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

Email Strings — Unprivileged Email Privileged in String Transmitted to Attorney

From Barton v. Zimmer Inc., 2008 U.S. Dist. LEXIS 1296 (N.D. Ind. Jan. 7, 2008) (citations omitted): 1. “E-mails, with sometimes different and multiple recipients and authors, add complexity to the analysis of the attorney-client privilege.... ‘Email strands can span over several days, and they may have many different recipients and ...
From Barton v. Zimmer Inc., 2008 U.S. Dist. LEXIS 1296 (N.D. Ind. Jan. 7, 2008) (citations omitted): 1. “E-mails, with sometimes different and multiple recipients and authors, add complexity to the analysis of the attorney-client privilege…. ‘Email strands can span…
Continue Reading

Who Knew? Civility Required in New York State Depositions

Echoing the justification of hordes of surly lawyers, the plaintiff’s counsel in Laddcap Value Partners LP v. Lowenstein Sandler PC, 2007 N.Y. Misc. LEXIS 8642; 238 N.Y.L.J. 116 (Sup. Ct. N.Y. Co. Dec. 5, 2007) — when called to task for speaking objections, sexist comments and generally obnoxious behavior — defended with the assertion that “while he ...
Echoing the justification of hordes of surly lawyers, the plaintiff’s counsel in Laddcap Value Partners LP v. Lowenstein Sandler PC, 2007 N.Y. Misc. LEXIS 8642; 238 N.Y.L.J. 116 (Sup. Ct. N.Y. Co. Dec. 5, 2007) — when called to task…
Continue Reading

Tellabs on Remand — Complaint Upheld — Confidential Sources Generally OK

On remand from the Supreme Court, the Seventh Circuit upheld the complaint in Makor Issues & Rights Ltd. v Tellabs Inc., 2008 U.S. App. LEXIS 975 (7th Cir. 2005). In the course of doing so, it sharply circumscribed its prohibition against plaintiffs’ relying on confidential sources in their complaints (see our post of July 29, 2007, discussing Higgingotham v. Bax ...
On remand from the Supreme Court, the Seventh Circuit upheld the complaint in Makor Issues & Rights Ltd. v Tellabs Inc., 2008 U.S. App. LEXIS 975 (7th Cir. 2005). In the course of doing so, it sharply circumscribed its prohibition…
Continue Reading

Twombly and Rule 12(e) — FJC Rule 12(e) Study

Download associated file: FJC 12e Paper.pdf  At the meeting of Standing Committee on Rules of Practice and Procedure last week at Pasadena, the Chair, Judge Lee Rosenthal, raised the question as to whether Rule 12(e) (Motion for a More Definite Statement) is still useful ...
Download associated file: FJC 12e Paper.pdf  At the meeting of Standing Committee on Rules of Practice and Procedure last week at Pasadena, the Chair, Judge Lee Rosenthal, raised the question as to whether Rule 12(e) (Motion for a More…
Continue Reading

Sanctions — Failure to Oppose Partial Summary Judgment ≠ Evidence of Bad Faith

The plaintiff in Heary Bros. Lightning Protection Co. v. Lightning Protection Corp., 2008 U.S. App. LEXIS 377 (9th Cir. Jan. 4, 2008), opposed the defendants’ motion for summary judgment on its Sherman Act claims but did not oppose summary judgment on three other counts. The District Court imposed sanctions under the inherent power of the court, finding “that t ...
The plaintiff in Heary Bros. Lightning Protection Co. v. Lightning Protection Corp., 2008 U.S. App. LEXIS 377 (9th Cir. Jan. 4, 2008), opposed the defendants’ motion for summary judgment on its Sherman Act claims but did not oppose summary judgment…
Continue Reading

Affirmative Defense of Recoupment as Offset Barred by Statute of Limitations?

In a suit for unpaid sales commissions, Mikels v. Unique Tool & Mfg. Co., 2007 U.S. Dist. LEXIS 91814 (W.D. N.C. Dec. 3, 2007), the defendant asserted as an affirmative defense the right to offset against any recovery "any previous overpayment of commissions" paid to the plaintiff. The plaintiff moved for summary judgment on the ground that, while his claim was tim ...
In a suit for unpaid sales commissions, Mikels v. Unique Tool & Mfg. Co., 2007 U.S. Dist. LEXIS 91814 (W.D. N.C. Dec. 3, 2007), the defendant asserted as an affirmative defense the right to offset against any recovery “any previous…
Continue Reading

Grable — Federal Jurisdiction Through Conflict with Pending Federal Agency Order — Incomplete Preemption Not Enough

Massachusetts brought an action in state court against a lender charging that its sub-prime mortgage practices violated state consumer protection statutes, in Com’w of Massachusetts v. Fremont Inv. & Loan, 2007 U.S. Dist. LEXIS 95617 (D. Mass. Dec. 26, 2007). The lender removed to federal court alleging that some of the relief sought in the complaint “may or do ...
Massachusetts brought an action in state court against a lender charging that its sub-prime mortgage practices violated state consumer protection statutes, in Com’w of Massachusetts v. Fremont Inv. & Loan, 2007 U.S. Dist. LEXIS 95617 (D. Mass. Dec. 26, 2007).…
Continue Reading

Securities Circuit Split — Does PSLRA Affect the Liberal Pleading Amendment Standard of Rule 15?

