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

Bruton Inapplicable to Joint Bench Trial

From Johnson v. Tennis, 2008 U.S. App. LEXIS 23849 (3d Cir. Nov. 19, 2008): Do the teachings of Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 2d 476 (1968), apply to a bench trial in a criminal proceeding? Bruton and its progeny established that in a joint criminal trial before a jury, a defendant's Sixt ...
From Johnson v. Tennis, 2008 U.S. App. LEXIS 23849 (3d Cir. Nov. 19, 2008): Do the teachings of Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 2d 476 (1968), apply to a bench trial…
Continue Reading

Expert Evidence on Summary Judgment

From Reichhold, Inc. v. U.S. Metals Refining Co., 2008 U.S. Dist. LEXIS 94584 (D.N.J. Nov. 20, 2008): In deciding whether an issue of material fact exists, the court must consider all facts and their reasonable inferences in the light most favorable to the non-moving party.... The court must consider the pleadings, depositions, answers t ...
From Reichhold, Inc. v. U.S. Metals Refining Co., 2008 U.S. Dist. LEXIS 94584 (D.N.J. Nov. 20, 2008): In deciding whether an issue of material fact exists, the court must consider all facts and their reasonable inferences in the light most…
Continue Reading

Filing Notice of Substantively Frivolous Appeal Sanctionable under 28 U.S.C. § 1927

From Gruppo v. FedEx Freight Sys., Inc., 2008 U.S. App. LEXIS 22203 (10th Cir. Oct. 15, 2008) (unpublished): Defendants have requested sanctions against Mr. Gruppo's counsel under 28 U.S.C. § 1927 on the grounds that this appeal is groundless and frivolous. Despite having the opportunity to respond to this request in a reply brief, coun ...
From Gruppo v. FedEx Freight Sys., Inc., 2008 U.S. App. LEXIS 22203 (10th Cir. Oct. 15, 2008) (unpublished): Defendants have requested sanctions against Mr. Gruppo’s counsel under 28 U.S.C. § 1927 on the grounds that this appeal is groundless and…
Continue Reading

Experts, Daubert & Junk

From McGovern v. Brigham & Women’s Hosp., 2008 U.S. Dist. LEXIS 94403 (D. Mass. Nov. 5, 2008) (Young, J.): [A] district judge performing the "gatekeeper" function required by Rule 702 of the Federal Rules of Evidence asks three preliminary questions: First, is this junk science? The Daubert analysis ought resolve ...
From McGovern v. Brigham & Women’s Hosp., 2008 U.S. Dist. LEXIS 94403 (D. Mass. Nov. 5, 2008) (Young, J.): [A] district judge performing the “gatekeeper” function required by Rule 702 of the Federal Rules of Evidence asks three preliminary questions:…
Continue Reading

Securities — Reversible Error under Tellabs to Require Inference of Scienter Be Most Compelling of Competing Inferences

From Frank v. Dana Corp., 2008 U.S. App. LEXIS 23947 (6th Cir. Nov. 19, 2008): Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the district court dismissed the complaint.... In articulating the controlling pleading standard, the district court stated that it was "required to accept plaintiff's inferences of scienter onl ...
From Frank v. Dana Corp., 2008 U.S. App. LEXIS 23947 (6th Cir. Nov. 19, 2008): Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the district court dismissed the complaint…. In articulating the controlling pleading standard, the district…
Continue Reading

Typed Signature at End of Email Satisfies Statute of Frauds

From R.D. Weis & Co. v. Children’s Place Retail Stores, 2008 U.S. Dist. LEXIS 94542 (S.D.N.Y. Nov. 19, 2008) (dicta): [Footnote] 2 The Court notes that even if no exception to the statute of frauds applies, the electronic signatures at the bottom of the e-mails may qualify as signed writings by TCP. Courts have held that a typed sign ...
From R.D. Weis & Co. v. Children’s Place Retail Stores, 2008 U.S. Dist. LEXIS 94542 (S.D.N.Y. Nov. 19, 2008) (dicta): [Footnote] 2 The Court notes that even if no exception to the statute of frauds applies, the electronic signatures at…
Continue Reading

Sanctions — Withdrawing Four Successive Putative Class Plaintiffs and Then Dismissing Action Sanctionable under 28 U.S.C. § 1927

Plaintiffs’ counsel in Jensen v. Phillips Screw Co., 2008 U.S. App. LEXIS 23076 (1st Cir. Oct. 29, 2008), proposed and withdrew four successive putative lead plaintiffs, at which point they dismissed the class action. The defense sought sanctions under 28 U.S.C. § 1927 for unreasonable and vexatious multiplication of the litigation.
Plaintiffs’ counsel in Jensen v. Phillips Screw Co., 2008 U.S. App. LEXIS 23076 (1st Cir. Oct. 29, 2008), proposed and withdrew four successive putative lead plaintiffs, at which point they dismissed the class action. The defense sought sanctions under 28…
Continue Reading

A Sensible Approach to Calming Waters Roiled by Cross-Sanctions Motions

Both the Union and the employer in Teamsters Local Union No. 473 v. Beacon Journal Publishing Co., 2008 U.S. Dist. LEXIS 78758 (N.D. Ohio Aug. 6, 2008), moved for sanctions again one another. The employer’s motion was denied for failure to satisfy the 21-day safe harbor; the Union didn’t make that mistake. Did it make sense to imposed sanctions on one ...
Both the Union and the employer in Teamsters Local Union No. 473 v. Beacon Journal Publishing Co., 2008 U.S. Dist. LEXIS 78758 (N.D. Ohio Aug. 6, 2008), moved for sanctions again one another. The employer’s motion was denied for failure…
Continue Reading

Civil RICO, Ripeness, and Extraterritoriality

A civil RICO judgment was entered against the defendant in Liquidation Comm'n of Banco Intercontinental, S.A. v. Renta, 530 F.3d 1339 (11th Cir. 2008), a Florida businessman, in the amount of approximately $177 million as a result of transactions with the plaintiff’s predecessor in interest, BanInter (Banco Intercontinental) of the Dominican Republic. As d ...
A civil RICO judgment was entered against the defendant in Liquidation Comm’n of Banco Intercontinental, S.A. v. Renta, 530 F.3d 1339 (11th Cir. 2008), a Florida businessman, in the amount of approximately $177 million as a result of transactions with…
Continue Reading

§ 1927 Sanctions for Failing to Comply with Settlement Agreement — Extrajudicial Misbehavior

From Hubbard v. Yardage Town, Inc., 2008 U.S. App. LEXIS 20896 (9th Cir. Sept. 8, 2008): The district court did not abuse its discretion in awarding sanctions in this case because Peters needlessly multiplied the litigation by refusing to comply with the parties' settlement agreement. See 28 U.S.C. § 1927 (permitting the d ...
From Hubbard v. Yardage Town, Inc., 2008 U.S. App. LEXIS 20896 (9th Cir. Sept. 8, 2008): The district court did not abuse its discretion in awarding sanctions in this case because Peters needlessly multiplied the litigation by refusing to comply…
Continue Reading
Previous437438439440441442443Next

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