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

How Not to Authenticate Website Evidence

From Cook v. J&J Snack Foods Corp., 2010 U.S. Dist. LEXIS 6905 (E.D. Cal. Jan. 27, 2010): The website print outs at issue are attached to Nani Kim's declaration. *** In the first paragraph of her declaration, Kim states that she has personal knowledge of the contents of her declaration. *** However, Kim's declaration does not provide t ...
From Cook v. J&J Snack Foods Corp., 2010 U.S. Dist. LEXIS 6905 (E.D. Cal. Jan. 27, 2010): The website print outs at issue are attached to Nani Kim’s declaration. *** In the first paragraph of her declaration, Kim states that…
Continue Reading

Traditional vs. Advisory Mandamus — Appropriateness of Allocating Portion of Settlements in MDL to Lead Counsel

From In re Zyprexa Prods. Liab. Litig., 2010 U.S. App. LEXIS 2260 (2d Cir. Feb. 3, 2010) (Kaplan, D.J., concurring) (extensive citations omitted throughout): A. The Traditional Mandamus Standard Mandamus and other prerogative writs "are reserved for really extraordinary causes." Mandamus is "not to be used as a substit ...
From In re Zyprexa Prods. Liab. Litig., 2010 U.S. App. LEXIS 2260 (2d Cir. Feb. 3, 2010) (Kaplan, D.J., concurring) (extensive citations omitted throughout): A. The Traditional Mandamus Standard Mandamus and other prerogative writs “are reserved for really extraordinary causes.”…
Continue Reading

CAFA — If Class Isn’t Definitionally Limited to State Citizens, Plaintiffs Must Offer Evidence to Establish Home State Exception — Or Define Class in Such a Way as to Insure It

From In re Sprint Nextel Corp., 2010 U.S. App. LEXIS 1928 (7th Cir. Jan. 28, 2010): The complaint alleged violations of the Kansas Unfair Trade and Consumer Protection Act. The district court declined to exercise jurisdiction on the ground that the suit fell within the home-state exception to the Class Action Fairness Act (CAFA). See 28 U ...
From In re Sprint Nextel Corp., 2010 U.S. App. LEXIS 1928 (7th Cir. Jan. 28, 2010): The complaint alleged violations of the Kansas Unfair Trade and Consumer Protection Act. The district court declined to exercise jurisdiction on the ground that…
Continue Reading

Bankruptcy Court Power to Impose Inherent Power and § 1927 Sanctions

From In re Green, 2010 Bankr. LEXIS 195, 2010 WL 346090 (Bankr. S.D.N.Y. Feb. 2, 2010): The Court has the power to sanction Farinella for this conduct pursuant to (1) its inherent power, (2) 28 U.S.C. § 1927, and (3) Local Bankruptcy Rule 9020-1. “Bankruptcy courts, like Article III courts, enjoy inherent power to sanction parties f ...
From In re Green, 2010 Bankr. LEXIS 195, 2010 WL 346090 (Bankr. S.D.N.Y. Feb. 2, 2010): The Court has the power to sanction Farinella for this conduct pursuant to (1) its inherent power, (2) 28 U.S.C. § 1927, and (3)…
Continue Reading

PSLRA — Issuance of Press Releases by Putative Lead Plaintiff’s Counsel Does Not Necessarily Mean the Suit is Lawyer Driven or that the Plaintiff Is Inadequate — District Court Discretion over Selection of Lead Counsel

From Zhu v. UCBH Holdings, Inc., 2010 U.S. Dist. LEXIS 6463 (N.D. Cal. Jan. 27, 2010): ***DeKalb and Operating Engineers argue that Cho's lawsuit is lawyer-driven because his counsel issued two press releases. The first one, sent out the day before his counsel filed the first lawsuit, announced that the Rosen Law Firm was commencing an i ...
From Zhu v. UCBH Holdings, Inc., 2010 U.S. Dist. LEXIS 6463 (N.D. Cal. Jan. 27, 2010): ***DeKalb and Operating Engineers argue that Cho’s lawsuit is lawyer-driven because his counsel issued two press releases. The first one, sent out the day…
Continue Reading

