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

RICO Enterprise — Corporation Distinct from Employees If Not Also a Defendant — Merely Defrauding ≠ Operation and Management

The plaintiff insurers in Allstate Ins. Co. v. Rozenberg, 2008 U.S. Dist. LEXIS 104735 (E.D.N.Y. Dec 29, 2008), sued several individuals who set up entities to submit fraudulent no-fault insurance claims for reimbursement of treatment never rendered. The alleged two different enterprises: the first comprised the entities through which the phony claims were ...
The plaintiff insurers in Allstate Ins. Co. v. Rozenberg, 2008 U.S. Dist. LEXIS 104735 (E.D.N.Y. Dec 29, 2008), sued several individuals who set up entities to submit fraudulent no-fault insurance claims for reimbursement of treatment never rendered. The alleged two…
Continue Reading

Sanctions — Misrepresentation to Court — Notable Quote

From United States v. Price, 2008 U.S. Dist. LEXIS 96313 (N.D. Tex. Nov. 25, 2008): An un-sanctioned bad faith misrepresentation carries with it the ability to destroy the Court's status as a hall of justice. ...
From United States v. Price, 2008 U.S. Dist. LEXIS 96313 (N.D. Tex. Nov. 25, 2008): An un-sanctioned bad faith misrepresentation carries with it the ability to destroy the Court’s status as a hall of justice.
Continue Reading

The Five Most Significant Developments in Federal Practice of 2008

1. The enactment of Federal Rule of Evidence 502. 2. Expanded judicial deference to arbitrators (Hall Street v. Mattel; Preston v. Ferrer). 3. RICO causation vs. common law causation (Bridge v. Phoenix Bond). 4. Exacerbated opacity as to preemption and punitive damages (suspects well known). 5. The financial melt ...
1. The enactment of Federal Rule of Evidence 502. 2. Expanded judicial deference to arbitrators (Hall Street v. Mattel; Preston v. Ferrer). 3. RICO causation vs. common law causation (Bridge v. Phoenix Bond). 4. Exacerbated opacity as to preemption and…
Continue Reading

Denial of Summary Judgment Unreviewable after Trial on Merits — Failure to Raise Sufficiency of the Evidence in 50(b) Motion Likely Precludes Appellate Review

From EEOC v. Southwestern Bell Tel., LP, 2008 U.S. App. LEXIS 26105 (8th Cir. Dec. 19, 2008): We will not review a district court's denial of a motion for summary judgment after a trial on the merits. See Eaddy v. Yancey, 317 F.3d 914, 916 (8th Cir. 2003) ("Even a cursory review of precedent in this Circuit reveals that we do not rev ...
From EEOC v. Southwestern Bell Tel., LP, 2008 U.S. App. LEXIS 26105 (8th Cir. Dec. 19, 2008): We will not review a district court’s denial of a motion for summary judgment after a trial on the merits. See Eaddy v.…
Continue Reading

Sanctions — Party’s Appeal of Magistrate Judge’s Order to District Court Insufficient to Sustain Circuit Jurisdiction to Entertain Defenses Personal to Party’s Counsel

After the personal injury claim against Mazda was successfully mediated, in Anthony v. Abbot, 2008 U.S. App. LEXIS 25704 (3d Cir. December 9, 2008), the defense lawyer drafted a release that extended to Mazda’s insurers and suppliers. One would have thought this unobjectionable, since the carriers would not pay without a release from Mazda and Mazda did no ...
After the personal injury claim against Mazda was successfully mediated, in Anthony v. Abbot, 2008 U.S. App. LEXIS 25704 (3d Cir. December 9, 2008), the defense lawyer drafted a release that extended to Mazda’s insurers and suppliers. One would have…
Continue Reading

Spoliation, Inherent Power and Rule 37

From Gateway Senior Housing, Ltd. v. MMA Financial, Inc., 2008 U.S. Dist. LEXIS 98770 (E.D. Tex. Dec. 4, 2008): While Rule 37 represents a significant enforcement power to punish discovery misconduct, it does not represent the "universe of potential discovery abuse." Gregory P. Joseph, Sanctions: The Federal Law of Litigation Abu ...
From Gateway Senior Housing, Ltd. v. MMA Financial, Inc., 2008 U.S. Dist. LEXIS 98770 (E.D. Tex. Dec. 4, 2008): While Rule 37 represents a significant enforcement power to punish discovery misconduct, it does not represent the “universe of potential discovery…
Continue Reading

Ability to Recover Statutory Damages under Both the Lanham Act and Copyright Act for the Same Injuries — Caselaw Split

From Lifted Research Group, Inc. v. Behdad, Inc., 2008 U.S. Dist. LEXIS 99618 (D.D.C. Dec. 10, 2008): Although Plaintiff's Motion is silent on this question, the Court finds that it is unclear whether Plaintiff is legally entitled to collect statutory damages under both the Lanham Act and the Copyright Act for the same injuries. ...
From Lifted Research Group, Inc. v. Behdad, Inc., 2008 U.S. Dist. LEXIS 99618 (D.D.C. Dec. 10, 2008): Although Plaintiff’s Motion is silent on this question, the Court finds that it is unclear whether Plaintiff is legally entitled to collect statutory…
Continue Reading

Excluding Evidence of Religious Activities as Evidence of Religious Beliefs

From Adams v. United States, 2008 U.S. Dist. LEXIS 96989 (D. Idaho Nov. 21, 2008): DuPont seeks to exclude evidence of religious beliefs. For example, [plaintiff] Stevenson's proffer states that he intends to testify as to "church involvement, including a mission for the LDS church to North Carolina in 1979 to 1981." As another example ...
From Adams v. United States, 2008 U.S. Dist. LEXIS 96989 (D. Idaho Nov. 21, 2008): DuPont seeks to exclude evidence of religious beliefs. For example, [plaintiff] Stevenson’s proffer states that he intends to testify as to “church involvement, including a…
Continue Reading

Spoliation — Not a Game of Gotcha

From Calipine Corp. v. AP&M Field Servs., Inc., 2008 U.S. Dist. LEXIS 99178 (S.D.N.Y. Dec. 9, 2008): The spoliation doctrine exists to prevent one side from denying such an opportunity to the other by destroying or altering material evidence. It does not, however, permit a party to avoid the contest by defaulting the other side through p ...
From Calipine Corp. v. AP&M Field Servs., Inc., 2008 U.S. Dist. LEXIS 99178 (S.D.N.Y. Dec. 9, 2008): The spoliation doctrine exists to prevent one side from denying such an opportunity to the other by destroying or altering material evidence. It…
Continue Reading
Previous437438439440441442443Next

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