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

3d Circuit’s 7-Factor Test for Admitting Tape Recordings in Criminal Cases Is Not The Sole Test — Tape Recordings of Voicemails Admitted on Testimony of Recipient/Taper — Gaps in Chain of Custody Go to Weight

United States v. Credico, 2017 U.S. App. LEXIS 25472 (3d Cir. Dec. 18, 2017) (affirming the decision excerpted in our post of Nov. 19, 2016): Defendant Justin Credico appeals from his conviction after a jury trial for threatening federal agents and their immediate family members, in violation of 18 U.S.C. § 115(a)(1).
United States v. Credico, 2017 U.S. App. LEXIS 25472 (3d Cir. Dec. 18, 2017) (affirming the decision excerpted in our post of Nov. 19, 2016): Defendant Justin Credico appeals from his conviction after a jury trial for threatening federal agents…
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Spoliation: Bad Faith Needed in 10th Cir. But Breach of Reg Gives Rise to Bursting Bubble Presumption (R. 301) Against Destroyer—Opening Statement Opens Door to Evid on Matters Mentioned, Waives In Limine Motion, Which Must Be Renewed at Trial (R. 103)

EEOC v. JetStream Ground Servs., Inc., 2017 U.S. App. LEXIS 26867 (10th Cir. Dec. 28, 2017): A jury rejected an employment-discrimination claim against JetStream Ground Services, Inc. filed by several Muslim women and the Equal Employment Opportunity Commission (EEOC) (collectively, Plaintiffs1
EEOC v. JetStream Ground Servs., Inc., 2017 U.S. App. LEXIS 26867 (10th Cir. Dec. 28, 2017): A jury rejected an employment-discrimination claim against JetStream Ground Services, Inc. filed by several Muslim women and the Equal Employment Opportunity Commission (EEOC) (collectively, …
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RICO Conspiracy Requires Agreement to Facilitate Scheme That Includes Operation or Management of RICO Enterprise (9th Circuit)

United States v. Young, 2017 U.S. App. LEXIS 26858 (9th Cir. Dec. 27, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. On August 2, 2009, alleged Pueblo Bishops Bloods gang member Jesse McWayne was killed during a drive-by shooting in the Puebl ...
United States v. Young, 2017 U.S. App. LEXIS 26858 (9th Cir. Dec. 27, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. On August 2, 2009, alleged Pueblo…
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Rule 16(f) Sanctions: Failure to Notify Adversary of Change in Settlement Posture Before Settlement Conference = Not Participating in Good Faith — Appeals: Failure to Include Transcript Bars Review of Findings of Fact Concerning Hearing

Koehn v. Tobias, 2017 WL 3327009 (7th Cir. Aug. 4, 2017): Plaintiff-appellee Peter Koehn filed suit under
Koehn v. Tobias, 2017 WL 3327009 (7th Cir. Aug. 4, 2017): Plaintiff-appellee Peter Koehn filed suit under 42 U.S.C. § 1983, alleging that Defendants-appellants Lauri Tobias and Margaret Segerston (Defendants), his former employers, unlawfully retaliated against him for exercising…
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Inherent Power Sanctions on Non-Party OK (Purported CEO of Plaintiffs, Authored Bad Faith Affidavits, Failed to Appear when Ordered) — 9th Circuit’s Recklessness-Plus Standard for Bad Faith: Concrete Examples

Indiezone, Inc. v. Rooke, 2017 U.S. App. LEXIS 25308 (9th Cir. Dec. 14, 2017): MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In this consolidated appeal, appellants seek review of the district ...
Indiezone, Inc. v. Rooke, 2017 U.S. App. LEXIS 25308 (9th Cir. Dec. 14, 2017): MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In this consolidated appeal, appellants…
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Sanctions: Sixth Circuit Applies Same Four Factors to Determine Whether Dismissal Is Warranted under Rules 37(b)(2) and 41(b)

Marsh v. Rhodes, 2017 U.S. App. LEXIS 25354 (6th Cir. Dec. 14, 2017): ORDER DeVonne Marsh, a former Michigan prisoner proceeding pro se, appeals the district court's order dismissing his 42 U.S.C. § 1983 action under Federal Rules of Civil Procedure 37 and 41. Additionally, he moves to sanction the defendants. This case ha ...
Marsh v. Rhodes, 2017 U.S. App. LEXIS 25354 (6th Cir. Dec. 14, 2017): ORDER DeVonne Marsh, a former Michigan prisoner proceeding pro se, appeals the district court's order dismissing his 42 U.S.C. § 1983 action under Federal Rules of Civil…
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Spoliation — In Criminal Cases, Bad Faith Is Essential to Support Adverse Inference Instruction Even in Circuits Not Requiring Bad Faith in Civil Cases (Dissent Questions Whether This Is True in All Cirs. — This Case Makes It True in 6th Cir.)

United States v. Brasswell, 2017 U.S. App. LEXIS 16144 (6th Cir. Aug. 21, 2017): Defendant Larry Braswell was convicted of one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and was sentenced to 235 months' imprisonment. On appeal, Defendant challenges both his conviction and his sentenc ...
United States v. Brasswell, 2017 U.S. App. LEXIS 16144 (6th Cir. Aug. 21, 2017): Defendant Larry Braswell was convicted of one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and was…
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Texts from Unknown Phone Authenticated by Testimony That Recipient Called Number and Recognized the Voice of the Sender

People v. Mansoori, 2017 IL App (1st) 151832, 2017 Ill. App. Unpub. LEXIS 2510 (Ill. Ct. App. Dec. 8, 2017):  [*P1]  Held: The defendant's conviction for harassment through electronic communications is affirmed.  [*P2]  The pro se defendant-appellant
People v. Mansoori, 2017 IL App (1st) 151832, 2017 Ill. App. Unpub. LEXIS 2510 (Ill. Ct. App. Dec. 8, 2017):  [*P1]  Held: The defendant's conviction for harassment through electronic communications is affirmed.  [*P2]  The pro se defendant-appellant1 Christopher Mansoori,…
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Disqualification: 10th Cir. Factors—Essential Issue Is Taint of Lawsuit — Sanctions: If Attorney’s Fees Imposed on Client & Counsel, Counsel’s Objecting Just for Itself = Conflict, Resolved by Agreeing to Pay All—Meaning of Abuse of Discretion

U.S. ex rel. Tracy v. Emigration Improvement Dist., 2017 U.S. App. LEXIS 23650 (10th Cir. Nov. 22, 2017):   *   After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See < ...
U.S. ex rel. Tracy v. Emigration Improvement Dist., 2017 U.S. App. LEXIS 23650 (10th Cir. Nov. 22, 2017):   *   After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on…
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Sanctions: Rule 41(b) Dismissal Requires Willful Disobedience of Court Order, Is a Last Resort — No Inherent Power Dismissal without Leave to Amend on Grounds Complaint Is Patently Frivolous (Circuit Split) — Rooker-Feldman Inapplicable to TROs

Smith v. HSBC Bank USA, N.A., 679 Fed.Appx. 876 (11th Cir. Feb. 13, 2017): Plaintiffs Marvin and Sharon Smith, proceeding pro se,1 appeal the district court’s denial of their motion to remand and the district court’s dismissal with prejudice of their complaint. Reversi ...
Smith v. HSBC Bank USA, N.A., 679 Fed.Appx. 876 (11th Cir. Feb. 13, 2017): Plaintiffs Marvin and Sharon Smith, proceeding pro se,1 appeal the district court’s denial of their motion to remand and the district court’s dismissal with…
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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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