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 11 Sanctions: Letter to Witness’s Counsel Challenging Facts in Witness’s Affidavit, Calling It Intentional Interference ≠ Witness Tampering — Meaning of Abuse of Discretion (6th Circuit)

Wal-Mart Real Estate Business Trust v. Eastwood, LLC, 2017 WL 3971441 (6th Cir. Sept. 8, 2017): *1 In this real estate dispute between lessors Eastwood, LLC, and Eastwood Holdings, LLC, (collectively, “Eastwood”) and lessee Wal-Mart Real Estate Business Trust (“Wal-Mart”), Wal-Mart sought to expand it ...
Wal-Mart Real Estate Business Trust v. Eastwood, LLC, 2017 WL 3971441 (6th Cir. Sept. 8, 2017): *1 In this real estate dispute between lessors Eastwood, LLC, and Eastwood Holdings, LLC, (collectively, “Eastwood”) and lessee Wal-Mart Real Estate Business Trust (“Wal-Mart”),…
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Judicial Notice of Internet Evidence — Court Has Discretion to Take Notice of Contents of Website of Counsel Who Filed Fee Application

Bluelink Mktg. LLC v. Carney, 2017 U.S. Dist. LEXIS 191978 (S.D.N.Y. Nov. 20, 2017): Plaintiffs Bluelink Marketing LLC and Gerald Owens (together, "Plaintiffs") brought this action against defendants Declan Carney and Tagcade LLC (together, "Defendants") for breach of contract, fraudulent conveyance, and breach of ...
Bluelink Mktg. LLC v. Carney, 2017 U.S. Dist. LEXIS 191978 (S.D.N.Y. Nov. 20, 2017): Plaintiffs Bluelink Marketing LLC and Gerald Owens (together, "Plaintiffs") brought this action against defendants Declan Carney and Tagcade LLC (together, "Defendants") for breach of contract, fraudulent…
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Texted Requests or Directions Are Not Hearsay — [While Court May Consider Hearsay for Authentication Purposes under 104(a),] Authenticating Witness Must Be Produced at Trial If Authentication Challenged

People v. Clark, 2017 Cal. App. Unpub. LEXIS 7686, 2017 WL 5151385 (Cal. Ct. App. Nov. 7, 2017): After a jury trial, defendant was convicted of receiving stolen property. Among other things, de ...
People v. Clark, 2017 Cal. App. Unpub. LEXIS 7686, 2017 WL 5151385 (Cal. Ct. App. Nov. 7, 2017): After a jury trial, defendant was convicted of receiving stolen property. Among other things, defendant contends the trial court erroneously admitted…
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Rule 37(d) Sanctions Likely Inapt If Witness Appears But Fails to Answer Questions — Answering Questions on Several Topics ≠ Failure to Appear — Movant’s Own Misconduct Justifies Rejection of Motion for Sanctions

Watkins v. Infosys, 2017 U.S. App. LEXIS 25193 (9th Cir. Dec. 13, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Marilyn Watkins ("Watkins") sued her former employer, Infosys, Ltd. ("Infosys"), an information technology com ...
Watkins v. Infosys, 2017 U.S. App. LEXIS 25193 (9th Cir. Dec. 13, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Marilyn Watkins ("Watkins") sued her former employer,…
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Removal OK under America Invents Act (§1454) If Court Must Interpret Patent — Grable Implicated — Judicial Notice of Internet Evidence: Adverse Party’s Website on 12(b)(1) (SMJ) Motion (Good Discussion of Limits and Factors reTaking Notice)

Apollo Enter. Solutions, Inc. v. Lantern Credit, LLC, 2018 U.S. Dist. LEXIS 6818 (C.D. Cal. Jan. 16, 2018): [PROPOSED] ORDER DENYING PLAINTIFF'S MOTION TO REMAND [13] AND DENYING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S FIRST AMENDED COUNTERCLAIMS [34] I. INTRODUCTION Pendin ...
Apollo Enter. Solutions, Inc. v. Lantern Credit, LLC, 2018 U.S. Dist. LEXIS 6818 (C.D. Cal. Jan. 16, 2018): [PROPOSED] ORDER DENYING PLAINTIFF'S MOTION TO REMAND [13] AND DENYING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S FIRST AMENDED COUNTERCLAIMS [34] I. INTRODUCTION Pending…
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If Dismissal on Shotgun Pleading Grounds (“Material Allegations … Buried Beneath … Pages of Rambling Irrelevancies” (Good Quote)), Must Give One Amendment Before Dismissing with Prejudice — Pendent State Claims Should Be Dismissed w/o Prejudice

