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 — Pro Se Not Entitled to Attorney’s Fees Even If a Lawyer — Abuse of Discretion to Preclude Rule 11 Motion Based on Evaluation of Target’s Conduct under Subjective, Rather Than Objective, Standard

Rowe v. Gary, 2017 WL 3082022 (11th Cir. July 20, 2017): *1 Maria Sperando, a lawyer proceeding pro se, appeals the district court’s refusal to allow her to file a motion for sanctions against Leonard Rowe, Rowe Entertainment, Inc., Lee King, and Lee King Productions Inc. (collectively, the “plainti ...
Rowe v. Gary, 2017 WL 3082022 (11th Cir. July 20, 2017): *1 Maria Sperando, a lawyer proceeding pro se, appeals the district court’s refusal to allow her to file a motion for sanctions against Leonard Rowe, Rowe Entertainment, Inc., …
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Rule 37(d) Sanctions: When Party Ignores Order after Warning Dismissal Could Result, No Abuse of Discretion to Dismiss — Failure to Attend Deposition as Ordered or Pay Prior Sanction — “Naked Claims of Destitution” Not Substantial Jusitification

Lafavors v. Thayer, 2017 U.S. App. LEXIS 12849 (11th Cir. July 18, 2017): Henry LaFavors, a state prisoner proceeding pro se, appeals the district court's dismissal, for failure to comply with a court order, of his complaint brought under 42 U.S.C. § 1983. On appeal, LaFavors argues that the district cou ...
Lafavors v. Thayer, 2017 U.S. App. LEXIS 12849 (11th Cir. July 18, 2017): Henry LaFavors, a state prisoner proceeding pro se, appeals the district court's dismissal, for failure to comply with a court order, of his complaint brought under…
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Spoliation: Movant Fails to Carry Burden Where Document May Have Been Lost Before the Duty to Preserve Attached — Best Evidence: If Original of Form Contract Innocently Lost, Use of Exemplar as Duplicate OK

Bickoff v. Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 24579 (9th Cir. Dec. 5, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Bruce Bickoff appeals the district court's grant of summary judgment in favor of Well ...
Bickoff v. Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 24579 (9th Cir. Dec. 5, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Bruce Bickoff appeals the…
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“Conclusory, Self-Serving Affidavits Are Insufficient to Withstand Motion for SJ” (Good Quote) — Dr.’s Unauthorized Disclosure to Wife of Husband’s 160-Pill Viagra Rx Followed by Divorce ≠ Negligence Claim (No Causation) But = Breach of Confi

Lee v. Park, 2017 WL 6508840 (3d Cir. Dec. 20, 2017): This case originated as a result of the alleged improper disclosure of private medical information. Sang Geoul Lee (“Mr. Lee”) sued his former physician, Won Il Park (“Dr. Park”), asserting New Jersey state law claims of negligence per se (Count I), negligence (Count II), a ...
Lee v. Park, 2017 WL 6508840 (3d Cir. Dec. 20, 2017): This case originated as a result of the alleged improper disclosure of private medical information. Sang Geoul Lee (“Mr. Lee”) sued his former physician, Won Il Park (“Dr. Park”),…
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RICO Standing Is Not Jurisdictional, Thus Is Judged under 12(b)(6), Not 12(b)(1) — Plaintiff Asserting Derivative Claim Cannot Show Proximate Cause under RICO

Saia v. Flying J. Inc., 2017 WL 6398013 (6th Cir. July 11, 2017): *1 Louis Saia, a Tennessee resident proceeding pro se, appeals the district court’s judgment dismissing his action for lack of standing. This case has been referred to a panel of the court that, upon examination, unanimously agrees that oral argument ...
Saia v. Flying J. Inc., 2017 WL 6398013 (6th Cir. July 11, 2017): *1 Louis Saia, a Tennessee resident proceeding pro se, appeals the district court’s judgment dismissing his action for lack of standing. This case has been referred to…
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RICO: Non-Fraud Predicates Require Specific Factual Allegations; Hard Bargaining vs. Extortion — Rule 11 Sanctions: Complaint a “Quagmire of Wordy & Repetitious Verbiage” (Good Quote) — Court Must State Basis for Attorney’s Fees Award

