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

R. 37/16(f) Sanctions for Violating Protective Order by Reading Confidential Info Aloud in Court: Can’t Seek Fees for Sxs Issue from Later Fee App, Defense Fees Deducted from Any Award; Contingent Bar of Counsel from Arguing Again

In re Apple Device Performance Litig., 2019 U.S. Dist. LEXIS 100322 (N.D. Cal. June 14, 2019): ORDER RE MOTION FOR SANCTIONS Re: Dkt. N ...
In re Apple Device Performance Litig., 2019 U.S. Dist. LEXIS 100322 (N.D. Cal. June 14, 2019): ORDER RE MOTION FOR SANCTIONS Re: Dkt. No. 313 The Court expressed its disappointment with the parties, and with Mr. Cotchett and Mr.…
Continue Reading

Inherent Power to Dismiss for Want of Prosecution Animates Rule 41 — Factors (4th Cir.) ≠ “Rigid Test” — Clients Participated in Violations of Rules & Orders — Need to Alert District Court of Justifications, Else No Abuse of Discretion

Attkisson v. Holder, 2019 U.S. App. LEXIS 17882 (4th Cir. May 17, 2019, Amended June 10, 2019): Plaintiffs Sharyl Thompson Attkisson, James Howard Attk ...
Attkisson v. Holder, 2019 U.S. App. LEXIS 17882 (4th Cir. May 17, 2019, Amended June 10, 2019): Plaintiffs Sharyl Thompson Attkisson, James Howard Attkisson, [*2]  and Sarah Judith Starr Attkisson appeal from the dismissal with prejudice of their claims …
Continue Reading

Patent-Agent (PA)-Client Privilege Is Narrower Than Attorney-Client, Coextensive with Rights of PAs to Practice before USPTO, Defined by USPTO Regs: Services Nec’y to Prep /Prosecution of Patent Applications

Luv N' Care v. Williams Intellectual Prop., 2019 U.S. Dist. LEXIS 98960 (D. Colo. June 12, 2019): This matter is before the Court on Plaintiff's
Luv N' Care v. Williams Intellectual Prop., 2019 U.S. Dist. LEXIS 98960 (D. Colo. June 12, 2019): This matter is before the Court on Plaintiff's Motion to Compel Williams Intellectual Property's Compliance with Subpoena and for Expedited Briefing [#1]…
Continue Reading

Rule 11 Sanctions: No Failure to Mitigate Fees Shown Where Warning Letters Ignored — Time Spent Reviewing Social Media Posts OK — Inability to Pay May Be Offset by Deterrence — No R. 11 Fees for Time Spent on Appeal

Horen v. Board of Educ. of City of Toledo Public Sch. Dist., 2016 WL 11599934 (6th Cir. Mar. 25, 2016): *1 Glenn Horen, proceeding pro se, appeals the district court’s imposition of
Horen v. Board of Educ. of City of Toledo Public Sch. Dist., 2016 WL 11599934 (6th Cir. Mar. 25, 2016): *1 Glenn Horen, proceeding pro se, appeals the district court’s imposition of Federal Rule of Civil Procedure 11 sanctions against…
Continue Reading

RICO Extraterritoriality: Focus of Mail or Wire (MoW) Fraud Stat. Is Use of MoW in Aid of Scheme, Is Domestic If Use Is Domestic & Core Component of Scheme — Bank Fraud Domestic If Core Component Is Use of Domestic MoW to Steal Property in US

Bascuñán v. Elsaca, 2019 WL 2455168 (2d Cir. June 13, 2019) (Bascuñán II) (the Second Circuit’s opinion in Bascuñán I is contained in our November 20, 2018 blog post): *1 This is the second time we have been asked to decide whether Jorge Yarur Bascuñán and affiliated parties (collec ...
Bascuñán v. Elsaca, 2019 WL 2455168 (2d Cir. June 13, 2019) (Bascuñán II) (the Second Circuit’s opinion in Bascuñán I is contained in our November 20, 2018 blog post): *1 This is the second time we have been asked to …
Continue Reading

RICO Enterprise: Only Some Defendants with Forum Selection Clause (FSC) or Arbitration Clause — All Defs “in Cahoots” with Signatory Stuck with FSC, All Plaintiffs with Arb. Clauses May Ask FSC Court Not to Enforce Them—FSC = Fed Law Iss.

