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

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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Inherent Power Sanctions: Bad Faith Personal to Offender (Partner v Firm)—Reckless-Plus or Willful Blindness OK—Out-of-State Non-Appearing Lawyer, Non-Lawyer Subject to Jurisdiction—Clear & Convincing Evidence—Standing—What Is Clearly Erroneous

JTR Enters., LLC v. Columbian Emeralds, 2017 U.S. App. LEXIS 11248 (11th Cir. June 23, 2017): JTR Enterprises, LLC ("JTR"), a company run by Jay Miscovich that was ostensibly engaged in treasure hunting, brought an admiralty action in the Southern District Court of Florida seeking title to emeralds that Miscovich and ...
JTR Enters., LLC v. Columbian Emeralds, 2017 U.S. App. LEXIS 11248 (11th Cir. June 23, 2017): JTR Enterprises, LLC ("JTR"), a company run by Jay Miscovich that was ostensibly engaged in treasure hunting, brought an admiralty action in the Southern …
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Email Authentication, Admissibility: 901(a) Satisfied by Showing Email Sent from Secret Account Known Only to Sender/Recipient & Contained Info Only They Knew — Use of Translator ≠ Hearsay Except Rarely (Nonexclusive Factors Given)

United States v. Zhu, 854 F.3d 247 (4th Cir. 2016): Kaixiang Zhu was convicted by a jury of conspiring to commit immigration fraud, see 18 U.S.C. § 371, and aiding and abetting fraud and misuse of immigration documents, see
United States v. Zhu, 854 F.3d 247 (4th Cir. 2016): Kaixiang Zhu was convicted by a jury of conspiring to commit immigration fraud, see 18 U.S.C. § 371, and aiding and abetting fraud and misuse of immigration documents, see 18 …
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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