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

Texts Authenticatable Circumstantially (Testimony, Corroborative Facts, Distinctive Characteristics, Process, Etc.) — Testimony re Use of Cellebrite≠Expert Evidence — Mention of Name≠Hearsay — Must Try to ID/Locate Unidentified Texters

State v. Moss, 2017 Del. LEXIS 271 (Del. Sup. Ct. June 28, 2017): This 28th day of June 2017, upon consideration of the briefs and record on appeal, it appears to the Court that: (1) Malik J. Moss ("Moss") appeals from his conviction and sentence for Drug Dealing, Disregarding a Police Officer's Signal, Reckless D ...
State v. Moss, 2017 Del. LEXIS 271 (Del. Sup. Ct. June 28, 2017): This 28th day of June 2017, upon consideration of the briefs and record on appeal, it appears to the Court that: (1) Malik J. Moss ("Moss") appeals…
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Inherent Power Sanctions — Bankruptcy Court Possesses the Authority to Impose Inherent Power Sanctions for Bad Faith or Willful Misconduct

In re Den Beste (Den Beste v. Harrington), 2017 U.S. App. LEXIS 5316 (9th Cir. Mar. 27, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Paul Den Beste appeals pro se from the district court's order affirming the bankruptcy court's order ...
In re Den Beste (Den Beste v. Harrington), 2017 U.S. App. LEXIS 5316 (9th Cir. Mar. 27, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Paul Den…
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Twitter Admissibility: Is Tweet Posted Years after Event Admissible to Show Tweeter’s State of Mind Years Earlier?

State v. Boughs, 2017 Fla. App. LEXIS 9181 (Fla. Ct. App. June 23, 2017): PER CURIAM. AFFIRMED. EVANDER and EDWARDS, JJ., concur.    BERGER, J., dissents, with opinion. DISSENT BY: BERGER DISSENT BERGER, J., dissenting. I would rever ...
State v. Boughs, 2017 Fla. App. LEXIS 9181 (Fla. Ct. App. June 23, 2017): PER CURIAM. AFFIRMED. EVANDER and EDWARDS, JJ., concur.    BERGER, J., dissents, with opinion. DISSENT BY: BERGER DISSENT BERGER, J., dissenting. I would reverse the trial court's…
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Rule 11 Sanctions for Recklessly Furthering Fraud, Defending False St. Ct. Complaint—Dismissal + Monetary Sanctions (Rules 11, 16(f), 37, § 1927, Inherent Power)—Ability to Pay under § 1927 (Circuit Split)—Invited Error (Good Quote)

Danubis Grp., LLC v. Landmark Am. Ins. Co., 2017 U.S. App. LEXIS 6499 (11th Cir. April 17, 2017): PER CURIAM: Attorney Kevin Ambler appeals the district court's imposition of sanctions against him for misconduct related to discovery and his pre-trial investigation of facts in the complaint. On appeal, Ambler argues that the ...
Danubis Grp., LLC v. Landmark Am. Ins. Co., 2017 U.S. App. LEXIS 6499 (11th Cir. April 17, 2017): PER CURIAM: Attorney Kevin Ambler appeals the district court's imposition of sanctions against him for misconduct related to discovery and his pre-trial…
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Sanctions: Fees on Fees (Fees Incurred in Connection with Sanctions Motions) Not Permitted under FRAP 38 But Are Allowable under 28 U.S.C. § 1927

Blixeth v. Yellowstone Mountain Club, LLC, 2017 U.S. App. LEXIS 6589 (9th Cir. April 18, 2017): I Background We ordered Timothy L. Blixseth and his attorney Michael J. Flynn to pay appellees' attorneys' fees and costs in defending against this appeal under Federal Rule of Appellate Proce ...
Blixeth v. Yellowstone Mountain Club, LLC, 2017 U.S. App. LEXIS 6589 (9th Cir. April 18, 2017): I Background We ordered Timothy L. Blixseth and his attorney Michael J. Flynn to pay appellees' attorneys' fees and costs in defending against this …
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Judicial Notice May Be Taken of Public Records Available from Reliable Sources on the Internet — Federal Court May Judicially Notice Another Court’s Website

