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

Experts — Guilty Knowledge and Criminal Intent Are Matters of Fact, Not Law, and Proper Topics of Expert Testimony

From United States v. Johnston, , 2009 U.S. App. LEXIS 6981 (11th Cir. Mar. 30, 2009): We also reject Johnston's argument that the experts improperly testified to legal conclusions. Although experts may not testify to legal conclusions, "testimony in the form of an opinion or inference otherwise admissible is not objectionable because it ...
From United States v. Johnston, , 2009 U.S. App. LEXIS 6981 (11th Cir. Mar. 30, 2009): We also reject Johnston’s argument that the experts improperly testified to legal conclusions. Although experts may not testify to legal conclusions, “testimony in the…
Continue Reading

Email Evidence — Attachments to Authenticated Emails Are Themselves Authenticated

From Madison Holdings, LLC v. Punch Int’l, NV, 2009 U.S. Dist. LEXIS 27406 (S.D. Tex. Mar. 31, 2009): Plaintiffs also object to documents attached to Maes' executed declaration filed on June 30, 2008. Specifically, Plaintiffs object to an email from Vandekerckhove to Maes dated July 14, 2004, a certified translation of the email, and ...
From Madison Holdings, LLC v. Punch Int’l, NV, 2009 U.S. Dist. LEXIS 27406 (S.D. Tex. Mar. 31, 2009): Plaintiffs also object to documents attached to Maes’ executed declaration filed on June 30, 2008. Specifically, Plaintiffs object to an email from…
Continue Reading

No Private Right of Action for Violation of State or Federal Rule of Civil Procedure

From Shahin v. Darling, 2009 U.S. Dist. LEXIS 26956 (D.Del. Mar. 31, 2009): Although not addressed by Delaware courts, other state courts have determined that alleged violations of state rules of civil procedure do not create a basis for civil liability. See Douglas v. Anson Fin., Inc., Civ. No. 2-05-283-CV, 2006 WL 820402 (Tex. C ...
From Shahin v. Darling, 2009 U.S. Dist. LEXIS 26956 (D.Del. Mar. 31, 2009): Although not addressed by Delaware courts, other state courts have determined that alleged violations of state rules of civil procedure do not create a basis for civil…
Continue Reading

Failure to Defend Claims Attacked by Motion to Dismiss Constitutes Abandonment — General Request that Motion Be Denied Is Insufficient

From Wright v. Brae Burn Country Club, Inc., 2009 U.S. Dist. LEXIS 26492 (S.D.N.Y. Mar. 20, 2009): When one party fails to respond to an opposing party's arguments that its claim must be dismissed, the claim may be deemed abandoned. See Brodsky v. Trumbull Bd. of Educ., No. 06 Civ. 1947 (PCD), 2009 WL 230708, at *9 (D. Conn. Jan. ...
From Wright v. Brae Burn Country Club, Inc., 2009 U.S. Dist. LEXIS 26492 (S.D.N.Y. Mar. 20, 2009): When one party fails to respond to an opposing party’s arguments that its claim must be dismissed, the claim may be deemed abandoned.…
Continue Reading

Circuit Splits on Issues of Federal Procedure: New Article

A new article on the Recent Articles page (Circuit Splits) explores persisting splits among the Circuits on selected, significant issues of removal, deposition procedure, arbitration, and statutes of limitations. ...
A new article on the Recent Articles page (Circuit Splits) explores persisting splits among the Circuits on selected, significant issues of removal, deposition procedure, arbitration, and statutes of limitations.…
Continue Reading

Filing Documents under Seal with Complaint Waives Attorney-Client Privilege and Work Product Protection — Extent of Waiver

From U.S. ex rel. Schweitzer v. Oce, N.V., 2008 U.S. Dist. LEXIS 108119 (D.D.C. Sept. 15, 2008): Stated succinctly, the question before the Court is whether filing documents under seal along with one's complaint waives the attorney-client and work product privileges. It appears that no court in this Circuit has yet addressed this particu ...
From U.S. ex rel. Schweitzer v. Oce, N.V., 2008 U.S. Dist. LEXIS 108119 (D.D.C. Sept. 15, 2008): Stated succinctly, the question before the Court is whether filing documents under seal along with one’s complaint waives the attorney-client and work product…
Continue Reading

