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

FSIA — Expropriation Exception — Foreign State Defendant Need Not Be the State that Wrongfully Expropriated — Foreign Exhaustion Discretionary — Commercial Activity Includes Ads, Press Releases

From Cassirer v. Kingdom of Spain, 580 F.3d 1048 (9th Cir. 2009): Claude Cassirer ("Cassirer") filed this action in federal district court against the Kingdom of Spain ("Spain") and the Thyssen-Bornemisza Collection Foundation (the "Foundation") 1 to recover a Camille Pissarro painting now on display at the Foundation's museum in Madrid, ...
From Cassirer v. Kingdom of Spain, 580 F.3d 1048 (9th Cir. 2009): Claude Cassirer (“Cassirer”) filed this action in federal district court against the Kingdom of Spain (“Spain”) and the Thyssen-Bornemisza Collection Foundation (the “Foundation”) 1 to recover a Camille…
Continue Reading

Alien Tort Statute — Sosa Does Not Incorporate Customary International Law, Wholesale, into ATS; RICO — § 1962(b) Elements

From In re Xe Servs. Alien Tort Litig., 2009 U.S. Dist. LEXIS 97994 (E.D. Va. Oct. 21, 2009): [Alien Tort Statute] Importantly, Sosa counsels the federal courts to engage in "vigilant doorkeeping" when determining whether to recognize a cause of action under the ATS for five reasons, each of which relates to the need ...
From In re Xe Servs. Alien Tort Litig., 2009 U.S. Dist. LEXIS 97994 (E.D. Va. Oct. 21, 2009): [Alien Tort Statute] Importantly, Sosa counsels the federal courts to engage in “vigilant doorkeeping” when determining whether to recognize a cause of…
Continue Reading

Inappropriate for Expert to Opine as to State of Mind, Summarize Documents with a “Tilt” or Offer Legal Conclusions — But Testimony as to the Reasonableness of a Party’s Behavior May Be Permissible

From In Re Genetically Modified Rice Litigation, 2009 U.S. Dist. LEXIS 98302 (E.D. Mo. Oct. 9, 2002): Rule 702 permits expert testimony if it "will assist the trier of fact to understand the evidence or to determine a fact in issue." Fed. R. Evid. 702. The key inquiries are the (1) factual basis of the opinion, (2) reliability of the m ...
From In Re Genetically Modified Rice Litigation, 2009 U.S. Dist. LEXIS 98302 (E.D. Mo. Oct. 9, 2002): Rule 702 permits expert testimony if it “will assist the trier of fact to understand the evidence or to determine a fact in…
Continue Reading

Multidistrict Litigation — When Transferee (MDL) Court May Overturn Decision of Transferor (Caselaw Split) — Mandamus to Review Transferee Court’s Refusal to Reconsider Decision of Transferor

From In re: Ford Motor Co., 580 F.3d 308 (5th Cir. 2009) [Note: Corrected opinion filed 12/16/09, reported at 2009 U.S. App. LEXIS 27637]: :The issue—whether we can grant mandamus on a district court's refusal to reconsider a pretrial MDL decision—is one of first impression in this circuit. *** We begin by addressing ho ...
From In re: Ford Motor Co., 580 F.3d 308 (5th Cir. 2009) [Note: Corrected opinion filed 12/16/09, reported at 2009 U.S. App. LEXIS 27637]: :The issue—whether we can grant mandamus on a district court’s refusal to reconsider a pretrial MDL…
Continue Reading

“Excusable Neglect” within Federal Rule of Civil Procedure 6(b) — Unawareness of ECF Message

From Kucik v. Yamaha Motor Corp., 2009 U.S. Dist. LEXIS 96704 (N.D. Ind. Oct. 16, 2009): Before this Court can consider the merits of the spoliation argument, it must address a procedural wrinkle that presented itself when the Plaintiff failed to timely respond to the Defendant's Motion to Dismiss. The Plaintiff's counsel advised during ...
From Kucik v. Yamaha Motor Corp., 2009 U.S. Dist. LEXIS 96704 (N.D. Ind. Oct. 16, 2009): Before this Court can consider the merits of the spoliation argument, it must address a procedural wrinkle that presented itself when the Plaintiff failed…
Continue Reading

