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

Rule 37(b) Sanctions — Dismissal — Requisite “Fault” Does Not Require a Showing of Intent — Extraordinarily Poor Judgment or Gross Negligence Is Enough (Good Quote)

Williams v. Wahner, 2018 WL 1287407 (7th Cir. Mar. 13, 2018): Tyrone Williams, a former pretrial detainee at the Moultrie County Jail, appeals the dismissal of his civil rights suit against the County, the sheriff, and the jail administrator. The district court dismissed Williams’s suit under
Williams v. Wahner, 2018 WL 1287407 (7th Cir. Mar. 13, 2018): Tyrone Williams, a former pretrial detainee at the Moultrie County Jail, appeals the dismissal of his civil rights suit against the County, the sheriff, and the jail administrator. The…
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Judicial Notice of Internet Evidence Not Permitted on Suppression Motion in Mass. — Court-Initiated JN Requires Notice to Parties & Opportunity to Be Heard (Note: Mass. Has Special Rule 201(c) Prohibiting JN of Element of Offense in Criminal Case)

Commonwealth v. Hilaire, 92 Mass. App. Ct. 784, 2018 Mass. App. LEXIS 21 (2018): At issue is whether there was reasonable suspicion to stop the defendant and search his backpack severa ...
Commonwealth v. Hilaire, 92 Mass. App. Ct. 784, 2018 Mass. App. LEXIS 21 (2018): At issue is whether there was reasonable suspicion to stop the defendant and search his backpack several  [*785]  hours after an armed home invasion had …
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Facebook Authentication — 902(11) Certification from Facebook Custodian Plus Contents Tying Account to Party (Photos, Phone Number, Self-Identification Message Contents)

United States v. Landaverde-Giron, 2018 U.S. Dist. LEXIS 24743, 2018 WL 902168 (D. Md. Feb. 14, 2018): Raul Ernesto Landaverde-Giron has been charged with five felony counts related to ...
United States v. Landaverde-Giron, 2018 U.S. Dist. LEXIS 24743, 2018 WL 902168 (D. Md. Feb. 14, 2018): Raul Ernesto Landaverde-Giron has been charged with five felony counts related to his alleged participation in the gang known as La Mara …
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Appeals—Jurisdiction: Dist. Ct. Cannot Extend 59(e) Deadline & Party Cannot Rely on An Extension Given — Untimely 59(e) Motion Should Be Deemed 60(b) Motion — Rule 11 Sanctions Denied for Lack of Separate Motion & Failure to Afford Safe Harbor

Colter v. Omni Ins. Co., 2018 WL 898679 (4th Cir. Feb. 15, 2018): PER CURIAM: Allison Colter appeals the district court’s order dismissing her complaint pursuant to
Colter v. Omni Ins. Co., 2018 WL 898679 (4th Cir. Feb. 15, 2018): PER CURIAM: Allison Colter appeals the district court’s order dismissing her complaint pursuant to Fed. R. Civ. P. 12(b)(6), and denying her motion to amend her…
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Contractual Jury Waivers — Effectiveness — Factors; Federal vs. State Standard — Who Bears Burden of Proving Waiver Was Knowing and Voluntary? — Circuit Split

Contractual Jury Waivers — Effectiveness — Factors — Who Bears Burden of Proving Waiver Was Knowing and Voluntary? — Circuit Split Smith v. Bank of Haw., 2018 U.S. Dist. LEXIS 37648 (D. Haw. Mar. 7 ...
Contractual Jury Waivers — Effectiveness — Factors — Who Bears Burden of Proving Waiver Was Knowing and Voluntary? — Circuit Split Smith v. Bank of Haw., 2018 U.S. Dist. LEXIS 37648 (D. Haw. Mar. 7, 2018): B. Motion to …
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Judicial Notice of Briefs/Filings in Different Court OK, But Not for Truth — No §1927 Sanctions for Conduct in Another Court — Disqualification: Standing Requires Prior Attorney-Client Relationship Or Breach That “Infects the Litigation”

Smith v. Cook, 2018 U.S. Dist. LEXIS 37615 (S.D. Cal. Mar. 7, 2018): ORDER: (1) DENYING PLAINTIFF'S MOTION FOR WITHDRAWAL OF DEFENDANT'S ATTORNEYS; AND (2) DEN ...
Smith v. Cook, 2018 U.S. Dist. LEXIS 37615 (S.D. Cal. Mar. 7, 2018): ORDER: (1) DENYING PLAINTIFF'S MOTION FOR WITHDRAWAL OF DEFENDANT'S ATTORNEYS; AND (2) DENYING PLAINTIFF'S MOTION FOR SANCTIONS (Doc. Nos. 22, 32) Pending before the Court…
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The Exceptional-Case Standard for Awarding Attorney’s Fees under the Lanham Act (15 U.S.C. §1117(a)) Is Identical to the Exceptional-Case Standard Applied in Patent Cases (under 35 U.S.C. §285) — 11th Circuit Joins 3d, 4th, 5th, 9th & Fed Circuits

Tobinick v. Novella, 2018 U.S. App. LEXIS 5845 (11th Cir. Mar. 8, 2018): Dr. Edward Tobinick appeals the District Court's award of attorney's fees to Dr. Steven Novella. Dr. Tobinick a ...
Tobinick v. Novella, 2018 U.S. App. LEXIS 5845 (11th Cir. Mar. 8, 2018): Dr. Edward Tobinick appeals the District Court's award of attorney's fees to Dr. Steven Novella. Dr. Tobinick argues both that the District Court's decision to award…
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Pleading RICO: “Conclusory Allegations, Unwarranted Factual Inferences, and Legal Conclusions” Insufficient — Appeals: Issues Waived by Making No More Than “Conclusional Assertions” That Complaint Is Adequate (Good Quotes)

Van Velzer v. Amegy Bank, 2018 WL 1135060 (5th Cir. Mar. 1, 2018): PER CURIAM:* David Van Velzer appeals the dismissal of his civil action by the district court for failure to state a claim under
Van Velzer v. Amegy Bank, 2018 WL 1135060 (5th Cir. Mar. 1, 2018): PER CURIAM:* David Van Velzer appeals the dismissal of his civil action by the district court for failure to state a claim under Federal Rule of Civil …
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YouTube Video Inadmissible on Motion to Dismiss Absent 902(11) Certification from Custodian of Records or Alternate Theory of Prima Facie Authenticity

Ratner v. Kohler, 2018 U.S. Dist. LEXIS 30761 (D. Hawaii Feb. 26, 2018): ORDER DENYING DEFENDANT MELANIE KOHLER'S MOTION TO DISMISS THE COMPLAINT FILED NOVEMBER 1, 2017 and HOLDING IN ABEYANCE DEFENDANT MELANIE KOHLER'S SPECIAL MOTION TO STRIKE THE COMPLAINT FILED NOVEMBER 1, 2017 (ECF No. 26) On or abo ...
Ratner v. Kohler, 2018 U.S. Dist. LEXIS 30761 (D. Hawaii Feb. 26, 2018): ORDER DENYING DEFENDANT MELANIE KOHLER'S MOTION TO DISMISS THE COMPLAINT FILED NOVEMBER 1, 2017 and HOLDING IN ABEYANCE DEFENDANT MELANIE KOHLER'S SPECIAL MOTION TO STRIKE THE COMPLAINT …
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Recent Posts

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

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

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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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