Federal Arbitration Act & Diversity Jurisdiction (Part 2) — Jurisdiction to Confirm Award Based on Unarbitrated, Stayed Claims

Following up on our post of August 23, 2008, concerning the D.C. Circuit’s decision Karsner v. Lothian, 532 F.3d 876, 882-883 (D.C. Cir. 2008), the following is from U-Save Auto Rental of Am., Inc. v. Furlo, 2009 U.S. Dist. LEXIS 26341 (S.D. Miss. Mar. 31, 2009)): At issue on defendants' motion is whether this court had jurisdic ...
Following up on our post of August 23, 2008, concerning the D.C. Circuit’s decision Karsner v. Lothian, 532 F.3d 876, 882-883 (D.C. Cir. 2008), the following is from U-Save Auto Rental of Am., Inc. v. Furlo, 2009 U.S. Dist. LEXIS…
Continue Reading

Sanctions — Not Chilling Creativity vs. Acquiescing in Misconduct

Three cases: From Colliton v. Donnelly, 2009 U.S. Dist. LEXIS 26072 (S.D.N.Y. Mar. 27, 2009): The Supreme Court has noted that Rule 11 "must be read in light of concerns that it will . . . chill vigorous advocacy." Cooter & Gell v. Hartmarx Corp. , 496 U.S. 384, 393, 110 S. Ct. 2447 (1990). Therefore, "[w] divining the p ...
Three cases: From Colliton v. Donnelly, 2009 U.S. Dist. LEXIS 26072 (S.D.N.Y. Mar. 27, 2009): The Supreme Court has noted that Rule 11 “must be read in light of concerns that it will . . . chill vigorous advocacy.” Cooter…
Continue Reading

Spoliation — Destruction of Laptop Leads to Dismissal of Plaintiff’s Complaint and Adverse Inference on Counterclaims

From Kvitka v. Puffin Co., 2009 U.S. Dist. LEXIS 11214 (M.D. Pa. Feb. 13, 2009): Plaintiff Nancy Kvitka ("Kvitka") and Plaintiff Nikel Enterprises, Inc. ("Nikel") (collectively "Plaintiffs") purchase and sell antique French and German bisque-headed dolls made during the late Nineteenth and early Twentieth Century…. Antique Doll Collector ...
From Kvitka v. Puffin Co., 2009 U.S. Dist. LEXIS 11214 (M.D. Pa. Feb. 13, 2009): Plaintiff Nancy Kvitka (“Kvitka”) and Plaintiff Nikel Enterprises, Inc. (“Nikel”) (collectively “Plaintiffs”) purchase and sell antique French and German bisque-headed dolls made during the late…
Continue Reading

Email Evidence — Admissibility

From CA, Inc. v. Simple.com, Inc., 2009 U.S. Dist. LEXIS 25242 (E.D.N.Y. Mar. 5, 2009): When proffering emails as evidence, parties have to contend with hearsay objections, just as they would with hand written correspondences. 5 -900 Weinstein's Federal Evidence § 900.07; see also Fed. R. Evid. 802 (the hearsay rule); Gregory ...
From CA, Inc. v. Simple.com, Inc., 2009 U.S. Dist. LEXIS 25242 (E.D.N.Y. Mar. 5, 2009): When proffering emails as evidence, parties have to contend with hearsay objections, just as they would with hand written correspondences. 5 -900 Weinstein’s Federal Evidence…
Continue Reading
Previous427428429430431432433Next

Recent Posts

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

RICO: (1) Assignability of RICO Claims Uncertain — (2) Declining to Decide Whether Indirect-Purchaser Rule Applies to RICO (Given the Directness Requirement, How Much Does It Matter?) — (3) Two Types of Directness of Injury in Proximate Cause Analysis — (4) Proximate Cause As a Court Not Jury Issue in the First Instance

(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

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