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

Magistrate Judge Decisions — May or Must a District Judge Consider New Evidence When Reviewing De Novo Findings & Recommendation? — Circuit Split — Standard of Review of Unobjected to Portions

Seehawer v. McMinnville Water & Light, 2019 U.S. Dist. LEXIS 27372, 2019 WL 826454 (D. Or. Feb. 21,2019): United States Magistrate Judge John V. Acosta issued Findings and Recommendatio ...
Seehawer v. McMinnville Water & Light, 2019 U.S. Dist. LEXIS 27372, 2019 WL 826454 (D. Or. Feb. 21,2019): United States Magistrate Judge John V. Acosta issued Findings and Recommendation in this case on December 10, 2018. ECF 52. Magistrate…
Continue Reading

R. 37 Sanctions—Dismissal—R. 26(a) Violated by Disclosure of New Evid. for New Legal Theory at End of Discovery — R. 16(f) Violated Where Sched. Order Required Disclosure in Time to Allow Deps. — Court Needn’t Tick Through All Factors

Gomez v. Haystax Tech., Inc., 2019 U.S. App. LEXIS 6618 (4th Cir. Mar. 5, 2019): In this appeal, Appellant Ramona Rae Gomez, a former employee of NetCentrics and Haystax Technology (coll ...
Gomez v. Haystax Tech., Inc., 2019 U.S. App. LEXIS 6618 (4th Cir. Mar. 5, 2019): In this appeal, Appellant Ramona Rae Gomez, a former employee of NetCentrics and Haystax Technology (collectively, "Appellees"), asserts that Appellees discriminated against her in…
Continue Reading

U.S. Courts Have Power under Bankruptcy Code to Pursue Foreign Subsequent Transfers of Fraudulent Conveyance — Neither Presumption against Extraterritoriality Nor International Comity Preclude This

In re Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Inv. Secs. LLC, 2019 WL 903978 (2d Cir. Feb. 25, 2019): *1 These eighty-eight consolidated appeals arise from the ongoing fallout of Bernard Madoff’s Ponzi scheme. As alleged, Bernard L. Madoff Investment Securities LLC (“Madoff Securities ...
In re Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Inv. Secs. LLC, 2019 WL 903978 (2d Cir. Feb. 25, 2019): *1 These eighty-eight consolidated appeals arise from the ongoing fallout of Bernard Madoff’s Ponzi scheme. As…
Continue Reading

Email Warning Proprietor of Dangerous Condition ≠ Hearsay If Offered for Notice — Fact Noticed Risk Is Somewhat Different Than Risk at Issue OK — Police Officer’s Alleged History of Excessive Force ≠ Rule 406 Habit or Routine Practice

Sherrod v. Williams, 2019 U.S. Dist. LEXIS 15699 (S.D. Ohio Jan. 31, 2019): This matter is currently before the Court on several motions in limine. Defendants Officer S ...
Sherrod v. Williams, 2019 U.S. Dist. LEXIS 15699 (S.D. Ohio Jan. 31, 2019): This matter is currently before the Court on several motions in limine. Defendants Officer Sean C. Williams, Sergeant David M. Darkow, Chief Dennis Evers and the…
Continue Reading

Inherent Power Sanctions Properly Denied Where Losing Party “Vigorously Litigated” But Not in Bad Faith (Good Quote) — Whether to Hold Evidentiary Hearing on Sanctions Motion, under Rule 43(a), Is Reviewed for Abuse of Discretion

In re Johnson (Gonzalez v. Johnson), 2019 WL 126753 (9th Cir. Jan. 8, 2019) (unpublished): MEMORANDUM** *1 Defendants-Appellants appeal the district court’s affirmance of the bankruptcy court’s denial of their motion for attorneys’ fees. We affirm.
In re Johnson (Gonzalez v. Johnson), 2019 WL 126753 (9th Cir. Jan. 8, 2019) (unpublished): MEMORANDUM** *1 Defendants-Appellants appeal the district court’s affirmance of the bankruptcy court’s denial of their motion for attorneys’ fees. We affirm. 1. Defendants-Appellants contend…
Continue Reading

Appellate Jurisdiction: Rule 37 Monetary Sanctions Unappealable under Cunningham & Too Linked to Merits (+ Reviewable Later) to Fall within Collateral Order Doctrine