Way v. Stewart, 2017 U.S. Dist. LEXIS 83566, at *2 n.1 (E.D. Mich. June 1, 2017):     1   See coa.courts.mi.gov/. Public records and government documents, including those available from reliable sources on the Internet, are subject to judicial notice. See United States ex. ...
Way v. Stewart, 2017 U.S. Dist. LEXIS 83566, at *2 n.1 (E.D. Mich. June 1, 2017):     1   See coa.courts.mi.gov/. Public records and government documents, including those available from reliable sources on the Internet, are subject to judicial notice. See…
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Rule 11 Sanctions — Falsely Claiming Personal Knowledge = Subjective Bad Faith — Dismissal Requires Willfulness, Bad Faith or Fault — Leave to Amend May Be Denied Based on Bad Faith

U.S. ex rel. Hayes v. Allstate Ins. Co., 2017 U.S. App. LEXIS 5756 (2d Cir. April 4, 2017): SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the order of the district court is AFFIRMED. Plaintiff-Appellant J. Micha ...
U.S. ex rel. Hayes v. Allstate Ins. Co., 2017 U.S. App. LEXIS 5756 (2d Cir. April 4, 2017): SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the order of the district court is AFFIRMED…
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Spoliation Motion Seeking Discovery- and Trial-Related Sanctions Mooted by Summary Judgment for Opponent — Adverse Inference Wouldn’t Help Survive SJ on Legal Grounds — Perfunctory Argument on Appeal Waived

Emery v. Talladega College, 2017 U.S. App. LEXIS 8557 (11th Cir. May 16, 2017): I. BACKGROUND Plaintiff Joshua Emery was a freshman at Defendant Talladega College in the fall of 2012. Defendants Billy C. Hawkins, Jacqueline W. Paddio, and Miguel A. Bonds are administrators at Talladega College. On Octobe ...
Emery v. Talladega College, 2017 U.S. App. LEXIS 8557 (11th Cir. May 16, 2017): I. BACKGROUND Plaintiff Joshua Emery was a freshman at Defendant Talladega College in the fall of 2012. Defendants Billy C. Hawkins, Jacqueline W. Paddio, and Miguel…
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Rule 11 Sanctions Appropriate for Pressing Claim after It Is No Longer Tenable

Woodhull v. Mascarella, 2017 U.S. App. LEXIS 11194 (11th Cir. June 23, 2017): Angela Woodhull appeals pro se the sua sponte dismissal of her complaint and the sanctions levied against her for filing her complaint in bad faith. Woodhull complained about the violation of her constitutional rights in connection with the ...
Woodhull v. Mascarella, 2017 U.S. App. LEXIS 11194 (11th Cir. June 23, 2017): Angela Woodhull appeals pro se the sua sponte dismissal of her complaint and the sanctions levied against her for filing her complaint in bad faith. Woodhull complained…
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Supreme Court: Unconditional Statute of Repose Not Subject to Equitable Tolling — Under American Pipe, Any Motion to Intervene Must Be Filed within the Stub Period of the SOL after Certification Denied

Cal. Pub. Employees’ Ret. Sys. v. Anz Secs., Inc., 2017 U.S. LEXIS 4062 (U.S. June 26, 2017): The suit giving rise to the case before the Court was filed by a plaintiff who was a member of a putative class in a class action but who later elected to withdraw and proceed in this separate suit, seeking recovery for the same illegaliti ...
Cal. Pub. Employees’ Ret. Sys. v. Anz Secs., Inc., 2017 U.S. LEXIS 4062 (U.S. June 26, 2017): The suit giving rise to the case before the Court was filed by a plaintiff who was a member of a putative class…
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Recent Posts

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

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

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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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