Arbitration — Generic Choice of Law Provision Does Not Opt Out of Federal Arbitration Act and Permit Expanded Appellate Review Under State Law

From Oberwager v. McKenchnie Ltd., 2009 U.S. App. LEXIS 23006 (3d Cir. Oct. 20, 2009): This case arises from a stock purchase agreement ("SPA") entered into by the parties in 1999, providing for arbitration of any dispute arising from the agreement. The SPA also contained a generic choice-of-law provision which stated that the agreemen ...
From Oberwager v. McKenchnie Ltd., 2009 U.S. App. LEXIS 23006 (3d Cir. Oct. 20, 2009): This case arises from a stock purchase agreement (“SPA”) entered into by the parties in 1999, providing for arbitration of any dispute arising from the…
Continue Reading

D.C. Circuit Declines to Decide whether Sua Sponte Sanctions May Issue Only in Circumstances “Akin to Contempt” — Lingering Circuit Split

From Lucas v. Duncan, 574 F.3d 772 (D.C. Cir. 2009): Although both Karl and the Department of Education agree that this court should review the magistrate judge's order for abuse of discretion with particular care, ... they disagree as to the substantive standard that the judge should himself have applied. Karl notes that Rule 11(c)(2), ...
From Lucas v. Duncan, 574 F.3d 772 (D.C. Cir. 2009): Although both Karl and the Department of Education agree that this court should review the magistrate judge’s order for abuse of discretion with particular care, … they disagree as to…
Continue Reading

RICO — Whistleblower’s Firing Not Caused by RICO Violations about Which He Blew the Whistle

From Donnelli v. County of Sullivan, 2009 U.S. Dist. LEXIS 66994 (S.D.N.Y. July 31, 2009): The gist of the plaintiffs' RICO claim is that the defendants were involved in an enterprise that entailed the purchase of heavy duty highway maintenance equipment in the name of Sullivan County and the illegal appropriation of such equipment for pe ...
From Donnelli v. County of Sullivan, 2009 U.S. Dist. LEXIS 66994 (S.D.N.Y. July 31, 2009): The gist of the plaintiffs’ RICO claim is that the defendants were involved in an enterprise that entailed the purchase of heavy duty highway maintenance…
Continue Reading

Mere Request in Brief for Leave to Amend, without Motion, Justifies Denial — As Does Subsequent Failure to File Proposed Amendment in District Court

From In re Novastar Fin. Inc. Secs. Litg., 2009 U.S. App. LEXIS 19634 (8th Cir. Sept. 1, 2009): "Although leave to amend 'shall be freely given when justice so requires,' see Fed. R. Civ. P. 15(a), plaintiffs do not have an absolute or automatic right to amend." U.S. ex rel. Lee v. Fairview Health Sys., 413 F.3d 748, 749 ( ...
From In re Novastar Fin. Inc. Secs. Litg., 2009 U.S. App. LEXIS 19634 (8th Cir. Sept. 1, 2009): “Although leave to amend ‘shall be freely given when justice so requires,’ see Fed. R. Civ. P. 15(a), plaintiffs do not have…
Continue Reading

Securities — No First Amendment or N.Y. Times v. Sullivan Protections for Allegedly Fraudulent Statements

From SEC v. Pirate Investor LLC, 2009 U.S. App. LEXIS 20455 (4th Cir. Sept. 15, 2009): In challenging the district court's scienter determination, Appellants contend that the First Amendment protections recognized by the Supreme Court in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S. Ct. 710, 11 L. Ed. 2d 686 (1964), apply to ...
From SEC v. Pirate Investor LLC, 2009 U.S. App. LEXIS 20455 (4th Cir. Sept. 15, 2009): In challenging the district court’s scienter determination, Appellants contend that the First Amendment protections recognized by the Supreme Court in New York Times Co.…
Continue Reading
Previous406407408409410411412Next

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