Siser N. Am., Inc. v. World Paper, Inc., 2018 U.S. App. LEXIS 33313 (6th Cir. Nov. 27, 2018): Michael Laurence Feinstein, former attorney for Defendants, appeals the district co ...
Siser N. Am., Inc. v. World Paper, Inc., 2018 U.S. App. LEXIS 33313 (6th Cir. Nov. 27, 2018): Michael Laurence Feinstein, former attorney for Defendants, appeals the district court's interlocutory order, ordering him to pay $76,925.53 in sanctions.…
Continue Reading

Statute of Limitations — When a Prior Lawsuit Does, and Does Not, Trigger Inquiry Notice (2d Circuit) — Similarly Situated Plaintiffs in Near Proximity (Co-Tenants) Pressing Essentially the Same Grievance against One of the Same Defendants Is Enough

421-A Tenants Ass’n, Inc. v. 125 Court Street LLC, 2019 WL 317447 (2d Cir. Jan. 23, 2019) (unpublished): *1 Plaintiffs-Appellants 421-A Tenants Association, Inc., Vinetta Scrivo, and Richard Lebed (“the tenants”) appeal from the district court’s decision dismissing their class action complaint for failure to s ...
421-A Tenants Ass’n, Inc. v. 125 Court Street LLC, 2019 WL 317447 (2d Cir. Jan. 23, 2019) (unpublished): *1 Plaintiffs-Appellants 421-A Tenants Association, Inc., Vinetta Scrivo, and Richard Lebed (“the tenants”) appeal from the district court’s decision dismissing their class…
Continue Reading

R. 37 Dismissal Sanction: Fault=Unreasonable Conduct > “Mere Mistake or Slight Error in Judgment” — No Motion to Compel OK If Actual Notice of Risk Given by Adversary — Proportional Sanction ≠ Least — Eventual Compliance Not Nec’ly Enough

Mojapelo v. Nat’l RR Passenger Corp., 2019 WL 193126 (7th Cir. Jan. 15, 2019): ORDER *1 Charles Mojapelo injured his leg while disembarking from a train operated by the National Railroad Passenger Corporation (Amtrak). He sued Amtrak for compensatory and punitive damages on theories of neglig ...
Mojapelo v. Nat’l RR Passenger Corp., 2019 WL 193126 (7th Cir. Jan. 15, 2019): ORDER *1 Charles Mojapelo injured his leg while disembarking from a train operated by the National Railroad Passenger Corporation (Amtrak). He sued Amtrak for compensatory and…
Continue Reading

Are Life Settlements Securities (Investment Contracts) under the Investment Advisers and Securities Acts? — Fact Dependent / Circuit Split

Living Bens. Asset Mgmt., L.L.C. v. Kestrel Aircraft Co. (In re Living Bens. Asset Mgmt., L.L.C.), 2019 U.S. App. LEXIS 5283 (5th Cir. Feb. 22, 2019): Debtor—plaintiff Living Benefits ...
Living Bens. Asset Mgmt., L.L.C. v. Kestrel Aircraft Co. (In re Living Bens. Asset Mgmt., L.L.C.), 2019 U.S. App. LEXIS 5283 (5th Cir. Feb. 22, 2019): Debtor—plaintiff Living Benefits Asset Management, L.L.C., brought this adversary proceeding against Kestrel Aircraft…
Continue Reading

Speedy Trial: Is a Delay of More Than 8 Months between Indictment and Trial Presumptively Prejudicial? (Maybe) — Factors for Assessing Prejudice

United States v. Sterling, 2019 WL 994520 (2d Cir. Mar. 1, 2019) (Unpublished): A jury convicted Alonzo Vernon and Kevin Sterling of (1) participating in a narcotics distribution conspiracy; (2) using, carrying, possessing, brandishing, and discharging firearms during and in relation to the narcotics distribution conspiracy; and (3) p ...
United States v. Sterling, 2019 WL 994520 (2d Cir. Mar. 1, 2019) (Unpublished): A jury convicted Alonzo Vernon and Kevin Sterling of (1) participating in a narcotics distribution conspiracy; (2) using, carrying, possessing, brandishing, and discharging firearms during and in…
Continue Reading
Previous65666768697071Next

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