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 2011

No Requirement of Daubert Hearing If Movant Does Not Present Opposing Expert Evidence — Instruction to Disregard Infirm Expert Evidence Suffices to Avoid Mistrial Absent Undue Prejudice

From United States v. Bachynsky, 2011 U.S. App. LEXIS 3377 (11th Cir. Feb. 18, 2011): There is no requirement that a Daubert hearing always be held. See United States v. Frazier, 387 F.3d 1244, 1264 (11th Cir. 2004); Hansen, 262 F.3d at 1234. As is well known, the trial court's obligation under Federal Rule of Evidence 702 ...
From United States v. Bachynsky, 2011 U.S. App. LEXIS 3377 (11th Cir. Feb. 18, 2011): There is no requirement that a Daubert hearing always be held. See United States v. Frazier, 387 F.3d 1244, 1264 (11th Cir. 2004); Hansen, 262…
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Sanctions Motion that Requires Reference to Dismissal Motion for Details of Frivolousness Fails Specificity Requirement of Rule 11 — At Least in the Absence of Explicit Incorporation by Reference

From Miller v. Saint Felix, 2011 U.S. App. LEXIS 2617 (11th Cir. Feb. 10, 2011) (decided under Bankruptcy Rule 9011, which is substantially identical to Federal Rule of Civil Procedure 11): In its entirety, the sanctions motion read as follows: 1. The factual and legal assertions set forth in the Plaintiff's compl ...
From Miller v. Saint Felix, 2011 U.S. App. LEXIS 2617 (11th Cir. Feb. 10, 2011) (decided under Bankruptcy Rule 9011, which is substantially identical to Federal Rule of Civil Procedure 11): In its entirety, the sanctions motion read as follows:…
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Psychotherapist-Patient Privilege Protects Communications with Unlicensed Counselor at Sex Abuse Clinic Who Works under the Supervision of a Licensed Social Worker

From Richardson v. Sexual Assault Spouse Abuse Resource Center, Inc., 2011 U.S. Dist. LEXIS 12822 (D. Md. Feb. 8, 2011): This Memorandum and Order addresses the claims of privilege that counsel for Defendants Sexual Assault/Spouse Abuse Resource Center, Inc. ("SARC"), Luiza Caiazzo-Nutter, and Stephanie Powers made at the December 7, 201 ...
From Richardson v. Sexual Assault Spouse Abuse Resource Center, Inc., 2011 U.S. Dist. LEXIS 12822 (D. Md. Feb. 8, 2011): This Memorandum and Order addresses the claims of privilege that counsel for Defendants Sexual Assault/Spouse Abuse Resource Center, Inc. (“SARC”),…
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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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