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

March 2009

Rules 8(a) and 12(b)(6) — Court Not Obliged to Ferret Through Complaint in Search of Viable Claims, Even in Pro Se Action

From Sloan v. Smith, 2009 U.S. Dist. LEXIS 14346 (W.D. Va. Feb. 24, 2009): To the extent the complaint possibly could be combed to find a claim that is non-frivolous — and also not barred by res judicata, the applicable statues of limitations, or judicial or other immunity doctrines — a court is not obliged to ferret throug ...
From Sloan v. Smith, 2009 U.S. Dist. LEXIS 14346 (W.D. Va. Feb. 24, 2009): To the extent the complaint possibly could be combed to find a claim that is non-frivolous — and also not barred by res judicata, the applicable…
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Internet Evidence — Web Page from Internet Archive Properly Authenticated by Affidavit

From Masters v. UHS of Del., Inc., 2008 U.S. Dist. LEXIS 107383 (E.D. Mo. Oct.21, 2008): Plaintiff asks the Court to find that exhibit 110, a compilation of defendant's websites that had been archived by a third party, the Internet Archive, is admissible. In support of its motion, plaintiff has submitted the affidavit of Paul Hickman, an ...
From Masters v. UHS of Del., Inc., 2008 U.S. Dist. LEXIS 107383 (E.D. Mo. Oct.21, 2008): Plaintiff asks the Court to find that exhibit 110, a compilation of defendant’s websites that had been archived by a third party, the Internet…
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No Federal Jurisdiction under Grable to Hear Legal Malpractice Claim Despite Centrality of Title VII Issues

From Walker v. Dwoskin, 2009 U.S. Dist. LEXIS 10720 (W.D. Va. Feb. 12, 2009): Plaintiff filed a complaint against the Defendant on January 5, 2009 in the Circuit Court for Albemarle County, alleging that the Defendant breached his contract with the Plaintiff by failing to serve the defendant in the Title VII suits in a timely manner, and ...
From Walker v. Dwoskin, 2009 U.S. Dist. LEXIS 10720 (W.D. Va. Feb. 12, 2009): Plaintiff filed a complaint against the Defendant on January 5, 2009 in the Circuit Court for Albemarle County, alleging that the Defendant breached his contract with…
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

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.

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