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

Mere Inability to Locate Cell Phone Photos Does Not Necessarily Constitute Spoliation

From McClain v. Norfolk So. Rwy. Co., 2009 U.S. Dist. LEXIS 22474 (N.D. Ohio Mar. 16, 2009): Through counsel, plaintiff volunteered during his deposition that he took pictures of the catwalk. Now he can't retrieve them from his cell phone. He doesn't know what happened. According to the plaintiff's opposition to defendant's motio ...
From McClain v. Norfolk So. Rwy. Co., 2009 U.S. Dist. LEXIS 22474 (N.D. Ohio Mar. 16, 2009): Through counsel, plaintiff volunteered during his deposition that he took pictures of the catwalk. Now he can’t retrieve them from his cell phone.…
Continue Reading

Spoliation — Two Tests Used to Determine Appropriate Sanction

From One Beacon Ins. Co. v. Elec. Power Eng’g (Scotland), Ltd., 2009 U.S. Dist. LEXIS 111048 (E.D. La. Nov. 24, 2009): The spoliation of evidence doctrine concerns the intentional destruction of evidence. See Menges v. Cliffs Drilling Co. , 2000 U.S. Dist. LEXIS 8478, 2000 WL 765082 at *1 (E.D. La.) (Vance, J.) (citing Voduse ...
From One Beacon Ins. Co. v. Elec. Power Eng’g (Scotland), Ltd., 2009 U.S. Dist. LEXIS 111048 (E.D. La. Nov. 24, 2009): The spoliation of evidence doctrine concerns the intentional destruction of evidence. See Menges v. Cliffs Drilling Co. , 2000…
Continue Reading

Sanctions — Failing to Advise Client of Meritlessness of Claim Warrants § 1927 Sanctions — Sixth Circuit § 1927 Standards

There is a split in the Circuits on the issue whether subjective bad faith is a prerequisite to imposition of sanctions under 28 U.S.C. § 1927. See Joseph, Sanctions: The Federal Law of Litigation Abuse § 23(B)(1) (4th ed. 2008). From Royal Oak Entm’t, LLC v. City of Royal Oak, 2009 U.S. App. LEXIS 5439 (6th Cir. Mar. 17, 2009):
There is a split in the Circuits on the issue whether subjective bad faith is a prerequisite to imposition of sanctions under 28 U.S.C. § 1927. See Joseph, Sanctions: The Federal Law of Litigation Abuse § 23(B)(1) (4th ed. 2008).…
Continue Reading

Common Interest/Joint Defense Privilege — Legal vs. Commercial Interests — Commercial Interest Insufficient to Afford Common Interest Protection Suffices to Avoid Work Product Waiver

From Ayers Oil Co. v. Am. Bus. Brokers, Inc., 2009 U.S. Dist. LEXIS 111928 (E.D. Mo. Dec. 2, 2009): This action is before the court on the motion of plaintiff Ayers Oil Co. (Ayers) to compel defendant American Business Brokers, Inc. (ABB) to produce an email communication from ABB corporate president Terry Monroe to non-party Bill Fecht.. ...
From Ayers Oil Co. v. Am. Bus. Brokers, Inc., 2009 U.S. Dist. LEXIS 111928 (E.D. Mo. Dec. 2, 2009): This action is before the court on the motion of plaintiff Ayers Oil Co. (Ayers) to compel defendant American Business Brokers,…
Continue Reading

Evidence of Earlier Preliminary Injunction Ruling and Other Litigations Excluded from Jury Trial Under 403 — Prior Arbitration Award Excluded as Hearsay — Brief of Party in Other Litigation Excluded as Hearsay

From Park West Radiology v. CareCore Nat’l LLC, 2009 U.S. Dist. LEXIS 110282 (S.D.N.Y. Nov. 19, 2009): [Preliminary Injunction Ruling.] Plaintiffs move to exclude any references to the Court's Preliminary Injunction Ruling as irrelevant and prejudicial pursuant to FRE 402 and 403. Defendants seek to introduce evidence ...
From Park West Radiology v. CareCore Nat’l LLC, 2009 U.S. Dist. LEXIS 110282 (S.D.N.Y. Nov. 19, 2009): [Preliminary Injunction Ruling.] Plaintiffs move to exclude any references to the Court’s Preliminary Injunction Ruling as irrelevant and prejudicial pursuant to FRE 402…
Continue Reading

