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

RICO: Probate Estate, Like Bankruptcy Estate, May Constitute Enterprise — Beneficiary Has Standing to Sue for Pillaging — Multiple Other Important Holdings Summarized Up Front

Summary of holdings: Standing/Ripeness:  “[C]laims for "lost debt" injuries—that is, for damages in the form of an owed, but as-yet-uncollected, amount—are unripe when parallel proceedings to collect the amount owed are ongoing in another forum.”   Standing/Ripeness
Summary of holdings: Standing/Ripeness:  “[C]laims for "lost debt" injuries—that is, for damages in the form of an owed, but as-yet-uncollected, amount—are unripe when parallel proceedings to collect the amount owed are ongoing in another forum.”   Standing/Ripeness;  A RICO …
Continue Reading

Text Authentication: Messages Received with Sender’s Name as Recorded on Recipient’s Phone, Contents Known Only to the Two of Them — Photos of Texts Properly Received in Evidence

Tran v. State, 2018 Ind. App. Unpub. LEXIS 841,  2018 WL 3468554 (Ind. Ct. App. July 19, 2018): Statement of the Case P1 James Tran appeals his convictions of nine counts of child mole ...
Tran v. State, 2018 Ind. App. Unpub. LEXIS 841,  2018 WL 3468554 (Ind. Ct. App. July 19, 2018): Statement of the Case P1 James Tran appeals his convictions of nine counts of child molesting, all as Class A felonies…
Continue Reading

Rule 16(f) Sanctions — $950 Against Counsel for Being 18 Minutes Late to Settlement Conference, Late Filing Mediation Memo ( Lacking Some Info) — Sanction Against Client Reversed: No Evidence It “Was Responsible for Or Even Knew About” Issues

Apelian v. Allstate Ins. Co., 2018 WL 3030692 (9th Cir. June 19, 2018): MEMORANDUM*   *1 Appellants Allstate Insurance Company and its trial counsel appeal a magistrate judge’s sanctions award of attorney’s fees of $12,500 plus an additional $500 against Allstate, ...
Apelian v. Allstate Ins. Co., 2018 WL 3030692 (9th Cir. June 19, 2018): MEMORANDUM*   *1 Appellants Allstate Insurance Company and its trial counsel appeal a magistrate judge’s sanctions award of attorney’s fees of $12,500 plus an additional $500 against Allstate, …
Continue Reading

Although 12(f) Motion to Strike Is Disfavored As Drastic Remedy, It Is Appropriately Granted When Post-Appeal Pleading Re-Asserts Claims Or Defenses That Were Resolved on Appeal — Such Allegations Are Impertinent

United States v. Ancient Coin Collectors Guild, 2018 WL 3734281 (4th Cir. Aug. 7, 2018): *1 This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chine ...
United States v. Ancient Coin Collectors Guild, 2018 WL 3734281 (4th Cir. Aug. 7, 2018): *1 This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the …
Continue Reading

Rule 37 Sanctions — Default Judgment Apt for Defendants’ “Pattern of Obstructionism That Prevented [Plaintiff] from Effectively Litigating Its Claims” — Recidivism: Similar Misconduct in Other Cases Noted as Supporting Sanction

Arrowhead Capital Fin., Ltd. v. Seven Arts Entm't, Inc., 2018 U.S. App. LEXIS 17956, 2018 WL 3202765 (2d Cir. June 29, 2018): SUMMARY ORDER UPON DUE ...
Arrowhead Capital Fin., Ltd. v. Seven Arts Entm't, Inc., 2018 U.S. App. LEXIS 17956, 2018 WL 3202765 (2d Cir. June 29, 2018): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of…
Continue Reading

Facebook Photo — Authentication of Photo Does Not Require Authentication of Facebook Page as Belonging to Anyone Depicted in Photograph

State v. Briggs, 2018 Tenn. Crim. App. LEXIS 576 (Tenn. Ct. App. Aug. 2, 2018): The Defendant's convictions relate to the September 7, 2014 homicide of Kenneth Koster in a t ...
State v. Briggs, 2018 Tenn. Crim. App. LEXIS 576 (Tenn. Ct. App. Aug. 2, 2018): The Defendant's convictions relate to the September 7, 2014 homicide of Kenneth Koster in a tool shed in Campbell County. The Defendant and Brad …
Continue Reading

Filing Unconditional Dismissal Stipulation under Rule 41 Strips Court of Subject Matter Jurisdiction Absent Express Contingency or Reservation of Jurisdiction — Motion to Rescind Settlement Due to Fraud Must Be Sought Per R. 60(b) — No Ancillary Jd

Nat'l City Golf Fin. v. Scott, 2018 U.S. App. LEXIS 22187 (5th Cir. Aug. 9, 2018): This appeal raises questions of judicial procedure and power arising from a lawsuit about golf car ...
Nat'l City Golf Fin. v. Scott, 2018 U.S. App. LEXIS 22187 (5th Cir. Aug. 9, 2018): This appeal raises questions of judicial procedure and power arising from a lawsuit about golf carts. After a year of federal litigation, the …
Continue Reading

Chevron Deference: Can an Agency Advance an Interpretation of a Statute for the First Time in Litigation and Demand Deference for Its View? — Circuit Split

E.I. Dupont de Nemours & Co. v. Smiley, 138 S. Ct. 2563 (2018) (Gorsuch, J., concurring): Statement of Justice Gorsuch, with whom The Chief Justice and Justice Thomas join, respecting denial o ...
E.I. Dupont de Nemours & Co. v. Smiley, 138 S. Ct. 2563 (2018) (Gorsuch, J., concurring): Statement of Justice Gorsuch, with whom The Chief Justice and Justice Thomas join, respecting denial of certiorari. Can an agency advance an interpretation …
Continue Reading

Internet Evidence: Information on Third Party Websites Is

Aguilar v. Kia Motors Am., 2018 Cal. App. Unpub. LEXIS 4764, 2018 WL 3407575 (Cal. Ct. App. July 13, 2018): I. INTRODUCTION Plaintiffs Martin Aguilar and Carmen Valenzu ...
Aguilar v. Kia Motors Am., 2018 Cal. App. Unpub. LEXIS 4764, 2018 WL 3407575 (Cal. Ct. App. July 13, 2018): I. INTRODUCTION Plaintiffs Martin Aguilar and Carmen Valenzuela appeal from a judgment following confirmation of an arbitration award. Plaintiffs…
Continue Reading

§ 1927 Sanctions Shouldn’t Chill Zealous Advocacy, Don’t Apply to Novel Arguments Not Considered by Circuit or That Challenge Precedent, But Are Apt for “Slipshod and Misleading” Argument Based on Clearly Inapposite Authority (Good Quotes)

Diaz v. Messer, 2018 U.S. App. LEXIS 20247(9th Cir. July 20, 2018) (unpublished): Appellants Charles R. Messer, David J. Kaminski, and Stephen A. Watkins-attorneys for Defendant Collecto, Inc. ...
Diaz v. Messer, 2018 U.S. App. LEXIS 20247(9th Cir. July 20, 2018) (unpublished): Appellants Charles R. Messer, David J. Kaminski, and Stephen A. Watkins-attorneys for Defendant Collecto, Inc.-challenge sanctions the district court imposed against them under 28 U.S.C. § …
Continue Reading
Previous84858687888990Next

Recent Posts

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

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)

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