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

Public Records on Dismissal Motions — Eighth Circuit

From Vacanti v. Sunset Fin. Servs., Inc., 2009 U.S. Dist. LEXIS 23173 (D. Neb. Mar. 23, 2009): In deciding the issues raised by the Motion to Dismiss, the Court is "not precluded in [its] review of the complaint from taking notice of items in the public record." Papasan v. Allain, 478 U.S. 265, 269 n. 1, 106 S. Ct. 2932, 92 L. Ed ...
From Vacanti v. Sunset Fin. Servs., Inc., 2009 U.S. Dist. LEXIS 23173 (D. Neb. Mar. 23, 2009): In deciding the issues raised by the Motion to Dismiss, the Court is “not precluded in [its] review of the complaint from taking…
Continue Reading

Supreme Court Decisions Affecting Federal Civil Practice — 2009

A new article on the Recent Articles page (Supreme Court on Civil Practice 2009) analyzes the four most significant Supreme Court decisions this term affecting federal civil practice. ...
A new article on the Recent Articles page (Supreme Court on Civil Practice 2009) analyzes the four most significant Supreme Court decisions this term affecting federal civil practice.
Continue Reading

Reverse 404(b) Evidence — Character of Non-Party

From United States v. Duran-Moreno, 2009 U.S. Dist. LEXIS 47150 (D.N.M. April 20, 2009): The United States Court of Appeals for the Tenth Circuit has held that rule 404(b)'s prohibition applies to a defendant who wishes to introduce evidence of wrongdoing by another to establish his innocence. See United States v. Puckett, 692 F.2 ...
From United States v. Duran-Moreno, 2009 U.S. Dist. LEXIS 47150 (D.N.M. April 20, 2009): The United States Court of Appeals for the Tenth Circuit has held that rule 404(b)’s prohibition applies to a defendant who wishes to introduce evidence of…
Continue Reading

Experts — Reliance on the Reports of Others

From City of Gary v. Shafer, 2009 U.S. Dist. LEXIS 47113 (N.D. Ind. June 2, 2009): An expert's opinion should not be rejected as unreliable simply because the expert relied on the reports of others. Walker v. Soo Line R. Co., 208 F.3d 581, 588 (7th Cir. 2000). Rather, experts may rely on data and other information that is supplie ...
From City of Gary v. Shafer, 2009 U.S. Dist. LEXIS 47113 (N.D. Ind. June 2, 2009): An expert’s opinion should not be rejected as unreliable simply because the expert relied on the reports of others. Walker v. Soo Line R.…
Continue Reading

American Pipe — Unlike Equitable Tolling Doctrines — Does Toll Statutes of Repose

From Arivella v. Lucent Techs., Inc., 2009 U.S. Dist. LEXIS 48591 (D. Mass. June 8, 2009): Relying primarily on Lampf v. Gilbertson, 501 U.S. 350, 363 (1991), Lucent suggests in its motion that "a statute of repose [like ERISA § 413(1)] may not be judicially tolled" ... and that consequently the plaintiffs' claims are untimely. ...
From Arivella v. Lucent Techs., Inc., 2009 U.S. Dist. LEXIS 48591 (D. Mass. June 8, 2009): Relying primarily on Lampf v. Gilbertson, 501 U.S. 350, 363 (1991), Lucent suggests in its motion that “a statute of repose [like ERISA §…
Continue Reading

RICO — Nationwide Jurisdiction under 18 U.S.C. § 1965 — Circuit Split

The plaintiff in Allstate Ins. Co. v. Plambeck, 2009 U.S. Dist. LEXIS 10302 (N.D. Tex. Jan. 30, 2009), brought this civil RICO action against chiropractors who allegedly submitted fraudulent bills and attorneys allegedly involved in the fraudulent scheme. Only one defendant resided in the district: Most courts have interpreted [18 U.S.C. ...
The plaintiff in Allstate Ins. Co. v. Plambeck, 2009 U.S. Dist. LEXIS 10302 (N.D. Tex. Jan. 30, 2009), brought this civil RICO action against chiropractors who allegedly submitted fraudulent bills and attorneys allegedly involved in the fraudulent scheme. Only one…
Continue Reading

Inherent Power Sanctions for Failure to Comply with Scheduling Order Do Not Require Showing of Bad Faith

From Washburn v. Morgado, 2009 U.S. App. LEXIS 11282 (9th Cir. May 4, 2009): Here, both parties wrote letters to Judge White informing him that they had been unable to meet the court's pretrial scheduling deadlines. He issued a written order stating that their final pretrial conference was cancelled and, in its place, the court would con ...
From Washburn v. Morgado, 2009 U.S. App. LEXIS 11282 (9th Cir. May 4, 2009): Here, both parties wrote letters to Judge White informing him that they had been unable to meet the court’s pretrial scheduling deadlines. He issued a written…
Continue Reading

Work Product Protection as Applicable Only to Parties and Inapplicable Even to Non-Parties Litigating a Related Action

From SEC v. Microtune, Inc., 2009 U.S. Dist. LEXIS 47091 (N.D. Tex. June 4, 2009) (dictum): [Footnote 3] ... Under the plain language of Rule 26(b)(3), only a party can claim work product protection. See, e.g. FTC v. Grolier, 462 U.S. 19, 25, 103 S.Ct. 2209, 2213, 76 L.Ed.2d 387 (1983) (dictum); Tambourine Comercio Internati ...
From SEC v. Microtune, Inc., 2009 U.S. Dist. LEXIS 47091 (N.D. Tex. June 4, 2009) (dictum): [Footnote 3] … Under the plain language of Rule 26(b)(3), only a party can claim work product protection. See, e.g. FTC v. Grolier, 462…
Continue Reading

