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
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The Garrulous Plaintiff — Admissibility of Lay Opinion that Defendant Is Blameless

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There was a gas explosion that damaged the plaintiffs’ van while the defendant service station was refilling the van’s propane tank. The plaintiffs later drove the van back to Quebec, junked it, and then sued, leading the Court in St. Cyr v. Flying-J, Inc., 2007 U.S. Dist. LEXIS 64156 (M.D. Fla. Aug. 30, 2007), to conclude that it would issue an adverse-inference instruction for spoliation. That was only part of the plaintiffs’ problem, however. Two employees of the service station testified that one of the elderly, native-French-speaking plaintiffs opined just after the incident that the service station employees did nothing wrong and speculated that he may have himself been responsible:

Q: At any point, did you have any conversion with [the plaintiffs]?

A: The gentleman, I did....

Q: And what type of conversation was exchanged at that time?

A: Asked him if he was okay. He said that he did not feel like it was Flying J's fault that this happened.

Q: Do you recall the precise words he used?

A: He told me-he said it wasn't our-it wasn't their fault. The exact words, I don't recall, other than it's written down on the paperwork that he said it wasn't our fault-or their fault.

Q: Flying J's fault?

A: Yeah. Flying J's fault.

Q: Okay. And is there anything else that—

A: He also told me that he could have left something on inside of his van-refrigerator, water heater, whatever. He could have left it on.

District Judge Virginia M. Hernandez rejected hearsay, incompetence and rule 403 arguments, stressing that the statements were admissions and quoting the Eleventh Circuit with respect to the limited nature of Rule 403;’s proper scope:

Relevant evidence is inherently prejudicial; but it is only unfair prejudice substantially outweighing probative value, which permits exclusion of relevant matter under Rule 403. Unless trials are to be conducted on scenarios, on unreal facts tailored and sanitized for the occasion, the application of Rule 403 must be cautious and sparing. Its major function is limited to excluding matter of scant or cumulative probative force, dragged in by the heels for the sake of its probative force

Motion in limine to exclude admissions denied.

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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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