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

First-Filed Rule: Does the Date the Complaint Was Filed in State Court Control or the Date It Was Removed? — Circuit Split

Monzo v. Bazos, 2017 U.S. Dist. LEXIS 178038 (E.D. Pa. Oct. 26, 2017): This case arises out of a dispute over a business partnership that fell apart shortly after it began, leading to a fight over the pieces. Both parties initiated litigation in Pennsylvania state court, and then seemingly reached an agreement resolving the m ...
Monzo v. Bazos, 2017 U.S. Dist. LEXIS 178038 (E.D. Pa. Oct. 26, 2017): This case arises out of a dispute over a business partnership that fell apart shortly after it began, leading to a fight over the pieces. Both parties …
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Videotaped Witness Statement Admitted as Past Recollection Recorded: Wit. Lacked Current Recollection, Testified It Was He in the Video, Remembered Giving the Statement, Told the Truth, and the Matters Were Then Fresh in His Memory

Pierce v. State, 2017 Ga. LEXIS 940 (Ga. Sup. Ct. Oct. 30, 2017): Appellant Matthew Caleb Pierce was tried before a jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of sexual battery, and one count each of sexual exploitation of a child, distribution of Hydromorphone, and ...
Pierce v. State, 2017 Ga. LEXIS 940 (Ga. Sup. Ct. Oct. 30, 2017): Appellant Matthew Caleb Pierce was tried before a jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of…
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Circumstantial Twitter & Facebook Authentication: Photos, Including Selfies, on Page; Defendant’s Twitter Account Nickname Known in Community; Content (Dispute with Victim) Independently Corroborated

State v. Linzy, 2017 Tenn. Crim. App. LEXIS 737, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): The Defendant, Jabriel Linzy, alias, appeals as of right from his convictions for first degree murder, attempted first degree murder, and employment of a firearm during the commission of a dangerous felony. The Defendant argues (1) t ...
State v. Linzy, 2017 Tenn. Crim. App. LEXIS 737, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): The Defendant, Jabriel Linzy, alias, appeals as of right from his convictions for first degree murder, attempted first degree murder, and…
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Sanctions: Rule 37 Does Not Require the Vain Gesture of Imposing Ineffective Lesser Sanctions before Dismissal Where Futility and Willfulness or Bad Faith Are Clear (Good Quote) — Meaning of Abuse of Discretion in Third Circuit

Fortson v. City of Baldwin, 2017 WL 4685532 (3d Cir. Oct. 19, 2017): PER CURIAM: Major and Laura Fortson, two individuals proceeding pro se, appeal the district court’s dismissal of their
Fortson v. City of Baldwin, 2017 WL 4685532 (3d Cir. Oct. 19, 2017): PER CURIAM: Major and Laura Fortson, two individuals proceeding pro se, appeal the district court’s dismissal of their 42 U.S.C. § 1983 complaint as a sanction …
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Rule 11 Sanctions — Due Process — Failure to Provide Notice and Opportunity to Be Heard Requires Reversal

Mitchell v. Warden, 2017 U.S. App. LEXIS 20211 (11th Cir. Oct. 17, 2017): In February 2016, Blair Mitchell filed a pro se civil rights suit against prison officials at Autry State Prison ("Autry"), where he was incarcerated. Mr. Mitchell alleged that the staff at Autry was deliberately indifferent to his serious medical ...
Mitchell v. Warden, 2017 U.S. App. LEXIS 20211 (11th Cir. Oct. 17, 2017): In February 2016, Blair Mitchell filed a pro se civil rights suit against prison officials at Autry State Prison ("Autry"), where he was incarcerated. Mr. Mitchell alleged…
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Supreme Court: Appeals — Timeliness — Filing Deadline Set by Statute Is Jurisdictional, Not If Set by Rule — Then Can Be Waived — Equitable Exceptions Also Possible (Reasoning Not Limited to Appeals)

Hamer v. Neighborhood Hous. Servs., 2017 U.S. LEXIS 6765 (U.S. Nov. 8, 2017): This case presents a question of time, specifically, time to file a notice of appeal from a district court’s judgment. In Bowles< ...
Hamer v. Neighborhood Hous. Servs., 2017 U.S. LEXIS 6765 (U.S. Nov. 8, 2017): This case presents a question of time, specifically, time to file a notice of appeal from a district court’s judgment. In Bowles v. Russell, 551 U. …
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RICO: “The point of Rule 9(b) Is Precisely to Prevent Defendant-Clumping … by Requiring the Plaintiff to Allege Each Defendant’s Specific Participation in the Fraud” (Good Quote) — Use of RICO Case Statement on 12(b)(6) OK