Arbitration — Order of Priority of the Federal Arbitration Act, New York Convention and Inter-American Convention (Chapters 1, 2 and 3 of Title 9)

From RZS Holdings AVV v. PDVSA Petroleos S.A., 2009 U.S. Dist. LEXIS 47126 (E.D. Va. Feb. 5, 2009): The Court holds that the terms and provisions of the Inter-American Convention on International Commercial Arbitration ("the Inter-American Convention" or "Chapter Three") govern this arbitral award, and not Chapter One of the Federal Arbi ...
From RZS Holdings AVV v. PDVSA Petroleos S.A., 2009 U.S. Dist. LEXIS 47126 (E.D. Va. Feb. 5, 2009): The Court holds that the terms and provisions of the Inter-American Convention on International Commercial Arbitration (“the Inter-American Convention” or “Chapter Three”)…
Continue Reading

Authentication of Chat Room Evidence

From State v. Bell, 2009 Ohio 2335; 2009 Ohio App. LEXIS 2112 (Ohio Ct. App. May 18, 2009): [A]ppellant argues that the trial court erred by admitting printouts of the alleged on-line conversations and e-mail messages between T.W., one of the teenage victims, and appellant "that took place through MySpace" because the disputed documents w ...
From State v. Bell, 2009 Ohio 2335; 2009 Ohio App. LEXIS 2112 (Ohio Ct. App. May 18, 2009): [A]ppellant argues that the trial court erred by admitting printouts of the alleged on-line conversations and e-mail messages between T.W., one of…
Continue Reading
Previous421422423424425426427Next

Recent Posts

New York Law Firm That Advised Florida Resident for Years Subject to Personal Jurisdiction in Florida, Thus Subject to 28 U.S.C. § 1782 in Florida — Court Cannot Amend Protective Order Following Dismissal of Case Unless the Order Retains Jurisdiction Post-Dismissal — Parties Can Enforce Stipulated Protective Order Post-Dismissal Through Breach of Contract Action

Rule 37(e)/Spoliation — “Intent to Deprive” Determined under the Preponderance of the Evidence Standard — Court May Make Determination Or Allow Jury to Do So — Lesser “Culpable Conduct” Standard of Residential Funding Continues to Apply in Second Circuit Outside ESI Context — Once Judge Has Definitively Ruled on the Record Denying A Requested Instruction, Counsel Is Not Required to Object to the Charge Again at Trial to Preserve Issue for Appeal

Rule 11 (9011) and Inherent Power Sanctions for “Unapologetic [Refusal to Apologize] Defiance” of Court’s Rules and Orders — Advising Client to Take Steps That Same Judge Had Told Lawyer Were Improper in Prior Case — Obstinate Recidivism — Silence upon Withdrawal of Motion As Rule 11 (9011) Violation (Noted But Not Addressed on Appeal)

Rule 37 Sanctions Properly Denied for Failure to Produce Documents That Were Already in the Requester’s Possession And Were Not Relevant to The Principal Issue in the Lawsuit — Experts/Daubert: Exclusion Appropriate Where Opinion Was Predicated on Erroneous Assumptions of Law

Supreme Court: Obtaining a Preliminary Injunction Does Not Render the Plaintiff a “Prevailing Party” Entitled to Attorney’s Fees — Must Win “Enduring Relief” On The Merits From A Judicial Order — Extraneous Events, Like Legislation, That Preserve The Outcome And Moot The Lawsuit Do Not Turn The Plaintiff into A Prevailing Party (Note, However, That A Defendant Need Not Obtain A Favorable Judgment On The Merits In Order To Be A “Prevailing Party”)

Supreme Court: When A Plaintiff Amends The Complaint To Delete The Federal-Law Claims That Enabled Removal To Federal Court, Leaving Only State-Law Claims, The Federal Court Loses Supplemental Jurisdiction, And The Case Must Be Remanded To State Court

Supreme Court: A Rule 41(a) Voluntary Dismissal Without Prejudice = A Final Proceeding Within Rule 60(b) — Advisory Committee Notes Are “A Reliable Source Of Insight Into The Meaning Of A Rule” — Prior to Dismissal or Entry of Judgment, A District Court May Always Rehear and Reconsider Prior Rulings

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Burden Is On Noncompliant Party to Prove Harmlessness — Court Need Not Hold Hearing If Noncompliant Party Fails to Argue Harmlessness, Even When Exclusion Is Tantamount to Dismissal

RICO: (1) Continuity: 4th Circuit Factors — (2) 4th Circuit Reserves RICO Liability for Unlawful Activities That Pose A Special Threat to Social Well-Being — (3) For Purposes of Determining Closed-Ended Continuity, Even Time-Barred Conduct Considered — (4) No Open-Ended Continuity If Racketeering Activity Has Built-In Ending Point — (5) Unlike General Federal Conspiracy, RICO Conspiracy Doesn’t Require Each Defendant to Perform an Overt Act in Furtherance of the Conspiracy

Whether Party Waived Arbitration by Litigating Is a Question for the Court, Not the Arbitrator

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