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

Judicial Notice of Internet Evidence: Attorney Affidavit of Search of Government Website Sufficient to Authenticate Printout on Summary Judgment — Testimony Chat Log Fully and Fairly Reproduces Chats Also Sufficient

Brown v. JNH Invs., 2017 U.S. Dist. LEXIS 117889 (E.D. Tex. July 7, 2017):  [*1] REPORT AND RECOMMENDATIONOF UNITED STATES MAGISTRATE JUDGE Pending before the Court is Defendants JNH Investments, Inc., J and H Investments Group, LLC, John Alsenih, and Haitham Faraj's Motion ...
Brown v. JNH Invs., 2017 U.S. Dist. LEXIS 117889 (E.D. Tex. July 7, 2017):  [*1] REPORT AND RECOMMENDATIONOF UNITED STATES MAGISTRATE JUDGE Pending before the Court is Defendants JNH Investments, Inc., J and H Investments Group, LLC, John Alsenih, and…
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Emails May Be Authenticated Circumstantially—Party’s Emails Are Admissions, 3rd Parties’ OK for Context — Wayback Machine Authenticable by Custodian Testimony, and Other Website Printouts by Testimony from Person Who Downloaded It

United States v. Gasperini, 2017 U.S. Dist. LEXIS 114166 (E.D.N.Y. July 21, 2017): Defendant Fabio Gasperini is charged with two counts of computer intrusion, one count of conspiracy to commit wire fraud, one count of wire fraud, and one count of conspiracy to commit money laundering. (See Indictment ("Ind." ...
United States v. Gasperini, 2017 U.S. Dist. LEXIS 114166 (E.D.N.Y. July 21, 2017): Defendant Fabio Gasperini is charged with two counts of computer intrusion, one count of conspiracy to commit wire fraud, one count of wire fraud, and one count …
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RICO-Based Federal Jurisdiction Requires Colorable Claim — Mere Recitation to RICO Act, Untethered to Vague and Conclusory Factual Allegations, Is Insufficient

Payn v. Kelley, 2017 U.S. App. LEXIS 13591 (10th Cir. July 27, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordere ...
Payn v. Kelley, 2017 U.S. App. LEXIS 13591 (10th Cir. July 27, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See…
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Inherent Power Sanctions: Evidence Preclusion, Attorneys’ Fees for Extrajudicial Conduct Aimed at Jury Pool & Potential Witnesses (Website, Ringless Voicemails) & Ethical Violations of Lawyer-Party (Lack of Candor to the Court & Obstruction)

Diamond Consortium, Inc. v Manookian, 2017 U.S. Dist. LEXIS 122625 (E.D. Tex. Aug. 3, 2017): Pending before the Court is Plaintiffs' Emergency Motion for Order to Show Cause (Potential Contempt of Court and Sanctions) (the "Emergency Motion") (Dkt. 269), the motion having been referred to the undersigned ...
Diamond Consortium, Inc. v Manookian, 2017 U.S. Dist. LEXIS 122625 (E.D. Tex. Aug. 3, 2017): Pending before the Court is Plaintiffs' Emergency Motion for Order to Show Cause (Potential Contempt of Court and Sanctions) (the "Emergency Motion") (Dkt. 269), the…
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Rule 11 Sanctions — Safe Harbor Must Be Honored Only Once Per Motion — If Denied without Prejudice, Motion May Be Renewed without Additional Safe Harbor — Needn’t Be 100% Identical 2d Time But Must Be Essentially the Same Motion (Case Law Split)

Merritt v. Lake Jovita Homeowners Ass’n, Inc., 2010 WL 11507746 (M.D. Fla. May 11, 2010): *1 BEFORE THE COURT is Defendants Lyons Heritage Pasco, LLC, Lyons Land Pasco, LLC, Bobby Lyons, and Morris Needles’ (the “Lyons Defendants”) Motion for Relief from Order Denying Their Motion to Tax Attor ...
Merritt v. Lake Jovita Homeowners Ass’n, Inc., 2010 WL 11507746 (M.D. Fla. May 11, 2010): *1 BEFORE THE COURT is Defendants Lyons Heritage Pasco, LLC, Lyons Land Pasco, LLC, Bobby Lyons, and Morris Needles’ (the “Lyons Defendants”) Motion for Relief…
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Inherent Power Sanctions Require a High Degree of Specificity in Factual Findings of Bad Faith — Fee Award Must Be Causally Related to the Misconduct