For RICO Statute of Limitations Accrual Purposes, Date of Injury = Date of Investment

From Daly v. Pearl Spirits, Inc., 2009 U.S. Dist. LEXIS 108188 (N.D. Cal. Nov. 19, 2009): In Volk v. Davidson, 816 F.2d 1406 (9th Cir. 1987), the Ninth Circuit held that receiving written disclosure of the possibility of injury was sufficient to put a RICO plaintiff on constructive notice of his injury.... There, the plaintiffs had ...
From Daly v. Pearl Spirits, Inc., 2009 U.S. Dist. LEXIS 108188 (N.D. Cal. Nov. 19, 2009): In Volk v. Davidson, 816 F.2d 1406 (9th Cir. 1987), the Ninth Circuit held that receiving written disclosure of the possibility of injury was…
Continue Reading

Fiduciary Exception to Attorney-Client Privilege — ERISA

From Comrie v. IPSCO, Inc., 2009 U.S. Dist. LEXIS 111965 (N.D. Ill. Nov. 30, 2009): Plaintiff ... contends that the document-even if privileged and not waived-falls within the "fiduciary exception" and, therefore, is discoverable. This exception applies where the beneficiary requests from "a fiduciary of an ERISA plan . . . 'any communic ...
From Comrie v. IPSCO, Inc., 2009 U.S. Dist. LEXIS 111965 (N.D. Ill. Nov. 30, 2009): Plaintiff … contends that the document-even if privileged and not waived-falls within the “fiduciary exception” and, therefore, is discoverable. This exception applies where the beneficiary…
Continue Reading

The “Facially Conclusive” Exception to Younger Abstention

From HSBC Bank USA, N.A. v. N.Y. City Comm’n on Human Rights, 2009 U.S. Dist. LEXIS 110112 (S.D.N.Y. Nov. 25, 2009): On October 21, 2009, Plaintiffs filed their complaint against the Commission ("Complaint") seeking a declaratory judgment that §§ 8-107(10) and (11) of the [New York City Administrative] Code 1 are preempted by 12 U.S. ...
From HSBC Bank USA, N.A. v. N.Y. City Comm’n on Human Rights, 2009 U.S. Dist. LEXIS 110112 (S.D.N.Y. Nov. 25, 2009): On October 21, 2009, Plaintiffs filed their complaint against the Commission (“Complaint”) seeking a declaratory judgment that §§ 8-107(10)…
Continue Reading

Printout from Internet Archive Sufficiently Authenticated by Affidavit from Manager Explaining How Internet Archive Saves Old Web Pages

From SP Techs., LLC v. Garmin Int’l, Inc., 2009 U.S. Dist. LEXIS 110536 (N.D. Ill. Sept. 30, 2009) (on summary judgment motion; IP case): Plaintiff has moved to strike Defendant's Exhibit D, which consists of a print-out of a website showing the twenty lines of code that are in dispute. The website is maintained by the Internet Archive, ...
From SP Techs., LLC v. Garmin Int’l, Inc., 2009 U.S. Dist. LEXIS 110536 (N.D. Ill. Sept. 30, 2009) (on summary judgment motion; IP case): Plaintiff has moved to strike Defendant’s Exhibit D, which consists of a print-out of a website…
Continue Reading

Sanctions — Pro Se Inmate’s Letter to Court Laced with Obscenities and Charges of Racism Directed at Judge and Court Reporter Sent with “Improper Purpose” of Harassment, within Rule 11(b)(1)

From Kelly v. Null, 2009 U.S. Dist. LEXIS 109356 (S.D. Ill. Nov. 23, 2009): [T]his is not a situation in which the Court is threatening to impose sanctions on Kelly for making a layperson's mistake of law; rather, as is aptly demonstrated by even a cursory glance at Kelly's October 19 letter, Kelly's abuse of the judicial process is gross ...
From Kelly v. Null, 2009 U.S. Dist. LEXIS 109356 (S.D. Ill. Nov. 23, 2009): [T]his is not a situation in which the Court is threatening to impose sanctions on Kelly for making a layperson’s mistake of law; rather, as is…
Continue Reading
Previous402403404405406407408Next

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