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

RICO: Filed Rate Doctrine Bars Claim Energy Rates Manipulated — Sole Remedy Is at FERC — Exception to Doctrine If Rate-Setting Agency Has Determined Rates Resulted from Fraud

Woolsey v. JP Morgan Ventures Energy Corp., 2017 U.S. App. LEXIS 8468 (9th Cir. May 12, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. This appeal requires us to again consider the application of the filed rate doctrine to claims invol ...
Woolsey v. JP Morgan Ventures Energy Corp., 2017 U.S. App. LEXIS 8468 (9th Cir. May 12, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. This appeal requires …
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Supreme Court: Hague Convention on Service Abroad Permits Service by Mail If the Destination Country Does Not Object

Water Splash, Inc. v. Menon, 2017 U.S. LEXIS 3212 (U.S. May 22, 2017): This case concerns the scope of the Convention on the Service Abroad of Judicial [*6]  and Extrajudicial Documents in Civil and Commercial Matters, Nov. 15, 1965 (Hague Service Convention), 20 U. S. T. 361, T. I. A. S. No. 6638. The purpose of that multilateral tr ...
Water Splash, Inc. v. Menon, 2017 U.S. LEXIS 3212 (U.S. May 22, 2017): This case concerns the scope of the Convention on the Service Abroad of Judicial [*6]  and Extrajudicial Documents in Civil and Commercial Matters, Nov. 15, 1965 (Hague…
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$2.5 Million in Attorney’s Fees Properly Awarded under 35 U.S.C. § 285 Even Though Sanctions Rightly Denied under 28 U.S.C. § 1927 and Inherent Power

Nova Chemicals Corp. (Canada) v. Dow Chemical Co., 2017 U.S. App. LEXIS 8338 (Fed. Cir. May 11, 2017): NOVA Chemicals Corp. (Canada) and NOVA Chemicals Inc. (Delaware) (collectively, "NOVA") appeal the district court's award of approximately $2.5 million in attorney fees to Dow Chemical Co. ("Dow") unde ...
Nova Chemicals Corp. (Canada) v. Dow Chemical Co., 2017 U.S. App. LEXIS 8338 (Fed. Cir. May 11, 2017): NOVA Chemicals Corp. (Canada) and NOVA Chemicals Inc. (Delaware) (collectively, "NOVA") appeal the district court's award of approximately $2.5 million in attorney …
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Judicial Notice of Internet Evidence — Federal Court May Take Judicial Notice of State Court Dockets and Pleadings Available on the Internet

Hall v. CSP-Los Angeles, 2017 U.S. Dist. LEXIS 72931 (C.D. Cal. Feb. 15, 2017): REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United Stat ...
Hall v. CSP-Los Angeles, 2017 U.S. Dist. LEXIS 72931 (C.D. Cal. Feb. 15, 2017): REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to…
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RICO Statute of Limitations: Injury Occurs When Amount of Damages Is Clear, Definite — Investment Injury for Which Investor Has No Contractual or Legal Remedies Accrues at Time of Investment — Standards for Actual/Inquiry Notice, Equitable Tolling

Rosenshein v. Meshel, 2017 U.S. App. LEXIS 6960 (2d Cir. April 21, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on August 29, 2016, is AFFIRMED. Plaintiff Arnold Rosenshein, a real estate investor, sued defendants under the Racketeer Influenced and Corrupt Organiza ...
Rosenshein v. Meshel, 2017 U.S. App. LEXIS 6960 (2d Cir. April 21, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on August 29, 2016, is AFFIRMED. Plaintiff Arnold Rosenshein, a real estate investor, …
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Inherent Power Sanctions — Vexatious Litigant Injunction — Factors — Apt in “Extraordinary Circumstances,” Even If Other Rules Apply — Repeated Litigation of Same Issues without Any Objective Good Faith Hope of Winning

Armatas v. Maroulleti, 2017 U.S. App. LEXIS 8628 (2d Cir. May 17, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED in part, and the appeal is DISMISSED in p ...
Armatas v. Maroulleti, 2017 U.S. App. LEXIS 8628 (2d Cir. May 17, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED in part, and the appeal is…
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Rule 11 Sanctions: Appellate Jurisdiction — Once All Issues Relating to Order Adjudicated, Premature Notice of Appeal Ripens (All Details of Non-Monetary Sanctions Need Not Be Settled) — Law School Lectures as Sanction

Salmon v Nutra Pharma Corp., 2017 U.S. App. LEXIS 7544 (10th Cir. April 28, 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. ...
Salmon v Nutra Pharma Corp., 2017 U.S. App. LEXIS 7544 (10th Cir. April 28, 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…
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Supreme Court: Arbitration — Rule That Inhibits Entering Arbitration Agreement (Requires Power of Attorney to Specifically OK Jury Waiver) Violates FAA — Rule “Applicable to Arbitration Agreements and Black Swans” (Good Quotes)

Kindred Nursing Ctrs. LP v. Clark, 2017 U.S. LEXIS 2948 (U.S. May 15, 2017): The Federal Arbitration Act (FAA or Act) requires courts to place arbitration agreements [*5]  "on equal footing with all other contracts." DIRECTV, Inc. v. Imburgia, 577 U. S. ___, ___, 136 S. Ct. 463, 468, 19 ...
Kindred Nursing Ctrs. LP v. Clark, 2017 U.S. LEXIS 2948 (U.S. May 15, 2017): The Federal Arbitration Act (FAA or Act) requires courts to place arbitration agreements [*5]  "on equal footing with all other contracts." DIRECTV, Inc. v. Imburgia,…
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Instagram Authentication — Contents, Including Photos with Kids, Sufficient Evidence of Authenticity — Burden on Opponent to Show Hacking — “To Agree Evidence Is Weak Is Not to Agree It Is Speculative or Untenable” (Good Quote)

People v. Taylor, 2017 Cal. App. Unpub. LEXIS 3247 (Cal. Ct. App. May 12, 2017): Following a joint trial, a jury convicted Ruben Ramon Guajardo, the shooter, and his cousin Gino Wayne Taylor, an aider ...
People v. Taylor, 2017 Cal. App. Unpub. LEXIS 3247 (Cal. Ct. App. May 12, 2017): Following a joint trial, a jury convicted Ruben Ramon Guajardo, the shooter, and his cousin Gino Wayne Taylor, an aider and abettor, of the first …
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Cumulative Racist Text Messages Excluded under Rule 403 in Employment Discrimination Trial — Attempted Spoliation of Texts Excluded as Irrelevant Where Contents “Repeated for the Jury Ad Nauseam”

Phoenix v. Coatesville Area Sch. Dist., 2017 U.S. App. LEXIS 4871 (3d Cir. Mar. 20, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In an employment discrimination action alleging constructive discharge on the basis of race, Jahmal Phoen ...
Phoenix v. Coatesville Area Sch. Dist., 2017 U.S. App. LEXIS 4871 (3d Cir. Mar. 20, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In an employment …
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Recent Posts

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

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

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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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