Virginia Props., LLC v. T-Mobile NE LLC, 2017 WL 3197539 (2d Cir. July 28, 2017): *1 In April of this year—long after the district court’s imposition of sanctions in the case before us—the Supreme Court addressed “a federal court’s i ...
Virginia Props., LLC v. T-Mobile NE LLC, 2017 WL 3197539 (2d Cir. July 28, 2017): *1 In April of this year—long after the district court’s imposition of sanctions in the case before us—the Supreme Court addressed “a federal court’s inherent…
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Blog Authentication Requires Testimony/Declaration Coupled with Circumstantial Indicia of Authenticity, Such as the Date & Web Address Appearing on Printout — Printouts from Commercial Websites Are Not Self-Authenticating

In re Carrsow-Franklin (Kennerty v. Carrsow-Franklin), 456 B.R. 753 (D.S.C. Bankr. Sept. 16, 2011): This matter comes before the Court on the Motion for Protective Order (“Motion”) filed by Herman John Kennerty (“Kennerty”). A hearing on the Motion was conducted on September 9, 2011. Cynthia Carrsow–Franklin (“Debtor”) s ...
In re Carrsow-Franklin (Kennerty v. Carrsow-Franklin), 456 B.R. 753 (D.S.C. Bankr. Sept. 16, 2011): This matter comes before the Court on the Motion for Protective Order (“Motion”) filed by Herman John Kennerty (“Kennerty”). A hearing on the Motion was conducted…
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Evidence from Provider That Phone Number Is Assigned to Party, and His Admission It Is His Phone, Authenticate Incoming Texts as Likely Received by Him — But the Contents Are Hearsay

People v. Harper, 2017 Ill. App. LEXIS 465 (Ill. Ct. App. July 13, 2017): In October 2014, defendant, Lafayette Harper, was convicted of first degree murder. In December 2014, the trial court sentenced him to 65 years in prison. Defendant appeals, raising the following arguments: (1) the State failed to prove his guil ...
People v. Harper, 2017 Ill. App. LEXIS 465 (Ill. Ct. App. July 13, 2017): In October 2014, defendant, Lafayette Harper, was convicted of first degree murder. In December 2014, the trial court sentenced him to 65 years in prison. Defendant…
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Civil Service Reform Act Precludes Civil RICO Action by Federal Employee against Coworkers & Supervisors (Issue of First Impression in Ct. App.) — So, Too, Does Title VII — 6½ Year Delay in Deciding SJ No Reason to Reverse

González v. Vélez, 2017 WL 3124431 (1st Cir. July 24, 2017): *1 This is a federal-sector employment discrimination case, in which the plaintiffs have attempted to improve their lot by invoking extravagant theories of liability. The plaintiffs’ theories run headlong into an impenetrable barrier forged by th ...
González v. Vélez, 2017 WL 3124431 (1st Cir. July 24, 2017): *1 This is a federal-sector employment discrimination case, in which the plaintiffs have attempted to improve their lot by invoking extravagant theories of liability. The plaintiffs’ theories run headlong …
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Rule 16(f) Sanctions — Dismissal for Repeated Failures to Obey Scheduling Orders Despite Multiple Reprieves — Different Result If Deadlines Not Clearly Communicated

McKeague v. One World Techs., Inc., 2017 U.S. App. LEXIS 10240 (1st Cir. June 8, 2017):  This appeal arises out of a civil case in which the plaintiff's two lawyers did nothing to prosecute the plaintiff's claims within generous deadlines, received a second chance, and then failed to oppose a pending motion for summary judgm ...
McKeague v. One World Techs., Inc., 2017 U.S. App. LEXIS 10240 (1st Cir. June 8, 2017):  This appeal arises out of a civil case in which the plaintiff's two lawyers did nothing to prosecute the plaintiff's claims within generous deadlines,…
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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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