Emess Capital, LLC v. Rothstein, 2011 WL 13214302 (S.D. Fla. Mar. 9, 2011) (R&R): *1 This matter is before the Court for a Report and Recommendations on two dispositive motions: (1) Defendant TD Bank N.A.’s motion to dismiss (Doc. 13) and (2) Plaintiff Emess Capital, LLC’s amended motion for default judgment agai ...
Emess Capital, LLC v. Rothstein, 2011 WL 13214302 (S.D. Fla. Mar. 9, 2011) (R&R): *1 This matter is before the Court for a Report and Recommendations on two dispositive motions: (1) Defendant TD Bank N.A.’s motion to dismiss (Doc. 13)…
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RICO: Injury from 1 Predicate Act Enough — Mail Fraud: Must ID a Mailing; 9(b)/Iqbal Caution — No Causation If Injury Could Occur w/o Predicate Act Or Is Not Directly Tied to Predicate Act — Only Bank Can Sue for Financial Institution Fraud

Empire Merchants, LLC v. Reliable Churchill LLLP, 2017 U.S. Dist. LEXIS 186669 (E.D.N.Y. Mar. 16, 2017): Plaintiff, Empire Merchants, LLC ("Empire"), is a liquor [*2]  wholesaler operating in New York City. Empire brings this action against numerous defendants, including a liquor wholesaler operating in Mar ...
Empire Merchants, LLC v. Reliable Churchill LLLP, 2017 U.S. Dist. LEXIS 186669 (E.D.N.Y. Mar. 16, 2017): Plaintiff, Empire Merchants, LLC ("Empire"), is a liquor [*2]  wholesaler operating in New York City. Empire brings this action against numerous defendants, including a…
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Protective Orders: Which In-House Counsel Should Be Barred from Highly Confidential Info? — Corp. Secretary, Board Attendee, Member of Sr. Mgmt. Committee Too Senior, Interactions with Decisionmakers Too Risky — Website of Party = Admission & 803(6)

Silversun Indus. v. PPG Indus., 2017 U.S. Dist. LEXIS 183647 (N.D. Ill. Nov. 6, 2017): INTRODUCTION Defendant, PPG, is a Forbes 500, multi-billion dollar, world-wide company, in the business of supplying paints, paint coatings, optical products, and specialty materials. Defendant, PPG Kansai Automotive F ...
Silversun Indus. v. PPG Indus., 2017 U.S. Dist. LEXIS 183647 (N.D. Ill. Nov. 6, 2017): INTRODUCTION Defendant, PPG, is a Forbes 500, multi-billion dollar, world-wide company, in the business of supplying paints, paint coatings, optical products, and specialty materials. Defendant,…
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Rule 41(d) Dismissal Sanction: Factors — Wasting Time, Money & Effort Pursuing Cooperation = Prejudice from Plaintiff’s Failure to Prosecute — Abuse of Discretion Standard (Sixth Circuit)

Crawford v. Beaumont, 2017 U.S. App. LEXIS 18887 (6th Cir. Sept. 12, 2017): Anitra E. Crawford, a Michigan resident proceeding pro se, appeals a district court judgment dismissing her civil ...
Crawford v. Beaumont, 2017 U.S. App. LEXIS 18887 (6th Cir. Sept. 12, 2017): Anitra E. Crawford, a Michigan resident proceeding pro se, appeals a district court judgment dismissing her civil rights case filed pursuant to 42 U.S.C. § 1983.…
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Recent Posts

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

Inherent Power and § 1927 Sanctions: Removal of counsel from case, referral for disciplinary action, and award of fees and costs for assaulting opposing counsel at deposition — Failure to request hearing waive any right to a hearing — Notice and opportunity to be heard required before sua sponte sanctions imposed, whether under Rule 11, the inherent power of the court or § 1927 — Notice may come from court or opposing counsel — Order imposing sanctions cannot provide notice of sanctions — Nature of bad faith requirement for inherent power sanctions: bad faith to obstruct the judicial process or bring about violation of a court order — Sanctions proceeding need not defer (Younger abstention) to disciplinary proceeding involving the same conduct — Sanctions proceeding doesn’t threaten to interfere with disciplinary proceeding — Why District Court is accorded significant deference in matters concerning attorney’s fees

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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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