Vibe Micro, Inc., 2018 WL 268849 (11th Cir. Jan. 3, 2018): *1 This appeal concerns the discretion of a district court to dismiss a complaint on shotgun pleading grounds. Plaintiff Edward Mandel1 appeals the district court’s dismissal with preju ...
Vibe Micro, Inc., 2018 WL 268849 (11th Cir. Jan. 3, 2018): *1 This appeal concerns the discretion of a district court to dismiss a complaint on shotgun pleading grounds. Plaintiff Edward Mandel1 appeals the district court’s dismissal with prejudice…
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Psychologist-Patient Privilege: Mere Fact Patient Tells Doc Fact Crime Has Been Committed, Which Must Be Disclosed to Authorities, Doesn’t Forfeit Confidentiality of Communications — Same re Attorney-Client (Lawyer Disclosure of Facts Not a Waiver)

United States v. Murra, 2018 U.S. App. LEXIS 906 (5th Cir. Jan. 15, 2018): The earlier opinion issued January 12, 2018, is withdrawn by the panel, and the following is issued in its place:   In August 2016, Defendant-Appellant Olga Murra was convicted by a jury of two counts of forced labor, in violation of
United States v. Murra, 2018 U.S. App. LEXIS 906 (5th Cir. Jan. 15, 2018): The earlier opinion issued January 12, 2018, is withdrawn by the panel, and the following is issued in its place:   In August 2016, Defendant-Appellant Olga Murra…
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Inherent Power Sanctions: Dismissal without Prejudice Generally Not an Abuse of Discretion — Dismissal OK for Omitting Statutory Prerequisite in Complaint without Showing of Intentionality — Meaning of Abuse of Discretion (11th Cir.)

Jenkins v. Hutcheson, 2018 WL 360428 (11th Cir. Jan. 11, 2018): PER CURIAM: *1 Adrian Jenkins, a state prisoner proceeding pro se, appeals the district court’s dismissal of his complaint without prejudice for failure to fully disclose all of his prior lawsuits on the complaint form. He argues that his ...
Jenkins v. Hutcheson, 2018 WL 360428 (11th Cir. Jan. 11, 2018): PER CURIAM: *1 Adrian Jenkins, a state prisoner proceeding pro se, appeals the district court’s dismissal of his complaint without prejudice for failure to fully disclose all of…
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FRAP 38 Sanctions: An Appeal Can Be Considered Frivolous “When an Appellant Gives the Court Nothing to Consider in the Appeal,” Such as by Asserting Arguments Impermissibly Raised for the First Time on Appeal

Matter of Kite (Kenneth Michael Wright, LLC v. Kite Bros., LLC), 2018 WL 400743 (5th Cir. Jan. 12, 2018): PER CURIAM: **1 On April 5, 2017, the U.S. District Court for the Western District of Louisiana entered an order granting Appellees Kite Bros., L.L.C., and Robert Kite’s Motion to Dismiss Untimely Bankrup ...
Matter of Kite (Kenneth Michael Wright, LLC v. Kite Bros., LLC), 2018 WL 400743 (5th Cir. Jan. 12, 2018): PER CURIAM: **1 On April 5, 2017, the U.S. District Court for the Western District of Louisiana entered an order…
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Arbitration: Appeals Court Has Jurisdiction under FAA § 16 When District Court Couples Vacatur of Award (Always Appealable) with Remand for New Arbitration — Arbitrator Exceeds Powers under § 10(a)(4) Only When Award Is Completely Irrational

Sanchez v. Elizondo, 2018 U.S. App. LEXIS 367, 2018 WL 297352 (9th Cir. Jan. 5, 2018): Defendant-Appellant Robert Elizondo appeals the district court's order vacating his arbitration award and remanding for further proceedings. Elizondo was awarded $75,000 in damages (the Award) in the parties' arbitration, which Elizondo init ...
Sanchez v. Elizondo, 2018 U.S. App. LEXIS 367, 2018 WL 297352 (9th Cir. Jan. 5, 2018): Defendant-Appellant Robert Elizondo appeals the district court's order vacating his arbitration award and remanding for further proceedings. Elizondo was awarded $75,000 in damages (the…
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Recent Posts

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

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

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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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