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

Greg Joseph

Judicial Notice of Internet Evidence: 12(b)(6) Motion: While Doctrine of Completeness Applies to Docs Fraud Claims Are ”Based On”, It Doesn’t Apply If Doc. Merely Cited in Complaint — No Notice of Def. Corp’s Own Website

Sturgeon v. Pharmerica Corp., 2020 U.S. Dist. LEXIS 21935, 2020 WL 586978 (E.D. Pa. Feb. 5, 2020) (note: a different portion of this Opinion is excerpted in our Feb. 10, 2020 post): Relators Lena Sturgeon, Anthony Ferrante, Anthony Sciole,…
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Judicial Notice of Internet Evidence: Info on Government Website Is Self-Authenticating, Subject to Judicial Notice — On 12(b)(6) Motion, Notice Taken Only for Existence, Not Truth, to Avoid Barring Proof on Central Issue

Sturgeon v. Pharmerica Corp., 2020 U.S. Dist. LEXIS 21935, 2020 WL 586978 (E.D. Pa. Feb. 5, 2020): *** B. Administrative Reports Courts may also take judicial notice of “records and reports of administrative bodies.”69 PharMerica requests judicial notice…
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Removal Does Not Waive Personal Jurisdiction (PJ) Defense — Nor Does Pre-Complaint Discovery If Def. Can’t Raise PJ Then — While Court Must Consider Transfer under §1631 If No PJD & Alternate Forum ID’ed, Not So If Plaintiff Can Refile There

Danziger & De Llano, LLP v. Morgan Verkamp LLC, 2020 U.S. App. LEXIS 1382 (3d Cir. Jan. 15, 2020): Removal to federal court changes the field of play, but not the game being played. Two law firms, Danziger and Morgan …
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Photos of Texts Extracted Using Cellebright UFED = Admissions, Authenticated by Location on Sender & Recipient Phones, Accurate Identification of “Mom” on One, Contents (Remember Rule 902(14) in Federal Court)

State v. Panzeca, 2020-Ohio-326 (Ohio Ct. App. Feb. 3, 2020) : [*P1]  Appellant, Amy Lea Panzeca, appeals her conviction in the Warren County Court of Common Pleas after the trial court found her guilty of two counts of permitting drug…
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Sanctions: Relative Culpability Irrelevant — Default (1) Apt for Obstruction, (2) & 7th Amendment Jury Trial Right, (3) Factors — Sanctions Veil Piercing Must Meet Normal Requirements — If No Judgment Entered (& Needed), Appeal within 180 Days

KCI USA, Inc. v. Healthcare Essentials, Inc., 2020 U.S. App. LEXIS 3129 (6th Cir. Jan 28, 2020) (upublished) (Note:  see our Jan. 22, 2020, post for the opinion vacating certain sanctions on defense counsel): Colin Tennebar flouted court orders to …
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Sanctions: §1927 for Filing Premature Notice of Appeal to Delay District Court Proceedings — No 37(c)(1) Preclusion Despite Failure to ID Witnesses in Initial Disclosures: Harmless Error Where All ID’ed in Trial Brief

Hannah v. Walmart Stores, Inc., 2020 WL 521848 (2d Cir. Feb. 3, 2020) (unpublished): *1 ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders and judgment of said District Court be and they hereby are AFFIRMED…
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No Contempt for Violating Settlement Agmt. (SA), But If SA Allows Court to Order Compliance, Contempt for Violating Order OK — Civil v. Crim Contempt (Factors): Line Can Blur in Complex Injn Cases — Fines as Compensatory

Parsons v. Ryan, 2020 U.S. App. LEXIS 2837 (9th Cir. Jan. 29, 2020): The consolidated appeals in this comeback case arise from a class-action by prisoners in the custody of the Arizona Department of Corrections (ADC) against senior ADC officials…
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Criminal Antitrust (Sherman): Federal Funds = Interstate Commerce — Bid-Rigging Implies Price Fixing — Reasonableness Irrelevant to Per Se Violation — Summary Chart Probative, Not 403 with Cautionary Instruction

United States v. Vega-Martinez, 2020 WL 502538 (1st Cir. Jan. 31, 2020): *1 The two appellants in this case are school-bus operators who contracted with the Caguas, Puerto Rico municipal school system to drive school children to and from school …
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Recent Articles

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

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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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