Second Circuit Panel Unable to Agree as to whether Magistrate Judges May Impose Rule 11 Sanctions — Circuit Split

From Kiobel v. Millson, 2010 U.S. App. LEXIS 378 (2d Cir. Jan. 8, 2010): Opinion of Court In this appeal we consider a challenge to the imposition of sanctions under Rule 11 of the Federal Rules of Civil Procedure. Appellants are defense counsel in an action brought pursuant to the Alien Tort Statute ("ATS"), 28 U.S.C. § ...
From Kiobel v. Millson, 2010 U.S. App. LEXIS 378 (2d Cir. Jan. 8, 2010): Opinion of Court In this appeal we consider a challenge to the imposition of sanctions under Rule 11 of the Federal Rules of Civil Procedure. Appellants…
Continue Reading

Civil Contempt Standards — Order of Civil Contempt for Failure to Pay Sanctions Award Vacated — Unresolved Question as to Contemnor’s Ability to Pay

From Camerons Hardware Inc. v. Independence Blue Cross, 2010 U.S. App. LEXIS 2028 (3d Cir. Jan. 15, 2010): On July 28, 2008, the District Court, after a hearing, granted the motions for sanctions. The Court concluded that "[a]t the time Mr. Otter filed the Complaint on behalf of his clients, he had been informed four times previously his ...
From Camerons Hardware Inc. v. Independence Blue Cross, 2010 U.S. App. LEXIS 2028 (3d Cir. Jan. 15, 2010): On July 28, 2008, the District Court, after a hearing, granted the motions for sanctions. The Court concluded that “[a]t the time…
Continue Reading

Email Authentication Other than through the Author

From EEOC v. Olsten Staffing Servs. Corp., 2009 U.S. Dist. LEXIS 88903 (W.D. Wis. Sept. 28, 2009): This case raises questions about the scope of an employment agency's obligations under the Americans with Disabilities Act. Zachary Schaefer is a deaf person who sought employment unsuccessfully through defendant Olsten Staffing Services Co ...
From EEOC v. Olsten Staffing Servs. Corp., 2009 U.S. Dist. LEXIS 88903 (W.D. Wis. Sept. 28, 2009): This case raises questions about the scope of an employment agency’s obligations under the Americans with Disabilities Act. Zachary Schaefer is a deaf…
Continue Reading

Standards for Proving “Deliberate Ignorance” to Establish Knowledge — Collective Knowledge Not Appropriate to Establish Subjective Intent

From Chaney v. Dreyfus Service Corp., 2010 U.S. App. LEXIS 1572 (5th Cir. Jan. 25, 2010): Plaintiffs, receivers of seven insurance companies (the "Receivers"), appeal the grant of summary judgment in favor of Dreyfus Service Corporation ("DSC"). Throughout the 1990s the insurance companies' assets were looted through a complex fraud sche ...
From Chaney v. Dreyfus Service Corp., 2010 U.S. App. LEXIS 1572 (5th Cir. Jan. 25, 2010): Plaintiffs, receivers of seven insurance companies (the “Receivers”), appeal the grant of summary judgment in favor of Dreyfus Service Corporation (“DSC”). Throughout the 1990s…
Continue Reading

Supplemental Jurisdiction Over Issues of First Impression under European Antitrust Law Declined

From Carpenter Co. v. BASF SE, 2010 U.S. Dist. LEXIS 5791 (D. Kan. Jan. 25, 2010): Section 1367(c) provides that a district court may decline to exercise supplemental jurisdiction if "(1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the district court ...
From Carpenter Co. v. BASF SE, 2010 U.S. Dist. LEXIS 5791 (D. Kan. Jan. 25, 2010): Section 1367(c) provides that a district court may decline to exercise supplemental jurisdiction if “(1) the claim raises a novel or complex issue of…
Continue Reading
Previous393394395396397398399Next

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