In its first post-Tellabs securities decision, the First Circuit in ACA Fin. Guar. Corp. v. Advest, Inc., 2008 U.S. App. LEXIS 451 (1st Cir. Jan. 10, 2008), decided a series of pleading questions and held that the customary liberal pleading standard of Rule 15(a) survives enactment of the Private Securities Litigation Reform Act. The Circuits are split as t ...
In its first post-Tellabs securities decision, the First Circuit in ACA Fin. Guar. Corp. v. Advest, Inc., 2008 U.S. App. LEXIS 451 (1st Cir. Jan. 10, 2008), decided a series of pleading questions and held that the customary liberal pleading…
Continue Reading

Third Party Statements Quoted on Website as Party Admissions

In order to prove that the defendant’s product contained ingredients patented by the plaintiff, the plaintiff in Mannatech Inc. v. Glycobiotics Int’l, Inc., 2007 U.S. Dist. LEXIS 91946 (N.D. Tex. Dec. 14, 2007), offered customer testimonials contained on the defendant’s website. Without deciding the issue, the Court indicated that the testimonials could be ad ...
In order to prove that the defendant’s product contained ingredients patented by the plaintiff, the plaintiff in Mannatech Inc. v. Glycobiotics Int’l, Inc., 2007 U.S. Dist. LEXIS 91946 (N.D. Tex. Dec. 14, 2007), offered customer testimonials contained on the defendant’s…
Continue Reading

Footnote of the Day

From Winters v. Stemberg, 2008 U.S. Dist. LEXIS 778, at *36 n.7 (D. Mass. Jan. 4, 2008): *** See generally Gregory P. Joseph, Federal Litigation — Where Did It Go Off Track? (forthcoming 2008) (brief but brilliant synopsis noting the PSLRA as one reason why "today, plaintiffs with non-federal causes of action flee federal ...
From Winters v. Stemberg, 2008 U.S. Dist. LEXIS 778, at *36 n.7 (D. Mass. Jan. 4, 2008): *** See generally Gregory P. Joseph, Federal Litigation — Where Did It Go Off Track? (forthcoming 2008) (brief but brilliant synopsis noting the…
Continue Reading
Previous473474475476477478479Next

Recent Posts

RICO Person vs. Enterprise: Subsidiary in Typical Corporate Structure Does Not Control Parent And Therefore Does Not Conduct Parent’s Affairs

Patently Frivolous RICO Complaint Fails to Confer Federal Question Jurisdiction — Subject to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction

Inherent Power Sanctions — Dismissal — Abuse of Discretion Review Is “More Exacting” When Judge is “Accuser, Fact Finder and Sentencing Judge All in One” — Client Responsible for Her Lawyer’s Discovery Defalcations — No Need for Evidentiary Hearing When Sanctions Based Entirely on an Established Record — Lesser Sanctions Reasonably Determined to be Ineffective Given Record of Repeated Discovery Abuses

Inherent Power Sanction of Dismissal for Fraud on the Court — Fabrication of Evidence and Lying about It to the Court — 2-Part Test for Dismissal Sanction (Eleventh Circuit) — Whether Fraud on Court Was Committed for the Court, Not a Jury

New York Law Firm That Advised Florida Resident for Years Subject to Personal Jurisdiction in Florida, Thus Subject to 28 U.S.C. § 1782 in Florida — Court Cannot Amend Protective Order Following Dismissal of Case Unless the Order Retains Jurisdiction Post-Dismissal — Parties Can Enforce Stipulated Protective Order Post-Dismissal Through Breach of Contract Action

Rule 37(e)/Spoliation — “Intent to Deprive” Determined under the Preponderance of the Evidence Standard — Court May Make Determination Or Allow Jury to Do So — Lesser “Culpable Conduct” Standard of Residential Funding Continues to Apply in Second Circuit Outside ESI Context — Once Judge Has Definitively Ruled on the Record Denying A Requested Instruction, Counsel Is Not Required to Object to the Charge Again at Trial to Preserve Issue for Appeal

Rule 11 (9011) and Inherent Power Sanctions for “Unapologetic [Refusal to Apologize] Defiance” of Court’s Rules and Orders — Advising Client to Take Steps That Same Judge Had Told Lawyer Were Improper in Prior Case — Obstinate Recidivism — Silence upon Withdrawal of Motion As Rule 11 (9011) Violation (Noted But Not Addressed on Appeal)

Rule 37 Sanctions Properly Denied for Failure to Produce Documents That Were Already in the Requester’s Possession And Were Not Relevant to The Principal Issue in the Lawsuit — Experts/Daubert: Exclusion Appropriate Where Opinion Was Predicated on Erroneous Assumptions of Law

Supreme Court: Obtaining a Preliminary Injunction Does Not Render the Plaintiff a “Prevailing Party” Entitled to Attorney’s Fees — Must Win “Enduring Relief” On The Merits From A Judicial Order — Extraneous Events, Like Legislation, That Preserve The Outcome And Moot The Lawsuit Do Not Turn The Plaintiff into A Prevailing Party (Note, However, That A Defendant Need Not Obtain A Favorable Judgment On The Merits In Order To Be A “Prevailing Party”)

Supreme Court: When A Plaintiff Amends The Complaint To Delete The Federal-Law Claims That Enabled Removal To Federal Court, Leaving Only State-Law Claims, The Federal Court Loses Supplemental Jurisdiction, And The Case Must Be Remanded To State Court

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