Cervantes Orchards & Vineyards, LLC v. Deere & Co., 2017 U.S. App. LEXIS 25413 (9th Cir. Dec. 15, 2017): Cervantes Orchards and Vineyards, along with Cervantes Nurseries, Cervantes Packing & Storage, Manchego Real, Jose G. Cervantes, and Cynthia C. Cervantes, (collectively "Cervantes"),
Cervantes Orchards & Vineyards, LLC v. Deere & Co., 2017 U.S. App. LEXIS 25413 (9th Cir. Dec. 15, 2017): Cervantes Orchards and Vineyards, along with Cervantes Nurseries, Cervantes Packing & Storage, Manchego Real, Jose G. Cervantes, and Cynthia C. Cervantes,…
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Sixth Circuit Appears to Erroneously Affirm § 1927 Sanctions Imposed on Non-Attorney Pro Se Whose Conduct Could Have Been Sanctioned under Rule 11 or the Inherent Power

In re: Polyurethane Foam Antitrust Litigation, 2017 U.S. App. LEXIS 25352 (6th Cir. Dec. 14, 2017) (unpublished): ORDER Christopher Andrews, proceeding pro se, appeals the district court's judgment imposing sanctions against him (No. 17-3361) and its order denying his motion to stay sanctions pending the appeal of t ...
In re: Polyurethane Foam Antitrust Litigation, 2017 U.S. App. LEXIS 25352 (6th Cir. Dec. 14, 2017) (unpublished): ORDER Christopher Andrews, proceeding pro se, appeals the district court's judgment imposing sanctions against him (No. 17-3361) and its order denying his motion …
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Hearsay Statements of Joint Venturers Admissible for Their Truth under Co-Conspirator Exception (Rule 801(d)(2)(E)) If Proponent Proves by Independent, Non-Hearsay Evidence (i) Existence of Joint Venture and (ii) That Statement Was in Furtherance of It

Commonwealth v. Holley, 2017 Mass. LEXIS 889 (Mass. Dec. 14, 2017): On the morning of October 17, 2012, Alfonso Rivas was in his apartment building anticipating a sale of marijuana to Reginald Holley when Rivas was fatally shot in the head. Holley and Oasis Pritchett were convicted of felony-murder in the first degree, armed robbery, ...
Commonwealth v. Holley, 2017 Mass. LEXIS 889 (Mass. Dec. 14, 2017): On the morning of October 17, 2012, Alfonso Rivas was in his apartment building anticipating a sale of marijuana to Reginald Holley when Rivas was fatally shot in the…
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Is a Spoliation Instruction Permissible in a Criminal Case? — Eleventh Circuit Says It Has Yet to Decide

United States v. Jacques, 2017 U.S. App. LEXIS 24361 (11th Cir. Dec. 1, 2017) (unpublished): PER CURIAM: Patrick Jacques appeals his below-the-guidelines range sentence, imposed after he was convicted by a jury for (1) possession of a firearm and ammunition by a felon, (2) possession of a firearm in furtherance of a drug traffi ...
United States v. Jacques, 2017 U.S. App. LEXIS 24361 (11th Cir. Dec. 1, 2017) (unpublished): PER CURIAM: Patrick Jacques appeals his below-the-guidelines range sentence, imposed after he was convicted by a jury for (1) possession of a firearm and ammunition…
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Discovery of Income Tax Returns (2-Part Test) — Financial Information Relevant to a Determination of Punitive Damages: Discoverable before Trial? (Case Law Split)

Marsteller v. Butterfield 8 Stamford LLC, 2017 U.S. Dist. LEXIS 195347  (D. Conn. Nov. 28, 2017): Plaintiff Lauren E. Marsteller ("plaintiff") has filed a motion seeking to compel de ...
Marsteller v. Butterfield 8 Stamford LLC, 2017 U.S. Dist. LEXIS 195347  (D. Conn. Nov. 28, 2017): Plaintiff Lauren E. Marsteller ("plaintiff") has filed a motion seeking to compel defendants Butterfield 8 Stamford LLC, Public House Investments LLC, Lolas Stamford…
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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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