local 1183 was served with process on March 29, 2008. On April 28, 2009, more than thirty days af ...
From Barbour v Int’l Union, United Auto., Aerospace & Agricultural Implement Workers of Am., 2010 U.S. App. LEXIS 2389 (4th Cir. Feb. 4, 2010): The [Plaintiff] Retirees served the International Union with the complaint on March 20, 2008. Local 1183…
Continue Reading
Previous392393394395396397398Next

Recent Posts

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

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

© 2024 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice