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

Duties and Discretion of District Court in Implementing Appellate Mandate

The plaintiff in Pardini v. Allegheny Intermediate Unit, 2008 U.S. App. LEXIS 10196 (3d Cir. May 12, 2008), contended that the District Court on remand had ignored the Third Circuit’s prior opinion, which held as follows regarding the plaintiff’s entitlement to recover attorneys' fees: We do not think that Mr. Pardini is precluded fr ...
The plaintiff in Pardini v. Allegheny Intermediate Unit, 2008 U.S. App. LEXIS 10196 (3d Cir. May 12, 2008), contended that the District Court on remand had ignored the Third Circuit’s prior opinion, which held as follows regarding the plaintiff’s entitlement…
Continue Reading

$50,000 Sanction Imposed on Lawyer and Client for Presenting Forged Documents to Court

From Mullins v. Allstate Ins. Co., 2008 U.S. Dist. LEXIS 34811 (E.D. Mich. April 29, 2008): Concerned about the allegations of fraud, the Court conducted a series of evidentiary hearings. At the conclusion of the hearings, the Court determined that the three documents presented by Plaintiff were indeed fraudulent. In a July 25, 2007 or ...
From Mullins v. Allstate Ins. Co., 2008 U.S. Dist. LEXIS 34811 (E.D. Mich. April 29, 2008): Concerned about the allegations of fraud, the Court conducted a series of evidentiary hearings. At the conclusion of the hearings, the Court determined that…
Continue Reading

Email Admissibility — Hearsay — Rules 807 (Catchall Exception) and 803(1) (Present Sense Impression)

The plaintiff in Trade Finance Partners, LLC v. AAR Corp, 2008 U.S. Dist. LEXIS 32512 (N.D. Ill. Mar. 31, 2008), was suing for a commission. Plaintiff TRP’s entitlement to the commission depended on characterization of the deal that the defendant (AAR) entered into Northwest Airlines (NWA). The admissibility of two emails was challenged on hearsay grounds ...
The plaintiff in Trade Finance Partners, LLC v. AAR Corp, 2008 U.S. Dist. LEXIS 32512 (N.D. Ill. Mar. 31, 2008), was suing for a commission. Plaintiff TRP’s entitlement to the commission depended on characterization of the deal that the defendant…
Continue Reading

Binding Effect of 30(b)(6) Deposition Testimony — Admission vs. Judicial Admission — Impact on Summary Judgment vs. at Trial

State Farm’s 30(b)(6) witness in State Farm Mut. Auto. Ins. Co. v. New Horizon, Inc., 2008 U.S. Dist. LEXIS 37571 (E.D. Pa. May 7, 2008), Mr. Bowles, did nothing to prepare for his testimony other than meet with counsel. Accordingly, when questioned about the basis of certain claims asserted by State Farm — one of the purposes of the deposition — “c ...
State Farm’s 30(b)(6) witness in State Farm Mut. Auto. Ins. Co. v. New Horizon, Inc., 2008 U.S. Dist. LEXIS 37571 (E.D. Pa. May 7, 2008), Mr. Bowles, did nothing to prepare for his testimony other than meet with counsel. Accordingly,…
Continue Reading

Sanctions — Experts — Misstatement of Fact in Expert Report as Potentially Outside Rule 11

Plaintiff’s expert in Vidalia Dock & Storage Co. v. Donald Engine Serv., 2008 U.S. Dist. LEXIS 32026 (W.D. La. April 17, 2008), made a misstatement of fact, asserting that the plaintiff owned a vessel (M/V CARLA J) that was owned by someone else. Plaintiff’s counsel and plaintiff were evidently aware of the error but did not correct it. The Court questi ...
Plaintiff’s expert in Vidalia Dock & Storage Co. v. Donald Engine Serv., 2008 U.S. Dist. LEXIS 32026 (W.D. La. April 17, 2008), made a misstatement of fact, asserting that the plaintiff owned a vessel (M/V CARLA J) that was owned…
Continue Reading

Securities — SEC May Not Seek Monetary Penalties for Aiding and Abetting Violations of the Investment Advisers Act

In SEC v. Bolla, 2008 U.S. Dist. LEXIS 36401 (D.D.C. May 6, 2008), United States District Judge Colleen Kollar-Kotelly held that Section 209(e) of the Advisers Act, 15 U.S.C. § 80b-9(e), does not authorize the SEC to seek, and does not confer jurisdiction on the Court to impose, monetary penalties for aiding and abetting violations of the Advisers Act. Her ...
In SEC v. Bolla, 2008 U.S. Dist. LEXIS 36401 (D.D.C. May 6, 2008), United States District Judge Colleen Kollar-Kotelly held that Section 209(e) of the Advisers Act, 15 U.S.C. § 80b-9(e), does not authorize the SEC to seek, and does…
Continue Reading

Sale of Business as Spoliation

After the plaintiff filed suit in Centimark Corp. v. Pegnato & Pegnato Roof Mgmt., Inc., 2008 U.S. Dist. LEXIS 37057 (W.D. Pa. May 5, 2008), the corporate defendant filed for bankruptcy and the individual defendants arranged for the sale of all of the corporation's assets (a sale that was approved by the bankruptcy court). No provision was made in the contra ...
After the plaintiff filed suit in Centimark Corp. v. Pegnato & Pegnato Roof Mgmt., Inc., 2008 U.S. Dist. LEXIS 37057 (W.D. Pa. May 5, 2008), the corporate defendant filed for bankruptcy and the individual defendants arranged for the sale of…
Continue Reading

Expert Report and Evidence Checklist

From Brawhaw v. Mariner Health Care, Inc., 2008 U.S. Dist. LEXIS 37884 (N.D. Miss. May 8, 2008): Fed. R. Civ. P. 26(a)(2) 1. Did the expert turn in an expert report? 2. Did the expert report contain: (a) a complete statement of all opinions? (b) the basis and reasons t ...
From Brawhaw v. Mariner Health Care, Inc., 2008 U.S. Dist. LEXIS 37884 (N.D. Miss. May 8, 2008): Fed. R. Civ. P. 26(a)(2) 1. Did the expert turn in an expert report? 2. Did the expert report contain: (a) a complete…
Continue Reading

Rule 59 Motion for a New Trial — Criteria — Third Circuit

From Smith v. Ciritella, 2008 U.S. Dist. LEXIS 36122 (D. Del. May 5, 2008): Federal Rule of Civil Procedure 59(a) provides that: [a] new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new tria ...
From Smith v. Ciritella, 2008 U.S. Dist. LEXIS 36122 (D. Del. May 5, 2008): Federal Rule of Civil Procedure 59(a) provides that: [a] new trial may be granted to all or any of the parties and on all or part…
Continue Reading

Securities — Sanctions — Waiver of PSLRA’s Mandatory Sanctions Review Enforced

The Private Securities Litigation Reform Act of 1995 re-introduced mandatory Rule 11 sanctions (if a violation is found), just two years after the 1993 amendment to Rule 11 made sanctions discretionary. To enforce this mandate, the statute also dictates that the Court must undertake a Rule 11 review at the end of the case. 15 U.S.C. § 78u-4(c)(1) provides that, " ...
The Private Securities Litigation Reform Act of 1995 re-introduced mandatory Rule 11 sanctions (if a violation is found), just two years after the 1993 amendment to Rule 11 made sanctions discretionary. To enforce this mandate, the statute also dictates that…
Continue Reading
Previous460461462463464465466Next

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