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

Rule 11(b)(2) Sanctions: Relitigating in Rule 60(b) Motion Same Issues Previously Lost Is Legally Indefensible, As Is Arguing Merits when Default Judgment Was Entered

M2 Tech., Inc. v. M2 Software, Inc., 2018 WL 4191098 (5th Cir. Aug. 31, 2018) (unpublished): *1 Richard C. King, Jr., Mary Ellen King, and the King Law Group, PLLC, appeal an imposition of sanctions under Rule 11(b)(2) in the amount of $39,325.63. We affirm. I. This appeal is part of a series of ...
M2 Tech., Inc. v. M2 Software, Inc., 2018 WL 4191098 (5th Cir. Aug. 31, 2018) (unpublished): *1 Richard C. King, Jr., Mary Ellen King, and the King Law Group, PLLC, appeal an imposition of sanctions under Rule 11(b)(2) in the…
Continue Reading

YouTube Admissibility: Still Photos from Music Video Showing Defendant Holding Apparently Same Gun He Is Charged with Possessing Not Unduly Prejudicial under 403, Not Offered for Propensity in Violation of 404(b)

United States v. Washington, 2018 U.S. Dist. LEXIS 148887 (N.D. Ill. Aug. 31, 2018): This matter is before the Court on Defendant Darrius Washington's motion [110] for a new trial pursuant to
United States v. Washington, 2018 U.S. Dist. LEXIS 148887 (N.D. Ill. Aug. 31, 2018): This matter is before the Court on Defendant Darrius Washington's motion [110] for a new trial pursuant to Rule 33 of the Federal Rules of …
Continue Reading

Inherent Power Sanctions & Arbitration: Court May Not Enter Default Judgment against Party That Moved to Compel Arb. & Then Refused to Pay Arb. Fees without Inquiring as to Ability to Pay — But, If Party Was Able to Pay Yet Refused, Default May Be Apt

Hernandez v. Acosta Tractors, Inc., 2018 U.S. App. LEXIS 22068, 2018 WL 3761126 (11th Cir. Aug. 8, 2018): This case asks us to consider whether a District Court can properly enter a default judgment b ...
Hernandez v. Acosta Tractors, Inc., 2018 U.S. App. LEXIS 22068, 2018 WL 3761126 (11th Cir. Aug. 8, 2018): This case asks us to consider whether a District Court can properly enter a default judgment based on a party's failure …
Continue Reading

Plaintiff Has Right to Withdraw Rule 41(a)(2) Motion to Dismiss If It Does Not Wish to Acquiesce to Terms Set by Court for Granting the Motion — Open Question: Are Some Conditions So Minimal There Are Exceptions to This Rule?

Paysys Int'l, Inc. v. Atos IT Servs. Ltd., 2018 U.S. App. LEXIS 23067, 2018 WL 3965723 (2d Cir. Aug. 20, 2018): Plaintiff-appellant Paysys International [*2]  ("Paysy ...
Paysys Int'l, Inc. v. Atos IT Servs. Ltd., 2018 U.S. App. LEXIS 23067, 2018 WL 3965723 (2d Cir. Aug. 20, 2018): Plaintiff-appellant Paysys International [*2]  ("Paysys") moved to voluntarily dismiss its case with prejudice pursuant to Rule 41(a)(2) …
Continue Reading

Removal: Forum Defendant May Remove at Any Time Before S/he Is “Properly Joined and Served” within § 1441(b)(2) (3d Circuit) — Matter of First Impression in Courts of Appeals

Encompass Ins. Co. v. Stone Mansion Rest. Inc., 2018 U.S. App. LEXIS 23576 (3d Cir. Aug. 22, 2018): This appeal, which presents issues of statutory interpretation, stems from a tragic ...
Encompass Ins. Co. v. Stone Mansion Rest. Inc., 2018 U.S. App. LEXIS 23576 (3d Cir. Aug. 22, 2018): This appeal, which presents issues of statutory interpretation, stems from a tragic automobile crash that killed the intoxicated driver and seriously…
Continue Reading

RICO: No Proximate Cause Alleged by Retailers Claiming Lost Sales Due to Smuggling — Decision Not to Buy ≠ Predicate Act — Intention, Foreseeability Irrelevant (Good Quotes) — Wire Fraud: 3 Factors

Empire Merchs., LLC v. Reliable Churchill LLLP, 902 F.3d 132 (2d Cir. 2018); This is a case about proximate cause under the
Empire Merchs., LLC v. Reliable Churchill LLLP, 902 F.3d 132 (2d Cir. 2018); This is a case about proximate cause under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq. Plaintiff-Appellant Empire …
Continue Reading

Arbitration: Court Uses Look-Through (Not Well-Pleaded Complaint) Approach to Decide Federal Question Jurisdiction over Motion to Compel — Circuit Split as to Whether That Approach Applies to Petition to Confirm, Vacate or Modify

HealthSpring Life & Health Ins. Co. v. Tex. Health Mgmt. LLC,  , ,8 U.S. Dist. LEXIS 105467, 2018 WL 3105655 (E.D. Tex. June 25, 2018): Pending before the Court is Plaintiff HealthSpring Life ...
HealthSpring Life & Health Ins. Co. v. Tex. Health Mgmt. LLC,  , ,8 U.S. Dist. LEXIS 105467, 2018 WL 3105655 (E.D. Tex. June 25, 2018): Pending before the Court is Plaintiff HealthSpring Life & Health Insurance Company, Inc.'s ("HealthSpring")…
Continue Reading

Rule 37(e) Sanctions: Adverse Inference Instruction Requires Intentional Spoliation — Negligence Not Enough

Auer v. City of Minot, 2018 U.S. App. LEXIS 19945 (8th Cir. July 19, 2018): This is the second of what will be at least three decisions from this court arising out of Colleen Auer's one-mo ...
Auer v. City of Minot, 2018 U.S. App. LEXIS 19945 (8th Cir. July 19, 2018): This is the second of what will be at least three decisions from this court arising out of Colleen Auer's one-month stint as city…
Continue Reading

Rule 11 Sanctions Appropriate for Repeated Filing of Same Meritless Claim — Vexatious Litigant Injunctions: Factors (Second Circuit)

Ferguson v. Comm’r of Tax & Fin., 2018 WL 3098870 (2d Cir. June 25, 2018) (unpublished): *1 Appellant Jeremiah Ferguson, proceeding pro se, appeals from a May 15, 2017 judgment of the United States District Court for the Western District of New York (Siragusa, J.). Ferguson sued the New York State ...
Ferguson v. Comm’r of Tax & Fin., 2018 WL 3098870 (2d Cir. June 25, 2018) (unpublished): *1 Appellant Jeremiah Ferguson, proceeding pro se, appeals from a May 15, 2017 judgment of the United States District Court for the Western District…
Continue Reading

Inherent Power Sanctions: Threatening Witnesses on Facebook If They Cooperate with Adversary Amounts to Witness Tampering, Is Properly Sanctioned by Award of Attorney’s Fees for Time Spent on Sanctions Issue

Emerson v. Dart, 2018 WL 3853761 (7th Cir. Aug. 14, 2018): *1 Paula Emerson is a correctional officer on leave from the Cook County Department of Corrections. She alleges that two County employees unlawfully discriminated against her during her tenure at one of the County’s detention facilities. While liti ...
Emerson v. Dart, 2018 WL 3853761 (7th Cir. Aug. 14, 2018): *1 Paula Emerson is a correctional officer on leave from the Cook County Department of Corrections. She alleges that two County employees unlawfully discriminated against her during her tenure…
Continue Reading
Previous82838485868788Next

Recent Posts

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

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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