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

Text Messages: Each Level of Hearsay Must Satisfy an Exception or Exemption, Here Business Record of Carrier, Admission of Party

People v. Aguilar, 2018 Cal. App. Unpub. LEXIS 4331, 2018 WL 3121533 (Cal. Ct. App. June 26, 2018): A jury found defendant and appellant Yanill Aguilar guilty of first degree murder, with firearm and g ...
People v. Aguilar, 2018 Cal. App. Unpub. LEXIS 4331, 2018 WL 3121533 (Cal. Ct. App. June 26, 2018): A jury found defendant and appellant Yanill Aguilar guilty of first degree murder, with firearm and gang enhancements. He challenges his …
Continue Reading

Post-Appellate Proceedings on Remand: Under the Rule of Mandate, District Court May Decide Anything Not Foreclosed by Mandate & May Deviate from Mandate If Doing So Is Not Counter to the Spirit of the Circuit’s Opinion

Alexander v. Wessell, 2018 WL 3433825 (9th Cir. July 17, 2018): MEMORANDUM* *1 Kevin W. Wessell appeals the district court’s amended judgment of March 6, 2017 awarding Thomas E. Alexander $ 1,574,355, along with post-judgment interest and attorney’s fees, for Wessell’s common-law fraud and viol ...
Alexander v. Wessell, 2018 WL 3433825 (9th Cir. July 17, 2018): MEMORANDUM* *1 Kevin W. Wessell appeals the district court’s amended judgment of March 6, 2017 awarding Thomas E. Alexander $ 1,574,355, along with post-judgment interest and attorney’s fees, for…
Continue Reading

Judicial Notice of Internet Evidence — Other Court’s Website (3 Cases)

1.  Demirovic v. Moss, 2018 U.S. Dist. LEXIS 124907 (E.D. Ky. July 26, 2018): Footnote 2  The Court "may take judicial notice of proceedings in other c ...
1.  Demirovic v. Moss, 2018 U.S. Dist. LEXIS 124907 (E.D. Ky. July 26, 2018): Footnote 2  The Court "may take judicial notice of proceedings in other courts of record." Granader v. PublicBank, 417 F.2d 75, 82-83 …
Continue Reading

Sanctions: Shotgun Complaint (All Counts Aimed at All Defendants, Each Incorporating All Factual Allegations) Is Facially Dismissible in 11th Circuit, Constitutes Obstruction when Filed to Delay (Here, Foreclosure) — FRAP 38 Sanctions for Appeal

Jackson v. Bank of Am., N.A., 2018 U.S. App. LEXIS 21517 (11th Cir. Aug. 3, 2018): This appeal involves an abuse of process engineered to delay or prevent execution of a forecl ...
Jackson v. Bank of Am., N.A., 2018 U.S. App. LEXIS 21517 (11th Cir. Aug. 3, 2018): This appeal involves an abuse of process engineered to delay or prevent execution of a foreclosure judgment on a residence and the consequent …
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

Facebook/Social Media Photos — Unnecessary to Authenticate Account to Authenticate Photos — Postings on Social Media Aren’t Business Records of the Platform — Circumstantial Authentication (Surroundings)

United States v. Farrad, 2018 U.S. App. LEXIS 19614 (6th Cir. July 17, 2018): Although the phrase "going undercover" may still connote high-stakes masquerading, twenty-first century undercove ...
United States v. Farrad, 2018 U.S. App. LEXIS 19614 (6th Cir. July 17, 2018): Although the phrase "going undercover" may still connote high-stakes masquerading, twenty-first century undercover investigations can begin and end in cyberspace. This case stems from an …
Continue Reading

Spoliation: Rule 37(e) Inadequate to Deal with Intentional Manipulation, Modification of ESI — Inherent Power Dismissal Apt — Appropriate to Punish Wife & Closely Held Corp., Too, when Husband Is Malefactor, Benefits All, & She Declines to Testify

Malone v. Weiss, 2018 U.S. Dist. LEXIS 129606 (E.D. Pa. Aug. 2, 2018): MEMORANDUM OPINION This case arises out of the sale of Second Opinion, Inc. ...
Malone v. Weiss, 2018 U.S. Dist. LEXIS 129606 (E.D. Pa. Aug. 2, 2018): MEMORANDUM OPINION This case arises out of the sale of Second Opinion, Inc. ("Second Opinion"), a service business which connects lawyers representing personal injury plaintiffs to …
Continue Reading

Instructions—Commingling Rule: If Case Sent to Jury on Multiple Legal Theories, 1 of Which Is Invalid, Verdict Infirm — If Multiple Factual Theories, 1 Lacking Sufficient Evidence, Not So — Circumstantial YouTube Authentication, Failure to Rebut

Nester v. Textron, Inc., 888 F.3d 151 (5th Cir. 2018): Gini Nester suffered permanent injuries when an unmanned utility vehicle ran her over. Gini and her husband sued Textron, ...
Nester v. Textron, Inc., 888 F.3d 151 (5th Cir. 2018): Gini Nester suffered permanent injuries when an unmanned utility vehicle ran her over. Gini and her husband sued Textron, the vehicle's manufacturer, alleging that the vehicle was defectively designed. …
Continue Reading

Spoliation: Fifth Circuit Requires “Bad Conduct,” Which Generally = Evidence of Bad Faith — None Present Where Irrelevant Evidence and Deleted Pursuant to Standardized Retention Policy

Bryant v. Wal-Mart La., L.L.C., 2018 U.S. App. LEXIS 18312, 2018 WL 3322871 (5th Cir. July 5, 2018) (unpublished): PER CURIAM:* ...
Bryant v. Wal-Mart La., L.L.C., 2018 U.S. App. LEXIS 18312, 2018 WL 3322871 (5th Cir. July 5, 2018) (unpublished): PER CURIAM:* The district court granted summary judgment to Wal-Mart Louisiana, L.L.C. ("Wal-Mart") on Melanee Bryant's slip-and-fall claim. We…
Continue Reading

Rule 56(f): “Naked Attack” on Credibility of Affiants — Speculation, Fanciful Allegations Not Enough — Litigation Privilege Applies Regardless of Malice, Bad Faith, If Lawyer’s Stmt Tied to Lit., “Barest Rationality” Suffices (Good Quotes)

Grayson v. Ressler & Ressler, 2018 U.S. Dist. LEXIS 126479 (S.D.N.Y. July 27, 2018): Violet Elizabeth Grayson ("Grayson" or "Plaintiff") brings this action a ...
Grayson v. Ressler & Ressler, 2018 U.S. Dist. LEXIS 126479 (S.D.N.Y. July 27, 2018): Violet Elizabeth Grayson ("Grayson" or "Plaintiff") brings this action against Ressler & Ressler, a law firm, Ellen Werther ("Werther"), and Bruce Ressler ("Ressler") (together, "Defendants").…
Continue Reading
Previous85868788899091Next

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