Wilson v. 5 Choices, LLC, 2019 WL 2451068 (6th Cir. June 12, 2019): *1 Rebecca K. Wilson and twenty other Plaintiffs appeal the district court’s dismissal of Plaintiffs’ claims against 5 Choices, LLC and twenty-five other Defendants. Plaintiffs argue on appeal that the district court erred in dismissing their clai ...
Wilson v. 5 Choices, LLC, 2019 WL 2451068 (6th Cir. June 12, 2019): *1 Rebecca K. Wilson and twenty other Plaintiffs appeal the district court’s dismissal of Plaintiffs’ claims against 5 Choices, LLC and twenty-five other Defendants. Plaintiffs argue on…
Continue Reading

Pro Se Not Entitled to Rule 37 Attorney’s Fees — Pro Se Lawyer May Receive Attorney’s Fees per Inherent Power — Destruction of Records Per Business Policy before Notice of Claim Unsanctionable

Lucas v. Telemarketer Calling From (407) 476-5680 & Other Tel. Nos., 2019 U.S. App. LEXIS 16106 (6th Cir. May 29, 2019) (unpublished): Vincent Lucas, a pro se ...
Lucas v. Telemarketer Calling From (407) 476-5680 & Other Tel. Nos., 2019 U.S. App. LEXIS 16106 (6th Cir. May 29, 2019) (unpublished): Vincent Lucas, a pro se Ohio resident, appeals a district court judgment dismissing his complaint based upon…
Continue Reading

New Trial for Fraud Requires More Than “Differences in Recollection or Opinion” — 60(b) Denial of New Trial for Fraud Bars New Fraud Action — Action “Plainly Barred by Res Judicata” Is Baseless, Warrants Rule 11 Sanctions (Good Quotes)

Elkharwily v. Franciscan Health Sys., 2019 WL 2406946 (9th Cir. June 7, 2019) (unpublished): MEMORANDUM* In No. 17-35009 (“Elkharwily I”), Alaa Elkharwily, M.D., appeals the district court’s judgment after a jury trial his action against Franciscan Health System (“FHS”), alleging defamation and disabili ...
Elkharwily v. Franciscan Health Sys., 2019 WL 2406946 (9th Cir. June 7, 2019) (unpublished): MEMORANDUM* In No. 17-35009 (“Elkharwily I”), Alaa Elkharwily, M.D., appeals the district court’s judgment after a jury trial his action against Franciscan Health System …
Continue Reading

RICO Not Preempted by ERISA — Issue Waived on Appeal if Arguments “Underdeveloped, Conclusory or Unsupported by Law” — Failure to “Engage with the Reasons the District Court Gave” = Waiver (Good Quotes)

DiJoseph v. Standard Ins. Co., 2019 WL 2406629 (7th Cir. June 7, 2019) (unpublished): Teresa Di Joseph appeals the district court’s dismissal of her claims against Standard Insurance Company and UnitedHealth Group. Di Joseph sued the companies for terminating her long-term disability benefits. She brought thirteen claims u ...
DiJoseph v. Standard Ins. Co., 2019 WL 2406629 (7th Cir. June 7, 2019) (unpublished): Teresa Di Joseph appeals the district court’s dismissal of her claims against Standard Insurance Company and UnitedHealth Group. Di Joseph sued the companies for terminating her …
Continue Reading

Judicial Immunity: 2 Exceptions — 26(a) Disclosure of Amount of Attorney’s Fees But Failure to Produce Discovery Justifying It = 37(c) Exclusion — 5 Factor Substantial Justification / Harmless Error Test (6th Cir. = 4th)

  HLV, LLC v. Van Buren Cnty., 2019 WL 2273400 (6th Cir. Mary 28, 2019): *1 As many cases do, this one has taken on a new life as it progressed through the courts. What began as a collection action in state court has evolved into a federal civil rights and
HLV, LLC v. Van Buren Cnty., 2019 WL 2273400 (6th Cir. Mary 28, 2019): *1 As many cases do, this one has taken on a new life as it progressed through the courts. What began as a collection action in …
Continue Reading
Previous55565758596061Next

Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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