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 Action Does Not Lie against Governmental Employee Acting within the Scope of His or Her Employment

It is well settled that governmental entities cannot be sued under RICO because they lack the necessary mens rea to commit the predicate crimes on which RICO liability depends. Joseph, Civil RICO: A Definitive Guide § 11 (2d ed. 2000). From this premise, the Ninth Circuit reasoned in Pesnell v. Arsenaut, 2008 U.S. App. LEXIS 13834 (9th Cir. ...
It is well settled that governmental entities cannot be sued under RICO because they lack the necessary mens rea to commit the predicate crimes on which RICO liability depends. Joseph, Civil RICO: A Definitive Guide § 11 (2d ed. 2000).…
Continue Reading

Securities — 10b-5 — One Theory of “Non-Verbal Deceptive Conduct” Rejected

The Second Circuit affirmed Judge Denny Chin’s judgment of acquittal of New York Stock Exchange specialist David Finnerty in United States v. Finnerty, 2008 U.S. App. LEXIS 15296 (2d Cir. July 18, 2008). Finnerty was charged with a criminal violation of § 10(b) and Rule 10b-5 by “interpositioning,” which the Court defined as arbitraging the spread bet ...
The Second Circuit affirmed Judge Denny Chin’s judgment of acquittal of New York Stock Exchange specialist David Finnerty in United States v. Finnerty, 2008 U.S. App. LEXIS 15296 (2d Cir. July 18, 2008). Finnerty was charged with a criminal violation…
Continue Reading

Depositions — Rule 30(e) — Deponent May Change Testimony Substantively, But Failure to Set Forth Reasons for Changes in Errata Sheet Requires Striking of All Changes — Filing of Amended Errata Sheet Barred

The plaintiff’s expert in Betts v. General Motors Corp., 2008 U.S. Dist. LEXIS 54350 (N.D. Miss. July 16, 2008), made material changes to his deposition testimony in his errata sheet but gave no reason for the changes. Held, changes barred and no amended errata sheet permitted: Rule 30(e) of the Federal Rules of Civil Procedure provide ...
The plaintiff’s expert in Betts v. General Motors Corp., 2008 U.S. Dist. LEXIS 54350 (N.D. Miss. July 16, 2008), made material changes to his deposition testimony in his errata sheet but gave no reason for the changes. Held, changes barred…
Continue Reading

Sanctions — Defense of Inability to Pay Requires Showing of Inability to Pay on Installment Basis

From Wallace v. UAW Local 1639, 2008 U.S. Dist. LEXIS 52750 (S.D. Ala. July 9, 2008), a pro se action by a union member against a union alleging civil rights violations in connection with her employment: The Court understands that Wallace has suggested in passing that she is impoverished and unable to pay the $1,754.05 sanction imposed ...
From Wallace v. UAW Local 1639, 2008 U.S. Dist. LEXIS 52750 (S.D. Ala. July 9, 2008), a pro se action by a union member against a union alleging civil rights violations in connection with her employment: The Court understands that…
Continue Reading

Sanctions Vacated Due to Judge’s Erroneous View of Law — Good Quote

After losing a state court judgment, HealthNet, Inc. filed a federal action to block enforcement of that judgment. The trial judge dismissed the action and imposed sanctions on HealthNet’s counsel. The Fifth Circuit, in HealthNet, Inc. v. Wooley, 2008 U.S. App. LEXIS 14326 (5th Cir. July 8, 2008), affirmed the dismissal but overturned the sanctions:
After losing a state court judgment, HealthNet, Inc. filed a federal action to block enforcement of that judgment. The trial judge dismissed the action and imposed sanctions on HealthNet’s counsel. The Fifth Circuit, in HealthNet, Inc. v. Wooley, 2008 U.S.…
Continue Reading

Dismissal without Prejudice Appealable if Entered on Forum Non Conveniens Grounds

The Seventh Circuit held in Lopez de Manez v. Bridgestone Firestone N. Am. Tire, LLC, 2008 U.S. App. LEXIS 14802 (7th Cir. July 11, 2008), that an order dismissing a case on forum non conveniens grounds is appealable because it terminates the action and is denominated “without prejudice” simply to make it clear that the plaintiff may proceed in an alterna ...
The Seventh Circuit held in Lopez de Manez v. Bridgestone Firestone N. Am. Tire, LLC, 2008 U.S. App. LEXIS 14802 (7th Cir. July 11, 2008), that an order dismissing a case on forum non conveniens grounds is appealable because it…
Continue Reading

Non-Party Sanctioned by Special Master for Recalcitrance in Responding to Subpoena

The non-party recipient of a Rule 45 subpoena in In re Intel Corp. Microprocessor Antitrust Litig., 2007 LEXIS 97229 (D. Del. Dec. 13, 2007) was found by the Special Master to have engaged in obstruction and other misconduct in responding (or, more precisely, failing to respond) to a subpoena. The misconduct included: 1. Taking the posi ...
The non-party recipient of a Rule 45 subpoena in In re Intel Corp. Microprocessor Antitrust Litig., 2007 LEXIS 97229 (D. Del. Dec. 13, 2007) was found by the Special Master to have engaged in obstruction and other misconduct in responding…
Continue Reading

Court’s Reliance on Unsworn Expert Reports in Granting Summary Judgment Requires Reversal — Objection in Opposition Brief Suffices

From Sigler v. Am. Honda Motor Co., 2008 U.S. App. LEXIS 14479 (6th Cir. July 8, 2008): Sigler argues that the district court improperly relied upon three expert reports that Honda attached to its Motion for Summary Judgment. *** The district court's opinion contained substantial discussion of these reports and clearly relied on them. ** ...
From Sigler v. Am. Honda Motor Co., 2008 U.S. App. LEXIS 14479 (6th Cir. July 8, 2008): Sigler argues that the district court improperly relied upon three expert reports that Honda attached to its Motion for Summary Judgment. *** The…
Continue Reading

Securities — Statistical Significance Not Subject to Judicial Notice — One-Year Statute of Limitations for § 18 Claims — Market Manipulation Requires More than False or Omissive Statements

From In re Pfizer Inc. Secs. Liti., 2008 U.S. Dist. LEXIS 50923 (S.D.N.Y. July 1, 2008): • No Judicial Notice of Statistical Significance. “The Court declines to take judicial notice of the meaning of statistical significance or of the data interpretations proffered by Defendants in the context of this motion practice. R ...
From In re Pfizer Inc. Secs. Liti., 2008 U.S. Dist. LEXIS 50923 (S.D.N.Y. July 1, 2008): • No Judicial Notice of Statistical Significance. “The Court declines to take judicial notice of the meaning of statistical significance or of the data…
Continue Reading

RICO — Continuity — The Longer the Duration, The Less Significant Other Factors Become

From Fresh Meadow Food Services, LLC v. RB 175 Corp., 2008 U.S. App. LEXIS 13392 (2d Cir. June 24, 2008): As we have repeatedly observed, we have "never found a closed-ended pattern where the predicate acts spanned fewer than two years." First Capital Asset Mgmt., Inc. v. Satinwood, Inc., 385 F.3d 159, 181 (2d Cir. 2004); see ...
From Fresh Meadow Food Services, LLC v. RB 175 Corp., 2008 U.S. App. LEXIS 13392 (2d Cir. June 24, 2008): As we have repeatedly observed, we have “never found a closed-ended pattern where the predicate acts spanned fewer than two…
Continue Reading
Previous450451452453454455456Next

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